Loading...
HomeMy WebLinkAboutOrdinance 2007.034 Amending titles 5 and 8 of the land development codeF. ANN RODRIGUEZ, RECORDER DOCKET: 13206 RECORDED BY: RJL PAGE: 1978 DEPUTY RECORDER 9544 PE5 OF P1 V NO. OF PAGES: SEQUENCE: 2 20072450481 SMARA 12/20/2007 TOWN OF MARANA ORDIN 16:06 ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2007.34 RELATING TO DEVELOPMENT; ADOPTING AN ORDINANCE THAT AMENDS TITLES 5 (ZONING) AND 8 (GENERAL DEVELOPMENT REGULATIONS) OF THE LAND DEVELOPMENT CODE; ADDING SECTION 05.10.13 (R-3.5 RESIDENTIAL ZONING); UPDATING THE NOTICING PROCEDURES IN SECTION 05.03.01; AND DELETING THE SMALL LOT OPTION IN TITLE 8. WHEREAS, the Marana Land Development Code (the "Code") was adopted by the Mayor and Council of the Town of Marana on May 14, 1984 by Ordinance No. 84.04; and and WHEREAS, the Mayor and Council have amended the Code from time to time; WHEREAS, the Code contains Titles 5 Zoning, which regulates zoning in the Town of Marana and 8 General Development Regulations, which regulate the development of land in the Town of Marana; and WHEREAS, the Marana Planning Commission held a public hearing on a request to amend Title 5 and Title 8 of the Code on November 14, 2007 to consider comments from Town staff and the public on the proposed amendments; and WHEREAS, the Town Council held a public hearing on a request to amend Title 5 and Title 8 of the Land Development Code on December 18, 2007; and WHEREAS, the Mayor and Council find that approval of the proposed amendments is in the best interest of the residents and businesses of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, as follows: SECTION 1. Title 5, Zoning, of the Town of Marana Land Development Code is hereby amended by adding Section 05.10.13 (R-3.5 Residential), updating the noticing procedures in Section 5.03.01, providing minor corrections to Title 5 and amending Title 8, General Development Regulations, by deleting the Small Lot Option, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, having been made a public record by and attached as Exhibit A to Resolution No. 2007-230. 1-3 2 rl) SECTION 2. The adoption of this ordinance shall have the effect of invalidating that portion of all previous versions of the Land Development Code. SECTION 3. In the event that any provision, or any portion of any provision, of this ordinance or application thereof, is held invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall have no effect on the remaining portion of any provision or any other provision, or their application, which can be given effect without the invalid provision or application and to this end the provision of this ordinance shall be deemed to be severable. SECTION 4. This ordinance shall be effective on the thirty-first day after its adoption. PASSED AND ADOPTED by the Town Council, Town of Marana, Arizona, this 18t" day of December, 2007. ATTEST: "OF V0, 'till ?7 4,? 1 yDronsoA, town Clerk Mayo? Ed ilonea ?3, APPROVED AS TO FORM: TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE TITLE 5 ZONING SECTIONS: 05.01 Establishment of Zones 05.02 Regulations Within Zones A-F 05.03 0 Significant Land Use Change (Applies only to Zones A . -F) 5.04 Nonconforming Structures and Land Uses 05.05 05.06 Relationships to Streets, Other Structures, and Other Property Specific Plans 05.10 New Zones Established 05.01 Establishment of Zones Zones A-F, reflected in Sections 05.01.01 through 05-02.06, and the procedures relating to these zones, found in Sections 05-03.05 through 05.05 inclusive, apply only to those lands so zoned. The zones found in Sections 05.10 through 05.12, and the procedures relating to those zones found in Sections 05.20 et. seq. apply to all lands so zoned. 05.01.01 Zones A-F Established Prior to April 6, 1993, the Town of Marana was divided into five zones. These zones were as follows: Zone A, Small Lot Zone; Zone B, Medium Sized Lot Zone; Zone C, Large Lot Zone; Zone D, Designated Flood Plain Zone; and Zone E, Transportation Corridor Zone. These zones shall remain in place until reclassified'by the property owner, or the Town. Subsequent to April 6, 1993, the Town of Marana established a new set of zones and criteria for those zones which are reflected in Section 5.10. through 5.12, inclusive. 05.01-02 Official Zone Designations Prior to April 6, 1993 A. Zone A comprised all land within the Town of Marana that was: 1 west of a line running north-south and located 400 feet east of Luckett Road extending from the Town Limits on the north to the northern edge of the Designated Flood Plain of the Santa Cru Ri z ver on the south; 2. included in the entire territory annexed to the Town under Ordinance 82.01; 3. bordered on the north by Marana Road, on the south by Grier Road and th e Designated Flood Plain of the Santa Cruz River, on the west by Luckett Road and the Designated Flood Plain of the Santa Cruz River, on the east by Interstate 10 and McDuff Road; 4. bordered on the north by Kirby Hughes Road, on the south by Marana Road , on the east by Wentz Road, and extending from Kirby Hughes Road on th e north to Marana Road on the south; 5. within the platted subdivision known as Marana Estates as recorded in the offices of the Pima County Recorder; 6. bordered on the north by Grier Road, on the south by the northern edge of the Designated Flood Plain of the Santa Cruz Ri ver, on the east by Sandario Road, and on the west by a north south line located 400 feet west of Sanders Road Title 5 - Zoning Revised: 09/05 Page 1 of 132 Ord. 2003.16 & 2005.18 TOWN OF MAR-ANA, ARIZONA LAND DEVELOPMENT CODE and extending from Grier Road on the north to the northern edge of the Designated Flood Plain of the Santa Cruz River on south; ' 7. bordered on the north by Grier Road, on the south by an east-west line located 400 feet south of Barnett Road and extending from Sandario Road on the west to the alignment of Lon Adams Road on the east, on the east by Lon Adams Road and its alignment, and on the west by Sandario Road; B. Zone B comprised all land within the Town of Marana that is: 1. north of Marana Road, west of Wentz Road, and east of Luckett Road that has not been defined as being in Zone A; 2. bordered on the north by Grier Road, on the south by the northern edge of this Designated Flood Plain of the Santa Cruz River, on the west by the northern edge of the Designated Flood Plain of the Santa Cruz River, and on the east by a north-south line located 400 feet west of Sanders Road and extending from Grier Road on the north to the northern edge of the Designated Flood Plain of the Santa Cruz River on south; 3. bordered on the northeast by Interstate 10, on the west by McDuff Road and Lon Adams Road, an on the south by the Town Limits; 4. bordered on the northeast by Interstate 10, on the west by the Town Limits, and on the south by Barnett Road. 5. as described in Sections (03) and (04) of Ordinance 83.03. C. Zone C comprised all land within the Town of Marana that has not been specifically defined as lying within either Zone A, Zone B, Zone D, or Zone E, plus that land in the Northeast 1/4 of Section 36, Township 11 South Range 11 East, that has been designated in Zone C by Section (01) of Ordinance 83.03. D. Zone D comprised all land within the Town of Marana that is: 1 . immediately adjacent to the Santa Cruz River and within twelve (12) feet vertically of the average bottom of the Santa Cruz River bed, when dry, at its nearest point; and 2. immediately adjacent to the Brawley Wash that is designed as a special flood hazard area on the Flood Hazard Boundary map of the Town of Marana as prepared by the United States Department of Housing and Urban Development National Flood Insurance Program. E. Zone E comprised all land within the Town of Marana that is: 1. north and east of Interstate 10, except that land within the Marana Estates Subdivision that has been designated as being within Zone A, and that land in the Northeast 1/4 of Section 36, Township 11 South, Range 11 East, that has been placed in Zone C by Ordinance .83.03; 2. all of the Southwest 1/4 of Section 4, and the northwest 1/4 of Section 9, both in Township 12 South, Range 11 East, Gila and Salt River Base and Meridian. 3. and that portion of Section 36, Township 11 South, Range 11 East, designated in Zone E by Section (5) of Ordinance 83.03. Title 5 - Zoning Page 2 of 132 AC IQ Ord.200.5-166cZU - Revised: 09/05 TOWN OF XL-k?kNA,ARIZONA LAND DEVELOPMENT CODE F. Zone F (Specific Plan Zone) shall be comprised of all land within the Town of Marana for which a specific plan has been adopted by the Marana Town Council pursuant to the provisions of Title 05.06. 05.01.03 Official Zone Map The location and boundaries of each of the zones shall be shown on the Official Zone Map of the Town of Marana, and said map is hereby declared to be an official record and a part of this Code. Whenever amendments or changes are made in zone boundaries, such amendments or changes shall be made by ordinance and recorded on the official zone map promptly. Regardless of the existence of purported copies of the Official Zone Map, which may from time to time be made or published, the Official Zone Map that shall be located in the Office of the Planning Department shall be final authority in determining current zoning status. 05.02 Regulations Within Zones A-F 05.02.01 Zone A - Small Lot Zone A. Permitted Uses. Within Zone A, residential, commercial, industrial, and quasi-public land uses shall be permitted so long as each such land use is conducted on a lot no larger than 2.5 acres and is consistent with the Significant Land Use Change procedure described in Section 05.03. of this Code. This is not, however, to be construed to permit any land use that may be specifically prohibited within the Town of Marana by this or any other Ordinance of the Town of Marana or by State or Federal law. B. Density Requirements. There shall be no maximum density of land use per se, except that density of land use on any parcel of land within Zone A shall be determined in part by prior density of land use in accordance with the provisions for Significant Land Use Change contained in Section 05.03 of this Code and by setback requirements defined in this and other titles of this Code or as may be determined by the regulations of the Arizona Department of Health Services or Pima County. C. Setbacks. No building or structure, except a fence or wall that is not part of a building and not more than six (6) feet in height, shall be constructed closer than ten (10) feet to any side property line or closer than forty (40) feet plus one foot for each foot of building height in excess of ten (10) feet above ground level to any front or rear property line. Where a lot is situated on the corner of two dedicated streets, each of the property lines along the right-of-way line of a dedicated street shall be considered to be a front property line, and each other property line shall be considered to be a side property line in determining allowable setbacks. D. Nonconforming Setbacks in Prior Subdivisions. In subdivisions approved, platted, and recorded prior to March 21, 1977, where lot sizes approved by Pima County do not allow the construction of a building or structure comparable to existing buildings or structures in that subdivision or similar subdivisions in the Town of Marana if the standard setback requirements delineated in Paragraph C, above, are followed, then the allowable setback from front and rear property lines shall be either the arithmetic mean of the difference between the least distance between front and the appropriate dimension of the building, structure, or mobile home considered to be normal for such size lot, or the smaller of existing setbacks from front and rear property lines on immediately adjacent lots, whichever is less. The appropriate dimension of the building, structure, or mobile home that is considered to be normal for such size lot shall be considered to be no larger than twenty-eight (28) by seventy (70) feet for Title 5 - Zoning Page 3 of 132 Revised:09/05 )rd. 2003.16 & 2005.18 TO%VN OF NL-\?-kNA, ARIZONA LAND DEVELOPMENT CODE either a mobile home or any other type structure. The minimum setback from any side property line. This shall apply to new construction only and not to existing buildings. As an example, if the owner of a lot that measures ninety (90) feet wide by one hundred (100) feet deep in such a prior-approved subdivision wishes to place on that lot a mobile home that measures seventy (70) feet long by twenty-eight (28) feet wide, that mobile home must be placed on the lot parallel to the street or front property line so that it is centered between side property lines, leaving (10) ten feet on each end of the mobile home between the home and the nearest side property line. The allowable setback from front and rear property lines for such a mobile home would be determined by subtracting twenty-eight (28) feet (the home's width) from one hundred (100) feet (the lot's depth), giving a difference of seventy-two (72) feet, and dividing that difference by two (2), giving a nonconforming setback of thirty-six (36) feet from front and rear property lines or a nonconforming setback no less than the smaller or corresponding setbacks of existing structures on immediately adjacent lots, rather than the standard setback of forty (40) feet for a structure that is no more than (10) feet in height. E. Compensating Setbacks on Adjoining Lots. Notwithstanding the above, on any lot located in Zone A, as defined by this Code, a building may be extended to one side property line provided that: 1 a compensating setback of no less than twenty (20) feet is maintained from the opposite side property line; 2. the wall of the building that along the side property line shall be built to conform to standards for a two-hour fire wall as contained in the Uniform Building Code; 3. any gap of less than five (5) feet between the wall of the building that is along the property line and the wall of any building located on the immediately adjacent lot shall be closed at both front and rear, shall be covered above, and shall be filled with rubble or other suitable nonflammable material; and 4. there is a written agreement filed with the Town Clerk and recorded with the Pima County Recorder between the owners of the adjoining lots regarding the responsibility for the closure of the gap described in (3) above. 05.02.02 Zone B - Medium Lot Zone A. Permitted Uses. Within Zone B, any residential, commercial, industrial, or quasi-public land use is permitted so long as each separate land use is conducted on a lot larger than 2.5 acres but no larger than 25 acres and is consistent with the Significant Land Use Change Procedure described in Section 05.03 of this Code. This is not to be construed, however, to permit any land use that may be expressly prohibited within the Town of Marana by other ordinances of the Town of Marana, by other provisions of this code, or by state or federal law. B. Density Requirements. There shall be no maximum density of land use per se in this Zone, except as may be dictated by prior density of land use in accordance with the Significant Land Use Change Procedure described in Section 05.03 of this Code and by setback requirements defined elsewhere in this code. C. Setbacks. No building or structure, except a fence or wall that is not part of a building and not over six (6) feet in height shall be constructed closer than forty (40) feet plus one (1) foot for each foot of building height in excess of ten (10) feet above ground Title 5 - Zoning Pagc 4 of 132 Ord. 2003.16 & 2005.18 Reviscd: 09/()5 TOWN OF NLN?ANA, ARIZONA LAND DEVELOPMENT CODE level to any front or rear property line. Where a lot is situated on the corner of two dedicated streets, each of the property lines along the right-of-way line of a dedicated street shall be considered to be a front property line, and each other property line shall be considered to be a side property line in determining allowable setbacks. 05.02.03 Zone C - Large Lot Zone A. Permitted Uses. Within Zone C, any residential, commercial, industrial, or quasi-public land use shall be permitted, so long as each separate activity is conducted on a lot no smaller than 25 acres and is otherwise consistent with the Significant Land Use Change procedures as described in Section 05.03 of this Code. This is not to be construed, however, to permit any land use that may be expressly prohibited within the Town of Marana by other sections of this code other ordinances of the Town of Marana, or state or federal law. B. Density Requirements. The maximum density allowed shall be one dwelling unit or one commercial, industrial, or quasi-public establishment per 25 acres. C. Setbacks. No building or structure, except a fence or wall that is not part of a building and not over six (6) feet in height shall be constructed closer than forty (40) feet plus one (1) foot for each foot of building height in excess of ten (10) feet above ground level to any front or rear property line. Where a lot is situated on the corner of two dedicated streets, each of the property lines along the right-of-way line of a dedicated street shall be considered to be a front property line, and each other property line shall be considered to be a side property line in determining allowable setbacks. 05.02.04 Zone D - Designated Flood Plain Zone A. Permitted Uses. Within Zone D no residential land use shall be permitted, nor shall any commercial, industrial, or quasi-public use be permitted that entails the accommodation of persons overnight or the storage of materials or equipment for more than 24 hours if such materials or equipment would become hazardous to human health and safety upon exposure to water, or if such materials or equipment would result in a hazardous contamination of the Santa Cruz River or Brawley Wash as determined by the Town Planning Administrator. B. Density Requirements. The maximum density allowed in Zone D shall be the same as that which is allowed in Zone B. C. Setbacks. The setback requirements for Zone D shall be the same as those for Zone B. D. Approval Required. No construction or excavation that will alter the natural drainage pattern, direction or rate of flow, or the carrying capacity of the Santa Cruz River or the Brawley Wash can be performed unless previously approved by the Town Council after recommendation from the Planning Commission. 05.02.05 Zone E - Transportation Corridor Zone A. Permitted Uses. Within Zone E, no residential land use shall be permitted. Any commercial, industrial, or quasi-public land use shall be permitted which is consistent in its location with the land use element of the General Plan of the Town of Marana and the Significant Land Use Change Procedure described in Section 05.03. of this Code. This is not to be construed, however, to permit any land use that may be Title 5 - Zoning Pagc 5 of 132 nevised: 09/05 W. 2003.16 & 2005,18 TOWN OF NL-\?