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HomeMy WebLinkAboutOrdinance 93.04 Adopting revisions to title 2 of the land development code ORDINANCE NO. 93.04 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING REVISIONS TO TITLE 2 OF THE TOWN OF MARANA DEVELOPMENT CODE BY REFERENCE AND FIXING THE EFFECTIVE DATE THEREOF; PROVIDING FOR REPEALING THE EXISTING TITLE 2 OF THE DEVELOPMENT CODE; PROVIDING SEVERABILITY AND DECLARING AN EMERGENCY. WHEREAS, the Town Council of the Town of Marana did on May 14, 1984 adopt Ordinance No. 84.04 which Ordinance adopted a Development Code for the Town of Marana; and WHEREAS, the Town Council has determined it would be in the best interests for the Town of Marana to amend Title 2 of that Development Code to better define the responsibilities of Town Council, certain Boards and Commissions, and Town administrative staff functions to bring them into compliance with Section 9-461.01 of Title 9 of the Arizona Revised Statutes, as it establishes the Planning Agency; and .."......... WHEREAS, the Town Council has deemed it would be in the best interests of the Town of Marana to further define the duties and responsibilities of the Town Council, establish the Town council as the Board of Adjustment, refine the duties, responsibilities, make-up and terms of the Planning Commission, repeal the provisions establishing the Planning Advisory Committee and the duties and responsibilities of that Committee, and refme the duties and responsibitilities of the Planning Administrator, Building Official, Town Clerk, and Town Engineer as they relate to Planning and Zoning matters; NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona: Section I: That certain document known as Development Code, Title 2, Administration, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which document was made a public record by Resolution No. 93-12 of the Town of Marana, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. Section II: The existing Title 2 of the Development Code and all ordinances or parts of ordinances in conflict with the provisions of this ordinance or any part of the document.adopted herein by reference are hereby repealed effective as of the date of this resolution. Section III: If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the document adopted by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section N: Whereas, it is necessary for the preservation of the peace, health and safety of Marana, Arizona, an emergency is declared to exist, and this ordinance shall become immediately operative and in force from and after the date of posting hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of April, 1993. ATTEST: ') ('IJ . /1 .---.; /.. ~~ /J.k~J ~~_._.j Mayor/Ora Ham ----..- TITLE 2 ADMINISTRATION 02.01 Administration - In General This chapter establishes the governmental structure and processes for the administration of the Land Use Planning and Zoning Regulations. It defines the roles of the "Planning Agency", as defined by Arizona Revised Statutes, Section 9- 461.01 for the Town Mayor and Council, the Planning Commission, and the Planning Department. It also defines the roles of the Town Council acting as the Board of Adjustment, the Planning Administrator, the Town Building Official, and the Town Clerk and Town Engineer as they relate to Planning and Zoning Matters. 02.01.01 Marana Mayor and Council The Marana Mayor and Council is the legislative body for these regulations. As such, it shall make final determinations on all matters of a legislative nature as specific in this chapter. 02.01.02 Adoption of a General Plan. The Town Council may adopt a general plan of the Town or any part thereof. Upon adoption of such a general plan, the Town Council shall assure that no street, park, or other public way, ground, place or space, no public building or structure, and no public utility, whether publicly owned or privately owned, over which the Town of Marana has jurisdiction shall be constructed or authorized until and unless the location and extent thereof shall be determined to conform to said comprehensive development general plan. 02.01.03 Adoption of Zoning, Development, and Building Regulations. A. Division of the Town into Zones. For the purpose if promoting health, safety, and the general welfare of the community, the Town Council may divide the Town or any portion thereof into zones of the number, shape, and area it deems best suited to carry out the purpose of this code, and within such zones it may regulate and restrict the erection, construction, alteration, repair, or use of buildings or structures and the use of the land. B. For the same purposes, the Town Council shall be empowered to: 1. regulate the location of buildings and structures, the size and use of lots, yards, courts, and other open spaces, the percentage of a lot which may be occupied by a building, structure, or mobile home, and the intensity of land use; 2. establish requirements for off-street parking and loading; 3. establish and maintain building setback lines; 4. require as a condition of rezoning or approval of significant land use change, the public dedication of right of way as streets, public ways, drainageways, and public utility easements as are reasonably required by or related to the effect of the rezoning or significant land use change; 5. designate floodplain zoning districts and adopt regulations to protect life and property from the hazards of inundation, such regulations to include variable lot sizes, special grading or drainage requirements, or other requirements deemed necessary for the public health, safety, or general welfare; 6. establish special zones and adopt regulations for certain lands characterized by adverse topography, adverse soils, subsidence of the earth, lack of water or other natural or manmade hazards to life or property, and such regulations as may include variable