Middle Housing

State Law provides specific exclusions for the location of middle housing developments:

• Middle Housing developments cannot be located in areas that are not incorporated, areas that are not zoned for residential use, and areas that lack sufficient urban services, including water, sewer, solid waste and other city services.
• Middle Housing is prohibited in areas within the 65 day/night level (DNL) of noise directly around the Scottsdale Airport.
• State Law does not prohibit restrictive covenants concerning middle housing entered between private property owners or homeowners’ associations (often referred to as CCRs). This means that any existing CCRs regarding middle housing remain in effect moving forward.

To construct a Middle Housing development in Scottsdale, the property owner must meet the following:

• Applicability: A Middle Housing development shall only be permitted on a single-family residential lot that is located within one (1) mile of the Old Town Area, or as a limited part of a new overall residential development over 10 acres in size, subject to exclusion requirements.
• Exclusion Areas: A Middle Housing development shall not be permitted within any exclusion area as provided by State Statute.
• On-site Utilities: A Middle Housing development shall provide separate utilities to each unit.
• Utility Review: A Middle Housing development shall demonstrate that the proposed development has received review and approval by utility providers.
• Urban Services: A Middle Housing development shall demonstrate that adequate urban services are provided.
• Water and Sewer: A Middle Housing development shall demonstrate adequate water and sewer services are provided.

In general, a Middle Housing development will be subject to the property development standards of the zoning district for which the Middle Housing development is located. However, per the new State Law the property development standards for the number of building floors, floor area ratio, owner occupancy, fire protection, and parking are determined by the new State Law.

The following property development standards apply to Middle Housing developments:

• Building Floors/Stories: A Middle Housing development shall not exceed two (2) stories in height.
• Floor Area Ratio (FAR): The cumulative maximum floor area ratio (FAR) for all buildings of a Middle Housing development; excluding any accessory buildings or structures, on any one (1) lot is 0.5.
• Owner Occupancy: Owner occupancy of any structure within a Middle Housing development is not required.
• Fire Protection: A fire sprinkler system is not required for a Middle Housing development.
• Parking: A minimum of one (1) off-street parking space per unit shall be provided. Off-street parking cannot be located in a front yard.
• Density: A Middle Housing development, where permitted, shall have the following density requirements:
• Middle Housing near Old Town - There shall be permitted only one (1) of either a Duplex, Triplex, or Fourplex on any one (1) lot.
• Middle Housing within an overall new residential development over 10 acres in size - There shall permitted only one (1) of either a Duplex, Triplex, or Fourplex on any one (1) lot. In addition, a Middle Housing development is limited to the maximum density as permitted in the zoning district.
• Building height: Maximum building height shall be that of the zoning district in which the middle housing development is located.
• Building setbacks: The building setbacks shall those of the zoning district in which the middle housing development is located.
• Distance between buildings: There shall not be less than ten (10) feet between any building or structure and any other building or structure within the same Middle Housing development.
• Walls, fences, and hedges: The provisions of the zoning district for which the middle housing development is located shall apply.
• Access:
• Each dwelling unit shall provide a separate exterior entrance.
• The path of ingress and egress travel from each dwelling unit to a public street or to a yard that opens to a public street shall be provided.
• Landscaping: The provisions of Article X of the Zoning Ordinance shall apply.
• Addressing: Each unit shall provide a unique address that follows the City’s addressing requirements, policies, and assignment process. The address of each unit shall be placed near the primary entrance to the unit, clearly visible from the main street frontage of the lot.

The process to receive a permit to construct a Middle Housing development is a multi-step process as outlined below:

1. Pre-Application

   The application process begins with the online submittal of a Pre-Application request. To assist the Pre-Application process, an applicant is encouraged to submit any information available regarding the proposed Middle Housing development, including a site plan, building elevations, and any utility information.

2. Pre-Application Meeting

   After the Pre-Application request is submitted, city staff will schedule a Pre-Application meeting to allow the applicant to discuss requirements for the proposed Middle Housing Development with city staff.

3. Formal Submittal of Administrative Application

   After the Pre-Application process, the applicant will be provided direction on how to make a formal application for administrative review of the proposed Middle Housing development. Staff may request additional information be provided to assist with review of the formal application.

4. Permit Review

   After the applicant has submitted a formal application for review and received administrative approval of the formal application, then the property owner or designee can submit construction documents and plans for the proposed Middle Housing development for permit review. A permit can then be issued after all applicable code requirements have been reviewed and met.

• Zoning Ordinance: Sec. 7.1400. Middle Housing developments.
• Definitions – Duplex, Fourplex, Triplex, Middle Housing

View the Middle Housing Development fact sheet (PDF)