-\NA, ARIZONA LAND DEVELOPMENT CODE expressly prohibited within the Town of Marana by other sections of this code, by other ordinances of the Town of Marana, or by state or federal law. B. Density Requirements. There shall be no maximum or minimum density requirements in Zone E, except as may be required by the setback requirements of this Code or by regulations of the Arizona State Department of Health Services or Pima County. C. Setbacks. The setback requirements for Zone E shall be the same as for Zone A. 05.02.06 Zone F - Specific Plan Zone The permitted uses, density requirements, setback and other regulations applicable within a Specific Plan Zone shall be those contained within the specific plan adopted by the Marana Town Council pertaining to the land within that zone. 05.03 Significant Land Use Change (Applies only to Zones A-F) Intent and Purpose The purpose of this section is to establish a procedure for requesting and processing a Significant Land Use Change for property in Zones A, B, C, D, E and F. A land use change allowed as provided in this section shall be granted to the applicant owner or lessee and shall be transferable unless it is designated as non-transferable at the time of issue. If the applicant owner or lessee does not conform to the land use change within one year, the land use change will be void, unless extended in writing by the Planning Administrator. (Ord. 96.11 (part), 5/95) 5.03.01 Notification Of Intended Land Use Change For property in Zones A, B, C, D, E and F any landowner or lessee wishing to significantly change the way in which a lot or parcel is used as defined in Title 3 of this Code, shall notify byfirst class-mai-I in writing by GeAffified mail, retum FeGeipt reque&ted-,those persons identified a5-having a Feal--property interest located within one-quarter mile (if the lot or parcel to be changed is in Zone A, D or E), one half mile (if the lot or parcel to be changed is in Zone B), or one mile (if the lot or parcel to be changed is in Zone C), the Marana Town Clerk, and the individual members of the Marana Town Council and Marana Planning Commission of said intent to significantly change the use of the lot or parcel. Letters of notification and attachments shall be dated the same date as the date e4o,-the- GeFtified Mad retuFR Fe F8Geived #em the post effir.e at the time of the -mailing. All letters of notification and attachments shall include the following: 1. the street address and a 8 1/2 x 11 inch location map showing the lot or parcel and the immediately adjacent uses, 2. an 8 1/2 x 11 inch scaled, dimensioned site plan showing lot dimensions, lot area, setbacks, existing and proposed buildings, mobiles, building height, parking and loading areas and driveways, septic systems and walls or fences. For an existing building where no exterior changes are proposed the site plan is not required. 3. a complete description of the proposed use and it's operation, number of employees, complete list of permits needed, both existing and proposed, automobile and truck traffic volume estimates, for non-residential uses the building- UBG occupancy classification and for operations using or storing hazardous materials deSGFqbed in Chapte-F--9-of the UBG information regarding 10% the amount of propo_§ed hazardous materials and hazardous procedures. Title 5 - Zoning Page 6 of 132 Rcviscd: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE 4. a statement that those persons having a real property interest may protest the proposed land use change in writing to the Town Clerk within 35 calendar days of the date of the letter of notification and attachments. For purposes of this code, persons having a real property interest shall be defined to include only owners of record lessees--i.?-a-4ease-r-ec-ef-ded w;+,,'- flhe P4Ma-4;GURty ReGeFder aRd veRdees-of a recorded real estate sale contract. Prior to undertaking the proposed land use change, the landowner or lessee undertaking the proposed land use change shall review with the Planning Administrator the complete letter of notification and attachments, the list and map used to notify the property owners per this section and the procedures utilized and shall furnish a complete copy to the Administrator. All Gomplet retUFR FeGeipt GaFds shall be pmvided te--the-T4)-? ef MaraRa. Any land use change allowed under 05.03 shall either commence within a period of one year from it being allowed or be null and void, unless, upon a written request from the applicant submitted no later than 30 calendar days prior to the one year date of expiration, the time period is extended by the Town Council. 05.03.02 Protest If owners of a real property interest immediately adjacent to the lot or parcel for which a significant land use change has been proposed, or if more than 25 percent of the owners of nearby property defined in Title 3 of this Code, or if by affirmative motion by the Planning Commission or Town Council protests the proposed land use change in writing to the Town Clerk within 35 calendar days of the date of the letter of notification and attachments, then the landowner or lessee proposing the change must proceed per 05.03.03 of this Code. If none of the above situations occur the landowner or lessee proposing the change may proceed with the intended change without further approval from the Town, except as may be required under other sections of this Code or by other ordinances of the Town of Marana. 05.03.03 Response to Protest The land owner or lessee proposing the change shall have an additional thirty (30) calendar days in which to present rebuttal to the said protests before the Planning Commission at a public hearing that shall be scheduled no sooner than ten (10) calendar days and not later than thirty (30) calendar days after the expiration of the protest period. Notice of the time and place of the hearing, including.a general description of the matter to be considered as well as a description of the parcel for which a change has been proposed and the nearby area affected by the change shall be given at least fifteen (15) calendar days prior to the hearing by publishing the notice of hearing at least once in a newspaper of general circulation published or circulated within the Town of Marana, or if there is none, by posting the notice of hearing on the parcel of land for which a significant land use change has been proposed in such a manner as to be visible from the public right-of-way and in at least ten (10) public places in the Town. Any posted notice on the parcel in question must be printed so that the words, "Land Use Change," and the date and time of the hearing are legible from the public right-of-way. 05.03.04 Decision by the Planning Commission The Planning Commission shall then have an additional thirty (30) calendar days after the date of the public hearing in which to weigh the merits of the proposed land use change and either approve the land use change or deny such approval, or grant approval based on any reasonable adjustment or compromise that is acceptable to both the party requesting the significant land use change and the majority of the Planning Commission. The decision of the Planning Commission shall be arrived at in open meeting and shall be explicit as to the Title 5 - Zoning Pagc 7 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NU\RANA, ARIZONA I-AND DEVELOPMENT CODE reason(s) for the approval or denial. Where twenty-five (25) percent or more of the nearby real property owners have protested the proposed significant land use change, approval of the change must be made by a three-fourths vote of the Planning Commission. 05.03.05 Appeal from the Decision of the Planning Commission Either the party requesting a significant land use change, or any recorded protester as described in 05.03 of that change, may appeal the decision of the Planning Commission to the Town Council. Such appeal must be made in writing to the Town Clerk within five (5) working days of the rendering of the decision by the Planning Commission. When such a notice of appeal has been submitted to the Town Clerk, it will be brought before the Town Council at the Council's next ayailable regular meeting as an order of business agenda item. The Town Council may then confirm or modify or reverse the decision of the Planning Commission. Any motion to modify or reverse the decision of the Planning Commission shall contain the explicit reason(s) therefore. If the Town Council takes no action on the matter, the decision of the Planning Commission shall stand. 05.04 Nonconforming Structures and Land Uses 05.04.01 Continued Use The owners of land and structures shall not be deprived of the use of any property for the purpose to which it was lawfully devoted at the time of the enactment of this code because of any provision of this Code. Nonconforming buildings or structures or land uses may be continued to the same extend and character as that which legally existed on the effective date of this code and any regulations derived from it. Repairs may be made to a nonconforming building or structure or to an existing building or structure housing a nonconforming use. "ON. 05.04.02 Limitations on Enlargement Any nonconforming but otherwise legal use within a building may be expanded within the same building in which said use is located, provided that: (1) no substantial modifications are made in the building; or (2) such increase or expansion is required to comply with an order to improve issued by a health or safety official acting in his/her official capacity. 05.04.03 Restoration of Damaged Buildings A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, or other calamity or act of nature may be restored, and the building or structure or use of such building, structure, or part thereof may be continued or resumed provided that such restoration is started within a period of one year from the date of destruction or damage and is diligently prosecuted to completion. Such restoration shall not increase the floor space devoted to the nonconforming use over that which existed at the time the building became nonconforming, and such exemption from conforming to this Code shall only be to the extent that the building did not conform in the past. 05.04.04 Discontinuance or Abandonment A nonconforming building or structure or portion thereof, or a lot or parcel occupied by a nonconforming land use, which is or which hereafter becomes abandoned or which is removed from use for a continuous period of one year or more shall not thereafter be occupied except by a use which conforms to the regulations of the zone in which it is located. AM& Title 5 - Zoning Page 8 of 132 Reviscd: 09/05 Ord. 2003,16 & 2005.18 TOkXN OF NL-\?NNA, ARIZONA LAND DEVELOPMENT CODE 05.04.05 Change to a Conforming Use Any nonconforming building or structure or land use that has been changed to a conforming building or structure or land use shall not thereafter be changed back to a nonconforming building, structure, or land use. 05.04.06 Change to Another Nonconforming Use A nonconforming use of a building or structure shall not be changed to another nonconforming use. Changes in use shall be permitted only to a conforming use. 05.05 Relationships to Streets, Other Structures, and Other Property 05.05.01 Clear View of Intersecting Streets On all lots or parcels of land on which a front setback is required, no obstruction that will obscure the view of motor vehicle drivers shall be placed within the triangular area formed by the adjoining street property lines and a line connecting them at points of forty-five (45) feet from the intersection of said street property lines, except that trees may be permitted within said triangular area provided that those trees are placed in the street planter strip and the limbs are pruned to at least six (6) feet above the grade level of the adjacent street. 05.05.02 Effect of Street Plan Wherever a front or side setback is required for a building or structure, and where the lot on which said building or structure is located abuts on a proposed street that has not yet been constructed but which has been designated on the Town's General Plan or an appropriate area or subject plan as a future street, the depth of such front or side setback shall be measured from the planned right-of-way line and not from the existing property line. 05.05.03 Animal-Keeping Structures and Fencing Any barn, shed, corral, coop, fence, or other structure for the keeping of animals, shall be erected, constructed, or located according to the development standards found in Section 08.04 of the land development code. 05.05.04 Drainage of Surface Waters No surface water shall be allowed to drain from any lot onto any adjacent lot except upon written agreement between the owners of said lots. 05.05.05 Pollution Prohibited No land use shall be permitted which emits or discharges gases, fumes, or other pollutants into the atmosphere in amounts which exceed the standards prescribed by the appropriate County or State Air Quality Control Board, any applicable federal agencies, or any such appropriate body as may be appointed by the Marana Town Council. No land use shall be permitted which emits or discharges liquids or solid material on the soil or into surface or ground waters in amounts which result in pollutants entering any water or drainage system in amounts exceeding the standards prescribed by those Pima County, Arizona, or federal agencies having appropriate jurisdiction. The application of sewage sludge to the surface or within eight (8) inches of the surface of any land within one quarter mile of any human residence shall be prohibited, except where written permission to do so has been obtained from the owner of said residence and filed with the Town Clerk. Ruviscd: 09/05 Title 5 - Zoning Pagc 9 of 132 Ord. 2003.16 & 2005.18 TOWN OF T%L-?RANA, ARIZONA LAND DEVELOPMENT CODE 05.05.06 Off-Street Parking In order to increase public safety and lessen congestion in the public streets, to provide adequately for parking needs associated with land development and increased motor vehicle usage, and to reduce the on-street storage of motor vehicles, requirements for off-street parking defining the number of such parking spaces, conditions and standards relating to vehicles access, circulation, lighting, landscaping, location, control, and continuity may be included in the approval of any significant land use change, subdivision, or large-scale project or as a condition of zoning compliance under the building permit application procedure described in Title 8 of this Code. 05.05.07 Motor Vehicle Access All residential buildings and all commercial, industrial, and quasi-public buildings and structures must be provided access from a public street for motor vehicle access as a condition of zoning compliance. Access to all lots and parcels shall be provided in accordance with the standards for streets and roads adopted in conjunction with this Development Code by resolution of the Marana Town Council. 05.05.08 Manufactured Homes in Zone A, B, & C A manufactured home may be placed on any lot within Zone A, B, or C provided the following conditions are met: 1 . There is an existing manufactured home on the lots adjacent to the lots in which the new manufactured home is to be placed. Adjacent, for the purposes of this section, means on either side, and means directly across the street, if one exists, and to the rear across an alley, if one exists. 2. Where the provisions of subparagraph "A" above do not exist, then a manufactured home may be placed on a lot provided the procedure set forth in Section 10. 10, Conditional Use Permits are met. (Ord. 94.18 (part), 12/94) r__1 Title 5 - Zoning Pagc 10 of 132 Rmsed: 09/05 ( ) rd. 2003.16 & 2005.18 TO%XN OF NL-??-kNA, ARIZONA LAND DEVELOPMENT CODE 05.06 Specific Plans 05.06.01 Purpose The purpose of this Title is to provide uniform procedures and criteria for the preparation, review, adoption and implementation of specific pans as authorized by A.R.S. § 9-461-08. 05.06.02 Application A. Public Hearing. A public hearing on the proposed specific plan shall be held before the Planning Commission no later than 60 days following the applicant's submittal of a complete specific plan application in accordance with the provisions on Section 05.06.02(G), unless a longer period is agreed to in writing by the applicant (Ord. 89.05 (part), 4/89). B. Restriction on Application. Consent. The written consent of all property owners of record within the proposed specific plan zone shall be required at the time of application submittal. 2. Area. The applicant for a mixed use project in excess of 80 acres is encouraged to consider a specific plan, and at the option of the Planning Commission, a specific plan may be required. 3. Configuration. A proposed specific plan shall not be allowed which excludes an area within the plan boundary. C. Submittals. 1. All specific plan applications shall include, at a minimum: a. a completed and signed application on a form prescribed and established by the Planning Administrator; b. a legal description of the property; C. a precise map showing the land to be regulated by the proposed specific plan; d. the written consent of all owners of the real property to be regulated by the specific plan and list, by name and title, of all ownership interests in the real property; e. a letter of authorization for an agent; f. a development capability report (refer to Section 05.06.02.D). 9. the specific plan proposed by the applicant for adoption, which shall contain the information described in Section 05.06.02.E. D. Development Capability Report Requirements. The development capability report a-re- is a maps and s-Y-P-p ting text summary of the impact of the proposed development on site conditions existing on the land to be regulated by the specific plan that shall address, at a minimum the following: 1. topography and slope analysis; Title 5 - Zoning Page 11 of 132 KCVJSCU: 09/ 05 ( W. 2003.16 & 2005.18 TOWN OF NU?RANA, ARIZONA LAND DEVELOPMENT CODE 2. hydrology and water resources; 3. vegetation and wildlife habitat; 4. geology and soils; 5. paleontological and cultural (archaeological and historical) resources; 6. existing structures, roads and other development; 7. existing infrastructure and public services. E. Specific Plan Requirements. 1 . The map elements of the specific plan shall illustrate and identify: a. All land uses; b. Adjacent lots and structures within 150 feet of the plan boundary; C. Open space, recreational facilities, parks and trails; d. Public, educational, health care and religious facilities; 110% e. Drainage plan; f. Name, location and extent of existing or proposed major and collector streets located within the area to be regulated by the specific plan or needed for servicing that area; 9. Location and extent of existing or proposed provisions for sewage AIMAk disposal, effluent use, storm water drainage, solid waste disposal and public utilities; and h. Density donor and recipient areas, if applicable, in accordance with Section 05.06.06. 2. The text elements for the specific plan shall describe and contain: a. The objectives of the specific plan; b. The compatibility of the specific plan with adjoining land uses; C. Detailed regulations and programs for the systematic implementation of the specific plan, including plan amendment procedures and regulations and density transfer limitations (refer to Section 05.06.06.); d. Specific development standards for the map elements; e. Hydrology analysis; f. Standards for the phasing, construction and maintenance of major and collector streets proposed for the plan area or needed for servicing the project; 9. Standards for the phasing, construction and maintenance of sewage disposal, effluent use, storm water drainage, solid waste disposal and public utilities; h. Standards for the conservation, development or utilization of natural resources, including surface water, soils, vegetation and wildlife; Title 5 - Zoning Pagc 12 of 132 Reviscd: 09/05 )rd. 2003.16 & 2005.18 TOWN OF NIARANA, ARIZONA I-AND DEVELOPMENT CODE General landscape program; For single-phase plans, a draft schedule for the preservation of site features established by the plan and the construction, dedication and provision of public services; k. For multi-phased plans, a draft phasing schedule for the preservation of site features established by the plan, the development of the various master blocks of the specific plan, and the construction, dedication and provision of public services. 