(A) Purpose and intent.
(1) Single Family Residential District (R-1). To promote the development of areas primarily devoted to single family dwelling units, intending that all other uses be installed, operated and maintained in a manner so as to be accessory and to compliment, or at least be of a minimum disruption to such single family uses; also to preserve existing natural vegetation and open areas.
(2) Multiple Family Residential District (R-2, R-3). To promote the development of residential areas conducive to multi-family living, allowing a variety of dwelling types, including apartments, townhouses, condominiums, and other housing of a more concentrated nature than found in the single-family districts; additionally the R-3 District provides for transitional uses that act as a buffer to protect the character of adjoining residential areas from nearby commercial uses.
(B) Residential district stipulations and provisions.
(1) Primary dwelling units in all residential zoning districts shall meet the building regulations of the Town of Payson. All uses shall be installed, operated and maintained in a manner commensurate with quiet family living. Private, external lighting shall not create any visual intrusion onto neighboring private or public properties. Manufactured housing units may only be installed in zoning districts classified for Manufactured Home (MH) or Manufactured Home Park (MHP) uses.
(2) Reserved
(3) Livestock and poultry are permitted accessory uses if they do not create a nuisance, are in conformance to this Code, and are kept in accordance with the following:
(a) A minimum of 1.0 acres of land shall be required for maintenance of livestock or a rooster(s);
(b) A total of two livestock may be maintained on the first acre, and up to one additional livestock for each additional one-half acre;
(c) No poultry shall be permitted in any front yard, nor shall any horses or other livestock be maintained closer than 75 feet from any residential unit on another lot. Where an adjacent residential lot is not currently developed, the required setbacks on the adjacent property shall be used to determine the potential placement of animals, animal enclosures, corrals, etc., to ensure the 75 foot separation from horses, other livestock and roosters.
(d) A maximum of ten poultry hens kept only within an enclosure or fenced area shall be allowed on all residential lots, regardless of lot size.
(e) During non-daylight hours all poultry shall be confined to a henhouse.
(f) Poultry shall be kept, housed, or otherwise maintained a minimum of 25 feet from any minimum setback line on an adjacent property. Minimum separation requirements may be waived with written agreement from affected adjacent property owner(s).
(g) The keeping of poultry on any parcel not zoned R1 shall require a zoning permit; notification as outlined in § 154-08-008(2) shall be provided. Notice shall further include any and all other tenants/residents/users on the subject property. Approval may be subject to administrative hearing findings and/or conditions.
(h) The keeping of all animals shall be subject to the regulations and conditions of the Gila County Health Department and the Town of Payson Animal Control Division.
(i) The keeping of dangerous, wild, or non-domestic animals is prohibited.
(j) For the purposes of this division, the area comprising an adjoining roadway that has been dedicated to, and accepted by, the town pursuant to the 2003 Payson Dirt Road Improvement Project shall be included when determining the area of any land.
(4) Keeping of poultry, exotic birds or other animals shall be permitted in accordance with the "Table of Residential District Uses", in this Code, and Gila County Health Department standards, and shall be kept in such a manner as to not create a nuisance, nor disturb the character, as defined by this Code, of a residential area. Exotic animals shall be kept in such a manner to prevent any audible, physical, or other disturbance of neighbors.
(5) All permitted uses shall be conducted in entirely enclosed buildings; openings in buildings for the purpose of vending or providing services for the convenience of automotive vehicular traffic are prohibited.
(6) A minimum of 15% of the total gross land area of any multi-family development shall be set aside for recreational or other common uses, in addition to areas required for front and street side yards and landscaped areas in parking lots.
(7) Prior to development of any multi-family or non-residential project, a specific development plan shall be prepared in compliance with the requirements of § 154-02-007(B)(2)(b) (Planned Area Development District), and submitted to the town for review.
(8) Manufactured homes, as defined in § 154-11-002, shall be permitted only in residential districts which have been designated as MH overlay zones, or MHP districts if they meet the standards established by the United States Department of Housing and Urban Development, as adopted by Council and specified in this Code, unless they were existing uses legally permitted at the time of adoption of this Code.
(9) Trailers or recreational vehicles.