lot sizes, special grading or drainage requirements, or other requirements deemed necessary for the public health, safety, or general welfare; 7. adopt detailed regulations governing the construction of buildings or other structures within the Town; 8. adopt regulations and procedures governing the subdivision and development of land within the Town and the development of large scale projects within the Town as certified by this code; and, 9. do any other act necessary, appropriate, or desirable to carry out the purpose of this code. 02.01.04 Approval of Subdivisions and Large Scale Development Plans. The Town Council shall review and approve or disapprove all vicinity plans, preliminary plans, and final plats of subdivisions and large scale developments proposed for the land within the Town, after such plans have been reviewed and approved by the Town Planning Commission in accordance with the appropriate section of this code. The Town Council shall hear all appeals from decisions of the Planning Commission with respect to subdivision and large scale development plans. 02.01.05 Set Fees and Manner of Charges. The Town Council shall set all fees for building permits and inspections and all submissions and procedures performed under any Section of this Code. Such fees shall be set by Resolution of the Town Council. 02.01.06 Relation to Other Entities. The Town Council shall consider the recommendations of the Planning Commission, the Planning Administrator, and the Town Building Official/Inspector before taking any action under the terms of this code. 02.01.07 Amendments The Town Council may amend this code from time to time by simple majority vote of the entire Council membership subject to the requirements of Title 10 herein. 02.02 Planning Commission The Planning Commission is established as an advisory commission to the Mayor and Council. As such, its function is to hear and consider matters of a legislative nature, and of policy. 02.02.01 Establishment and Composition A. The Town Council of the Town of Marana hereby creates a Planning Commission to consist of seven voting members. The seven 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 necessary and reasonable expenses incurred in accomplishing the purposes of the 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 terms of office for the appointive regular members of the Planning Commission shall be two, and four to be arranged as follows: four shall be appointed for two years; and five shall be appointed for four years. Thereafter, the terms of office for each appointed regular members shall be for four years. Vacancies occurring otherwise than through the expiration of terms shall be filled by appointment by the Mayor with the consent of the Town Council. Regular members of the Planning Commission may be removed from office without 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 Town 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 in conflict with other sections of this Code or other Ordinances of the Town of Marana or with the laws of the State of Arizona. 02.02.03 Duties and Powers A. Preparation of a General Plan. It shall be the function and duty of the Planning Commission, after holding public hearings, to make and adopt and recommend to the Town Council a General plan for the physical development of the Town, including any areas outside of the Town Limits which, in the judgement of the Commission, bear relation to the development of the Town. Where the plan involves territory outside of the Town Limits, the provisions of the Plan that pertaining to such external territory shall be made known to the appropriate authorities of Pima County or those municipalities having jurisdiction over said territory. Said General Plan, with accompanying maps, plats, and descriptive and explanatory matter shall show the Planning Commission's recommendations for the physical development of the Town and may include, among other methods of circulation and transportation; the general location and extent of public facilities for water, power, sanitation, or playgrounds, and drainage facilities; and the use of land, whether for residences, commerce, industry, agriculture, flood channels, or open space. The Planning Commission may, from time to time, amend, extend, or add to the General Plan or carry any part of the Plan's subject matter into greater detail. B. Reports and Recommendations. The Planning Commission may make reports and recommendations relating to the planning and development of the Town to the Marana Town Council and to other organizations and residents of the Town. The Commission may recommend programs for public improvements and the financing thereof to executive or legislative officials of the Town. C. Regulation of Subdivisions and other Large Scale Developments. It shall be the duty of the Planning Commission to prepare regulations governing the subdivision of land and other large scale developments within the Town, to prepare amendments to such regulations when considered necessary and appropriate, and to submit said regulations and amendments to the Town Council for consideration and action. D. Approval of Plans and Plats for Subdivisions and Other Large Scale Developments. It shall be the duty of the Planning Commission to review and approve or reject plans and plats for all subdivisions and other large scale developments within the Town, before such plans and plats may be considered by the Town Council. E. Preparation of a Zoning Plan. The Planning Commission shall make and recommend to the Town Council a zoning plan for the Town, including both the full text of the Town's Zoning Regulations and maps indicating the location and limits of the regulations and the various zones. All proposed amendments to the zoning regulations and the Zoning Section of this Code shall first be submitted to the Planning Commission for its review and recommendations. Said recommendations regarding any proposed zoning change shall be submitted to the Town Council within thirty-one (31) days after submission to the Planning Commission unless a longer period shall have been granted by the Council. F. Preparation of a Multi-Year Improvement Program. The Planning Commission, each year, shall make and recommend to the Town Council a multi-year improvements program, which shall set forth an orderly program for the acquisition of land, buildings, and other facilities for Town purposes for a period of at least five (5) years beyond the fiscal year in which the program is prepared. The Planning Commission shall also, each year, submit to the Town Budget Committee a list of recommended improvements program for the following fiscal year. G. Conduct Hearing and Meetings. The Planning Commission may conduct hearings and meetings with interested property owners, and citizens of the Town of Marana and others in the process of carrying out its functions and duties. H. Review Proposed Land Use Changes. The Planning commission shall conduct hearing upon review for approval and disapproval and subsequent recommendation to the Town Council all proposals for Significant Land Use Change that are subject to such hearings in accordance with the Significant Land Use Change procedures described in Title 5 of this Code. 1. Review Proposed Annexations. The Planning Commission shall conduct a hearing upon and review for approval or disapproval and subsequent recommendation to the Town Council each proposal for annexation of land to the Town of Marana. Such hearings shall be conducted by the Planning Commission of the Town of Marana. All annexations shall be submitted to the Planning Commission for recommendation before submission to the Town Council for consideration and action. J. Review Proposed Street Dedications. The Planning Commission shall conduct a hearing upon and review for approval or disapproval and subsequent recommendation to the Town Council each proposal for the dedication of private land to be used as a street or other public thoroughfare by the Town of Marana. Each such proposal for dedication of land for public purposes shall be submitted to the Planning Commission for consideration and recommendation before being submitted to the Town Council for consideration and action. 02.03.01 Board of Adjustment The Board of Adjustment is the quasi-judicial body of the Town of established to grant relief from certain provisions of the Town Zoning Code, as specifically set forth, and within the limits herein established. 02.03.02 Establishment The Town Council is hereby established as the Board of Adjustment for the Town of Marana. 02.03.02 Meetings The Town Council shall convene as the Board of Adjustment when fulfilling responsibilities of the Board of Adjustment. Meetings of the Board of Adjustment shall be monthly and at such other times as may be necessary to conduct its business in a timely fashion. All meetings shall be open to the public and the Board shall cause an agenda to be made public not less than five (5) calendar days prior to its meeting. The agenda shall be made part of the Town Council agenda, and available by posting in a conspicuous place at the Town Hall. 02.03.03 Quorum and Voting Four (4) members of the Board of Adjustment constitutes a quorum. The concurring vote of the convening members is necessary to approve any matter before the Board. 02.03.04 Records The Board of Adjustment is to keep a public record of its hearings, decisions and findings. 02.03.05 Rules of Procedure The Board of Adjustment may adopt rules of procedure to carry out its functions. Copies of such rules will be filed with the Town Clerk and made available through the Planning Administrator. 02.03.06 Powers and Duties The Board of Adjustment shall perform the following duties: A. Variances: The Board shall hear and decide on requests for variances from the terms of these regulations, as herein provided. B. Interpretations: The Board shall hear and decide on interpretations of this code as herein provided. C. Nonconforming Uses: The Board shall hear and decide on applications for nonconforming uses as herein provided. D. Other Matters: The Board shall consider such other matters as may be referred by the Town Manager from time to time. 02.04 Planning Administrator The Planning Administrator shall, under the direction of the Town Manager, be the primary administrative official for the administration of this code. 02.04.01 Powers and Duties. The Planning Administrator shall have the authority and it shall be his/her duty to: A. Review all applications for building permits for compliance with provisions of the zoning regulations contained in this ordinance and to issue certificates of zoning compliance when such compliance exists and to instruct the Town Oerk to not issue a building permit or certificate of occupancy when there has not been compliance. B. Advise the Town Clerk regarding the issuance or non-issuance of building permits for reasons of compliance or non-compliance with the Town's Zoning Regulations as contained in this code, and to recommend the refusal of any building permit unless the plans for the proposed construction or substantial modification of an existing structure submitted with an application for building permit conform to the zoning regulations set forth in this code. C. Enforce the zoning provisions of this code, and wherever violations of said provisions occur, to consult wit the Town Attorney, to request the issuance of citations, to prepare exhibits, testimony, or other data which may be needed in such enforcement. D. Review all applications for subdivisions, condominium projects, mobile home parks, and other large-scale developments and advise the Planning Commission regarding the completeness of the plans and documents and their compliance with the appropriate provisions of this code. E. Respond to requests for information from the public an Town officials regarding details of the Town's Comprehensive Plan and the provisions of this Development Code. F. Make technical studies relating to amendments to this Development Code. G. Cooperate with and coordinate his/her work with the Town Engineer, Town Building Official/Inspector, planning consultants, and other Town officers and employees. H. Assist the Planning Commission in the preparation of its multi-year and annual improvement programs for the Town. 1. Keep this Development Code and the Official Zone Map current at all times. J. Be responsible for the enforcement of all the provisions of this Development Code except those provisions in Title 8, Building Code, that have been made the responsibility of the Town Building Official/Inspector. 02.04.02 Relation to Other Entities. The Planning Administrator shall give advice and assistance to the Planning Commission. He/she shall cooperate with the Town Engineer and the Town Building Official/Inspector. He/she shall direct the work of the Town Clerk with respect to the appropriate subject matter of this Code as may be required. 02.05 Building Official/Inspector The Building Official/Inspector shall assist the Planning Administrator in the administrative responsibilities of this Code. 02.05.01 Powers and Duties. The Town Building Official/Inspector shall have the authority to and shall have primary responsibility to: A. Enforce the provisions of Title 8, Building Code, of this ordinance. B. Review all applications for building permits for compliance with the Building Code provisions of this code and issue certificates of compliance when such compliance exists and instruct the Town Clerk to not issue a building permit or certificate of occupancy when there has not been compliance. C. Advise the Town Oerk regarding issuance or non-issuance of building permits for reasons of compliance or non-compliance with the Building Code provision of Title 8 of this code, and recommend the refusal of any building permit unless the plans for the proposed construction or alteration conform to the Building Code provisions for this code. D. Consult with the Town Attorney whenever violations of the Building Code provisions of this code occur and request the issuance of citations, issue stop- construction orders, and prepare exhibits, testimony, or other data which may be needed in the enforcement of the Building Code provisions of Title 8 of this code. E. Advise the Planning Commission, the Planning Administrator, and the Town Council regarding the updating or other revision of the Building Code provisions in Title 8 of this code. 02.05.02 Relation to Other Entities. The Town Building Official/Inspector shall give advise and assistance to the Planning Commission. He/she shall cooperate with the Town Engineer and the Planning Administrator. He/she shall direct the work of the Town Oerk with respect to Section 02.05.01, Section 02.06, and Title 8 of this code. 02.06 Town Clerk The Town Clerk shall assist the Planning Administrator in the administrative functions of this code. 02.06.01 Powers and Duties. With respect to the administration of this Development Code, the Town Clerk shall have the authority and the duty to: A. Issue all building permits and certificates of occupancy and zoning compliance upon proper approval for the Planning Administrator and the Town Building Official/Inspector or their designated representatives. B. Maintain and make available to the public the files of the actions of the Planning Commission and the Town Council with respect to matters treated by this code, maintain copies of this Development Code and all other regulations, minutes, records, and maps as may be matters of public record and related to the provisions of this code. C. Collect and maintain a record of and properly disburse all moneys, fees, and charges levied under the provisions of this code. . 02.06.02 Relation to Other Entities. In matters involving Title 8, Building Code provisions, of this ordinance code" the Town Oerk shall be responsible to the Town Building Official/Inspector. In all other matters treated in this Development Code, the Town Oerk shall be responsible to the Planning Administrator. 02.07 Town Engineer The Town Engineer shall assist the Planning Administrator in the administrative functions of carrying out this code. 02.07.01 Powers and Duties. With respect to the administration of this Development Code, the Town Engineer shall have the authority and the duty to: A. Review in detail all applications for subdivisions, condominium projects, mobile parks, and other large-scale developments as directed by the Planning Administrator, and recommend approval, disapproval, or modification of said plans for such developments to bring them into conformance with the provisions of Titles 6 and 7 of this code. B. Make technical studies, as directed by the Planning Administrator, with the concurrence of the appropriate Town Council Liaison Officer, of matters treated in this Development Code. . C. Cooperate with and coordinate work with the Planning Administrator and the Town Building Official/Inspector, planning and engineering consultants, and other Town officers and employees regarding matters in this Code. D. Assist the Planning Administrator and the Planning Commission in the performance of their duties when requested to do so by them. 02.07.02 Relation to Other Entities. With regard to matters treated in this Development Code, the Town Engineer shall be responsible to the Planning Administrator. He/she shall cooperate with the Town Building Official/Inspector and shall give advice and assistance to the Planning Commission and the Town Council when requested to do so by the Planning Administrator, the Chairman of the Planning Commission, the appropriate Town Council Liaison Officer, or the Planning Commission or the Town Council acting as a body.