3. The text of the specific plan shall specify how and to what extent the specific plan is to supplement or supersede the adopted Town Development Code to the contrary. However, in no event shall the provision contained in Title 05.03 of this Development Code relating to Significant Land Use Changes, the provisions contained in Paragraph E of Section 06.03.02. of this Development Code relating to Dedicated Streets be applicable to property which is regulated by an adopted specific plan. F. Consistency With Land Use Plans and Intent and Purpose of Development Code. Adopted specific plans shall be in substantial conformance with the Town of Marana General Plan and any other land use plans adopted by the Marana Town Council. A plan amendment shall be required when proposed specific plan is in conflict with adopted Town of Marana land use plans. In addition, adopted specific plans shall be consistent with the intent and purpose of this Development Code (refer to Title 01.02). G. Coordination of Review of Application. The Planning Administrator and the Town Engineer, along with any consultants retained by the Town for the purposes of reviewing the proposed specific plan and advising Town officials and agencies with respect thereto, shall jointly review specific plan applications for the purpose of determining whether such applications are in conformance with the provisions contained in this Section 05.06. The Planning Administrator shall be responsible for advising the applicant in writing within 60 days following submission of a specific plan application of any changes necessary in order to bring the specific plan application into compliance with the provisions of this Section 05.06. Following any resubmittal of the specific plan application, the Planning Administrator shall be responsible for advising the applicant in writing within 30 days following the resubmittal of the application of any further changes necessary in order to bring the application into compliance with the provisions of this Section. The fai'We ef 05.06.03 Fees and Fees of Consultants Non-refundable Specific plan fees are required at the time of the filing of a plan application and are payable to the Town Glerk in accordance with the fee schedules adopted by Town Resolution. The Town may require, in addition to the fees above, that the applicant pay all or a portion of the reasonable fees charged by private consultants retained by the Town for the purposes of reviewing the proposed specific plan and advising Town officials and agencies with respect thereto. Title 5 - Zoning Pagc 13 of 132 Rcvised: 09/05 ()rd. 2003.16 & 2005.48 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE 05.06.04 Planning Commission Review A. Public Hearing. A public hearing on the proposed specific plan shall be held by the Planning Commission no later than 60 days following the applicant's submittal of a complete Specific Plan application in accordance with the provisions of Section 05.06.02 (G), unless a longer period is agreed to in writing by the applicant. B. Public Hearing Notice to Adjacent Property Owners. First -class GeFtified mail notification (F8tUFR FeGelpt Fnade te the MaFana Tewn Ha4)-shall be made by the property owner of the specific plan concurrently with the setting of the public hearing before the Planning Commission. The notice shall include at a minimum; a written notice of the availability on the proposed specific plan, b) a map and legal description covered by the proposed specific plan, c) that the proposed specific plan can be reviewed at the Marana Mu nicipal QonlDlexTown Hall, and d) time, date and location of the public hearing before the Planning Commission. Notice shall be sent to all the property owners of record within the distances described in section 10.04.01 The proposer of the specific plan shall provide the Planning Director AdmiRiStFatef--with a copy of the list and map used to notify the property owners per this section prior to undertaking the notification. C. Recommendation by Planning Administrator. Am% The Planning Administrator and the Town Engineer, along with appropriate staff anc.! any consultant retained by the Town for the purposes of reviewing the proposed specific plan and advising Town officials and agencies with respect thereto, shall jointly review the specific plan application for the purpose of formulating a written recommendation to the Planning Commission with respect to the proposed specific plan. The recommendation may include, among other factors, discussion of the following: 1 . conformance of the proposed specific plan with the Town of Marana General Plan and other applicable land use plans adopted by the Town; 2. assessment of the development capability report described in Section 05.06.02.D.; 3. analysis of the expected impact of the proposed development on the site and surroundings; and 4. special regulations necessary for the proposed specific plan. The written recommendation shall be prepared by and submitted to the Planning Commission by the Planning Administrator after consultation with the Town Engineer and the consultants, if any, retained by the Town to review the Specific Plan. D. Availability. The written recommendation to the Planning Commission prepared by the Planning Administrator shall be available for public inspection at least 10 days prior to the date of the Planning Commission public hearing. E. Public Notice Notice of the public hearing before the Planning Commission shall be given with at least 15 days notice in accordance with the provisions of Title 10.02. IM111 Title 5 - Zoning Pagc 14 of 132 Ruvised: 09/05 ()rd. 2003.16 & 2005.18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE F. Public Hearing. 1 After the proper public notice, the Planning Commission shall hold a public hearing on the application, at which interested parties shall be heard. 2. The Planning Commission shall recommend regulations necessary to protect the public health, safety and welfare, and may recommend regulations unique to the plan or specific instructions for plan administration. 3. The Planning Commission may continue the public hearing for its consideration of the proposed specific plan for a definite time not to exceed 30 days, unless a longer period is agreed to by the applicant in writing. The continuance may be agreed to by the applicant in writing. The continuance may be granted by the Planning Commission on its own initiative or at the request of the applicant or affected property owners. 4. WitWn 30 days fellowing the publiG heaFing, tThe Planning Commission shall transmit a written recommendation on the application to the Town Council in accordance with Paragraph A of Title 10.03. G. Superseding Effect. The provisions for this Title 05.06. shall supersede the provisions contained in Title 10.01. insofar as the provisions of Title 10.01. would otherwise apply to a rezoning of property to the Specific Plan Zone. 05.06.05 Town Council Review A. Public Notice. Public notice of the Town Council hearing shall be given in the same manner as described in Title 10.02. relating to the giving of notice of a public hearing by the Planning Commission. Public Hearing. After proper public notice, the Town Council shall hold a public hearing on the application, at which interested parties shall be heard. The publiG heaFiRg W be held b TOWR GE)URG*1 shall GGGUF Re jateF-??20 days following the appliGant's submittal ef a GOMplete SpeG;fiG p1aR appliGatien ffiR aGE;GFdaRGe with the PF9V*16iGRS of SeGtiGR 05.06.02.G., unless a leRgeF peFied is agFeed te iR WFitiRg by the appliGaRt. 2. The Town Council may continue the public hearing or its consideration of the proposed specific plan for a definite time not to exceed 30 days, unless a longer period is agreed to by the applicant in writing. The continuance may be granted by the Town Council on its own initiative or at the request of the applicant or affected property owners. 3. The Town Council may approve by ordinance the specific plan as submitted by the applicant or with amendments, deletions or additions which promote the public's health, safety, morals and general welfare, or the Town Council may deny the request. Title 5 - Zoning Pagc 15 of 132 Rcviscd: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NL-?RANA, ARIZONA LAND DEVELOPMENT CODE 05.06.06 Density Transfer A. The Planning Administrator in concurrence with the Planning Commission may permit the transfer of densities to more suitable locations within the specific plan provided: The locations and procedures for such transfers are explicitly stated within the specific plan; and 2. The overall density of the specific plan or individual planning area is not exceeded. B. The specific plan shall designate density donor and recipient areas within which density transfers are permitted. In areas adjacent to uses of similar or less intensity, appropriate buffer areas shall be delineated within an individual specific plan to be designated only as donor areas. 9-.C. The total number of units transferred to a recipient area shall not exceed 20% of the number of dwelling units established for the area; individual specific plans may establish a lower maximum transfer percentage. Any transfer greater than to Section 05.06.07. 05.06.07 Specific Plan Changes A. Scope All specific plans shall describe in sufficient detail the criteria and process for amendment, which shall be no less restrictive than the minimum requirements of this Section 05.06.07. B. Consistency All specific plan amendments shall be in substantial conformance with the remainder of the specific plan, with the Town of Marana General Plan and with other applicable land use plans that have been adopted by the Town. C. Procedure The owner or agent of the property may submit to the Planning Administrator a written application to amend one or more of the specific plan regulations; 2. The Planning Administrator shall refer the request to amend with his recommendations to the Planning Commission for noticed public hearing. The Planning Commission shall make its recommendation to the Town Council which after public hearing, shall approve, reject or modify the proposed amendment. D. Amendments Causing Land Use Changes No specific plan amendment shall cause the provisions contained in Title 05.03 of this Development Code relating to Significant Land Use Changes to become applicable to property which is regulated by an adopted specific plan. 05.06.08 Specific Plan Report A. Report The owner or agent for each adapted Specific Plan shall annually, within 30 days of the anniversary of the Specific Plan approval, submit a written report to the Town of Marana including, but not limited to, the past year's development activity, utility, sewer, water, Title 5 - Zoning 11age 16 of 132 AM% Rcvi?cd: 09/05 ()rd. 2003.16 & 2005.18 TOWN OF NURANA, ARIZONA I--kND DEVELOPMENT CODE eoN el"I" drainage and street improvement activities, changes in ownership structure, status of sales or leases to others and estimates for the upcoming year in the above categories. (Ord. 91.04, 5/91). 05.10 New Zones Established Subsequent to April 6, 1993, the Town of Marana established the zones, as amended listed below. These zone classifications will apply to all land zoned subsequent to this date. Title 5 - Zoning Pagc 17 of 132 R"-iscd: 09/05 ( W. 2003.16 & 2005.18 100) Title 5 - Zoning Page 18 of 132 Rcviscd: 09/05 ( ) rd. 2003.16 & 2005. 18 TOWN OF NL-kRANA, ARIZONA LAND DEVELOPMENT CODE 05.10-01 AG Agricultural A. Purpose The purpose of the Agricultural Zoning District is to protect and preserve agricultural lands and related activities in their present character. The intent of this zone is to protect agricultural lands from development of incompatible land uses and urban encroachment. In addition, the agricultural district is intended for general agricultural purposes, with appropriate single-family residences and customary buildings. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the AG zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the AG zone exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the AG zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Growing and harvesting of fields, trees or bush's including flowers; 3. Plant nurseries and green houses for the propagation, cultivation and distribution of plants produced on the premises; 4. Apiaries; 5. Aviaries; 6. Kennels; 7. Stables (public or private); 8. Riding arena, rodeo grounds (public or private, lighted or unlighted); 9. Raising of large and small livestock; 10. Raising of ratites; 11. Raising of fowl, rodents and swine; 12. Veterinary clinics (large or small); 13. Public parks and playgrounds; and, 14. Public schools. C. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling or allowable agricultural use, provided that any permanent building or structure shall be harmonious with the character of the neighborhood: 1 Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; Titic 5 - Zoning Pagc 19 of 132 Rcviscd: 09/05 ( )rd. 2003.16 & 2005.18 TOWN OF NU?R_ANA, ARIZONA LAND DEVELOPMENT CODE 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Corrals, barns and other animal-keeping structures; 6. Fences and walls; and, 7. Home occupations, with an approved Home Occupation Permit. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10. 10 of the Land Development Code 1 . Communication Facilities, subject to the requirements of Title 23; 2. Utility Facilities; 3. Government buildings and facilities when necessary for serving the surrounding region; provided, that no public business offices and no repair or storage facilities are maintained therein; 4. Veterinary clinics (small or large), pounds and shelters; 5. Cemeteries, crematories and mausoleums; 6. Dairies and feedlots; 7. Livestock Auction Yard 8. Public dog or horse track; _-Eftl 9. Zoo; 10. Accessory living quarters; 11. Modular Home; and, 12. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07. E. Temporary Uses 1 . Christmas tree lot; and, 2. Produce stand. F. Prohibited Uses 1 . All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; 4. Recreational vehicle parks and mobile home parks; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. 190) Title 5 - Zoning Pagc 20 of 132 Rcviscd: 09/05 Ord. 2003.16 & 2005.18 TOW,'N OF NL-?RANA, ARIZONA LAND DEVELOPMENT CODE G. Property Development Standards - Generally: Lot Area. The minimum lot size per dwelling unit shall be five (5) acres. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred seventy-five (175) feet. b. Depth. Lots shall have a minimum depth of two-hundred seventy-five (275) feet. 3. Minimum Front, Side and Rear Yards (Setbacks). a. The required front yard (setback) shall be a minimum of forty (40) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of sixty (60) feet. C. The required rear yard (setback) shall be a minimum of one-hundred (100) feet. I . Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 2. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. All two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Title 5 - Zoning Page 21 of 132 Rcviscd: 09/05 Ord- 2003.16 & 2005.18 TOWN OF M-ARANA, ARIZONA LAND DEVELOPMENT CODE (BLANK) 4"? "ON - Title 5 - Zoning Page 22 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MAR-ANA, ARIZONA LAND DEVELOPMENT CODE 05.10.02 RD-180 Rural Development A. Purpose The purpose of the Rural Development Zoning District is to protect and preserve the character and encourage orderly growth of rural areas within the Town. It is intended to encourage rural development in areas of the Town that are lacking in infrastructure for urban development and provide limited services to serve the immediate area. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the RD-180 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the RD-180 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the RD-180 zone, subject to the Development Standards contained in this section. 1 . One single-residence on any lot or parcel, site built or manufactured home; 2. Growing and harvesting of fields, trees or bushes including flowers; 3. Plant nurseries and green houses for the propagation, cultivation and distribution of plants produced on the premises; 4. Farm product stands for materials grown on-site; 5. Public parks and playgrounds; 6. Day care center; 7. Churches, synagogues, and other places of worship; 8. Group homes; 9. Public schools; 10. Raising of large and small livestock; 11. Raising of ratites; 12. Raising of fowl, rodents and swine; and, 13. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling or allowable agricultural use, provided that any permanent building or structure shall be harmonious with the character of the neighborhood: 1 Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; Title 5 - Zoning Page 23 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 5. Aviaries; 6. Kennels; 7. Stables, private; 8. Fences and walls; and, 9. Home occupations, with an approved Home Occupation Permit. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Communication Facilities, subject to the requirements of Title 23; 2. Public Stables; 3. Utility Facilities; 4. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 5. Veterinary clinics (small or large), pounds and shelters; 6. Cemeteries crematories and mausoleums; 7. Dairies and feedlots; 8. Riding arena, rodeo grounds (public or private, lighted or unlighted); 9. Livestock Auction Yard 10. Accessory living quarters; and, 11. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07. E. Temporary Uses (reserved) F. Prohibited Uses 1 . All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Apiaries; 4. Multiple dwelling units; and, 5. Recreational vehicle parks and mobile home parks. G. Property Development Standards - Generally: 1. Lot Area. The minimum lot size shall be one-hundred eighty thousand (180,000) square feet. Title 5 - Zoning Page 24 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred and seventy- five (175) feet. b. Depth. Lots shall have a minimum depth of two-hundred and seventy- five (275) feet. 3. Minimum Front, Side and Rear Yards (Setbacks). a. The required front yard (setback) shall be a minimum of forty (40) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of thirty (30) feet. C. The required rear yard (setback) shall be a minimum of fifty (50) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Title 5 - Zoning Page 25 of 132 Rmsed: 09/05 ( )rd. 2003.16 & 2005.18 Revised: 09/05 Title 5 - Zoning Page 26 of 132 Ord. 2003.16 & 2005.18 TOWN OF M-ARANA, ARIZONA 1--kND DEVELOPMENT CODE 05.10.03 R-144 Residential A. Purpose The purpose of this Zoning District is to protect existing and proposed rural and low density residential uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage large lot residential subdivisions and to allow for limited residential development in environmentally sensitive areas. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-144 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-1 44 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the R-144 residential zone, subject to the Development Standards contained in this section. 1 One single-family residential detached home of a permanent character placed in a permanent location; 2. Public parks and playgrounds; 3. Public schools. 4. Churches, synagogues, and other places of worship; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1 Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; Title 5 - Zoning Pagc 27 of 132 Reviscd: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 9. Model homes, within an approved subdivision; 10. Aviaries; 11. Riding arena, rodeo grounds (private, unlighted); 12. Keeping of large and small livestock; 13. Keeping of ratites; 14. Stables, private; and, 15. Corrals, barns, and other animal-keeping structures as accessory to a primary residential use. D. Conditional Uses 1. Plant nurseries and greenhouses; 2. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 3. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises; 4. Accessory living quarters 5. Communication facilities, subject to the requirements of Title 23; 6. Residential facilities for the disabled; 7. Modular Housing; 8. Riding arena, rodeo grounds (private, lighted) 9. Riding arena, rodeo grounds (public, lighted or unlighted); 10. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07; 11. Stables, public; 12. Kennels; 13. Keeping of rodents, fowl and swine; and, 14. Veterinary clinics (small or large). E. Temporary Uses 1 . Christmas tree lot and other seasonal sales; and, 2. Temporary sales offices may be granted for a three (3) year period or until all homes in a subdivision are completed, whichever occurs first. Extensions to the three (3) year time limit may be granted if the property owner can demonstrate that the need for the temporary sales offices and/or model homes continues to exist. Title 5 - Zoning Page 28 of 132 Rcvi,,cd: 09/05 Ord- 2003.16 & 2005.18 "ON TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE F. Prohibited Uses 1 . All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; and, 4. Recreational vehicle parks and mobile home parks. G. Site Development Standards: The property development standards set forth in this section shall apply to all land, structures and buildings in the R-144 zone. 1. Lot area. The minimum lot size shall be one-hundred forty-four thousand (144,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred seventy-five (175) feet. b. Depth. Lots shall have a minimum lot depth of two-hundred (200) feet. 3. Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (Setback) shall be a minimum of forty (40) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of fifty (50) feet. C. The required rear yard (setback) shall be a minimum of fifty (50) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. Title 5 - Zoning Page 29 of 132 Reviscd: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. ,'IN Title 5 - Zoning Page 30 of 132 Rcviscd: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 05.10.04 R-80 Residential A. Purpose The purpose of this Zoning District is to protect existing and proposed rural and low density residential uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage large lot residential subdivisions and to allow for limited residential development in environmentally sensitive areas. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-80 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-80 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the R-80 residential zone, subject to the Development Standards contained in this section. 1 . One single-family residential detached home of a permanent character placed in a permanent location; 2. Public parks and playgrounds; 3. Public schools; 4. Churches, synagogues, and other places of worship; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1 Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; Title 5 - Zoning Page 31 of 132 Itevi,ed: 09/05 Ord. 2003.16 & 2005-18 TOW'N OF NIARANA, ARIZONA LAND DEVELOPMENT CODE 9. Model homes, within an approved subdivision; 10. Aviaries; 11. Keeping of small and large livestock; 12. Keeping of ratites; 13. Keeping of fowl, rodents and swine; 14. Riding arena, rodeo grounds (private, unlighted); 15. Stables, private; and, 16. Corrals, barns, and other animal-keeping structures as accessory to a primary residential use. D. Conditional Uses 1 . Plant nurseries and greenhouses; 2. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 3. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises ; 4. Accessory living quarters; 5. Residential facilities for the disabled; 6. Communication facilities, subject to the requirements of Title 23; 7. Modular housing; 8. Riding arena, rodeo grounds (private, lighted); 9. Riding arena, rodeo grounds (public, lighted or unlighted); and, 10, Residential facilities for non-permanent occupancy including only bed and breakfast establishments. E. Temporary Uses 1 . Christmas tree lot and other seasonal sales; and, 2. Temporary sales offices may be granted for a three (3) year period or until all homes in a subdivision are completed, whichever occurs first. Extensions to the three (3) year time limit may be granted if the property owner can demonstrate that the need for the temporary sales offices and/or model homes continues to exist. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; and, 4. Recreational vehicle parks and mobile home parks. Title 5 - Zoning Page 32 of 132 Revised: 09/05 Ord. 2003-16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE G. Site Development Standards: The property development standards set forth in this section shall apply to all land, structures and buildings in the R-80 zone. Lot area. The minimum lot size shall be eighty-thousand (80,000) s quare feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred twenty (120) feet. b. Depth. Lots shall have a minimum lot depth of two-hundred (200) feet. 3. Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of thirty (30) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be forty (40) feet. b. The required side yard (setback) shall be a minimum of thirty (30) feet. C. The required rear yard (setback) shall be a minimum of forty (40) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. Title 5 - Zoning Pagc 33 of 132 Rcvi,?cd: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE 8. Underground Utilities. All on-site utilities shall be placed underground on the site. "ON I Title 5 - Zoning Page 34 of 132 Revised: 09/05 Ord. 2003-16 & 2005.18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE 05.10.05 R-36 Residential A. Purpose. The R-36 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-36 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-36 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-36 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1 Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations,. with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; 9. Model homes, within an approved subdivision; Title 5 - Zoning Page 35 of 132 Revised: 09/05 Ord. 2003.16 & 2005-18 TOWN OF NL-?RANA, ARIZONA LAND DEVELOPMENT CODE 10. Keeping of large and small livestock on parcels one acre or greater; 11. Stables, private; and, 12. Riding arena, rodeo grounds (private, unlighted). D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10. 10 of the Land Development Code. 1 . Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 3. Group homes; 4. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 5. Aviaries; 6. Riding arena, rodeo grounds (private, lighted); and 7. Keeping of rodents and fowl. E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-36 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-36 zone. 1. Lot area. The minimum lot size shall be thirty-six thousand (36,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of thirty (30) feet. b. The required side yard (setback) shall be a minimum of fifteen (15) feet, with a street side yard (setback) having a minimum of twenty (20) feet. C. The required rear yard (setback) shall be a minimum of forty (40) feet. Title 5 - Zoning Page 36-of 132 Rmsed: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the review and approval of the Town Council, subject to the process and requirements found in Section 8.05. 6. Building Mass. Any structure over two-stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Title 5 - Zoning Page 37 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOVVN OF MARANA, ARIZONA LAND DEVELOPMENT CODE (BLANK) ,'ON Title 5 - Zoning Page 38 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE 05.10.06 R-20 Residential A. Purpose. The R-20 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-20 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-20 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-20 single-family residential zone, subject to the Development Standards contained in this section. 1 . One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1 Detached accessory structures, such as too[ sheds, patios and cabanas, non- commercial hobby shops, guest hose, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, 9. Model homes, within an approved subdivision. Rcviscd: 09/05 Title 5 - Zoning Pagc 39 of 132 Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10. 10 of the Land Development Code. 1 . Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 2. Day care center; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; 5. Accessory living quarters; and, 6. Aviaries. E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision. F. Prohibited Uses. Uses prohibited in the R-20 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-20 zone. 1. Lot area. The minimum lot size shall be twenty thousand (20,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of twenty-five (25) feet, except where garages open or face directly onto an abutting street in which case thb garage setback shall be a minimum of thirty feet (30). b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of ten feet. C. The required rear yard (setback) shall be a minimum of twenty (20) feet. Title 5 - Zoning Pagc 40 of 132 Oft Rcviscd: 09/05 ()rd. 2003.16 & 2005.18 TOW'N OF MARANA, ARIZONA LAND DEVELOPMENT CODE 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be fifteen (15) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. C. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Building Mass. Any structure over two-stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. Underground Utilities. All on-site utilities shall be placed underground on the site. Title 5 - Zoning Page 41 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOk-VN OF MARANA, ARIZONA LAND DEVELOPMENT CODE (BLANK) 'Is I Title 5 - Zoning Page 42 of 132 Rcviscd:09/05 Ord. 2003.16 & 2005.18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE 05.10.07 R-16 Residential A. Purpose. The R-16 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-16 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-1 6 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-16 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1 Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. - Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and 9. Model homes, within an approved subdivision. Title 5 - Zoning 11a,,c 43 of 132 Revised: 09/05 Ord. 2003-16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; and, 5. Aviaries. E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-16 district are as follows: 1. All commercial and business uses, except those specifically permitted; and 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-16 zone. 1. Lot area. The minimum lot size shall be sixteen thousand (16,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of eighty-five (85) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of Twenty (20) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of twenty-five (25) feet. b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of fifteen (15) feet. C. The required rear yard (setback) shall be a minimum of twenty (20) feet. A% AW% 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be fifteen (115) feet. Title 5 - Zoning Page 44 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MARANA,ARIZONA LAND DEVELOPMENT CODE b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. C. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. eo?" Title 5 - Zoning Page 45 of 132 rd. 2003 ? 16 & 2005.18 Revisc& 09/05 TOWN OF NMRANA, ARIZONA LAND DEVELOPMENT CODE (BLANK) Title 5 - Zoning Page 46 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NL?RANA,ARIZONA LAND DEVELOPMENT CODE 05.10.08 R-12 Residential A. Purpose. The R-12 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-12 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-1 2 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-12 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1 Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, 9. Model homes, within an approved subdivision. Title 5 - Zoning Page 47 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1 . Day care center; 2. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; and, 4. Group homes; E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-12 district are as follows: 1. All commercial and business uses, except those specifically permitted; 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-1 2 zone. 1. Lot area. The minimum lot size shall be twelve thousand (12,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of eighty (80) feet. b. Depth. Lots shall have a minimum depth of ninety-five (95) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of twenty (20) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of twenty-five (25) feet. b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of fifteen (15) feet. C. The required rear yard (setback) shall be a minimum of twenty (20) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. Title 5 - Zoning Page 48 of 132 Ruvi"ed: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA I-AND DEVELOPMENTCODE b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. C. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. /01?1 Title 5 - Zoning Page 49 of 132 Revi?ed: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE (BLANK) I Title 5 - Zoning Page 50 of 132 Revised: 09/05 Ord- 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 05.10.09 R-10 Residential A. Purpose. The R-1 0 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-10 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-10 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-10 single-family residential zone, subject to the Development Standards contained in this section. 1 . One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; and, 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1 Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, Title 5 - Zoning Page 51 of 132 Rcviscd: 09/05 Or& 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; and, 4. Group homes; E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-1 0 district are as follows: 1. All commercial and business uses, except those specifically permitted; 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-10 zone. 1. Lot area. The minimum lot size unit shall be ten thousand (10,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of seventy-five (75) feet. b. Depth. Lots shall have a minimum depth of ninety-five (95) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty-five percent (35%) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty feet or greater. b. The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten feet. C. The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum twenty Title 5 - Zoning Page 52 of 132 Rmsed: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NUU-ANA, ARIZONA LAND DEVELOPMENT CODE (20) feet, the rear yard (Setback) shall be increased one (1) foot for each foot of decrease, but shall not be required to be over twenty-five (25) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. C. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. el?' Title 5 - Zoning Page 53 of 132 Rmsed: 09/05 Ord. 2003.16 & 2005-18 TOWN OF MAR-ANA, ARIZONA LAND DEVELOPMENT CODE (BLANK) N 100S Title 5 - Zoning Pagc 54 of 132 Revi.,ed: 09/05 Ord. 2003-16 & 2005.18 TOWN OF NIAKANA, ARIZONA I-AND DEVELOPMENT CODE 05.10.10 R-8 Residential A. Purpose. The R-8 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-8 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-8 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-8 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, Title 5 - Zoning Page 55 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10. 10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; and, 3. Group homes; E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-8 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-8 zone. 1. Lot area. The minimum lot size shall be eight thousand (8,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of seventy (70) feet. b. Depth. Lots shall have a minimum depth of ninety (90) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) 14% a. The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty-five percent (35%) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty feet or greater. b. The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten (10) feet. C. The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum twenty (20) feet, the rear yard (setback) shall be increased one (1) foot for each foot of decrease, but shall not be required to be over twenty-five (25) feet. Title 5 - Zoning Page 56 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MAKANA, ARIZONA LAND DEVELOPMENT CODE 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. C. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. Title 5 - Zoning Page 57 of 132 Reviscd: 09/05 Ord. 2003-16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE (BLANK) 100) "ON Title 5 - Zoning Page 58 of 132 Revised:09/05 Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA LAND DEVELOPMENTCODE 05.10.11 R-7 Residential A. Purpose. The R-7 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-7 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-7 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-7 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1 Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, Title 5 - Zoning Pagc 59 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NLkRANA, ARIZONA LAND DEVELOPMENT CODE 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; and, 3. Group homes; E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-7 district are as follows: 1. All commercial and business uses, except those specifically permitted; 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-7 zone. 1. Lot area. The minimum lot size shall be seven thousand (7,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of sixty (60) feet. b. Depth. Lots shall have a minimum depth of eighty-five (85) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty-five percent (35%) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty feet or greater. b. The required side yard (setback) shall be a minimum, of five (5) feet, with a street side yard (setback) having a minimum of ten (10) feet. The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum twenty (20) feet, the rear yard (setback) shall be increased one (1) foot for each foot of decrease, but shall not be required to be over twenty-five (25) feet. Title 5 - Zoning Page 60 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA L,AND DEVELOPMENT CODE 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. C. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. Title 5 - Zoning Page 61 of 132 Rcvi?,ed: 09/05 Ord. 2003.16 & 2005.18 TOWN OF W?RANA, ARIZONA LAND DEVELOPMENT CODE (BLANK) "WL Title 5 - Zoning Pagc 62 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF MAR-ANA, ARIZONA LAND DEVELOPMENT CODE 05.10.12 R-6 Residential A. Purpose. The R-6 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-6 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-6 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-6 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Ho?ne Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, Title 5 - Zoning Page 63 of 132 Revi,,cd: 09/05 Ord. 2003.16 & 2005.18 TOWN OF Pv1ARANA, ARIZONA LAND DEVELOPMENT CODE 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; and, 3. Group homes. E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-6 district are as follows: 1. Commercial uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-6 zone. Lot area. The minimum lot size shall be six thousand (6,000) square feet., Lot dimensions. a. Width. Lots shall have a minimum width of fifty-five (55) feet. b. Depth. Lots shall have a minimum depth of eighty (80) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty-five percent (35%) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty feet or greater. b. The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten (10) feet. C. The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum twenty (20) feet, the rear yard (setback) shall be increased one (1) foot for each foot of decrease, but shall not be required to be over twenty-five (25) feet. Title 5 - Zoning Page 64 of 132 Revised: 09/05 Ord. 2003-16 & 2005.18 TOXY,,'N OF NIARANA, ARIZONA LAND DEVELOPMENT CODE 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. C. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. Title 5 - Zoning Page 65 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE (BLANK) Title 5 - Zoning Page 66 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NIAR-ANA, ARIZONA LAND DEVELOPMENT CODE 05,10.13 .___ R-3.5 RgaidejAW A. Purpose. The R-3.5 single-family residential zone is primarily intended as an affordable, comA= medium-high densily_oeia?r district. The district shall contain small-M sin homes in-dIp-raUach i not more than one dwel.ling and customa[y accesso building upon an individual lot, with a variety housim.-sizes and containing a d6ion. - To ensure high-quality. well. designed Aevelopment. the alteirlafiye neigbbQrhood and residential design plan-standards set forth in SectiQn 8.06 shall ap "I Except as specifically provided elsewhere in the Land Development. Code. any and every building and premises or land in the R-3.5 zqi?e -sha-11 be-used-for o??j_ed.. building shall be erected. constructed, established. altered, enlarge-d- maintained, mQv-ed into or within the R-3.5 zQoe. exclusovely and rdance with the regulafio? fQrth-in this Section. B. Permitt d Uses. Tbe following shall be permitted in th-e R-3.5 single-family residential zone, submect to the =p n ?n ?r ?i ?n DeveLp 1 . permanent locatiam 2. Churches.. -synagogues, and other places of worship; 3. Pu r 4. Public schools- 5. Us-es similar to those li5ted above in. this section. as determined by the D i rB c1m. C. Uses. b-u til-d i a - - a b Residential Accessory Uses -n The following accessory? gs and uses m Y located on the same lot with a Q Aing. prQvid d that any.permanent..building or structure shall b-e harmonious with the architectural styLe_p[_the_.main building-and further prQvided that al? residential accessory uses are compatible with the residentia-1 character of the neigbbpihQp_d_ 1 Detached accessory structures, such as tool sheds, patios. and cabanas. non commercial hobby shops. childEen's.pj _' I Q.? 2. Swimming pools. spas. and related structums; 3. Garage, carport or enclosed storage* 4. sports couts. unlighted; 5. Fences and walls* 60 7. homeowner's associaligo-for a-si2er-ific subdivision; Title 5 - Zoning Page 6-7 of 132 Reviscd: 09/05 Ord. 2003.16 & 2005. t 9 TOWN OF NL-?RANA, ARIZONA LAND DEVELOPMENT CODE Community identification. entry mo-numents. community de5-Lqp--e1-emen n Aa_a_ d other enhancements c6mmon to a homeowner'? association. arnA-designed for a specific subdivision: and, Model homes, within an approved subdivision. Conditional Uses, The following may be permitted subiect to Conditional Use Permits prQvided for in Section 10.10 of the Land Qeve??M nt Code. 1. Day care cen er. A - 2. Private schoola;-a?n 3. Group homes. E. Temporary Uses, The following may-b-e-permitted for a specified time period. subpect to Seglion 09.01: Temporary sales trailer, within an approved subdits? F. Prohibited U-5-m Uses prohibited in.the R-3.5 district are as f-Q-IIQ-w-s-. 1. Commercial uses, except those specifically permitte?d* and, 2. Industrial uses. G. Property development -standards-G The property development standards set forth in this, section shall apply to all land, structures and buildin?iin the R-3.5 zQnB 1. LoLarea? The minimum lot size shall be thirty-five hundred-(3,500) square feet. 2. Lot dimensiom c. Width. Lots shall have a minimum width of thirty-five (35) feet. d. Depth. LQ1,5 shall have a minimum depth of seventy-five (75? 3 Minimum Front, Side and Rear Yards a. T recessed ten feet or more from the livable portion of the dwe setbacks may be reduced to ten feet, except where gara face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of fifty percent (50% of the lots may have a reduced setback, with the balance of tb-e-s-e-?k being twenty fe t or greater. b. The required side yard (sptbackLshall be a min-imum of fivpA5j=fggL with a street side vard (setback) havina a minimum-of ten (10) feet C. The required rear yard (setback) shall be a minimum of ten (10 f Title 5 - Zoning Page 68 of 132 Revised: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NIARANA, ARIZONA LAND DENTELOPMENT CODE 4. -Building Separation (Distance Between Structures/Buildings) a. Attac-hed Patio Structures: A...minimurn aetback of five (5) feeLshall be iined from the rear and aid"roperty lines for a pabb--s "rcture that aLe-=en and unenclosed on three (3) ..sides, a5 measured to be aLruccwre. 5. B ' ' iahts. Buildings and structures erected in this zone shall ..have a height not greater than. two-storJea or thirty (30) feet, 6. -Lot Covera The maximum allowable lot coverage by buildings and structures shaL-nW exceed seventy-five perceal (75%) of-th-eAGtal lol3ur-e-a- 7. Underaround Utilities, All on-site utilities shall be placed un.derground..Qn the site. 8. M=q%Lmqpt=p=yye11ina5. No more than 60 percent (60%) of the homes may be two "tries. 9. LQ9anom ow., This district shall be 10cated in ar_e_as where neighborhood.shopping, schools. parks and/or other community sefyic( ?.,d or existing within Qn-e--baff mL1 p- too,," Title 5 - Zoning Pagc 69 of 132 Rcvi,,cd: 09/05 Ord. 2003.16 & 2005.18 10) IOON Title 5 - Zoning ll,.Igc 70 of 132 Revised: 09/05 ()rd. 2003.16 & 2005.18 TOV'N OF NIARANA, ARIZONA LAND DEVELOPMENT CODE 05.10.1408 MR-2 Multi-Family (Med/High Density) A. Purpose: The MR-2 zone provides for and encourages development of multiple residence dwellings which include varied project amenities. The intent of the district is to permit medium-high density urban development with a mixture of similar intensities. B. Location: The MR-2 district should be located in Village Core areas, with direct frontage along arterial streets as defined in the Marana General Plan. It is not the intent of the MR-2 zone to "buffer" non-residential uses, but rather, to provide a housing type needed within the community when public and private facilities are available to serve the higher residential density such as public and private transportation systems, commercial services, and recreational facilities. C. Permitted Uses: Property zoned MR-2 may be used for multi-family residential projects. D. Accessory Uses: 1 . Fences and walls; 2. Carports and garages; 3. Swimming pools and recreation buildings which are part of the multi-family development; 4. Tennis courts, provided they have no lighting; 5. Other similar recreation facilities as may be determined by the Planning Administrator. E. Conditional Uses: 1 . Public and private schools; 2. Parks; 3. Public utility facilities required for local service, provided that there are no offices, maintenance facilities, outdoor storage, or any full-time employees related to the site; 4. Day care facilities; 5. Churches, provided they are located on the intersection of two arterial streets or one collector and one arterial street; 6. Single family housing as provided in the R-6 zone. F. Temporary Uses (Reserved) G. Prohibited Uses (Reserved) H. Development Standards: 1 . The parcel area required per unit decreases with the increase in the number of dwelling units as follows: a. 2-4 residential units 4,000 sq. ft. per dwelling unit b. 5-8 residential units 3,500 sq. ft. per dwelling unit C. 9 or more residential units - 2,175 sq. ft. per dwelling unit Title 5 - Zoning Page 71 of 132 Rcvi,cd: 09/05 (W. 2003.16 & 2005.18 TOWN OF INIARANA, ARIZONA LAND DEVELOPMENT CODE 2 3. 4. 5. 6. 7. 8. 9. 10. Parcels of five acres or larger shall be at a maximum density of twenty dwelling units per net acre. Minimum lot area: 6,000 sq. ft. Minimum lot width: 60 feet. Minimum lot depth: 90 feet. Minimum perimeter setback: 20 feet, except setbacks shall increase one foot for each foot of height in excess of 20 feet. Maximum structure height: 30 feet. Maximum percent of lot coverage: 50 percent. Minimum common open space: 30 % of the site excluding parking areas and drive areas. Minimum private open space per dwelling unit, either patio or balcony, or combination thereof: 100 sq. ft. (Ord. 93.9, 8/93). Title 5 - Zoning Page 72 of 132 Reviscd: 09/05 ()rd. 2003.16 & 2005.18 TOWN OF NL-?RANA, ARIZONA LAND DEVELOPMENT CODE 05.10.0915 MR-1 Multi-Family (High Density) A. Purpose: The MR-1 zone provides for and encourages development of multiple residence dwellings which include varied project amenities. The intent of the district is to permit high density urban development with a mixture of similar intensities. B. Location: The MR-1 district should be located in Village Core areas with direct frontage along arterial streets as defined in the Marana General Plan. It is not the intent of the MR-1 zone to "buffer" non-residential uses, but rather, to provide a housing type needed within the community when public and private facilities are available to serve the higher residential density such as public and private transportation systems, commercial services, and recreational facilities. C. Permitted Uses: Property zoned MR-1 may be used for multi-family residential projects. D. Accessory Uses: 1 . Fences and walls; 2. Carports and garages; 3. Swimming pools and recreation buildings which are part of the multi-family development; 4. Tennis courts, provided they have no lighting; 5. Other similar recreation facilities as may be determined by the Planning Administrator. E. Conditional Uses: 1 . Public and private schools; 2. Parks; 3. Public utility facilities required for local service, provided that there are no offices, maintenance facilities, outdoor storage, or any full-time employees related to the site; 4. Day care facilities; 5. Churches, provided they are located on the intersection of two arterial streets or one collector and one arterial street; 6. Single family housing as permitted in the R-6 zone. F. Temporary Uses: (Reserved) G. Prohibited Uses: (Reserved) H. Development Standards: 1 The parcel area required per unit decreases with the increase in the number of dwelling units as follows: a. 2-4 residential units 4,000 sq. ft. per dwelling unit; b. 5-8 residential units 3,500 sq. ft. per dwelling unit; C. 9 or more residential units -- 1,500 sq. ft. per dwelling unit. Title 5 - Zoning Page 73 of 132 Revised: 09/05 ()rd. 2003.16 & 2005.18 TOWN OF NLNR.ANA,,\RIZONA E?ND DEVELOPMENT CODE 2. Parcels of five acres or larger may be at a maximum density of thirty dwelling units per net acre. 3. Minimum lot area: 43,560 sq. ft. 4. Minimum lot width: N/A 5. Minimum lot depth: N/A 6. Minimum perimeter setback: 20 feet, except setbacks shall increase one foot for each foot of height in excess of 20 feet. 7. Maximum structure height: 40 feet. 8. Maximum percent of lot coverage: 55 percent. 9. Minimum common open space: 25% of the site excluding parking areas and drive areas. 10. Minimum private open space per dwelling unit, either patio or balcony, or combination thereof: 75 sq. ft. (Ord. 93.10, 7/93) 00's Title 5 - Zoning Page '4 of 132 Revised: 09/05 ( )rd. 2003.16 & 2005-18 TOWN OF NL-??-\NA, ARIZONA LAND DEVELOPMENT CODE 05.10.106 RV Recreation Vehicle A. Purpose The purpose of the Recreational Vehicle (RV) zone is to provide for the development of parks which rent spaces or which provide subdivided lots for sale, catering to the special needs of recreational vehicle environments and lifestyles within the Town of Marana. B. Location All recreational vehicle developments shall comply with the Town of Marana General Plan. In addition, recreational vehicle developments shall abut a major arterial paved all-weather street meeting Town of Marana standards. C. Permitted Uses The following uses are permitted within the recreational vehicle (RV) zone: 1. Recreational vehicle parks with one recreational vehicle per rental space. 2. Recreational vehicle subdivisions with one recreational vehicle per lot. D. Accessory Uses 1 . Accessory uses appurtenant to recreational vehicle parks include community recreation buildings, facilities, and areas, laundry facilities, manager's office and apartment, child care facilities, and similar accessory uses for the exclusive benefit of the park or subdivision residents. 2. Accessory uses appurtenant to individual recreational vehicles include carports, ramada, cabana, covered patio, storage room and similar uses. Accessory buildings shall not be used for regular occupancy or for sleeping. 3. Other customary accessory uses and buildings as may be determined by the Planning Administrator which are incidental to the principal use and do not include any activity commonly conducted as a business. However, the occasional sale of a recreational vehicle, motor vehicle, or trailer on a lot on which the seller resides shall not be considered a business. E. Conditional Uses 1 A boat, auto, or trailer storage area, provided they are in a completely enclosed area surrounded by not less than a 6 foot fence or wall, completely screened from view from all sides. 2. Recreational uses intended primarily for the occupants of the park or subdivision, including golf courses and related facilities. 3. Model sales area, provided not more than five (5) spaces are devoted to this use, and not to exceed 12 months, unless an extension is granted by the Planning Commission. The Commission may allow an additional sales area where the park or subdivision occupies more than 100 acres. 4. Convenience market. 5. Restaurant, provided the recreational vehicle park or subdivision contain not less than 500 recreational vehicle spaces or lots. 6. Vehicle wash - Title 5 - Zoning Page 75 of 132 Rcvi,,cd: 09/05 Ord. 2003.16 & 2005.18 TOWN OF NL-?UNA, ARIZONA LAND DEVELOPMENT CODE 7. Mini-storage area, not to exceed one storage unit per 20 recreational vehicle spaces or lots. 8. One recreational vehicle may be installed per lot on a commercial or industrial parcel or lot, provided a minimum set back of at least 20 feet from all other structures is provided. This provision is principally intended to allow for a caretaker on a commercial or industrial complex. When provided, the unit shall be entirely screened, and meet all development standards, as applicable, listed below. The Planning Commission shall approve the final site plan. 9. Any use not appearing in this section which may be permitted by the Planning Administrator, and which shall be primarily for the residents of the park or subdivision. F. Temporary Uses Temporary construction buildings and yards during the actual construction and development of the recreational vehicle park or subdivision, and sales offices, not to exceed eighteen (18) months, unless active construction is ongoing, in which case the Planning Administrator may grant an additional six (6) month increments upon finding that active construction is still on-going and necessary. G. Prohibited Uses (Reserved) H. Site Development Standards 1 . Minimum Project Size: 5 acres 2. Minimum Project Setback: 20 feet from all street frontages measured from the right-of-way line. This setback shall be fully landscaped and screened, and may include a perimeter masonry decorative wall and which shall contain a minimum of 15 gallon trees per 40 lineal feet of street frontage, with 65% vegetative cover in shrubs and groundcover on the exterior of the wall. The landscape and screening plan shall be approved by the Planning Administrator. Refer to Title 17 Landscape Requirements for further requirements. (part. Ord. No. 97.07, 3/97). 3. Parks or subdivisions: a. Minimum lot size per rental unit: 1,750 sq. ft., with a minimum average lot size of 2,000 sq. ft. b. Maximum density: 15 units per net acre, excluding streets and drives. C. Minimum common recreation area per unit: 150 sq. ft. d. Minimum width per space: 35 feet e. Minimum depth per space: 50 feet f. Minimum distance between units (exterior of all structures, drives and accessory structures): 7 feet 9. Minimum front yard: 7 feet h. Minimum rear yard: 5 feet i. Setbacks declared a minimum. No encroachment or variance shall be allowed within five (5) feet of the front, side or rear lot or space line required setbacks unless the building, structure, or other appurtenance Title 5 - Zoning Page 76 of 132 Rcviscd: 09/05 ()rd. 2003.16 & 2005.18 TO\VN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE meets the Uniform Building Code requirements for a minimum two (2) hour fire wall rating. Setbacks established above are determined the minimum necessary for the public health, safety and general welfare. j. Detached storage buildings not exceeding one hundred twenty (120) square feet in area are permitted on each recreational vehicle space. All storage buildings shall be located in the rear of the recreational vehicle space. Detached storage buildings shall not encroach into the required setbacks without a variance, and subject to the fire wall requirements set forth above. k. Certain accessory structures, which are complimentary to individual recreational vehicles and park models (i.e. covered carports, patio awnings, ramadas, storage buildings, and room additions) which are made an integral part of and are architecturally compatible with the recreational vehicle or park model itself may be permitted by the Planning Administrator, after review of plans assuring the required compatibility, and provided, further, that the owner/developer of the park or subdivision has provided sufficient setbacks to meet the requirements of paragraph "i" above. 4. Common Recreation Area shall be provided both in recreational vehicle parks and subdivisions. Common Recreation Areas shall be owned and maintained by a property owner's association where a recreational vehicle subdivision is developed. Plans for the common recreation areas shall be approved by the Town of Marana, and shall include facilities and equipment for both adults and children. Public or private streets, vehicle storage areas, exterior boundary landscaped areas and other areas shall not be included when calculating required recreational areas. 5. Access to all lots or spaces shall be from the interior of the park or subdivision. 6. Private streets shall be a minimum paved width of twenty-eight feet (28') including required curbs when flush with the surface of the paving. Concrete sidewalks at least two feet (2') in width shall be provided on each side of interior private streets. The Planning Administrator may permit a four foot (4') sidewalk on one side of an interi6e street where deemed desirable. 7. The maximum height of any habitable structure shall not exceed twenty (20) feet. All other structures shall not exceed fifteen (15) feet in height. 8. All structures that are located on non-manufactured home spaces or lots shall not exceed thirty-five (35) feet in height from grade to the highest point on the roof. 9. All utility lines shall be placed underground within the park or subdivision. Each lot shall be provided with water, sanitary sewer, electric lines, telephone lines and gas lines, as needed, in compliance with applicable Town codes. Fire hydrants shall be installed as required by the Planning Administrator. 10. All parks or subdivisions shall have street lighting provided along private or public streets for the safety of pedestrians, and as required by the Planning Administrator. Title 5 - Zoning Revised: 09/05 11agc :' 7 of 132 U. 2003.16 & 2005.18 TOWN OF [\L-WLNA,ARIZONA LAND DEVELOPMENT CODE 11. All parks or subdivisions shall have refuse collection areas approved by the Planning Administrator. All such refuse collection areas shall be screened from public view. 12. All parks or subdivisions shall have a minimum of two vehicular entrances. One entrance may be kept closed to the general public, but is required to meet public safety standards. 