(a) Recreational vehicles and trailers may be parked on private property subject to the provisions below:
1. Recreational vehicles shall not be used as permanent dwellings;
2. Recreational vehicles shall not be connected to a sewer system other than in an approved manufactured home park; and
3. Recreational vehicles and/or trailers shall not be used for storage purposes or as an accessory building.
(b) Trailers and recreational vehicles shall not be parked on any town street or right-of-way except as provided in divisions (c) and (d) below.
(c) Property owners and lessees may park one non-commercial trailer, recreational vehicle, or commercial trailer not exceeding 40 feet in length, per parcel, in the unimproved portion of the right- of-way between their property and the roadway improvements subject to the following:
1. Parking is prohibited within 35 feet of an intersection.
2. Parking must be at least three feet behind any right-of-way improvements.
3. Parking must be at least five feet from a parcel owned by someone other than the property owner or lessee.
4. Parking is prohibited when it creates a traffic hazard.
5. Any trailer or recreational vehicle parked in the unimproved portion of the right- of-way may be removed by the town or other utility when necessary to install, improve, repair, or remove public utilities in the right-of-way. Except in cases of emergency, the town utility shall provide five working days notice requesting the owner to remove the trailer or recreational vehicle.
6. The Public Works Director may temporarily prohibit parking in specific portions of the unimproved right-of-way. The Public Works Director, upon confirmation of the Town Manager, may permanently prohibit parking in specific portions of the unimproved right-of-way.
7. A right-of-way permit must be obtained if a homeowner desires to make any modification, excavation or other improvement in the right-of-way.
(d) Recreational vehicles may be temporary parked in the improved portion of the right-of- way for temporary loading and unloading subject to the following:
1. Temporary parking shall not exceed 24 consecutive hours nor more than 48 hours in any calendar month.
2. Temporary parking is prohibited in a no parking zone or if it creates a traffic hazard including, but not limited to impairing vision in sight triangles at intersections or not allowing vehicles to safely pass on the street.
(10) A travel trailer, or manufactured home may be used on construction sites for temporary residence and/or storage of materials; provided that such use is only for the duration of the construction at the site, not to exceed one year, and there are active permits for the construction.
(11) One recreational vehicle may be allowed on a property that has a primary single family residential use established for up to one 14-day period for visitation purposes subject to the provisions below:
(a) No more than one recreational vehicle parking pass and/or zoning permit shall be allowed at any one time.
(b) The use of a temporary parking pass shall be limited to a maximum of 14 days per calendar year.
(c) Generator use is prohibited.
(d) Recreational vehicles used for visitation purposes shall not be allowed within the front setback, unless the vehicle is located completely upon a paved driveway.
(e) Utility connections shall be quick-connect/disconnect services only.
(f) All RV wastewater shall be completely self-contained. On-site elimination of wastewater from grey and/or black tanks is prohibited unless pumped by a licensed septic hauler. Connecting wastewater to private septic facilities or public sanitary facilities on residential lots is prohibited.
(C) Residential district uses.
(1) The uses for residential zoning districts are specified in the "Table of Residential District Uses," in § 154-12-001, and are permitted in the zoning district designated where a "P" (permitted) appears in the corresponding column; uses designated with a "C" (conditional use) shall be permitted only with the approval of a conditional use permit in accordance with procedures set forth in § 154-09-004; and where an "N" (not permitted) is designated, such use is prohibited.
(2) Yard sales shall be permitted as temporary and accessory to residential uses during daylight hours only, and shall not be held at a frequency of more than three consecutive days or for more than two consecutive weeks; and shall not be held more than eight times in one year. Yard sales may not include the sale of new or retail items, but be limited to the sale of personal items associated with residents in the dwelling unit(s) on the property on which the yard sale is located; and shall not create a nuisance. A use permit shall not be required for yard sales.
(3) Commercial vehicles larger than light duty trucks.
(a) Commercial vehicles larger than light duty trucks may be parked, stored or maintained in an enclosed structure. Such structure must be authorized by this Code and permitted under the town's applicable building code.
(b) Pursuant to a conditional use permit, commercial vehicles larger than light duty trucks may be parked, stored or maintained outside a structure in a residential district.
(c) Except as provided in divisions (C)(3)(a) and (b) above, the parking, storage, or maintenance of commercial vehicles larger than a light duty truck in any residential district, except for service or repair visits, is prohibited.
