647 Special Permit Uses.

The special permit procedure is intended to allow the location of certain uses while maintaining adequate protection to the surrounding area. These uses, which are necessary in urban development, do not usually conform with traditional use groupings.

A.    Permitted uses. There shall be permitted, in addition to the uses enumerated in the several use districts, certain additional uses subject to the requirements of this section.

1.    A special permit may be granted by the Council upon recommendation of the Commission to establish the following uses in all districts in which such use is not otherwise allowed.

a.    Boarding house; provided, that not more than ten individuals shall occupy a single dwelling; further, no more than two individuals shall occupy each bedroom; and subject to the following conditions: +33

(1)    Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee, as to compliance with the standards of this section as provided in Section 701. +33

(2)    No boarding house shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another boarding house, group home, or community residence home or center within a residential zoning district. +33

b.    Cemetery. A crematorium, columbarium, mausoleum and mortuary may be permitted as an accessory use provided there is no direct access from these accessory uses to a public street. *33

c.    Country club, golf course, tennis club or other health or athletic club, provided, however, that this use shall not be construed to authorize a driving range, miniature golf course or similar use. "Country club," "golf course," "tennis club" or other "health" or "athletic club" as used in this section shall mean facilities serving the specified purpose and which are restricted to the use of paying members and their guests unless use by nonmembers is approved by City Council at the time of special permit approval or amendment. *33

(1)    Accessory uses are subject to the following requirements:

(a)    Development review approval in accordance with Section 507 of this ordinance.

(b)    Compliance with parking requirements set forth in Section 702 of this ordinance.

(c)    No individual accessory use shall contain more than two thousand square feet, except bars, restaurants, and meeting rooms.

(d)    Bar facilities, restaurant facilities, and meeting room facilities shall not contain more than four thousand square feet per type of use.

The sum of the floor areas of all accessory uses (except restaurants, bars, and meeting rooms) shall not exceed twenty-five percent of the total building floor area of the facility.

(2)    Identification signs are subject to the following:

(a)    Except as specified in this section signage shall be in accordance with the underlying zoning district sign regulations.

(b)    Ground sign height shall not exceed the underlying district regulations. Ground sign area is limited to twenty-four square feet, which shall not be counted against the identification sign area otherwise allowed. Ground signs shall be erected only on freeways, expressways, parkways, major or collector streets.

(c)    No sign, display or other exterior indications of accessory uses shall be visible from a public thoroughfare or adjacent property.

d.    Religious retreat facility. *25 *33

e.    Public stable or riding academy when located on a site of not less than ten acres, provided that every structure for the sheltering of animals shall be set back at least one hundred feet from every lot line. *25 *33

f.    Zoological or botanical garden. *25 *33

g.    Group home; provided, that not more than ten individuals shall occupy a single dwelling; further, no more than two individuals shall occupy each bedroom; and subject to the following conditions: *25 *33

(1)    Such home shall be registered with, and administratively verified by, the Planning and Development Department Director’s designee, as to compliance with the standards of this section as provided in Section 701. +33

(2)    No group home shall be located on a lot with a property line within 1,320 feet, measured in a straight line in any direction, of the lot line of another group home, boarding house, or community residence home or center within a residential zoning district. +33

h.    Stadiums, tracks for racing, amphitheaters, and other similar places of public assembly, including uses customarily associated therewith and appurtenant thereto, provided that the site: *25 *29 *33

(1)    Contains a minimum of eighty acres; and

(2)    Abuts an arterial street or freeway as shown on the street classification map of the City of Phoenix; *16

(3)    And provided that every building be set back at least one hundred feet from the lot lines.

The above requirements as to site size and building setback may be varied by the Council where special circumstances exist as to topography, drainage, flood hazard, or peculiarity of the shape of the site and where such variance would not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or the public welfare in general.

Limited access to local or collector streets which serve residential districts may be allowed by the Council for reasons of safety and/or emergency.

City Council will determine the maximum height of principal building(s) or structure(s) which may be in excess of the maximum height allowed by the underlying zoning district where due to the unique nature of the use such height is warranted and where the additional height would not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general.

i.    Rock quarrying, sand and gravel, and other mineral extraction, and necessary processing and storage ancillary to extraction, asphaltic and concrete mixing plants and storage ancillary thereto shall be subject to the following regulations: *25 *29 *33

(1)    The applicant shall indicate a proposed re-use of the land upon expiration or abandonment of the special permit, said re-use to be in compliance with regulations of the zoning district in which located. Necessary recontouring of the site to accommodate such re-use shall be reflected on the site plan or on a separate sheet of the plan. The re-use plan shall indicate an anticipated phasing thereon.

(2)    The following minimum standards shall be complied with:

(a)    There shall be a minimum site size of five acres for any extractive operation.

(b)    No building or structure other than conveyor belts or tubes shall be closer to a dwelling unit than five hundred feet.

(c)    No part of any excavation shall be closer to the boundary of the site than fifty feet.

(d)    All operations including excavation and processing and all interior drives and any roads connecting the site to the nearest collector or arterial street shall be maintained by the applicant so as to prevent dust emission beyond the boundaries of the site. Compliance with all federal, State and County air pollution standards and requirements shall constitute compliance with this section. *16

(e)    That portion of the site actually being used for operations at any particular period shall be enclosed by a wall or fence at least six feet in height and constructed so as to prevent uninvited access to the operations of the site.