13. All parks and subdivisions shall improve, to Town standards, and dedicate any abutting public street and shall dedicate all interior easements and drives for utilities and public service vehicles where required by the Planning Administrator. (Ord. 94-18, 12/94) I 10) Title 5 - Zoning I)qgc 78 of 132 Rcvi?cd: 09/05 W. 2003.16 & 2005.18 TOXVN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE 05.10.147 MH Manufactured Housing A. Purpose The purpose of the Manufactured Housing (MH) zone is to provide for the development of parks and subdivided lots for sale that cater to the special needs of the manufactured home environment and lifestyle within the Town of Marana. B. Location All manufactured housing developments shall comply with the Town of Marana General Plan. In addition, manufactured housing developments shall not be placed within the airport environs of any airport within the Town. All manufactured home developments shall be served by paved all- weather roads meeting Town of Marana standards. C. Permitted Uses The following uses are permitted within the MH zone: 1. Manufactured housing parks with one manufactured home per rental space. 2. Manufactured housing subdivisions with one manufactured home per lot. D. Accessory Uses 1 Accessory uses appurtenant to manufactured housing parks include community recreation buildings and areas, accessory parking areas, laundry facilities, manager's office and apartment, child care facilities and other similar accessory uses for the exclusive benefit of the park or subdivision residents. 2. Accessory uses appurtenant to the individual manufactured home, include carports, ramada, cabana, covered patio, storage room and similar uses. Accessory buildings shall not be used for regular occupancy or sleeping. 3. Other customary uses and buildings as may be determined by the Planning Administrator, which are incidental to the principal use and do not include any activity commonly conducted as a business. However, the occasional sale of a manufactured home, motor vehicle or trailer on a lot on which the seller resides shall not be considered a business. E. Conditional Uses 1. A boat or trailer storage area, provided they are in a completely enclosed area surrounded by not less than a 6 foot fence or wall, and completely screened from view from all sides, and only for the residents of the park or subdivision. Chainlink fences with slat inserts are not acceptable in fulfilling this fencing requirement. 2. Recreational uses intended primarily for the occupants of the park or subdivision, including golf courses and related facilities. 3. Model home area of up to five (5) manufactured homes, but only as part of a manufactured home subdivision, and provided at least 100 lots are subdivided or rental spaces provided. 4. Any use not appearing in this section which may be permitted by the Planning Administrator, and which shall be primarily for the residents of the park or the subdivision. Title 5 - Zoning Page 79 of 132 Iteviscd: 09/05 )rd. 2003.16 & 2005.18 TOWN OF I\L-?RANA, ARIZONA LAND DEVELOPMENT CODE 5. One mobile home may be installed per lot on a commercial or industrial parcel or lot, provided a minimum setback of at least 20 feet from all other structures is provided. This provision is principally intended to allow for a caretaker on a commercial or industrial complex. When provided, the unit shall be entirely screened, and meet all development standards, as applicable, listed below. The Planning Commission shall approve the final site plan. F. Temporary Uses G. Temporary construction buildings and yards during the actual construction and development of the park or subdivision, and sales office, not to exceed 18 months unless active construction is ongoing at the end of the 18 month period, in which case the Planning Administrator may grant additional six (6) month increments upon finding that active construction is still on-going and is necessary for the continued development of the park or subdivision. H. Prohibited Uses (Reserved) 1. Site Development Standards 1 . Minimum Project Size: 10 acres ,A% 2. Minimum Project Setbacks: 20 feet from all street frontages measured from the right-of-way line. This setback shall be fully landscaped and screened, and may include a perimeter decorative masonry wall. The setback area shall also contain a minimum of 1 tree, not less than 15 gallons, per 40 lineal feet of street frontage, with 65% vegetative cover in shrubs and groundcover on the exterior side of the wall. The landscape and screening plan shall be approved by the Planning Administrator. Refer to Title 17 Landscape Requirements for further requirements. No off-street parking facilities or recreational facilities for common use shall be located in any such required exterior yard. (part. Ord. No. 97.07, 3/97). 3. Parks and subdivisions: a. Minimum lot size per rental unit or lot: 5000 sq. ft. b. Maximum density: 8 units per net acre. C. Minimum common recreation area per park or subdivision space: 250 sq. ft. A homeowners association shall be established in manufactured home subdivisions to own and maintain the park/open space as may be approved by the Town of Marana. d. Minimum width per space: 55 feet. e. Minimum depth per space: 90 feet. f. Minimum setback between units (exterior of all structures, drives, and accessory structures): 10feet. 9. Minimum front-yard setback: 20 feet. h. Minimum rear-yard setback: 25 feet. i. Minimum common recreation area per rental or subdivision space: 250 sq. ft. A"S Title 5 - Zoning Pa',,c 80 of 132 Revised: 09/05 ( W. 2003.16 & 2005. 18 TOWN OF NLkRANA, ARIZONA LAND DENTELOPMENT CODE Setbacks Declared a Minimum. No encroachment or variance shall be allowed within five (5) feet of the front, side, or rear yard lot or space line, unless the building, structure, or other appurtenance meets the Uniform Building Code requirements for a minimum two (2) hour fire wall rating. Setbacks established above are determined the minimum necessary for the public health, safety, and general welfare. Detached storage buildings not exceeding one hundred twenty (120) square feet in area are permitted on each manufactured home space or lot. All storage buildings shall be located in the rear of the manufactured home space or lot. Detached storage buildings shall not encroach into the required setbacks without a variance, and shall be subject to the Uniform Building Code fire wall requirements set forth above. Certain accessory structures, which are complimentary to individual manufactured homes (i.e. covered carports, patio awnings, ramadas, storage buildings, and room additions) which are made an integral part of and are architecturally compatible with the manufactured home may be permitted by the Planning Administrator, after review of plans assuring the required compatibility, and provided further, that the owner/developer of the park or subdivision has provided sufficient setbacks to meet the requirements of paragraph "j" above. M. The maximum height of any habitable structure shall not exceed twenty (20) feet. All other structures shall not exceed fifteen (15) feet in height. n. All structures that are located on non-manufactured home spaces or lots shall not exceed two (2) stories nor shall they exceed thirty-five (35) feet in height from grade to the highest point on the roof. 4. Common Recreation Area shall be provided both in manufactured home parks and subdivisions. Common Recreation Areas shall be owned and maintained by a property owner's association where a manufactured subdivision is developed. Plans for the common recreation areas shall be approved by the Town of Marana, and shall include facilities and equipment for both adults and children. Public or private streets, vehicle storage areas, exterior boundary landscaped areas and other areas shall not' be included when calculating required recreational areas. 5. Access to all lots or spaces shall be from the interior of the park or subdivision. 6. Private streets shall be a minimum paved width of twenty-eight feet (28') including required curbs when flush with the surface of the paving. Concrete sidewalks at least four feet (4') in width shall be provided on each side of interior private streets. The Planning Administrator may permit a four foot (4') sidewalk on one side of an interior street where deemed desirable. 7. All utility lines shall be placed underground within the park or subdivision. Each lot shall be provided with water, sanitary sewer, electric lines, telephone lines and gas lines, as needed, in compliance with applicable Town codes. Fire hydrants shall be installed as required by the Planning Administrator. 8. All parks or subdivisions shall have street lighting provided along private or public streets for the safety of pedestrians, as required by the Planning Administrator. Title 5 - Zoning Pagc 81 of 132 Rcviscd: ()9/()5 ()rd. 2003.16 & 2005. 18 TOWN OF NL-?R.\NA, ARIZONA LAND DEVELOPMENT CODE 9. All parks or subdivisions shall have refuse collection areas approved by the Planning Administrator. Such refuse collection areas shall be screened from public view. 10. All parks or subdivisions shall have a minimum of two vehicular entrances. One entrance may be kept closed to the general public, but is required to meet public safety standards. 11. All parks and subdivisions shall improve to Town standards and dedicate any abutting public street and shall dedicate all interior easements and drives for utilities and public service vehicles where required by the Planning Administrator. (Ord. 94-18, 12/94) "ON Title 5 - Zoning Pagc 82 of 132 Revisud: 09/05 )rd. 2003.16 & 2005.18 TOWN OF NL-??-?NA, ARIZONA LAND DEVELOPMENT CODE e"**? 05.10.182 MHS Manufactured Home Subdivision (Reserved) Title 5 - Zoning Page 83 of 132 Reviscd: 09/05 ()rd. 2003.16 & 2005.18 TOWN OF NLARANA, ARIZONA LAND DEVELOPMENT CODE (BLANK) "ON Title 5 - Zoning Page 84 of 132 Rcviscd: 09/05 ( )rd. 2003.16 & 2005.18 TOWN OF NitAR-ANA, ARIZONA LAND DEVELOPMENT CODE 05.11.01 CO Commercial A. Purpose The CO zone is intended to provide for the use of designated properties for professional offices and limited commercial facilities to serve the residents of Marana. It includes those uses related to medical, professional, financial, administrative, and interrelated uses. This zone is intended to prohibit most retail commercial uses which, more properly, belong in other commercial zones. It is also intended to provide multi-family residential opportunities and options to commercial and other higher-intensity districts. B. Location The following shall be considered in establishing and maintaining the CO zone: 1 . Convenient and efficient vehicular access to an arterial or collector street. 2. Availability of land suitable for grouping of professional activities. 3. Availability of parcels whose general commercial use is less desirable and/or inappropriate. C. Permitted Uses The following uses may be permitted subject to demonstration of architectural compatibility with adjacent uses: 1 Residential Dwelling Units as permitted and.-subiec.1 -bo _the dev I ment stanclards fou-nd in Section 05.10.1307. 2. Professional Offices: Law, architectural, engineering, planning, business and management consulting. 3. General Offices: Real estate, data processing, executive suites, photographic services, travel agents, research services, and administrative offices. 4. Medical and Dental: Offices, laboratories, clinics, and pharmacies; but not including drug stores. 5. Veterinary clinic, small. 6. Financial Services: Accounting, auditing, bookkeeping, tax consultation, collection agencies, credit services, insurance and investment, security and commodity brokers, dealers and exchanges, insurance and financial planning. 7. Public Service: Detective and protective services, employment services and public utility offices. 8. Such other comparable uses as determined by the Planning Administrator. D. Accessory Uses (Reserved) E. Conditional Uses. The following uses may be permitted subject to such additional conditions or limitations as may be imposed by the Town Council: 1 Restaurants and Cafes (not to include drive-ins or carry-outs) subject to: a. The facility is designed to preclude vehicular ingress and egress in conflict with existing or planned adjacent residential uses. Title 5 - Zoning Pagc 85 of 132 Reviscd: 09/05 )rd. 2003.16 & 2005.18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE b. The facility is located and designed to eliminate noise and/or odors. C. The facility is an integral part of the office building. 2. Private Schools: Business, music, dance, art, and vocational, which must be an integral part of the office building. 3. Special Retail: Specialty retail services such as florist, jewelry, barber and beauty shops, child care facilities, clothes cleaning and tailor shops, and such other compatible uses as may be determined by the conditional use process and which shall all be integral to the primary use as an office complex. 4. Banks and Savings and Loans. F. Temporary Uses (Reserved) G. Prohibited Uses (Reserved) H. Intensity Standards 1 Residential. On any parcel or unit of development, the following intensity standards apply: a. Dwelling Unit Density: There shall be no more than twenty-five (25) dwelling units for each acre of parcel area. b. Building Coverage: The sum of all buildings and structures shall cover no more than 40% of all land area developed. 2. Non-Residential. The following standards shall apply: ON a. Building Coverage: The sum of all buildings and structures shall cover no more than 30% of all land area developed. b. Reserved. 1. Site Development Standards. The following site development standards shall apply: 1 . Street Frontage: minimum of 100 feet. 2. Lot Area: a. Multifamily: minimum of 3.0 acres. b. Non-Residential: none 3. Front yard: minimum of twenty-five feet. 4. Side Yard: minimum of fifteen feet for residential uses. No side yard is required for non-residential uses provided minimum building code requirements are met. However, a non-residential use adjacent to a residential zone shall have a minimum side yard of not less than 15 feet plus an additional 10 feet for each story over one story, or in excess of 18 feet in height, whichever is greater. 5. Street Side Yard: minimum of twenty-five feet. 6. Rear Yard: minimum of twenty-five feet. 7. Building Height: maximum of forty feet. Title 5 - Zoning Page 86 of 132 Reviscd: 09/05 (W. 2003.16 & 2005.18 TOWN OF MARANA, ARIZONA 1_?ND DEVELOPMENT CODE 05.11.02 NC Neighborhood Commercial A. Purpose. The Neighborhood Commercial (NC) Zone is intended to provide for the conduct of indoor business serving neighborhood residential areas needs including retail sales of convenience goods and services, shopping goods and services and other defined goods and professional services and to insure compatibility with adjacent residential uses. It is also the intent of this zone to provide neighborhood retail uses in clusters and to avoid strip commercial sites. It is further intended that these activities will provide local business and employment opportunities for Marana. B. Location (Reserved) C. Permitted Uses. Aandards found 1. Residential uses as prermitted and subi-ect to the development s inevided Section 05.10.1397 (R-3156) 2. Commercial Office (CO) uses as provided in Section 05.1 1.01C. 3. The following uses are permitted in the Neighborhood Commercial Zone. a. Apparel stores. b. Appliance stores. C. Banks and financial institutions, excluding drive-through and outdoor teller facilities. d. Barber and beauty shops. e. Bicycle shops. f. Child care institutions. 9. Churches, temples, and other places for religious services. h. Clinics: medical, dental, and veterinary (completely enclosed). i. Clothes cleaning, pressing, and tailoring shops (completely enclosed). j. Drug stores. k. Florist shops. 1. Food stores, including delicatessens, candy stores, and dairy product sales. M. Furniture stores. n. Hardware stores (no open storage, sale or display). 0. Laundromats. p- Office buildings. q- Office equipment sales and service. r. Package liquor stores. S. Pet shops (completely enclosed). t. Public service facilities (government, civic, utility). U. Restaurants, including carry-out establishments, but excluding drive-in service. V. Stationery stores. W. Theaters, not including drive-ins. X. Schools of business, language, music, dance, and art (may require reasonable soundproofing). Title 5 - Zoning Page 87 (if 132 Reviscd: 09/05 ()rd. 2003.16 & 2005.18 TOW-N OF 1\L-W\NA, ARIZONA LAND DEVELOPMENT CODE Y. Shoe repair shops. Z. Supermarkets. aa. Comparable uses as determined by the Planning Administrator. D. Accessory Uses -- (Reserved) E. Conditional Uses. The following uses may be permitted if it is found in each case that the indicated criteria and limitations are satisfied and if specific conditions are imposed to carry out the purposes of these regulations: 1 . Automobile service stations. a. Criteria: (1) Feasibility of arranging ingress and egress without interference or hazard to arterial street traffic and traffic to and from adjacent uses. (2) No more than one other service station located on each block. 2. Plant nurseries, home and garden supplies. a. Criteria: (1) Location on periphery of commercial area so as not to interfere with pedestrian movement and shopping. (2) Screening of all materials and supplies other than plant materials. 3. Drive-through facilities for banks, financial institutions, restaurants, and other similar uses. a. Criteria (1) Not closer than fifty (50) feet of any residentially developed lot line. (2) (Reserved) 4. Institutions of educational, philanthropic, and charitable nature. 5. Clubs, lodges and meeting halls. F. Temporary Uses (Reserved) G. Prohibited Uses. The following uses are prohibited 1. Automobile paint, body and fender, brake and tire shops. 2. Bars and cocktail lounges not a part of a bonafide restaurant. 3. Contractor's yard. 4. Heavy equipment sales or lease. 5. Agricultural or industrial equipment sales. H. Intensity Standards. 1 . Minimum Site Size: none, except that 1 acre per free standing pad use is required. Title 5 - Zoning Rage 88 of 132 10% Rcviscd: 09/05 (W. 2003.16 & 2005.18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE 2. Maximum Site Size: 15 acres. 3. Floor Area Ratio: the combined floor area ratio for all principal buildings, together with all accessory buildings, shall not exceed 0.5. 4. Maximum Lot Coverage: The total ground area occupied by all buildings shall not exceed thirty-five percent of the lot. Site Development Standards. The following site development standards shall apply: 1 . Street Setback: minimum 20 feet from any street lot line. 2. Side and Rear Yard Setback: minimum of 20 feet from any side or rear lot line. 3. Special Buffer Adjacent to Residential Areas: Along any property line either used or planned for residential use, a buffer area shall be provided which shall be at least twenty-five (25) feet in depth, measured from the property line. 4. Building Height: No principal building shall exceed thirty (30) feet in height; no accessory building or other structure shall exceed twenty-five (25) feet in height. 