(4) Group homes in residential districts shall not be located closer than 1,200 linear feet from any other group home as defined in § 154-11-002.
(5) Bed and breakfast establishments are permitted in single family residential districts provided that such establishments are owner-occupied, have no more than four units, and meet all applicable home-occupied business regulations.
(D) Lot development standards. The chart entitled "Table of Residential Lot Development Standards", which follows, establishes the minimum requirements for sizes of lots, areas per dwelling units, yard setbacks and space between buildings, lot depth and percent of lot coverage under roof; and establishes the standard for required connection to public water and sewer systems.
(E) Guest houses, guest quarters, and accessory dwelling units.
(1) Guest houses [no kitchen, no rent] shall be subject to the following regulations: (1) guest houses shall be architecturally compatible with the primary dwelling unit; (2) travel trailers and recreational vehicles may not be used as guest houses; and (3) all applicable district standards must be followed.
(2) Guest quarters [kitchen, no rent] shall be subject to the following regulations: (1) all requirements for a guest house must be followed; and (2) the Community Development Director, or designee, shall approve the guest quarters. In approving the guest quarters, the Community Development Director, or designee, may require any condition that may be required under a conditional use permit.
(3) Accessory dwelling units (ADU's) [kitchen, rent].
(a) Purpose. The purposes of this section are to:
1. Allow for and regulate the establishment of accessory dwelling units;
2. Preserve the character and property values of residential neighborhoods;
3. Fully utilize residential housing supply in existing neighborhoods;
4. Provide additional options for long term rental housing within a wide range of affordability;
5. Increase opportunities for home ownership; and
6. Allow older homeowners to remain in their homes and obtain extra income, companionship, and security.
(b) Standards and criteria. All ADU's shall be subject to the following regulations:
1. Only one ADU is allowed per residential lot as an accessory use in conjunction with any primary dwelling unit.
2. Either the ADU or the primary dwelling unit shall be exclusively occupied by the owner of the property. In no case may both units be rented.
3. ADU's shall have at least 300 square feet of living space. Detached ADU's shall not be more than 800 square feet of living space or more than 33% of the size of the primary dwelling unit, whichever is greater. ADUs within a primary dwelling unit shall not be more than 33% of the total square footage of the unit. The Community Development Director, or designee, may grant an exception to the size limitations in this subsection if a greater or lesser amount of living space is warranted by the circumstances of the ADU.
4. ADU's shall be designed to preserve or complement the architectural design, style, and appearance of the primary dwelling unit.
5. Travel trailers and recreation vehicles may not be used as an ADU.
6. ADU's shall comply with all applicable codes including zoning, building, electrical, fire, mechanical, and plumbing.
7. Sufficient onsite parking shall be provided for the primary dwelling unit and the ADU.
8. Any new parking space(s) shall utilize the existing driveway. The Town Engineer, with the concurrence of the Community Development Director may allow exceptions to this requirement on a case-by-case basis.
9. Occupancy shall be limited to two persons for ADUs of less than 400 square feet, three persons for ADUs of 400 to 600 square feet, and four persons for ADUs over 600 square feet.
10. Home-based businesses, in compliance with the other provisions of this Code, shall be allowed in both the primary dwelling unit and the ADU.
(c) Application, affidavit, and permits. Prior to renting an ADU, the owner of the property shall:
1. Submit a completed ADU application including any fees and an affidavit of owner occupancy;
2. Obtain a building permit for all applicable remodeling and/or construction; and
3. Receive a certificate of occupancy for the primary dwelling unit and the ADU.
(d) Existing units. ADUs existing prior to enactment of these general requirements shall be allowed if the property is brought into compliance the provisions of this section.