(3)    The property owner shall be responsible for preparing the site for re-use upon expiration of the special permit. All structures for mixing plants, processing and other activities, and all stockpiles shall be removed from the site within one year from the date of expiration or abandonment. The excavated areas shall be prepared for re-use in accordance with the approved site plan. The site plan submitted together with the application for special permit may reflect alternative re-use possibilities. However, in such event, the Planning Commission and City Council shall have the right to review the site plan twelve months prior to the expiration of the special permit at which time the applicant will submit a revised site plan reflecting the actual re-use and ultimate disposition of the site upon expiration or abandonment. Intermittent operations shall be permitted and shall not be deemed an abandonment of the permit.

(4)    A performance agreement, in a form and amount to be approved by the City Engineer, shall be filed with the City Engineer, prior to adoption of an ordinance for final approval of the special permit, which agreement shall cover the cost of restoring the premises in the manner shown on the site plan. The performance agreement and amount shall be determined in accordance with the phasing of the uses as reflected on the approved site plan and the applicant shall be required to submit said agreement and any bonds in connection therewith only for those portions of the operation actually commenced or physically undertaken. The amount may be reduced from time to time by the City Engineer when, in his opinion, the lower amount will be sufficient to cover the cost of restoring the premises.

(5)    Nothing herein shall be construed to modify, restrict, or regulate sand and gravel extraction, processing and storage thereof or asphaltic and concrete mixing plants as permitted in other sections of the Phoenix Zoning Ordinance in the various zoning districts.

j.    Mortuaries, provided that the use abuts an arterial street or freeway as shown on the street classification map. *16 *25 *29 *33

k.    Private clubs, lodges and community organizations qualifying by law as a nonprofit entity which may conduct activities open to the public and may have their facilities available to the public for functions not involving members, with access from an arterial or collector street as designated on the street classification map. *16 *25 *29 *33

l.    Outdoor barbecue and cookout areas, which may include outdoor food preparation and dining, service of alcoholic beverages, and outdoor entertainment, subject to the following conditions: +9 *25 *29 *33

(1)    Accessory uses may include the following and similar uses: horse rides, burro rides, hayrides, and stagecoach rides, patron dancing and performing arts; and outdoor shows and exhibits. +9

(2)    Minimum site size shall be forty acres. +9

(3)    Any part of the total special permit area not required for buildings, structures, loading and vehicular accessways, streets, parking and utility areas, pedestrian walks and hard-surfaced activity areas shall be native desert or landscaped with native or arid plant materials, trees, shrubs and may include other organic materials such as water and aggregate. All landscape areas and materials shall be maintained in a healthy, neat, clean condition. +9

(4)    Parking areas and driveways shall be dustproofed in a manner acceptable to the City Zoning Administrator. +9

(5)    Outdoor lights and parking areas shall be hooded and arranged to reflect light away from adjacent streets or property. +9

(6)    All outdoor uses shall be set back a minimum of three hundred feet from the closest off-site property developed with residential units or vacant parcels zoned for residential use. A setback of fifty feet from properties used for governmental, park, or quasi-governmental uses or purposes shall be applied. +9

(7)    Noise levels at the perimeter of the special permit area shall not exceed fifty-five dB(A). No music shall be played after 12:00 a.m. +9

(8)    There shall be no permanent structures other than restrooms, sound enclosures, concrete pads at eating areas and ramadas provided that the lot coverage in the special permit area does not exceed ten percent. +9

(9)    The site shall have access only to a major arterial, arterial, collector or minor collector street, as indicated on the street classification map of the City of Phoenix. +9

m.    An Historic Preservation-Landmark (HP-L) open to the public. The application for the special permit shall include the following: +30 *33

(1)    Regular hours of visitation. +30

(2)    A parking study specifying the required number of parking spaces. Off-site parking within a quarter of a mile specifically identified with the special permit application or with shuttle service may be used to meet the number of required parking spaces. +30

(3)    A site plan including any accessory buildings, building additions or other infrastructure improvements used to accommodate visitors to the site. +30

(4)    Types of outdoor activities or events with frequency and hours. Mobile vending shall not be permitted. +30

(5)    Accessory uses such as but not limited to a gift shop or on site sales of food and beverages. +30

(6)    A signage plan, including any proposed lighting. +30

2.    A special permit may be granted by the Council upon recommendation of the Commission to establish the following uses in the use districts named:

a.    Airport or aircraft landing strip for public or private use when located in any industrial or S-1 or S-2 district.

b.    Drive-in theater in the R-5, S-1, S-2, PSC, C-1 and C-2 districts when located upon a site of not less than ten acres which adjoins an arterial street or highway, as shown on the street classification map. *16

c.    Helistop or heliport for public or private use when located in any commercial, industrial, or any high-rise, residential district. These regulations are designed to find appropriate locations for helistops or heliports which are consistent with safety, noise, and the directions of approach and departure paths resulting in minimum adverse impact to residential uses. Special permits for helistops and heliports granted prior to April 1, 1982, shall continue in effect for the period of time specified in the ordinances granting the special permits, and may be renewed as provided in Section 647.A.2.c.4 upon a finding by the Zoning Administrator or Board of Adjustment that the helistop or heliport operator has complied with all the terms and conditions of the ordinance granting the special permit. Helistops and heliports are subject to the special procedure requirements of Section 504.1.B.2.a. The applicant for the special permits will be required to comply with additional stipulations or any study related to the following standards: *28

(1)    Frequency of use. The hours of operation and number of takeoffs and landings may be stipulated to make operation compatible with surrounding land use activities, exclusive of emergencies. *28

(2)    Fire protection. All helistops or heliports shall comply with provisions acceptable to the Phoenix Fire Department.