5. Access and Traffic Control: a. All uses shall have access limited to the collector or arterial streets. b. All its buildings, other structures, parking and loading areas, shall be physically separated from all non-arterial or collector streets by vertical curbs and other suitable barriers and landscaping to prevent unchanneled motor vehicle access. Except for the access ways permitted in c. below, the barrier shall be continuous for the entire length of the property line. C. Each property shall have appropriate access ways to the street. In addition, each access way shall comply with the following: (1) Curb returns shall have a minimum radius of twenty-four (24) feet. e"?' (2) At its intersection with the property line, no part of any access way shall be nearer than one hundred (100) feet to the intersection of any two (2) street rights-of-way lines, nor shall any such part be nearer than fifty (50) feet to any side or rear lot line. (3) The number and location of access ways shall be so arranged that they will reduce traffic hazards as much as possible. d. Off-Street Loading: Each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of twenty-four (24) feet in width and shall be in addition to and not part of the drives or circulation system used by the vehicles of shoppers and/or fire access. The arrangement of truck loading and unloading facilities for each shop or store shall be such that, in the process of loading or unloading, no truck will block or extend into any other private or public drive or street used for vehicular circulation. Loading and delivery zones shall be clearly marked. The Planning Administrator may permit joint-use loading and delivery spaces as a part of the approval of a shopping complex of several retail stores being part of a complex. Title 5 - Zoning Page 89 of 132 Reviscd: 09/05 ( U. 2003.16 & 2005.18 TOWN OF NLkRANA, ARIZONA LAND DEVELOPMEN'r CODE e. Storage: Except in instance where specifically permitted and controlled under the provisions of this ordinance, open storage of equipment and materials is prohibited. f. Landscaping: At least 10% of the area not covered by buildings shall be landscaped. Refer to Title 17, Landscape Requirements, for further requirements. (part. Ord. No. 97.07, 3/97). I 110) Title 5 - Zoning Pagc 90 of 132 Rcviscd: 09/05 ( W. 2003.16 & 2005.18 TOWN OF T\L-kRANA, ARIZONA LAND DEVELOPINIENTCODE 05.11.03 VC Village Commercial A. Purpose. The Village Commercial (VC) zone is a community level retail zone and is intended to provide for the conduct of business serving the Town of Marana and surrounding communities providing the sale of goods and services and a variety of commercial and professional activities as well as higher-density residential opportunity in a planned mixed-development area. This zone is for the services requiring larger sites and service area than neighborhood level centers, but not regional level goods and services. It is further intended these activities provide employment business opportunities for Marana. B. Location (Reserved) C. Permitted Uses. 1. Residential uses shall be permitted and-subject to the develoDnient standards foundas set forth in Section 05.10.13,G7 2. Commercial Office (CO) uses as permitted in Section 05.11.01 C 3. Neighborhood Commercial (NC) uses as permitted in Section 05.11.02C 4. The following list are permitted in the VC zone: a. Department stores. b. Variety stores. C. Retail warehouse outlets. d. Showroom catalog stores. e. Home improvement centers. f. Automotive Supplies/Service Stations; (1) Auto dealers. (2) Service station. (3) Car wash. (4) Cycle shop. 9- Super drug stores (over 10,000 sq. h. Pet and pet supply stores. i. Such other comparable uses as Administrator D. Accessory Uses -- (Reserved) E. Conditional Uses (Reserved) F. Temporary Uses (Reserved) G. Prohibited Uses. The following uses are prohibited in the VC zone: ft.). may be approved by the Planning 1. Automobile paint, body and fender shops. 2. Contractor's yard. 3. Heavy equipment sales or leases. 4. Agricultural or industrial equipment sales. 5. Comparable uses as determined by the Planning Administrator. Title 5 - Zoning l1agc 91 of 132 Rcvisul: 09/05 ( )rd. 2003.16 & 2005.18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE H. Intensity Standards. (Non-Residential) 1 . Minimum site size: 10 acres. 2. Floor Area Ratio: the combined floor area ratio for all principal buildings, together with all accessory buildings, shall not exceed 0.35. 3. Maximum Lot Coverage: The total ground area occupied by all buildings shall not exceed thirty-five percent of the lot. 1. Site Development Standards. (Non-Residential) The following site development standards shall apply: 1 Street Setback: minimum 30 feet from any street lot line. 2. Side and Rear Yard Setback: minimum of 20 feet from any side or rear lot line. 3. Special Buffer Adjacent to Residential Areas: along any property line either used or planned for residential use, a buffer area shall be provided which shall be at least forty (40) feet in depth, measured from the property line. 4. Building Height: No principal building shall exceed fifty (50) feet in height; no accessory building or other structure shall exceed thirty (30) feet in height. 5. Access and Traffic Control: a. All uses shall have access limited to arterial streets. b. All non-residential zoned property with its buildings, other structures, parking and loading areas, shall be physically separated from all non- arterial streets by vertical curbs and other suitable barriers and landscaping to prevent unchanneled motor vehicle access. Except for the access ways permitted in c) below, the barrier shall be continuous for the entire length of the property line. C. Each property shall have access ways approved by the Town Engineer and shall demonstrate the need for access points. Each access way shall comply with the following: (1) The width of any access way leading to the arterial street shall be median divided to provide separation from incoming and outgoing traffic. (2) Curb returns shall have a minimum radius of twenty-four (24) feet. (3) At its intersection with the property line, no part of any access way shall be nearer than one hundred (100) feet to the intersection of any two (2) street rights-of-way lines, nor shall any such part be nearer than fifty (50) feet to any side or rear lot line. (4) The number and location of access ways shall be so arranged that they will reduce traffic hazards as much as possible. 6. Off-Street Loading: Each shop or store shall have a rear or side entrance that 'ON is accessible to a loading area and service drive. Service drives shall be a minimum of twenty-four (24) feet in width. The arrangement of truck loading Title 5 - Zoning Page 92 of 132 Rcviscd: 09/05 ()rd. 2003.16 & 2005.18 TOWN OF PNIARANA, ARIZONA LAND DEVELOPMENT CODE and unloading facilities for each shop or store shall be such that, in the process of loading or unloading, no truck will block or extend into any other private or publ.ic drive or street used for vehicular or fire circulation. Loading and delivery zones shall be clearly marked. The Planning Administrator may permit joint- use loading and delivery spaces as a part of the approval. 7. Storage: Except in instance where specifically permitted and controlled under the provisions of this Plan, open storage of equipment and materials is prohibited. 8. Landscaping: At least 10% of the area not covered by buildings shall be landscaped. Refer to Title 17, Landscape Requirements, for further requirements. (part. Ord. No. 97.07, 3/97). e-N Title 5 - Zoning Pagc 93 of 132 Revised: 09/05 ( )rd. 2003.16 & 2005.18 TOWN OF NL-kRANA, ARIZONA LAND DEVELOPMENT CODE (BLANK) IOWA "I Title 5 - Zoning Pagc 94 of 132 Reviscd: 09/05 ( )rd. 2003.16 & 2005.18 TOWN OF 1\LNRANA,AR1ZONA LAND DEVELORTMENT CODE TITLE 8 GENERAL DEVELOPMENT REGULATIONS SECTIONS: 08.01 Building Permits Required, Procedure Therefore 08.02 (Reserved) 08.03 Adoption of the Uniform Building, Plumbing, and Electrical Codes, with Exceptions 08.04 Animal Keeping and Related Structures 08.05 Building Height Increase 08.06 Residential Design 08.01. Building Permits Required, Procedure Therefore Any person, partnership, firm, or corporation desiring to construct, erect, or move, any residential building or mobile home or associated outbuilding where such building or mobile home contains more than one hundred twenty (120) square feet under roof, or desiring to enlarge or substantially modify any residential building or mobile home where such work will involve an area of more than one hundred twenty (120) square feet under roof, shall first make application for a building permit to the Town Clerk and shall not commence any such construction without first obtaining a building permit from the Town. All applications for a building permit shall be accompanied by plans which have been drawn to scale and which show the actual dimension of the lot to be built upon, the size and location of existing buildings, if any, the building to be erected, enlarged, modified, or moved, the location and layout of said structures with respect to front, rear, and side property lines, and the location and layout of proposed off-street parking areas. Even when a building permit is not required, any person, partnership, firm or corporation constructing, erecting, enlarging, moving, or substantially modifying any residential building or mobile home, or associated outbuilding, shall be responsible for compliance with all other provisions of this development code. Any person, firm, or corporation desiring to erect, construct, enlarge, move, or substantially modify any commercial, industrial, quasi-public, or public building or structure shall first make application to the Town Clerk for a separate building permit for each such building or structure and shall not undertake any such construction, enlargement, or movement without first obtaining a building permit from the Town. Each application for a building permit shall be accompanies by plans which have been drawn to scale and which show the actual dimensions of the lot to built upon, the size and location of existing buildings, if any, the buildings to be erected, the location of the proposed off-street parking. Plans submitted for new construction or enlargement shall provide sufficient details of proposed structural features, and electrical, plumbing, and mechanical installations to permit evaluation of their adequacy by the Town Building Inspector. The term, "substantially modify" shall be taken to mean the installation or removal of any interior or exterior wall or the addition or replacement of an amount of electrical wiring or plumbing equal to twenty-five (25) percent or more of such installation in the modified building or structure. Title 8 - General Development Regulations Page I of 28 Itcvised 9/05 Ord. 2005.18 TOWN OF NL?RANA,ARIZONA LAND DEVELOPMENT CODE 08.06 Residential Design 8.06.01 Purpose A. The purpose of the neighborhood and residential design standards is to foster the establishment of neighborhoods that avoid the appearance of "production," leading to greater diversity and quality of residential development within the Town of Marana. It is necessary that new developments in which any lot is square 16,000 feet or smaller accomplish the following: 1. Foster variety of architectural style, house and lot size, and price within and among residential neighborhoods. 2. Create pedestrian friendly neighborhood '0 streets through reduced pavement and 1, ?15 ZJ/ 5; increased landscaping 3. Provide visual relief v-, UL and shade through landscaping along A.& I?J streets, common entryways, common areas, and on individual lots. 4. Integrate roads, paths, and trails within neighborhoods and through adjoining neighborhoods. 5. Incorporate parks and open space into the fabric of the neighborhood. WHAT NOT TO DO: Same thing over and over... 10% Title 8 - General Development Regulations Page 13 of 28 Rcviscd 9/05 ( W. 2005.18 TOWN OF NLLN??NA, ARIZONA I-NND DEVELOPMENTCODE 8.06.02 Applicability A. Neighborhood design standards shall apply to any subdivision containing one or more lots 16,000 square feet or smaller, unless the subdivision is part of a specific plan governed by neighborhood design regulations tailored to that plan. However, these standards shall not apply to applications for preliminary plats submitted on or before the effective date of this ordinance provided that a final plat is approved not later than one year after the adoption date. B. Residential design standards shall apply to all detached dwellings in subdivisions containing one or more lots 16,000 square feet or smaller for which an application for a building permit is submitted after January 1, 2006, unless the residential lot is within a specific plan governed by residential design regulations tailored to that plan. Where model home plans have been approved for a specific subdivision prior to January 1, 2006, construction may continue thereafter according to the approved models. C. Where an application for a subdivision contains multiple blocks, the standards of this ordinance shall apply to each block as if it were a single subdivision. D. The standards of this ordinance supplement the standards of Title 5, Zoning and Title 6, Subdivisions. Where there is a conflict between this ordinance and either of these Titles, the standards of this ordinance shall apply. 8.06.03 Definitions A. For the purpose of this ordinance the following terms are defined as follows: 1. Adjacent - Near or close to, but not necessarily touching or abutting or having a common dividing line, such as two properties separated by a street, alley, easement, or common area. 2. Adjoining - Two or more land parcels having a common property line. 3. Curbway - The landscaped area between the outside edge of a sidewalk and the inside edge of a curb. 4. Four-sided architecture - Residential design wherein each side of a house displays one or more features, including, but not limited to, balconies, bay windows, recessed windows, porches, and other architectural details. 8.06.04 Neighborhood Design Plan Submittal A. Time of submittal. A property owner shall submit a neighborhood design plan in accordance with these regulations as part of the preliminary plat submittal. Where a preliminary plat consists of one or more parcels or a block plat to be further subdivided into lots, the adopted neighborhood design plan shall apply to all subsequent subdivisions and resubdivisions, unless a new neighborhood design plan has been approved. Title 8 - General Development Regulations Page 14 of 28 Itevised 9/05 ( W. 2005.18 TOWN OF NL?RANA,ARIZONA LAND DEVELOPMENT CODE B. Submittal process. An applicant shall submit all documents, exhibits, data, and information as required on the application form provided by the Town of Marana. The applicant shall provide additional information, documents, or other relevant material that the planning director believes is reasonable and necessary to evaluate, analyze, and understand the application. C. Approval. 1. Neighborhood Design Basic Plan. The Town Council shall approve the neighborhood design plan at the time of preliminary plat approval. 2. Alternative Neighborhood Design Plan. The Town Council shall consider for approval the alternative neighborhood design plan at the time of preliminary plat approval. The adopting resolution shall indicate which of the alternative standards is approved, and any modifications made to those standards. 8.06.05 Neighborhood Design Plan Basic Standards A. Basic Standards. The neighborhood design plan shall be at a minimum comprised of the following basic standards as described below, or as described in Section 8.06.06, to accomplish the purpose of this ordinance. B. Site Planning Standards. 1. Streetscape Standards. a. All subdivision streets shall depict street layout, curbs, sidewalks, and landscaping and their relationship to building frontages. b. Where a submittal includes only parcels or blocks, but not individual lots, the neighborhood design plan shall depict all collector streets within the subdivision and points of access to adjacent streets. All subdivisions shall have at least two points of access. 2. Common Area and Recreation Area Standards. a. Before submission of a preliminary plat, each applicant for subdivision approval shall consult with the planning director and parks director as to the number, size, location, and design of parks required within the subdivision and as to the amount of any regional park impact fee credit for regional public park facilities developed or dedicated by the subdivider as part of the subdivision. b. Public neighborhood parks and open spaces shall be incorporated within the fabric of the neighborhood, located and designed to maximize proximity to the largest number of homes within the neighborhood and to maximize accessibility and visibility from the front of surrounding and nearby residences. Neighborhoods shall be designed around parks and open spaces. Required parks shall not be located on remnants of land remaining upon completion of the lotting layout of the subdivision. P_--I Title 8 - General Development Regulations pagc 15 of 28 Itcvi,cd 9/05 Ord. . 2005.18 TOWN OF NL-??-?NA, ARIZONA LAND DEVELORMENT CODE eo?ll POCKET t. t COMMUNITY WHAT NOT TO DO: Take left over space and call it a park! At.- Fir ------ ------ I Examples of amenities and design: 40W A c. All subdivisions shall contribute to the Town's regional park and trail system, either through land donation and/or an impact fee. Public neighborhood parks of five acres or larger shall be incorporated within the fabric of the neighborhood, or shall link two or more neighborhoods. The applicant shall consult with the lk* planning director and parks director as to the number, size, location, and 1 design of parks. d. Paths or trails within subdivisions shall be designed to link neighborhood components and amenities and shall connect to adjacent subdivisions. e. Where private neighborhood parks smaller than five acres are required, parks shall be located on Title 8 - General Development Regulations Page 16 of 28 1?cviscd 9/05 ()rd. 2005.18 NEIGHBORHOOD TOWN OF T\U?NA, ARIZONA LAND DEVELOPMENT CODE average within a half mile of the front of dwellings within the subdivision, and A"? shall be connected to the neighborhood path or trail system. f. Preserved washes and constructed drainage features shall be integrated into the overall site design. LM g. Drainage ways and detention/retention areas shall be designed to create a natural appearance, with meandering channels rather than linear and trapezoidal channels. h. Land shall be graded to balance cut-and-fill areas and to distribute grade changes throughout the subdivision, to avoid where practicable grade differences and cut slopes greater than 4:1 between adjacent lots and between lots and adjacent rights of way. WHAT NOT TO DO: Drainage feature squeezed in between homes! 3. Street trees. a. A local street plan wherein sidewalks are separated from the curb by a landscaped curbway not less than six feet wide meets the intent of these regulations. Street trees shall be planted every 50 feet along the curbway. The homeowners' association shall maintain all landscaping in the right of way as provided for in a license agreement from the Town. tree b. Council may consider an alternative street plan where the development adjoins existing development and the applicant can show the plan acceptable precedent of surrounding development. c. All trees and plants shall meet Arizona Nursery Association minimum guidelines as to caliper and height and the Town of Marana's approved plant list. Title 8 - General Development Regulations Pagc 17 of 28 IIaN Reviscd 9/05 Ord. 2005.18 ... ... ...... integrates with an landscaping set by TOWN OF'TMARANA, ARIZONA LAND DEVELOPMEN'f CODE C. Entry and Edge Standards. 1. Entry landscaping. Entry landscaping may be used to visually enhance the character of the neighborhood and complement the community. Secondary treatments may be used at other access locations. Entry landscaping shall be located so that it does not interfere with the sight visibility triangle. WHAT NOT TO DO: "Engineered" landscape treatments that de-emphasize aesthetics and highlight 2. Edge landscaping. Where the edge of a subdivision adjoins public right of way for an arterial street, the applicant shall develop a landscaping plan for the right of way in consultation with the planning director and subdivision engineer. WHAT NOT TO DO: Nondescript walls with minimal ground plane treatment. N, , 44. Will . 411111 Title 8 - General Development Regulations Page 18 of 28 1tcviscd 9/05 ()rd. 2005.18 TOWN OF _iM?kNA, ARIZONA LAND DEVELOPMENT CODE 3. Irrigation. All plants shall be on an underground drip irrigation system. If turf is used, it must be irrigated from a secondary, non-potable source where available. 