Table of Residential Lot Development Standards
District (1) | Minimum Lot Size (10) | Min. Lot Area per Dwelling Unit | Max Lot Cover | Minimum Yard Setbacks | Public Water Sewer Required (4)(5) | |||||
Area sq. ft. | Width (2) | Depth (3) | Front | Rear | Side | Strt Side | ||||
District (1) | Minimum Lot Size (10) | Min. Lot Area per Dwelling Unit | Max Lot Cover | Minimum Yard Setbacks | Public Water Sewer Required (4)(5) | |||||
Area sq. ft. | Width (2) | Depth (3) | Front | Rear | Side | Strt Side | ||||
R1-6 | 6,000 | 60' | 90' | 6,000 | 50% | 20' | 20' | 5' (6) | 10' | YES |
R1-8 | 8,000 | 70' | 100' | 8,000 | 40% | 20' | 20' | 6' (6) | 15' | YES |
R1-10 | 10,000 | 80' | 110' | 10,000 | 40% | 20' | 20' | 7' | 15' | YES |
R1-12 | 12,000 | 90' | 120' | 12,000 | 30% | 25' | 25' | 8' | 15' | YES |
R1-18 | 18,000 | 100' | 140' | 18,000 | 30% | 30' | 30' | 10' | 15' | YES |
R1-35 | 35,000 | 140' | 180' | 35,000 | 20% | 35' | 35' | 20' | 20' | YES |
R1-44 | 44,000 | 150' | 190' | 44,000 | 20% | 40' | 40' | 20' | 20' | YES |
R1-70 | 70,000 | 160' | 240' | 70,000 | 20% | 50' | 50' | 25' | 25' | YES |
R1-90 | 90,000 | 180' | 270' | 90,000 | 10% | 55' | 55' | 25' | 25' | NO |
R1-175 | 175,000 | 300' | 300' | 175,000 | 10% | 60' | 60' | 30' | 30' | NO |
R2 | 6,000 | 60' | 90' | 3,630 | 50% | 20' | 10' (8) | 5' (6) | 15' | YES |
R3 | 6,000 (7) | 60' | 90' | n/a | 50% | 20' (9) | 10' (8) | 5' (6) | 15' (9) | YES |
1. Building height: See § 154-02-003(A)(1)(b).
2. For cul-de-sac and flag lots, see § 154-02-003(A)(2)(d) and (f).
3. Flag lots shall have a maximum depth, from the street frontage to the area where the lot widens, of not more than 150'.
4. Public sewer facilities shall be utilized: a) when the property is located within the Northern Gila County Sanitary District's boundaries and there is an adequate public sewer within 1,000 feet of the nearest property line as measured along the usual or most feasible route of access; b) when property is not within the N.G.C.S. District's boundaries, but there is an adequate public sewer within 500 feet of the nearest property line, as measured along the usual or most feasible route of access, and the total cost of connecting to the sewer is less than two times the cost of installing an on-site disposal system. If facilities are unavailable within the parameters described in a) and b), then other suitable facilities are required to be approved by the Gila County Health Department. However, no new properties (less than 2 acres in size) shall be created by minor land divisions that would require septic or other alternate sanitary systems to be utilized.
5. Water facilities, if not Public, are required to be approved by the Arizona Department of Environmental Quality.
6. Attached housing (zero lot line development) is allowed on contiguous lots within the same street frontage, provided both units are developed at the same time as a common project. All non-street setbacks which are opposite the common property line shall be increased by 2 feet over the minimum side yard setback for that district.
7. Through the platting process, townhouse lots in R3 districts may be reduced to 3,000 s.f. minimum width 30', minimum depth 80'.
8. Where the rear property line is common with a single family residential district, the minimum rear yard setback shall be 18'.
9. Minimum front and street-side setbacks may be reduced to 10' when not utilized for parking or vehicular access.
10. Up to 25% relief from minimum lot width/depth standards and up to 10% relief from minimum lot area standards may be granted with Minor Land Division application, so long as no newly created lot has a building envelope smaller than 35 feet X 35 feet.