(3)    Site plan requirements. Development review will be based on analysis of general conformance with FAA advisory circular AC 150/5390-1B, "Heliport Design Guideline," issued August 22, 1977.

(4)    Maximum length of a special permit issued for a helistop or heliport is ten years.

(5)    Noise impact. A helicopter sitting on the touchdown pad of a helistop or heliport shall emit a maximum noise level of no greater than ninety dB(A) at the boundaries of the lot or parcel containing the nearest residential use, excluding high-rise residential developments which have special permits for helistops and hotels and motels. Noise will be measured with an IEC (International Electrotechnical Commission) or ANSI S1.4.-1971 (American National Standards Institute) Type I sound level meter with A-weighted impulse response.

d.    Historical society, historical museum and research library, not for profit, in the R-3, R-4 and R-5 districts, except that incidental sale of printed material may be permitted.

e.    Automobile retail sales, rental for more than 15 cars, and leasing, and household moving centers in C-2. The following special provisions shall be complied with: *29

(1)    Body repair and painting done on the lot shall be confined to a closed building.

(2)    The area used for parking, display, storage or circulation shall be dust-free.

(3)    Lots shall be properly enclosed with a wall, fence, hedge, plantings, or combinations thereof having a minimum height of ten inches above the grade at which the cars are to be displayed unless a hedge, planting or combinations thereof are approved in lieu of the ten-inch wall and/or the lot is depressed below the elevation of adjacent lots in which case appropriate landscaping may be approved.

(4)    Any artificial light used for such lot or area shall be so arranged as to reflect light away from the adjoining premises, lot and/or streets and shall be so located as not to be a nuisance to adjacent property and streets.

f.    Travel trailer, camper, and/or mobile home sales in C-2 to include but not be limited to the following:

Same as 647.A.2.e(1), (2), (3), and (4) above.

g.    Recreational vehicle parks when located in a C-1, C-2 or C-3 district subject to the following regulations: *29

(1)    General requirements. The following general requirements shall be complied with to assure that special needs of recreational vehicles will be met, and that recreational vehicle parks will be harmonious additions to the community.

(a)    The density of spaces in any recreational vehicle park shall not exceed twenty spaces per gross acre.

(b)    Sites with irregular terrain such as washes, ridges and outcropping of rock, or having a natural grade over six percent shall not be developed for recreational vehicle use.

(c)    Recreational vehicle parks shall abut, and access shall be from a freeway or major street as designated on the street classification map. *16

(d)    Water, sewers, electricity, telephones and other necessary utilities shall be available at the site, or an appropriate performance agreement, in an approved form and a cost amount to be approved by the City Engineer, shall be filed with the City Engineer prior to final development review approval to guarantee the installation of such utilities.

(e)    All structures, improvements and recreational vehicle spaces are to be built with the least possible disturbance of the land. Desirable natural features and vegetation of the site shall be preserved and incorporated into the site plan.

(f)    Private accessways shall be designed to reduce monotony, increase privacy, and provide safety.

(2)    Development standards. In addition to the general provisions, the following development standards shall be complied with to assure that layout, design and landscaping features of recreational vehicle parks produce an attractive environment.

(a)    There shall be fourteen feet of open space between recreational vehicles.

(b)    There shall be at least forty feet between recreational vehicles on opposite sides of a private accessway.

(c)    No recreational vehicle shall be closer than eight feet to any private accessway.

(d)    No structure shall exceed two stories or thirty feet in height.

(e)    All areas not covered by structures or paved shall be landscaped and maintained in accordance with the site plans required under Section 504.1 of this ordinance.

(f)    Screening the perimeter of a recreational vehicle park by a wall or other approved material may be required. All sides of a recreational vehicle park which are adjacent to a residential zone district shall have an approved landscaped area at least ten feet in width between such property line and any required wall.

(g)    Private accessways and individual space arrangements shall be designed to accommodate the frequent movement of recreational vehicles.

(h)    Private accessways and parking spaces shall be paved in accordance with City of Phoenix standards and specifications.

(i)    There shall be a recreational area for guests, comprising four percent of the gross site area, which area shall not include required setback areas or similar areas not usable for recreation activities.

(j)    There shall be a community building or buildings which shall provide for the recreational and service needs of occupants of the recreational vehicle park. It shall include restrooms and a laundry with a screened clothes drying yard. The community building or buildings may be included as part of the required recreational area.

(k)    Refuse collection shall be approved by the City Sanitation Director.

(l)    Street lighting shall be provided to illuminate interior roadways and walkways for the safe movement of vehicles and pedestrians at night.

(m)    All utilities and the wires of any central television or radio antenna system shall be underground.

(n)    Fire protection facilities shall be provided in accordance with requirements of the Fire Department and Water Department.

(o)    A means for emptying sewage holding tanks must be provided and approved by the Maricopa County Health Department.

(p)    Recreational vehicle parks shall be subject to the requirements of the Sanitary Code of the Maricopa County Health Department unless such requirements are less restrictive than the requirements of any other applicable ordinance of the City, in which event the requirements of those ordinances shall prevail.

