SECTION 16
LOW DENSITY MULTIFAMILY (MFL) DISTRICT
Subsections:
16.03 Property Development Standards
16.06 Residential Condominium Projects
16.01 Land Use Definition
Low density multifamily (MFL): this zoning provides for multifamily housing. Dwelling units in this category shall have livable floor area as may be approved by the commission upon submittal of a use plan by the developer.
16.02 Use Regulations
A building or premises shall be used only for the purposes set forth in the city of Litchfield Park zoning matrix (Section 28).
16.03 Property Development Standards
a. Development Area
Each development shall have a minimum area of five acres.
b. Lot Area Per Dwelling Unit
The minimum lot area per dwelling unit shall be two thousand four hundred square feet within the development.
c. Coverage
The maximum coverage shall be sixty percent of the development area.
d. Distance Between Buildings
The minimum distance between buildings on the same lot shall be ten feet.
e. Buffers
Buffer yards, consisting at a minimum of landscaping for the required setback distance, including pathways as appropriate, as approved by the design review board, shall be provided between dissimilar uses or other districts.
f. Open Space Density Bonus
Provision of common open space totaling not less than twenty percent of the net site area shall entitle the developer to observe the property development standards (except minimum development area) and the setback regulations of the next less restrictive residential district. (Ord. 04-91 § 1 (part))
16.04 Height Regulations
The height of all structures shall not exceed: two stories, nor thirty-five feet in height.
16.05 Setback Regulations
a. Front Yard
1. There shall be a front yard having a depth of not less than twenty feet, unless otherwise approved as a part of a development plan.
2. Where a lot is located at the intersection of two or more streets, there shall be a yard conforming to the front yard requirements on each street side of a corner lot. No accessory building shall project into yards required to conform with the front yard requirements.
b. Side Yard
There shall be a side yard on each side of a building having a width of not less than twenty feet.
c. Rear Yard
There shall be a rear yard having a depth of not less than twenty feet.
16.06 Residential Condominium Projects
In addition to the regulations set forth in this section, residential condominium projects shall comply with the following regulations:
a. Compliance with Zoning District Requirements and Subdivision Regulations
Residential condominium projects shall comply with the requirements of the low density multifamily district, as such requirements may be specifically modified by the applicable rezoning ordinance, if any. Residential condominium projects shall comply with city subdivision regulations.
b. Use of Residential Condominium Units as Resort Rental Units
Primary condominium units and split-off units may be used as resort rental units only in compliance with the requirements of this subsection b.
1. Master Agreement with Resort
There shall be a written master agreement between a resort that includes the resort rental units in its hotel room inventory and the owner of the residential condominium unit whereby the (a) split-off unit, or (b) both the primary condominium unit and the split-off unit are authorized to be used as resort rental units. If the master agreement is terminated or expires, the use of the split-off unit and primary condominium unit as a resort rental unit shall cease. The agreement shall provide at a minimum that a primary condominium unit shall not be used as a resort rental unit unless the master agreement includes the split-off unit of the residential condominium unit as a resort rental unit. Prior to use of any residential condominium unit as a resort rental unit, the resort shall file an affidavit of compliance with the city stating that the resort is in compliance with the requirements of this subsection b. The use of a split-off unit or a primary condominium unit as a resort rental unit is not a lease prohibited by subsection c.
2. Management Office
There shall be a management office located in the city that can provide twenty-four-hour service to the resort rental units.
3. Bed Tax
The bed tax shall be paid on both primary condominium units and split-off units used as resort rental units.
4. Kitchens
A split-off unit shall not include built-in cooking facilities and shall not be equipped for kitchen appliances requiring two-hundred-twenty-volt electric service or natural gas.
5. Parking
Parking shall be provided at a ratio of two spaces for each condominium unit.
c. No Leasing or Conveyance of Split-Off Units
Split-off units shall not be leased, subleased or otherwise conveyed separate from the primary condominium unit. (Ord. 06-111 § 1 (part))
16.07 Additional Regulations
a. Any exterior lighting shall be directed downward and away from adjacent property in accordance with the city code and this zoning code. See Section 31.15.
b. Provisions for on-site stormwater retention/drainage and off-site stormwater drainage both entering and leaving the property shall be as required by the city of Litchfield Park and the Maricopa County Flood Control District, the procedures for which shall be approved by the council. (Ord. 06-111 § 1 (part). Formerly 16.06)
16.08 Violation; Penalty
Any person found guilty of violating any provision of Section 16.06 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed two thousand five hundred dollars or by imprisonment for a period not to exceed six months, or both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as described in this subsection. (Ord. 06-111 § 4 (part))