Exceptions to Residential Lot Development Standards
Subdivision Lots with EXCEPTIONS To Development Standards | Basis for Exception | Minimum Yard Setbacks | |||
Front | Rear | Interior Side | Street Side | ||
Subdivision Lots with EXCEPTIONS To Development Standards | Basis for Exception | Minimum Yard Setbacks | |||
Front | Rear | Interior Side | Street Side | ||
Chalet Village | Plat GCR # 518 | See Subdivision Plat for Building Envelopes | |||
Chaparral Pines Phase 1 | Plat GCR # 668 | See Subdivision Plat for Building Envelopes | |||
Chaparral Pines Phase 2 | Plat GCR # 691 | See Subdivision Plat for Building Envelopes | |||
Chaparral Pines Phase 3 | Plat GCR # 748 | See Subdivision Plat for Building Envelopes | |||
E & J Mountain Estates | Var. V-151-03 | See Subdivision Plat for Revised Yard Setbacks | |||
Elk Ridge Amended | Plat GCR # 675 | See Bldg Envel for Lots 8-10, 15-19, 24-27 & 34-38 | |||
Elk Run | Plat GCR # 682 | 5' | 5' | 5',15' to other DU | 5' |
Foothills East | Plat GCR # 722 | See Subd Plat & ROS Log for Building Envelopes | |||
Golden Frontier Units 1 & 2 | Plat GCR # 569 | See Subdivision Plat for Building Envelopes | |||
Highlands at the Rim | Plat GCR # 737 | See Subdivision Plat for Building Envelopes | |||
Paradise Heights & Phase 2 | Plat GCR # 744 | See Subd Plat for Bldg Envel, 30' max height | |||
Payson North Unit 1 | Ordinance # 41 | 20' | 7' | 7' | 15' |
Payson North Unit 2 | Ordinance # 41 | 20' | 7' | 7' | 14' |
Payson North Units 3 & 4 | Ordinance # 41 | 15' | 3' | 5' | 15' |
Payson North Units 4A & 5 | Ordinance # 41 | 15' | 3' | 5' | 15' |
Payson Pines | Plat GCR # 703 | 20' | 20' | 5' | 15' |
Payson Pines Unit 2 | Plat GCR # 735 | See Bldg Envel for Lots 130-132, 142-144 & 147 | |||
Pine Island | Plat GCR # 669 | 0' | 5' | 5' | 5' |
Pinegate | Plat GCR # 704 | See Subdivision Plat for Building Envelopes | |||
Rim Golf Club Phase 1 | Plat GCR # 713 | See Subdivision Plat for Building Envelopes | |||
Rim Golf Club Phase 2 | Plat GCR # 733 | See Subdivision Plat for Building Envelopes | |||
Rim Club Cabins Phase 1 | Plat GCR # 750 | See Subdivision Plat for Building Envelopes | |||
Rim Ranch | Plat GCR # 720 | See Subdivision Plat for Building Setbacks | |||
Siena Creek | Plat GCR # 741 | See Subdivision Plat for Building Envelopes | |||
Stone Creek | Plat GCR # 716 | See Subd Plat for multiple Drainage Easements | |||
Trailwood Units 1,2 & 3 | Var. V-107-93 | 15' | 15' | 5' Min with 15' Aggr | 10' |
Western Manor | Plat GCR # 517 | 20' | 25' | 7' | 10' |
Whisper Ridge | Plat GCR # 743 | See Subdivision Plat for Building Envelopes | |||
Wildflower Ridge | Plat GCR # 754 | See Subdivision Plat for Building Setbacks | |||
Woodhill Unit 1 | Plat GCR # 677 | See Bldg Envl for Lots 3-5, 7, 8, 11-15, 42-45 & 48-52 | |||
Woodhill Unit 2 | Plat GCR # 710 | See Subdivision Plat for 30' maximum Bldg Height | |||
Woodland Meadows Ph 1,2,3 & 4 | PRA Devlm't Std | 15' | 15' | 5'Min with 15'Aggr | 10' |
Woods of Payson | Plat GCR # 694 | See Subdivision Plat for Building Envelopes | |||
R1-90 District around Briarwood Rd. | Var. V-122-96 | Use District Standards Closest to Lot Area | |||
(Ord. 466, passed 2-22-96; Am. Ord. 822, passed 4-19-12; Am. Ord. 825, passed 10-18-12; Am. Res. 2723, passed 6-20-13; Am. Ord. 834, passed 6-20-13; Am. Res. 2880, passed 12-10-15; Am. Ord. 875, passed 12-10-15; Am. Res. 2881, passed 11-5-15; Am. Ord. 876, passed 11-5-15; Am. Ord. 880, passed 6-2-16; Am. Res. 2918, passed 6-2-16; Am. Ord. 883, passed 6-2-16; Am. Res. 3140, passed 3-14-2019; Am. Ord. 905, passed 3-14-19; Am. Ord. 935, passed 11-18-21)