(q)    Expansion or modification of existing recreational vehicle parks shall be in accordance with the provisions of this ordinance. The Board of Adjustment shall not have authority to vary these provisions.

h.    Hospital in the R-5 District. The following shall be permitted as an accessory use to a hospital: *24 *28 *29

(1)    Recreational vehicle for persons visiting hospital patients. Recreational vehicle parking stalls shall be located no less than 60 feet from the hospital perimeter boundary, and be delineated on a site plan. Recreational vehicle parking areas are subject to an approved parking plan for new facilities, or an amended parking plan for existing facilities. +28

(2)    Helistop subject to the following regulations and conditions: +28

(a)    The hospital shall be licensed by the State of Arizona either as a "general hospital" or as a "specialty hospital—children’s," and for a minimum of 50 beds. +28

(b)    A letter from the Phoenix Aviation Department that articulates concurrence that the following items have been addressed: +28

i.    Compliance with the Federal Aviation Administration Advisory Circular No. 150/5390-2C "Helistop and Heliport Design," or subsequent revisions to this advisory circular. +28

ii.    Submission of the "Notice of Landing Area Proposal" Federal Aviation Form 7480-1 and a letter of determination with no objection from the FAA. +28

(c)    A helicopter sitting on the touchdown pad of a helistop or heliport shall emit a maximum noise level of no greater than 90 dB(A) at the boundaries of the lot or parcel containing the nearest residential use. Noise will be measured with an IEC (International Electrotechnical Commission) or ANSI S1.4-1971 (American National Standards Institute) Type 1 sound level meter with A-weighted impulse response. +28

i.    Self-service storage warehouse in the C-2 District subject to the following regulations: *26 *29

(1)    All storage shall be within a closed building except that within the grounds of a self-service storage warehouse where trailers and motor vehicles may be placed in outdoor storage areas which are separate from view from adjacent streets and property by walls, fences or landscaping. Outdoor storage areas shall not exceed ten percent of the gross site area and shall not count toward meeting parking requirements. *31

(2)    No auctions, sales, service or repair activities or anything other than dead storage and the rental and supervision of storage units and such additional uses permitted in the C-2 district that are specified through special permit approval shall be conducted on the premises. *31

(3)    There shall be no storage [or] use of hazardous or dangerous materials on the premises. *31

(4)    The premises shall abut or have direct access to a freeway or arterial street, as designated on the street classification map. *16 *31

(5)    Screening the perimeter of the premises of a self-service storage warehouse may be required. All parts of the perimeter which are adjacent to a residential zone shall be screened by a fence or wall with a landscaped area at least ten feet wide, additional setback and the reorientation of buildings may be required to ensure compatibility with surrounding properties. *31

(6)    A self-storage warehouse may be combined with a household moving center. *31

j.    Private clubs, lodges and community organizations qualifying by law as a nonprofit entity which may conduct activities open to the public and may have their facilities available to the public for functions not involving members, with access from an arterial or collector street as designated on the street classification map in any residential district. *29

k.    Mobile home developments. *27 *29

(1)    Purpose. The purpose of this mobile home park development section is to allow an alternative living style and dwelling type to conventional single-family and multifamily housing. Mobile homes can provide a major source of acceptable housing for moderate income persons with minimal maintenance. The standards contained in this section are intended to afford adequate air and space between units, screening, open and pedestrian spaces, and storage areas and other customary accessory facilities. In addition, the district regulations and development review are designed to protect and enhance the mobile home site and its environs. *27

(2)    Permitted uses. Mobile home development only when located in an R-2 and R-3 district, and subject to the following conditions: *27

(a)    The site shall be at least ten acres unless it is an expansion of an existing development.

(b)    Open space for each mobile home shall be provided as follows: *27

i.    There shall be twenty feet of open space between mobile homes. The width of any common walk between mobile homes shall not be counted as part of this required open space. All annexes or structural additions shall be considered part of the mobile home. This space may be reduced to ten feet between awnings or canopies. *27

ii.    There shall be at least forty feet between mobile homes on opposite sides of a private accessway. *27

iii.    No mobile home shall be closer than eight feet to any private accessway or private drive. *27

(c)    Each mobile home space shall have private outdoor living space of at least three hundred square feet. The least dimension of this space shall be at least fifteen feet. *27

(d)    For each occupied mobile home space, there shall be a storage locker for yard tools and other bulky items convenient to the space. It shall be at least six feet high with a storage capacity of at least one hundred fifty cubic feet. *27

(e)    All areas not covered by structures or paved surfaces shall be landscaped and maintained in accordance with the site plans required under Section 507.

(f)    Screening the perimeter of a mobile home development by a wall or other approved material may be required. *27

(g)    There shall be a network of pedestrian walks connecting mobile home spaces with each other and with development facilities. *27

(h)    There shall be a laundry with a screened clothes drying yard.

(i)    There shall be a screened storage yard or yards for boats, recreational vehicles, etc. Such storage yards shall have a minimum of sixty square feet of storage space for each mobile home space in the development and shall be located so as to not detract from surrounding properties. All boats and recreational vehicles shall be parked in the storage yard. *27

(j)    Each mobile home shall have "skirting" around its perimeter to screen its wheels and undercarriage, or the mobile home shall be placed in an excavation specifically designed to hide the wheels and undercarriage from view. *27

(k)    All utilities and the wires of any central television or radio antenna system shall be underground.

(l)    Not more than fifteen percent of the spaces in any one mobile home development shall be developed or used for recreational vehicles. *27

(m)    Development shall be under the planned residential development option of the underlying zoning district.