4. Perimeter walls. Where the neighborhood walls, all walls visible from the public right residential development shall incorporate one or more visually appealing design treatments, such as the use of two or more decorative materials like stucco, tile, stone, wrought iron or brick; a visually interesting design on the wall surface; varied wall alignments, such as jog, curve, notch, setback; and/or trees and shrubbery in voids created by wall variations. View fencing shall not be used where houses can be viewed from public streets. Uncolored grey block is not permitted. Perimeter walls Ok shall be kept free of graffiti. 64 design plan includes perimeter of way and adjacent existing 4, WHAT NOT TO DO: Big, nondescript walls that look like barriers. lip ILI law& Title 8 - General Development Regulations Pagc 19 ()f 28 Iteviscd 9/05 ( ) rd. 2005. 18 'T -z TOWN OF I\L-??-?NA, ARIZONA LAND DEVELOPNIEN'f CODE 1100, garages accessed from an alley or parking court. -Car- mm, .,=L &m., 3. Alleys or parking courts. The Town of Marana encourages a street plan that provides rear access either parking, from an alley ?A located behind lots running parallel to the public street, or from a Ilk: parking court that serves a specified group of dwellings. The planning director, in consultation with the subdivision engineer, shall provide guidelines for alleys and parking courts. 8.06.06 Alternative Neighborhood Design Plan A. Alternative neighborhood design. A property owner may submit an alternative neighborhood design plan that varies from the standards of Section 8.06.05 B. 1, above, to include one or more of the following options, providing that a property owner shall also submit in conjunction a conceptual residential design plan in accordance with Sections 8.06.08 or 8.06.09. The residential concept design plan is for illustrative purposes, but will establish the intent of the alternative plan. The final residential design shall substantially conform to the concept plan. 1. Narrow streets. An alternative street plan that shows narrowed street pavement may be acceptable to meet design objectives; however, such shall be accompanied by a letter from the fire district chief stating `V that such plan meets minimum safety requirements. LA-C-4, -Q,A3 =EI- 2. Divided landscaped local collector streets. The Town of Marana encourages a local collector street plan with travel lanes separated by a landscaped median. The homeowners' association shall maintain all landscaping in the right of way as provided in a license agreement from the Town. The Town encourages the Ilk applicant to A locate dwellings to face collector I it ?- 4J. r 21? . 1 .111 streets with Title 8 - General Development Regulations Pagc 20 of 28 lZcvised 9/05 ()rd. 2005.18 TONN-N OF I\L-\?NNA,ARIZONA LAND DEVELOPMENT CODE WHAT NOT TO DO: Unattractive, "oversized", "linear" parking lots 40, 9. An alteFRative FGsidential design plaR Fnay Fequest lets smalleF than 66,000 6quaFe feet fGF Up tO 30% ef the lets iR a subdivi-i "ON IM VAL 7 - vi WHAT NOT TO DO: Sprawl! Sameness over and over... I?c%iscd 9/()5 Title 8 - General Development Regulations Page 21 of 28 ()rd. 2005.18 TOV`N OF NIARANA, ARIZONA LAND DEVELOPMENT CODE 5. Multi-story dwellings. An alternative neighborhood design plan may request subdivisions where multi-story dwellings exceed 50%. An alternative residential design plan per Section 8.06.09 shall be required. ji ffV LN IL WHAT NOT TO DO: The same two-story pattern over and over. 8.06.07 Residential Design Plan Submittal A. Plan required. A property owner shall submit a residential design plan prior to applying for a building permit. B. Submittal process. 'The applicant shall submit all documents, exhibits, including building elevations, as required by the Town of Marana. The applicant shall provide additional information or other relevant material that the planning director believes is reasonable and necessary to evaluate, analyze, and understand the application. C. Review process. The planning director or designee shall review residential design plans according to the standards of Sections 8.06.08 or 8.06.09. 8.06.08 Residential Design Plan Basic Standards A. Architectural Standards. 1. Multi-story development. a. Not more than 50% of the lots in a subdivision may contain multi-story dwellings. b. All multi-story houses must display four-sided architecture, except where a wall is on a lot line. Title 8 - General Development Regulations Page 22 of 28 1?c6scd 9/05 ()rd. 2005. 18 TOWN OF NL-kR,\N-\, ARIZONA LAND DEVELOPMENTCODE 2. Garage layout. Not more than 40% of the lots in a subdivision, nor more than three lots in a row, nor more than 50% of the lots along a single side of a street from one intersection to the next intersection shall have garages flush with or that project in front of the livable space of the dwelling. A cul-de-sac or "eyebrow" shall be considered an intersection. Where a front porch or courtyard extends five feet or more in front of a garage the garage shall not be considered to be flush or projecting. WHAT NOT TO DO: Incorporate the same car oriented, garage dominate condition along the neighborhood street scene. tr -1 IM 3. Color. Color schemes other than a dwelling's trim color shall not exceed a light reflectivity value of 50 %. The residential design plan shall include a color palette that ensures variety along the streetscape and within the neighborhood. The plan shall describe how the color palette will be implemented. 4. Front Dwelling Facade. The residential w* irk design plan shall incorporate a range of I details and massing conditions for each dwelling that, when placed together, will provide an attractive, unique street scene. Each front dwelling fagade on any residential street shall include at least three of the following design features, or shall present an alternative that achieves the intent of these regulations: 1?cvlscd 9/05 Title 8 - General Development Regulations Page 23 4 28 ()rd. 2005,18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENT CODE a. Varied roof line, wherein elements of the dwelling display different heights, or where roof design changes more than two planes or directions. b. Windows recessed at least two inches from the building wall, or casement windows. c. Bay window or other similar projection or a front fagade that displays a contrasting building material, including, but not limited to, stone, brick, or tile. d Front porches or courtyards fifty square feet or larger that project five feet or more from the dwelling fagade. e. Recessed or projecting balconies of three feet or more. S;. i;&t '4? , 11 f. Garages entered from a side street crossing a side lot line of the lot or a side entry garage located perpendicular to the front fagade of the dwelling. The wall of the garage facing a street shall include at least one window. g. Front entry garages recessed seven feet or more from the livable area of the dwelling. h. Rear entry garages from an alley or parking court, where there is an approved alternative neighborhood design plan. 5. Corner lots, lots adjacent to a park, or lots separated by an easement or common area. Where a house is located on a corner lot, is adjacent to a park, or where two lots are separated by an easement or common area, the M, F house on such lots shall display four-sided architecture except where a wall is on a lot line. B. Individual Lot Landscaping. MM 1. An individual lot shall contain a minimum of one tree planted in the front yard. 2. Where drainage permits, landscaping shall be required within adjoining side yards between two adjacent dwellings. 3. All trees and plants shall meet Arizona Nursery Association minimum guidelines for caliper and size and shall conform to the Town of Marana approved plant list. Title 8 - General Development Regulations Page 24 of 28 lZcviscd 9/05 ()rd. 2005.18 TOWN OF LMRANA, ARIZONA LAND DEVELOPMENTCODE 4. All screen walls enclosing individual side and rear lots shall be uniform throughout the subdivision and shall be designed to incorporate color or contrasting materials or design elements. No uncolored grey block shall be allowed. View fencing may be required in certain locations where houses back onto natural features or other amenities, but shall not be permitted where backs of houses are visible from public streets. 5. Air conditioners, pool equipment, or other mechanical equipment shall be fully screened from view by a screen wall. C. Lots adjoining major roads, collectors or arterials. 1. Lots adjoining arterial or collector streets. Any house located adjoining an arterial or collector street shall display four-sided architecture; no adjacent houses may display the same rear elevation. 2. Multi-story dwellings. Multi-story dwellings shall be prohibited on those lots along the edge of a subdivision where adjoining existing lots have one-story dwellings. This provision shall not apply to subdivisions located adjoining each other within a master planned community approved under a common rezoning D. Building materials. Materials may include stucco, brick, adobe, rock, flagstone, wood, metal, and other similar distinct materials. Where metal is used, including window shades, it shall be treated so that its light reflective value does not exceed 50%. E. Architectural variety. 1. For subdivisions with 30 lots or more, the residential design plan shall include at least four different base models with three different front elevations per model; the number of elevations per model may be reduced to two if the residential design plan provides five or more models. For subdivisions with fewer than 30 lots, the residential design plan shall include at least two different base models with two elevations per model. 2. For subdivisions with 30 lots or more no front elevation may be repeated more than one house in every five along a single side of a street. For subdivisions with fewer than 30 lots no two houses shall display the same elevation. 3. The base color of a house may be repeated no more than one house in every three along a single side of a street. 8.06.09 Alternative Residential Design Plan A. Alternative residential plan. An alternative residential design plan is required when an alternative neighborhood design plan requests the small lot option or multi-story dwellings for more than 50% but no more than 60% of the subdivision. B. If both options are requested, subdivisions of 50 or more units must provide 250 square feet of private open space per residential unit. Title 8 - General Development Regulations Page 25 of 28 AO"k 1?cviscd 9/05 Ord. 2005. 18 TOWN OF NIARANA, ARIZONA LAND DEVELOPMENTCODE C. Architectural Standards. 1. Color. Color schemes other than a dwelling's trim color shall not exceed a light reflectivity value of 50 %. 2. Front Dwelling Facade. The front dwelling fagade shall include: a. Varied roof line, wherein elements of the dwelling display different heights, or where roof design changes more than two planes or directions; or where adjacent houses display different heights or different roof styles. b. Windows recessed at least two inches from the building wall, or casement windows, or bay windows or other similar projection as a structural element. 3. Front porches. At least 50% of all dwellings in a subdivision shall include , 4 front porches or courtyards fifty square feet or larger that project five feet or more from the dwelling fagade. 4. Front entry garages. a. Where front entry garages are used, not more than 25% of those garages may be flush with or project in front of the livable space of the dwelling. Where a front porch or courtyard extends five feet or more in front of a garage the garage shall not be considered to be flush or projecting. b. Garages that are not flush with or do not project in front of the livable space of the dwelling shall be set back at least seven feet from the livable space of the dwelling. 5. Side entry garages. Garages entered from a side street crossing a side lot line of the lot or a side entry garage located perpendicular to the front fagade of the dwelling. The wall of the garage facing a street shall include a window or other architectural detail. 6. Rear entry garages. Rear entry garages where access is taken from an alley or parking court may be used, in accordance with an approved alternative neighborhood design plan. 7. Corner lots. Where a house is located on a corner lot it shall display four- sided architecture except where a wall is on a lot line. D. Individual Lot Landscaping. 1. An individual lot shall contain a minimum of one tree planted in the front yard. 2. Where drainage permits, landscaping shall be required within adjoining side yards between two adjacent dwellings. 3. All trees and plants shall meet Arizona Nursery Association minimum guidelines for caliper and size and shall conform to the Town of Marana approved plant list. Title 8 - General Development Regulations Page 26 of 28 1?c6sed 9/05 ()rd. 2005.18 TOWN OF \I-\F-\NA,,\RIX()N.\ LAND DEVELOPMENTCODE 4. All screen walls enclosing individual side and rear lots shall be uniform throughout the subdivision and shall be designed to incorporate color, or contrasting materials or design elements. No uncolored grey block shall be allowed. View fencing may be required in certain locations. 5. Air conditioners, pool equipment, or other mechanical equipment shall be fully screened from view by a screen wall. E. Lots adjoining major roads, collectors or arterials. 1. All lots adjoining arterial or collector streets. Any house located adjoining an arterial or collector street shall display four-sided architecture except where a wall is on a lot line. 2 Nkla i_?_ eP 2. Multi-story dwellings. Multi-story dwellings shall be prohibited on those lots along the edge of a subdivision where adjoining existing lots have one-story dwellings along that edge. This provision shall not apply to subdivisions located adjoining each other within a master planned community approved under a common rezoning. b2m._? vvv? E. Building materials. Materials may include : - . stucco, brick, adobe, rock, flagstone, wood, metal, and other similar distinct materials. Where metal is used, including window shades, it shall be treated so that its light reflective value does not exceed 50%. F. Architectural variety. 1. For subdivisions with 30 lots or more, the residential design plan shall include at least four different base models with three different front elevations per model; the number of elevations per model may be reduced to two if the residential design plan provides five or more models. For subdivisions with fewer than 30 lots, the residential design plan shall include at least two different base models with two elevations per model. 2. For subdivisions with 30 lots or more no front elevation may be repeated more than one house in every five along a single side of a street. For subdivisions with fewer than 30 lots no two houses shall display the same elevation. 3. The base color of a house may be repeated no more than one house in every three along a single side of a street. 8.06.10 Setback, Lot Coverage and, Building Height Modifications The planning director may approve the following modifications in conjunction with a basic residential design plan in order to achieve the purpose of this ordinance. A. Setbacks. Setbacks shall adhere to the requirements of Title 5, Zoning, except for the following: 1. Front setback. a. Front entry garages. Where front entry garages are recessed ten feet or more from the livable portion of the dwelling, front setbacks may be reduced to ten feet. Title 8 - General Development Regulations 11agu 27 of 28 ,A% I?cviscd 9/05 Ord. 2005.18 TOWN OF NIARANA, ARIZONA LAND DENT ELOPINIENT CODE b. Side entry garages. Where a side entry garage is located perpendicular to the front fagade of the dwelling, the front setback may be reduced to five feet. However, the driveway must provide a 20-foot space to accommodate a parked vehicle without blocking the sidewalk or a driveway less than eight feet, so that a vehicle must be parked in the garage to avoid blocking the sidewalk. The garage wall facing the street must have at least one window or other architectural detail. c. Front porches or courtyards. Front setbacks may be reduced to five feet. However, the driveway must provide a 20-foot space to accommodate a parked vehicle without blocking the sidewalk or a driveway less than eight feet, so that a vehicle must be parked in the garage to avoid blocking the sidewalk. 2. Side setback. Side setbacks may be reduced for zero lot-line or z-lot siting of dwelling units on individual lots, providing there shall be a three foot access easement on the adjacent property. 3. Rear setback. a. Front entry garages. Where front entry garages are recessed ten feet or more from the livable portion of the dwelling, the rear setback may be reduced to five feet. b. Rear entry garages. Where there are rear entry garages, the dwelling area rear setback may be reduced to five feet. Parked cars shall not block alley access. B. Lot coverage. Where a garage is recessed ten feet or more from the livable portion of the dwelling, or where there is a rear entry garages, lot coverage may be increased to 55% of the lot. C. Height. Building height may be increased to 30 feet to meet the design objectives of a residential design plan. e0o", Title 8 - General Development Regulations 11agc 28 of 28 1?cviscd 9/03 Ord. 2005.18 1,0) 48"S L - OFFICIAL RECORDS OF _j 1 F, 75 PINAL COUNTY RECORDER LAURA DEAN-LYTLE TOWN OF MARANA ATTN: VIVIANA RUIZ 11555 W. CIVIC CENTER DR DATE/TIME: 12/24/07 1549 MARANA, AZ 85653 FEE: $12.00 PAGES: 2 FEE NUMBER: 2007-139468 MARANA ORDINANCE NO. 2007.34 RELATING TO DEVELOPMENT; ADOPTING AN ORDINANCE THAT AMENDS TITLES 5 (ZONING) AND 8 (GENERAL DEVELOPMENT REGULATIONS) OF THE LAND DEVELOPMENT CODE; ADDING SECTION 05.10.13 (R-3.5 RESIDENTIAL ZONING); UPDATING THE NOTICING PROCEDURES IN SECTION 05.03.01; AND DELETING THE SMALL LOT OPTION IN TITLE 8. WHEREAS, the Marana Land Development Code (the "Code") was adopted by the Mayor and Council of the Town of Marana on May 14, 1984 by Ordinance No. 84.04; and WHEREAS, the Mayor and Council have amended the Code from time to time; and WHEREAS, the Code contains Titles 5 Zoning, which regulates zoning in the Town of Marana and 8 General Development Regulations, which regulate the development of land in the Town of Marana; and WHEREAS, the Marana Planning Commission held a public hearing on a request to amend Title 5 and Title 8 of the Code on November 14, 2007 to consider comments from Town staff and the public on the proposed amendments; and WHEREAS, the Town Council held a public hearing on a request to amend Title 5 and Title 8 of the Land Development Code on December 18, 2007; and WHEREAS, the Mayor and Council find that approval of the proposed amendments is in the best interest of the residents and businesses of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, as follows: SECTION 1. Title 5, Zoning, of the Town of Marana Land Development Code is hereby amended by adding Section 05.10.13 (R-3.5 Residential), updating the noticing procedures in Section 5.03.01, providing minor corrections to Title 5 and amending Title 8, General Development Regulations, by deleting the Small Lot Option, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, having been made a public record by and attached as Exhibit A to Resolution No. 2007-230. SECTION 2. The adoption of this ordinance shall have the effect of invalidating that portion of all previous versions of the Land Development Code. SECTION 3. In the event that any provision, or any portion of any provision, of this ordinance or application thereof, is held invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall have no effect on the remaining portion of any provision or any other provision, or their application, which can be given effect without the invalid provision or application and to this end the provision of this ordinance shall be deemed to be severable. SECTION 4. This ordinance shall be effective on the thirty-first day after its adoption. PASSED AND ADOPTED by the Town Council, Town of Marana, Arizona, this 18 1h day of December, 2007. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: