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HomeMy WebLinkAboutOrdinance 93.05 Adopting revisions to title 5 of the land development code ORDINANCE NO. 93.05 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING REVISIONS TO TITLE 5 OF THE TOWN OF MARANA DEVELOPMENT CODE BY REFERENCE AND FIXING THE EFFECTIVE DATE THEREOF; PROVIDING FOR REPEAL OF EXISTING ORDINANCES; 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 revise Title 5 of the Town of Marana Development Code for new zones; and WHEREAS, the Town Council has deemed it would be in the best interests of the Town of Marana to phase out the existing zones and procedures found in Title 5, and to phase in the new zones in Title 5 to be adopted by this ordinance; 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 5, Zoning, 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. 93-13 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: All ordinances or parts of ordinances, including the sections of the existing Title 5 which the revisions replace, in conflict with the provisions of this ordinance or any part of the document adopted herein by reference are hereby repealed effective as of the date of this resolution.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 IV: 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. (2. )~ ~ \ ~:yor o:a riam ,~A,,"__.. TITLE 5 ZONING 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, inclusively 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 A. Official Zone Designations Prior to April 6, 1993. 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 Cruz River 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 the 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 the 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 River, on the east by Sandario Road, and on the west 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; (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 05.01.03 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. 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 Chapter 05.06. 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 offidal 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 Offidal Zone Map which shall be located in the Office of the Town Oerk 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 25 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 which 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 comer 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 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 mbble 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 Size 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 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 constnled, however, to permit any land use which may be 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 only and be non-transferable to a new owner or Lessee until a new Land Use Change request is allowed as provided in this section. H the applicant owner or lessee does not complete an allowed Land Use Change within one year the owner is then responsible for returning the property to its original condition and the property will return to its previous zoning classification. 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 in writing by certified mail, return receipt requested, those persons having a real property interest located within one-quarter mile (if the lot or parcel to be changed is in Zon~ 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 on the certified mail return receipt received from the post office at the time of 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 UBC occupancy classification and for operations using or storing hazardous materials described in Chapter 9 of the UBC information regarding the amount of hazardous materials and hazardous procedures. (4) a statement that those persons having a real property interest may protest the proposed land use change in writing to the Town Oerk 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 under a lease recorded with the Pima County Recorder and vendees of a recorded real estate sales 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 completed return receipt cards shall be provided to the Town of Marana. 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 protest the proposed land use change in writing to the Town Oerk 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 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 05.03.0 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 Coundl at the Coundl's next regular meeting as an order of business agenda item. The Town Coundl 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 explidt reason(s) therefore. If the Town Coundl 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. 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. 05.04.05 Change to a Conforming Use. Any nonconforming building or structure or land use which 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 Location of Structures to House or Enclose Animals. No barn, shed, corral, coop, fence, or other structure for the housing of bovine or equine animals, or swine, or for more than three (3) hoved animals of any other kind, shall be erected, constructed, or moved to within one hundred (100) feet of a human residence, except the residence of the owner of said animals. 05.05.04 Drainage of Surface Waters. No surface water shall be allowed to drain form 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. 