(n)    Private drives may be used for access to each mobile home only when there is no subdivision of the mobile home development into individual lots. *27

(o)    There shall be a minimum of five percent of the total area of the mobile home development dedicated or reserved as usable common "open space" land. Common "open space" lands shall be clearly designated on the plan as to the character of use and development but shall not include: *27

i.    Areas reserved for the exclusive use or benefit of an individual tenant or owner; nor

ii.    Dedicated streets, alleys, and other public rights-of-way; nor

iii.    Vehicular drives, parking, loading, and storage areas; nor

iv.    Required setback areas at exterior boundaries of the site; nor

v.    Golf courses.

Adequate guarantees must be provided to ensure permanent retention of "open space" land area resulting from the application of these regulations, either by private reservation for the use of the residents within the development or by dedication to the public, or a combination thereof.

(p)    Manufactured homes are permitted in mobile home developments which were existing prior to May 7, 2010 and shall not be subject to the design review standards outlined in the Guidelines for Design Review Section of the Zoning Ordinance. +27

l.    Bus line depots with repair and light maintenance, including washing facilities when in the C-2, C-3 and Downtown Core districts. *13 *26

m.    Mechanical and/or biological decomposition of garbage and refuse in the industrial district. *26

n.    Hide and tallow, rawhide and skins treatment, tallow rendering, dead stock collectors, fat rendering, stockyards and livestock slaughtering in the industrial district. *26

o.    Recycling center in the C-3 district, subject to the following limitations: *26

(1)    Processing may include only sorting and baling of recyclable consumer materials and shall not include shredding of automobile metal or other uses of similar intensity.

(2)    All loose materials shall be stored within an enclosed container or building.

(3)    The use shall be operated so as not to emit matter causing unpleasant odors that are perceptible by the average person at or beyond any lot line of the lot containing the use.

(4)    If the permitted use is for a location where processing as defined will be in an open environment and not in an enclosed container.

(a)    The use shall be located no closer than seventy-five feet to a public street.

(b)    The use shall be located no closer than one hundred fifty feet to a residential zoning district.

(c)    The use shall be screened by a six-foot-high solid masonry wall.

(d)    Any storage shall be no higher than six feet plus one foot in height for every additional three feet of setback from a property line.

(5)    No bay door shall face a residential zoning district if the use is located within one hundred fifty feet of such a district.

(6)    The average noise level, measured at the property line, shall not exceed fifty-five dB (ldn) or ambient noise level in the immediate area whichever is greater when measured on an "A weighted" sound level meter.

(7)    Other restrictions regarding hours of operation and outdoor activities as the hearing body shall deem appropriate. +1

p.    Nursing home in the R-3, R-3A and R-4 districts. The site shall be subject to the following: *26 *32

(1)    A maximum lot coverage of 25 percent. *32

(2)    A minimum of 100 square feet of usable outdoor open space per bed shall be provided. *32

(3)    The lot shall only have vehicular access from an arterial or collector street. *16

q.    Hospice in the R-3, R-3A, and R-4 districts. +32

r.    Open land uses in the S-1 district not otherwise specifically permitted and subject to the following regulations: +2 *26 *32

This provision is intended to allow on a temporary basis open land uses established while under County jurisdiction that are consistent with or similar to rural farm activities yet demonstrate a longterm incompatibility with future urban land uses and zoning for the area. Approval of a special permit shall be subject to the following limitations. +2

(1)    The use(s) shall continue in a manner that is compatible to adjoining land uses or shall be made compatible through site improvements such as dustproofing or screening. +2

(2)    The extent of site improvements should not encourage the prolongation of the use(s) and should allow reuse of the site upon expiration of the special permit in a manner consistent with uses permitted in the S-1 district. +2

(3)    The use(s) shall have commenced not less than six months prior to annexation and have been in continuous operation up to the time of annexation. +2

(4)    The application for a special permit shall include only the use(s) established prior to annexation together with any use(s) permitted within the S-1 district. +2

(5)    A time limit shall be established upon approval of the special permit. In no event shall the time limit of the special permit together with any subsequent time extension as provided in Section 504.1.C.6.a exceed a period of ten years from the date of annexation. Neither the Zoning Administrator nor Board of Adjustment shall have jurisdiction to vary the terms of this provision. +2

(6)    An application for a special permit may include a request to expand by not more than twenty percent of the lot area occupied by the open land use at the time of annexation if demonstrated that the expansion will not adversely impact adjoining land uses. This provision shall not be construed to permit expansion beyond the confines of the lot or parcel of land upon which the open use was located at the time of annexation. +2

(7)    Upon expiration of the time limit established by the special permit the open land use shall cease operation and be removed. The Planning Commission shall initiate an application to withdraw the special permit in accordance with the amendment procedures set forth in Section 506 of this ordinance. +2

s.    Conversion of apartment units to hotel or motel units in the R-5 and C-1 districts. The hotel or motel may include restaurants with recorded music or one musician, cocktail lounges with recorded music or one musician, newsstand, gift shop and other services customarily accessory thereto. The entrance to said accessory uses shall be from within the exterior walls of the building only; no sign or display for the accessory uses shall be located so as to be visible from a public thoroughfare or adjacent property. +4 *6 *25 *26 *32

t.    Conversion of apartment units to hotel or motel units in the C-2, RSC and C-3 districts. +4 *6 *25 *26 *32

u.    Day labor hiring and transportation centers in the C-3 district. +4 *25 *26 *32

v.    Blood banks and blood plasma centers as a primary use of a property in the C-2, C-3, PSC, RSC, A-1 and A-2 (with a minimum spacing of nine hundred feet between the lot or parcel on which the use is located and any residentially zoned property; preschool, kindergarten, elementary or secondary school; or place of worship) districts. +4 *14 *25 *26 *32

w.    Massage establishments as a primary use in the C-2, C-3, and RSC districts. +4 *25 *26 *32

x.    Religious missions, including charity dining halls, in the C-3 district. +4 *25 *26 *32

y.    Salvation Army welfare activities in the C-2, C-3, and RSC districts. +4 *25 *26 *32

z.    Bed and breakfast establishment in the single-family residential zoning districts (S-1, S-2 and RE-43 through R-2). This section is intended to permit use of existing structures in residential areas as bed and breakfast establishments to help preserve structures and the character of an area and to permit new construction to help preserve the character of an area which, because of its location on arterial streets or other environmental factors, is susceptible to pressures for nonresidential uses. A bed and breakfast establishment shall be permitted only if the following conditions are satisfied: +8 *16 *25 *26 *29 *32

(1)    The bed and breakfast establishment shall under no circumstances exceed three guestrooms on a local street, four guestrooms on a collector or minor collector street, or five rooms on an arterial or major arterial street. Neither the Zoning Administrator nor the Board of Adjustment shall have authority to vary this provision.

(2)    The bed and breakfast establishment shall be owner-occupied as a principal residence.

(3)    Separate cooking facilities for guestrooms shall be prohibited.

(4)    The bed and breakfast establishment shall be subject to development review approval under Section 507. All development on the site shall comply with the district regulations of the zoning district and shall maintain the character of the neighborhood, historic preservation district and/or special planning district in which it is located as approved by the Planning and Development Department through the development review process. Under no circumstances shall the bed and breakfast establishment exceed the height of the primary structures on adjacent residentially developed lots.

(5)    Guest stays shall be a minimum of one night and shall not exceed thirty-one consecutive nights in any ninety-day period. The owner of the bed and breakfast establishment shall maintain a reservation book or registration log. The book or log shall show the arrival and departure dates of all guests and shall be open for inspection by a zoning enforcement officer.

(6)    One off-street parking space for each guestroom shall be provided in addition to the required parking for the principal residence. The parking shall be screened from view of adjacent rights-of-way and properties by a landscape hedge or a solid fence or wall in a manner that is compatible with adjacent residences.

(7)    No signage shall be permitted.

(8)    The bed and breakfast establishment shall comply with applicable health and safety standards.

(9)    The only full meal served to registered guests shall be breakfast. Meal service shall be to registered guests only.

(10)    Guests shall not park commercial vehicles or recreational vehicles at the bed and breakfast establishment. This standard shall not apply to rental passenger cars or to pickup trucks or sport utility vehicles typically used for single-family transport.

(11)    Bed and breakfast establishments shall comply with Section 18-4.B of the Phoenix City Code prohibiting discrimination in public accommodations.

(12)    At the end of the initial year of approval, the Planning Hearing Officer shall review the use for compliance with these standards and any stipulations and whether the special permit should continue. The Planning Hearing Officer shall also set the time for another review within the following five years.

(13)    When located in an existing structure, the bed and breakfast establishment shall maintain the character of that structure. All applications for a bed and breakfast special permit in an existing structure shall include a floor plan of the structure to demonstrate that it will not be altered in a manner which would prevent its future conversion back to its original use.

aa.    Bed and breakfast establishment in the multiple-family zoning districts (R-3 through R-4A). This section is intended to permit use of existing structures in residential areas as bed and breakfast establishments to help preserve structures and the character of an area and to permit new construction to help preserve the character of an area which, because of its location on arterial streets or other environmental factors, is susceptible to pressures for nonresidential uses. A bed and breakfast establishment shall be permitted only if the following conditions are satisfied: +8 *16 *25 *26 *29 *32

(1)    The bed and breakfast establishment shall under no circumstances exceed seven guestrooms and shall provide sleeping accommodations for no more than fourteen guests. The bed and breakfast establishment shall not exceed the density allowed on-site by the zoning district’s regulations. Neither the Zoning Administrator nor the Board of Adjustment shall have authority to vary this provision.

(2)    The bed and breakfast establishment shall be owner-occupied as a principal residence.

(3)    Separate cooking facilities for guestrooms shall not be permitted.

(4)    The bed and breakfast establishment shall be subject to development review approval under Section 507. All development on the site shall comply with the district regulations of the zoning district and shall maintain the character of the neighborhood, historic preservation district and/or special planning district in which it is located as approved by the Planning and Development Department through the development review process. Under no circumstances shall the bed and breakfast establishment exceed the height of the primary structures on adjacent residentially developed lots.

(5)    Guest stays shall be a minimum of one night and shall not exceed thirty-one consecutive nights in any ninety-day period. The owner of the bed and breakfast establishment shall maintain a reservation book or registration log. The book or log shall show the arrival and departure dates of all guests and shall be open for inspection by a zoning enforcement officer.

(6)    One off-street parking space for each guestroom shall be provided in addition to the required parking for the principal residence. The parking shall be screened from view of adjacent rights-of-way and properties by a landscape hedge or a solid fence or wall in a manner that is compatible with adjacent residences.

(7)    No signage shall be permitted.

(8)    The bed and breakfast establishment shall comply with applicable health and safety standards.

(9)    The only full meal served to registered guests shall be breakfast. Meal service shall be to registered guests only.

(10)    Guests shall not park commercial vehicles or recreational vehicles at the bed and breakfast establishment. This standard shall not apply to rental passenger cars or to pickup trucks or sport utility vehicles typically used for single-family transport.

(11)    Bed and breakfast establishments shall comply with Section 18-4.B of the Phoenix City Code prohibiting discrimination in public accommodations.

(12)    At the end of the initial year of approval, the Planning Hearing Officer shall review the use for compliance with these standards and any stipulations and whether the special permit should continue. The Planning Hearing Officer shall also set the time for another review within the following five years.

(13)    When located in an existing structure, the bed and breakfast establishment shall maintain the character of that structure. All applications for a bed and breakfast special permit in an existing structure shall include a floor plan of the structure to demonstrate that it will not be altered in a manner which would prevent its future conversion back to its original use.

bb.    Minimum security private detention facility which houses individuals whose most serious conviction is of a driving while intoxicated offense and which has contracted with the Arizona Department of Corrections, Maricopa County, or the City of Phoenix, in the A-1 and A-2 districts. +11 *25 *26 *29 *32

cc.    Correctional transitional housing facility in the Commerce Park/General Commerce Park, C-3 General Commercial, A-1 Light Industrial, and A-2 Industrial districts. Approval of a special permit shall be subject to the following limitations: +18 *19 *25 *26 *29 *32

a.    No such facility shall be located on a lot with a property line within five thousand two hundred eighty feet, measured in a straight line in any direction, of the lot line of another such correctional transitional housing facility. +18 *19

b.    Such facility shall not contain more than fifty beds, not including staff. +18 *19

c.    No such facility shall be located on a lot with a property line within five hundred feet, measured in a straight line in any direction, of the lot line of a residential zoning district, place of worship, or preschool, kindergarten, elementary or secondary school. +18 *19

d.    When adjacent zoning is C-3, A-1, or A-2, required setbacks shall apply. The setbacks shall meet the minimum residential landscape and setback standards in a commercial district. +18

e.    Such home shall be registered with, and administratively approved by, the Zoning Administrator as to compliance with the standards of this section as provided in Section 701. +18

Notwithstanding the foregoing, a correctional transitional housing facility shall not house any person whose tenancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others. No individual may reside in the facility who has been convicted of committing a violent crime against another person. +18 *19

dd.    Automobile, body fender, and paint shops located in Commerce Park/General Commerce Park (CP/GCP) District, subject to the following conditions: *25 *26 *29 *32

(1)    The site plan required for the special permit use shall identify specific areas for the orderly arrangement of all operations, products, materials, equipment, and storage on the site.

(2)    In addition to required setbacks, all operations and storage shall maintain a ten-foot landscape setback along all interior lot lines not on a street, unless adjacent to another use permitted by this section.

(3)    Open uses and storage areas shall be screened by a minimum six-foot high solid masonry wall. Additional wall height may be required as a condition of approval of the special permit. View fencing may be considered instead of a solid masonry wall adjacent to plant nursery materials that provide equivalent screening.

(4)    Any material and/or product display bins shall be no higher than the height of the screen wall.

(5)    A perimeter landscaping plan shall be approved by the Planning and Development Department.

ee.    Uses prohibited by TOD-1 and TOD-2 when located in a TOD District after January 1, 2014. +22 *25 *26 *29 *32

Review of the special permit should include an evaluation of market conditions for the Transit-Oriented Development uses as defined in TOD-1 and TOD-2 Districts. +22

ff.    Uses prohibited by TOD-1 and TOD-2 to be located on adjacent property not owned or leased prior to January 1, 2014. +22 *25 *26 *29 *32

Review of the special permit should include both an evaluation of market conditions for Transit-Oriented Development uses as defined in TOD-1 and TOD-2 districts and the importance of the site to the applicant’s business operation and proposed level of investment. As part of an approval, the Planning Commission/City Council may consider a limited time frame recognizing current market conditions and their potential for change and proposed level of development. +22

gg.    Solid waste transfer station in the A-1 and A-2 Districts. *25 *26 *29 *32

hh.    Automobile body shops in the C-2 Zoning District; this provision only applies to dealerships which sell new or new and used vehicles, subject to compliance with the following conditions: +24 *25 *26 *29 *32

(1)    The use shall have access limited directly to a major arterial, arterial or collector street; +24

(2)    Buildings shall not be located any closer than 200 feet to an existing or zoned single-family residential use; +24

(3)    A site plan shall be required which identifies the specific areas designated for all proposed operations, products, materials, equipment, and storage on the site; +24

(4)    Service bays and parking areas for automobiles needing repair or painting shall be located so that they are not visible from adjacent street frontages; +24

(5)    Maintain a minimum twenty-five foot (25') landscaped setback along property lines parallel to all perimeter streets. Plant materials located in setback parallel to perimeter streets shall be of the type and scale listed in Section 623.E.4.e. under "plant type." No landscaping shall be required on the areas interior of perimeter fencing not visible from the perimeter streets; +24

(6)    All operations and storage shall maintain a minimum five-foot (5') landscaped setback along interior lot lines; +24

(7)    Open uses and storage areas shall be screened by an eight-foot (8') high solid masonry wall unless otherwise approved at time of rezoning. Additional wall height may be required as a condition of the special permit approval; +24

(8)    No material and/or product display bins located outside of buildings shall be higher than the height of the screen wall; +24

(9)    The provisions contained in Section 623.E.4.f. regarding setbacks shall not apply to this use; +24

(10)    All lighting shall be located and shielded to mitigate light spillage at the property lines; +24

(11)    No sound amplification system shall be utilized on site and noise shall not exceed 55 db average in 24 hours at any property line; +24

