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HomeMy WebLinkAboutOrdinance 85.07 Amending Ordinance 84.04 relating to the land development codeOrdinance No. 85.07 AN ORDINANCE AMENDING TOWN ORDINANCE 84.04, RELATING TO SUBSTANTIVE AND TECHNICAL CHA~NGES TO THE DEVELOPMENT CODE FOR THE TO~ OF ~RANA. WHEREAS, ~he Town of Marana did enact that certain Ordinance No. 84.04 on the 14th day of May, 1984; and WHEREAS, the Town of Marana does now wish to amend said Ordinance with respect to Title 2 Sections 02.02.01, 02.02.02; Title 3 Section 03.02; Title 7 Section 07.02; Title 8 Sectic- 08.01, 08.02, 08.03.01, 08.03.02, 08.03.07, 08.03.08, 08.04.01, 08.04.02, 08.04.03; Title 9 Section 09.01.01; Title 10 Section 10.01; BE IT ORDAINED BY THE TOWN OF MARANA THAT ORDINANCE NO. 84.04 AFOREMENTIONED TITLES AND SECTIONS ARE HEREBY AMENDED TO READ AS FOLLOWS: 02.02.01. Title 2 Establishment and Composition A. The Town Council of the Town of Marana hereby creates a Planning Com- mision to consist of nine voting members and one ex-officio member chosen from among the members of the Town Council. The nine regular members of the Planning Commission shall be appointed by the Mayor with the consent of the Town Council from among the qualified electors of the Town. The members shall be selected without regard to political affiliation and shall serve without compensation, except for the reimbursement of -cessary and reasonable expenses incurred in accomplishing the purposes ~ ihe Commission, provided such expenses have been approved in accordance with the Town's Financial Procedures Ordinance. B. Terms of Office, Filling of Vacancies, and Removal. The term of office of the Town Council Member designated to serve as the ex-officio members of the Planning Commission shall correspond to his tenure of office as a member of the Town Council. The terms of office for the appointive regular members of the Planning Commission shall be two, four and six years, to be arranged as follows: three shall be appointed for two years; two shg~ be appointed for four years; and two shall be appointed for six years. ~ereafter, the terms of office for each appointed regular members shall be for six years. Vacancies occuring otherwise than through the expiration of terms shall be filled by appointment by the Mmyor with the consent of the Town Council. Regular members of the Planning Commission may be removed from office with- out cause, by a majority vote of the entire membership of the Town Council. 02.02.02. Organization The Planning commission shall be by appointment of the To~ Council. Its membership shall consist of a Chairman, a Vice-Chairman, and a Secretary, along with six voting members and one ex-officio member chosen from among the members of the Town Council. The Commission shall adopt rules for its own organization and for the transaction of its business, but such rules shall not be conflict with other sections of this Ordinance or other Ordi- nances of the Town of Mararia or with the laws of the State of Arizona. 03.02 Title 3 Definitions Junk (Salvage) Yard - a place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored in the open, including but not limited to auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for the storage of salvaged house wrecking and structural steel materials and equipment, except on operating farms where such may be carried on as a part of normal farming operations, or where such activities are conducted entirely within a completely enclosed building or where salvaged materials are kept incidental to manufacturing or other industrial or agricultural operations conducted on the premises. Sub-Division - the division of improved or unimproved land into four or more separate tracts or parcels of land for the purpose of sale, development, or lease. Setback - the allowable placement of all structures in relation to property lines, streets, yards, and adjacent structures within a given zone. Specific Plan - a detailed element of the Comprehensive (General) Plan adopted under the provisions of this code or predecessor ordinance, which may provide details of zoning, subdivision and large scale development regulations, trans- portation, land use, five year improvements programs, or special advocacy programs among other items. TITLE 7 LARGE SCALE DEVELOPMENTS 07.02. PROCEDURE FOR OBTAINING APPROVAL OF A LARGE SCALE DEVELOPMENT. The procedure for obtaining the approval of a large scale development shall be the same as that procedure used for obtaining the approval of a subdivision, except that the Final Plats and Statements shall be filed with the Town Clerk and the County Recorder. TITLE 8 BUILDING CODE 08.01. BUILDING PERMITS REQUIRED, PROCEDURE THEREFOR. 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 construc- tion 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 dimensions 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 modi- fying 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, qeasi-public, or public building or structure shall first make application to the Town Clerk for a separate build- ing 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 accompanied 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 build- ings to be erected, the location of the proposed work with respect to front, rear, and side property lines, and the layout of proposed off-street parking. The term "substantially" 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. 