(12)    No vehicle sales shall be conducted from the site; +24

(13)    No vehicle deliveries are permitted on any day between the hours of 8:00 p.m. and 7:00 a.m. +24

ii.    Automobile inventory storage lots, in the C-2 Zoning District; this provision only applies to dealerships which sell new or new and used vehicles, subject to compliance with the following conditions: +24 *25 *26 *29 *32

(1)    The storage lot shall have access only from a major arterial, arterial or collector street; +24

(2)    Buildings on the storage lot shall not be located any closer than 100 feet to an existing or zoned single-family residential use; +24

(3)    The site plan shall identify the number, size and arrangement of all inventory parking spaces on the site; +24

(4)    No on-site customer sales or viewing activities are permitted; +24

(5)    All inventory storage shall be screened on all sides by an eight foot (8') high solid masonry wall unless otherwise approved at time of rezoning. Decorative masonry walls are required when adjacent to residential uses. Gates screening access to the site shall be solid and remain closed when deliveries are not being made. Additional wall height may be permitted at the time of site plan approval; +24

(6)    Maintain a minimum twenty-five foot (25') landscaped setback along property lines parallel to all perimeter streets. Plant materials located in setback parallel to perimeter streets shall be of the type and scale listed in Section 623.E.4.e. under "plant type"; +24

(7)    All lighting shall be located and shielded to mitigate light spillage at the property lines; +24

(8)    No sound amplification system shall be utilized on site; +24

(9)    Parking on-site of automobile delivery trucks shall not be for a period exceeding 24 hours; +24

(10)    No vehicle deliveries are permitted on any day between the hours of 8:00 p.m. and 7:00 a.m.; +24

(11)    Any accessory uses to the inventory lot and their location must be approved at the time of the special permit approval; +24

(12)    Off loading of vehicles shall only occur on site; +24

(13)    Signage shall be limited to directional and security signs only. +24

jj.    Golf and baseball driving ranges in C-1 and C-2. +29 *32

kk.    Temporary environmental remediation facilities in any residential districts where not otherwise permitted and in all districts where permitted and the standards of that district be exceeded as part of the remediation process. +29 *32

Date of Addition/Revision/Deletion - Section 647

+1 Addition on 11-28-1990 by Ordinance No. G-3378

+2 Addition on 7-3-1991 by Ordinance No. G-3450

*3 Revision on 10-30-1991 by Ordinance No. G-3465

+3 Addition on 10-30-1991 by Ordinance No. G-3465

+4 Addition on 12-18-1991 by Ordinance No. G-3483

-5 Deletion on 2-19-1992 by Ordinance No. G-3498

*6 Revision on 8-26-1992 by Ordinance No. G-3562

+7 Addition on 7-7-1993 by Ordinance No. G-3681 which corrects Ordinance No. G-3665 adopted on 6-30-1993

+8 Addition on 6-8-1994 by Ordinance No. G-3766

+9 Addition on 9-28-1994 by Ordinance No. G-3801

*10 Revision on 2-1-1995 by Ordinance No. G-3833

+11 Addition on 4-5-1995 by Ordinance No. G-3847 effective until June 22, 1995

*12 Revision on 4-19-1995 by Ordinance No. G-3850

*13 Revision on 3-20-1996 by Ordinance No. G-3916

*14 Revision on 9-18-1996 by Ordinance No. G-3956

*15 Revision on 7-2-1997 by Ordinance No. G-4039

*16 Revision on 7-1-1998 by Ordinance No. G-4109

*17 Revision on 1-20-1999 by Ordinance No. G-4154

+18 Addition on 4-12-2000 by Ordinance No. G-4257

*19 Revision on 4-26-2000 by Ordinance No. G-4264

+20 Addition on 7-5-2000 by Ordinance No. G-4287

+21 Addition on 2-19-2003 by Ordinance No. G-4498, eff. 2-19-2003

+22 Revision on 5-5-2004 by Ordinance No. G-4602, eff. 6-4-2004

+23 Addition on 5-18-2005 by Ordinance No. G-4686, eff. 5-18-2005

+24 Addition on 9-14-2005 by Ordinance No. G-4739, eff. 10-14-2005

*24 Revision on 7-2-2007 by Ordinance No. G-4937, eff. 7-2-2007

*25 Deletion on 3-4-2009 by Ordinance No. G-5329, eff. 4-3-2009

*26 Revision on 6-3-2009 by Ordinance No. G-5380, eff. 7-3-2009

+27 Addition on 4-7-2010 by Ordinance No. G-5499, eff. 5-7-2010

+28 Addition on 10-31-2012 by Ordinance No. G-5742, eff. 11-30-2012

*28 Revision on 10-31-2012 by Ordinance No. G-5742, eff. 11-30-2012

+29 Addition on 11-7-2012 by Ordinance No. G-5743, eff. 12-7-2012

*29 Revision on 11-7-2012 by Ordinance No. G-5743, eff. 12-7-2012

+30 Addition on 11-6-2013 by Ordinance No. G-5860, eff. 12-6-2013

*31 Revision on 3-1-2017 by Ordinance No. G-6289, eff. 4-1-2017

+32 Addition on 6-21-2017 by Ordinance No. G-6331, eff. 7-21-2017

*32 Revision on 6-21-2017 by Ordinance No. G-6331, eff. 7-21-2017

+33 Addition on 4-18-2018 by Ordinance No. G-6451, eff. 5-18-2018

*33 Revision on 4-18-2018 by Ordinance No. G-6451, eff. 5-18-2018