08.02. ADOPTION OF THE UNIFORM BUILDING, PLUMBING, AND ELECTRICAL CODES, WITH EXCEPTIONS. The specifications and requirements of the Uniform Electrical Code, Uniform Plumbing Code, and Uniform Building Code, as published by the International Con- ference of Building Officials, edition of 1985 shall be adopted as the Building Code of the Town of Marsha, with the exception of Section 301 (a) of the Uniform Building Code, which shall be replaced by Section 08.01 of this Code, and with the exception of such other sections of the Uniform Building, Electrical, and Plumbing Codes as may be superseded by portions of this Code, and with the in- clusion of additional requirements and specifications which are ated hereinafter as Section 08.03 of this Code, said sections of this Code to supersede and replace any conflicting portions of the Uniform Building, Electrical, or Plumbing Codes named herein. 08.03.02. Clear View of Intersecting Streets No obstruction which will obscure the view of motor vehicle drivers shall be placed on any corner lot with a triangular area formed by the street right-of-way lines a line connecting them at points forty five (45) feet from the in~ 3section of adjacent street right-of-way lines. 08.03.07. ~bile Homes All mobiles homes or similar units used as residences or as commercial or industrial shall meet the mobile home or manufactured home standards adopted by the State of Arizona. All mobile homes or similar units put in place within the Town of M~rana shall be skirted on both sides and ends unless they are placed at ground One screened panel (door), minimum 18 inches wide and 24 inches high, shall be placed at each end of the unit for ventilation and emergency access to underside of mobile home. Mobile homes or similar units may be placed at ground level pro- viding they be installed per the specifications of the Office of Manufactured Housing, State of Arizona, and in locations approved by the Planning and Zoning Administrator of the Town of Marana, Town of Marana Engineer, or Building Official/ Inspector of the Town of Marana, as relates to the hydrology of the proposed construction (placement) site. 08.04.01. Basic Permit Application Fee Building permit fees to be as prescribed in Section 307, Table 3 (a) of the Uniform Building Code, 1985 Edition. 08.04.02. Plan Check Fees Plan review fees to be as prescribed in Section 304 (b) of the Uniform Building Code, 1985 Edition. (b) Plan Review Fees. When a plan or other data are required to be submitted by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table No. 3-A. Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in Table No. 3-A. 08.04.03. Inspection Fees Inspection fees to be as prescribed in Section 307, Table 3 (a) of the Uniform Building Code, 1985 Edition. TITLE 9 ADMINISTRATION AND ENFORCEMENT 09.01.01. Building Permit Requirements. Building permit requirements to be consistent with the Uniform Building Code, 1985 Edition. TITLE 10 A~ViENDMENT S 10.01. Amendment Procedure. This Development Code Ordinance, including the Zoning Map, may be amended, but all proposed amendments hereto shall be submitted first to the Planning Commission for its recommendations, which recommendations shall be submitted to the Town Council within thirty (30) days after any proposed amendment has been considered by the Planning Commission in a regular public meeting. Any person seeking an amendment to this Development Code Ordinance shall first submit to the Planning Commission a written petition designating the change desired and the reasons therefor, and shall pay a filing fee of twenty-five dollars ($25.) to the Town Clerk. Upon receipt of said petition and the accompanying filing fee, the Planning Commission shall consider the request at its first regularly scheduled meeting that is not less than fifteen (15) working days after the filing of the amendment request. Except for amendment requests that involve a change of zoning for land within the Town of Marana, the Planning Commission shall consider the requested amendment and certify its recommendations to the Town Council within sixty (60) days after its first consideration by the Commission. Failure on the part of the Planning Commission to certify its recommendations to the Town Council within said sixty (60) days shall be deemed to constitute neither a recommendation for approval nor denial of the requested change, unless a longer period of consideration has been granted by the Town Council. The filing fee shall not be returned to the petitioner requesting the amendment. Any member of the Planning Commission or the Town Council, acting in an official capacity, or the Planning and Zoning Administrator, or the Town Building Official, or the Town Attorney, may also initiate an amendment to this Development Code Ordinance without the payment of said filing fee. WHERF~S, the immediate operation of this Ordinance is necessary for the preservation of the public peace, health and safety of the Town of Marana, an emergency is hereby declared to exist, and this Ordinance shall be in fall force and effect from and after its passage, adoption and approval by the Tow~ Council of Mararia. this PASSED AND ADOPTED by the Town Council of the Town of Mmrana Arizona 3rd day of December , 1985. ATTEST: Mayor own Cle f