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 form 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 (Reserved) 05.06 Specific Plans. 05.06.01 Purpose. The purpose of this Chapter is to provide uniform procedures and criteria for the preparation, review, adoption and implementation of specific pans as authorized by A.R.S. Section 9-461.08. 05.06.02 Application. A. Who May Make Application. A specific plan shall be requested by filing a specific plan application with the Planning Administrator and shall be made only by: 1. the property owner(s) of the subject property; or 2. an agent for the property owner(s); or 3. the Town of Marana, upon initiation by the Planning Commission. B. Restriction on Application. 1. 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 an 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 05.06.020.) g. 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 is a map and text summary of the impact of the proposed development on site conditions existing on the land to be regulated by the specific plan which shall address the following: 1. topography and slope analysis; 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; 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; g. Location and extent of existing or proposed provisions for sewage 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; g. 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; i. General landscape program; j. 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; 1<. 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 Chapter 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 Chapter 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 failure of the Planning Administrator to notify the applicant pursuant to this Section of changes necessary in order to bring the application into compliance with the provisions of this Section shall be deemed an acknowledgement that the specific plan application is complete. Fees and Fees of Consultants. 05.06.03 Non-refundable Specific plan fees are required at the time of the filing of a plan application and are payable to the Town Clerk 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. 05.06.04 Planning Commission Review. A. Public Hearing. A public hearing on the proposed specific plan shall beheld by the Planning Commission no later than 60 days following the applicants 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. Certified mail notification (return receipt make to the Marana Town Hall) 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 Town 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 0.04.01 The proposer of the specific plan shall provide the Planning Administrator 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. The Planning Administrator and the Town Engineer, along with 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 05.06.02D.; 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 Chapter 10.02. 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 instnlctions 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. Within 30 days following the public hearing, the Planning Commission shall transmit a written recommendation on the application to the Town Council in accordance with Paragraph A of Chapter 10.03. G. Superseding Effect The provisions for this Chapter 05.06. shall supersede the provisions contained in Chapter 10.01. insofar as the provisions of Chapter 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 Chapter 10.02. relating to the giving of notice of a public hearing by the Planning Commission. B. Public Hearing. 1. After proper public notice, the Town Council shall hold a public hearing on the application, at which interested parties shall be heard. The public hearing to be held by the Town Council shall occur no later than 120 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. 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. 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: 1. 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. 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. 1. 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 Chapter 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. 05.10.02 (1 " \ " \ R-I44 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. B. Location. The locations of the R-I44 zones are near the boundaries of Saguaro National Monument, in environmentally sensitive areas, and those areas shown on the Town of Marana General Plan. C. Permitted Uses. 1. One single-residence on any lot or parcel. 2. Foster homes and group homes for the disabled as defined by the Fair Housing Amendment Act of 1988. 3. Aviaries and apiaries, provided buildings, pens or hives are not closer than two hundred (200) feet to any neighboring residence. 4. Schools and places of worship, including parish houses, parsonages, rectories, convents and dormitories accessory thereto. 5. Publicly and community owned recreational uses and community buildings. D. Accessory Uses. ~ /1. Home occupations 2. Signs as regulated by the Town Code 3. Corrals, barns, stables and other livestock as accessory to a primary residential use, provided that pens, accessory buildings, and corrals other than open pastures are not closer than 200 feet to any property line or street. E. Conditional Uses. /7 1. Model Homes .' i 2 Home Occupations 3. Plant nurseries and greenhouses. 4. Government buildings and facilities when necessary for serving the surrounding territory; provided, that no public business offices and no repair or storage facilities are maintained therein. 5. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises. 6. Athletic facilities and day care centers in conjunction with a place . {Ie r \r\ :'1 At? tA/ of worship, provided such activi~ are on the same lot or contiguous lot. 7. Accessory living quarters. 7~" 8. Commercial riding stables and boarding stables, provided the site contains at least ten (10) acres and that such stables are located at least two hundred (200) feet from any property line. 9. Residential facilities for the developmentally disabled. 10. Modular Housing F. Temporary Uses. 1. Christmas tree lot. 2. Temporary sales offices and/or model homes 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. G. Prohibited Uses: 1. All commercial and business uses, except those specifically permitted. 2 All manufacturing, warehousing and wholesaling, except those specifially permitted. 3. Multiple dwelling units. 4. Recreational vehicle parks and mobile home parks 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. H. Site Development Standards: 1. Minimum lot size: 144,000 square feet 2 Minimum lot width: 200 feet 3. Maximum building height: 30 feet, or two (2) stories, whichever is most restrictive. 4. Minimum front yards: a) On an arterial street - 50 feet b) On a non-arterial street - 40 feet 5. Minimum sideyard: 50 feet 6. Minimum sideyard on a street a) On an arterial street - 75 feet b) On a non-arterial street - 50 feet 7. Minimum rear yard - 50 feet, unless the lot abuts a non-residential . uses, in which ease, a minimum rear setback of 100 feet is required. 05.10.03 R-36 Single Family Residential A. Purpose - The purpose of the R-36 zone is to provide for the development of single family homes on large mrallots to help protect environmentally sensitive areas, to provide opportunity for a more rural lifestyle, and to provide a variety of housing opportunities for the residents of Marana. B. Location - (Reserved) C. Permitted Uses: Single Family Detached Homes. D. 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 strocture 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. accessory living quarters or guest room, provided there is no kitchen and the quarters are not leased or rented; 2. children's play house; 3. greenhouse or lathhouse; 4. noncommercial hobby shops; 5. patios and cabanas; 6. swimming pools, spas, and related stroctures; 7. tool shed; 8. tennis courts provided they have no lighting. E. Conditional Uses - (Reserved) F. Temporary Uses - (Reserved) G. Prohibited Uses - (Reserved) H. Development Standards - General - Single Family Residential 1. Minimum lot area: thirty-six thousand (36,000) square feet. 2. Minimum lot width: eighty feet. 3. Minimum yard requirements: a). Front thirty feet. b). Side: ten feet each. c). Rear: forty feet. 4. Building lteight limitations: a). Maximum height: twenty-five feet. b). Maximum stories: none. 5. Minimum distance between main buildings: twenty feet. 1. Development Standards - Detached Accessory Buildings - Single Family Residential 1. Permitted coverage: One-third the total area of the rear and side yards. 2. Minimum distance requirements: a). To main buildings: seven feet; b). To front lot line: sixty feet; c). To side and rear lot lines: four feet. J. Cluster Development Option - Single Family Residential 1. Purpose a). The purpose of the cluster development option is to provide: 1). Site planning and unity of design in harmony with the natural features and constraints of specific sites, and particularly on sites possessing unique or severe topographic or hydrologic features; 2). Protection of natural and man-made elements of scenic, or environmental significance; 3). Design innovation; 4). Flexibility in the siting of structures and roadways; 5). More cost-effective development due to decreased grading and more efficient servicing of the development with utilities, roads and other essential services; 6). Additional open space for private or community purposes; 7). Protection of existing neighborhoods through the provision of open space buffers and the location of structures. 2 Development Standards a). Minimum site per dwelling unit: 10,000 square feet. b). Minimum setbacks 1). Front yard: ten feet. 2). Side yard: ten feet. 3). Street side yard: ten feet. 4). Rear yard: twenty feet, except on a golf course fairway where the minimum rear yard shall be thirty feet. 3). Common space resulting from dwelling lot reductions as provided herein shall be dedicated to the applicable homeowners association after the completion of improvements in accordance with plans approved by the Town Planning Commission and Town Council. Financial assurances may be posted with the Town for the required improvements. When approved by the Town Council, the improved open space may be dedicated to the Town of Marana for maintenance, but only when the open space is of sufficient size and in a proper location to serve as a Town park, or part of a Town open space system. Final Plats shall delineate and annotate open space. 05.10.04 R-16 Residential (Reserved) 5.10.05 R-8 Residential A. Purpose - The purpose of the R-8 zone is to provide for single family residential development that is environmentally sensitive and achieve a high quality of design and a variety of housing sizes and styles. B. Location - (Reserved) C. Permitted Uses - Single Family Detached Homes D. Accessory Uses : The following accessory building 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. Children's play house; 2. Greenhouse or lathhouse; 3. Noncommercial hobby shops; 4. Patios and cabanas; 5. Swimming pools, spas, and related structures; 6. Tool shed; E. Conditional Uses - (Reserved) F. Temporary Uses - (Reserved) G. Prohibited Uses - (Reserved) H. Development Standards 1. Minimum Lot Areas a. 8,000 square feet. b. Exception: The required minimum lot area for anyone- family unit may be reduced by one square foot for each square foot of common usable open space provided elsewhere on the site dedicated and maintained by a homeowners association, and as may be approved by the Planning Commission and Town Council. The common usable open space shall fully improved. The total reduction in minimum lot area shall not exceed 1,000 square feet per lot. 2. Minimum Front, Side and Rear Yards a. Front yard: minimum of 20 feet b. Side yard: minimum of 6 feet c. Street side yard: minimum of 10 feet d. Rear yard: minimum of 20 feet 3. Minimum Distances a. Between principal buildings ......... 7 feet b. Between principal buildings and detached storage or utility buildings..3 feet 4. Maximum Heights: Twenty five (25) feet. 5. Maximum Number of Stories: None. 6. Underground Utilities - All utilities shall be placed underground on the site, except that power lines in any part of dedicated rights-of- way bounding the site may be overhead. Overhead service drops to the site from such lines bounding the site may be allowed for a distance no greater than 100 feet. 05.10.06 R-7 Residential A. Purpose -The R-7 Residential Zone is primarily intended to provide for detached single-family residential development with a variety of housing sizes and a high quality design. It also allows an attached, single-family residential development with special amenities and a variety of housing sizes and high quality design. B. Location - (Reserved) C. Permitted Uses - Property zoned R-7 may be used for single-family residential uses. D. 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). Children's playhouse; 2). Greenhouse or lathhouse; 3). Noncommercial hobby shops; 4). Patios and cabanas; 5). Swimming pools, spas, and related structures; 6). Tool shed; E. Conditional Uses - (Reserved) F. Temporary Uses - (Reserved) G. Prohibited Uses - (Reserved) H. Development Standards 1. Minimum Lot Areas a. For single family detached homes; 7,000 square feet. b. Exception: The required minimum lot area for anyone- family unit may be reduced by one square foot for each square foot of common, developed usable open space provided elsewhere on the site and deeded to a homeowners association for maintenance, and as may be approved by the Town Council upon recommendation of the Town Planning Commission. 2. Minimum Front, Side and Rear Yards 05.10.07 R-7 Residential A. Purpose -The R-7 Residential Zone is primarily intended to provide for detached single-family residential development with a variety of housing sizes and a high quality design. It also allows an attached, single-family residential development with special amenities and a variety of housing sizes and high quality design. B. Location - (Reserved) C. Permitted Uses - Property zoned R-7 may be used for single-family residential uses. D. 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 stn1cture 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). Children's playhouse; 2). Greenhouse or lathhouse; 3). Noncommercial hobby shops; 4). Patios and cabanas; 5). Swimming pools, spas, and related stmctures; 6). Tool shed; E. Conditional Uses - (Reserved) F. Temporary Uses - (Reserved) G. Prohibited Uses - (Reserved) H. Development Standards 1. Minimum Lot Areas a. For single family detached homes; 7,000 square feet. b. Exception: The required minimum lot area for anyone- family unit may be reduced by one square foot for each square foot of common, developed usable open space provided elsewhere on the site and deeded to a homeowners association for maintenance, and as may be approved by the Town Council upon recommendation of th~ Town Planning Commission. 2. Minimum Front, Side and Rear Yards a. The minimum front or rear yards shall be 20 feet. b. The minimum side yard shall be 5 feet, but the combination of side yards shall be 12 feet. 3. Maximum Heights: Twenty five (25) feet. 4. Maximum Number of Stories: None. 5. Underground Utilities - All on-site utilities shall be placed underground on the site, except that power lines in any part of dedicated rights-of-way bounding the site may be overhead. Overhead service drops to the site from such lines bounding the site may be allowed for a distance no greater than 100 feet. 6. Parking and Circulation - Two parking spaces of off-street parking shall be provided for each residence. 05.10.07 R-6 Residential A. Purpose - The R-6 Residential Zone is primarily intended to provide for detached single-family residential development with a variety of housing sizes and a high quality design. It also allows an attached, single-family residential development with special amenities and a variety of housing sizes and high quality design. B. Location - (Reserved) C. Permitted Uses - Property zoned R-6 may be used for single-family residential uses, both attached and detached. D. Accessory Uses: 1. 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: a). Children's playhouse; b). Greenhouse or lathhouse; c). Noncommercial hobby shops; d). Patios and cabanas; e). Swimming pools, spas, and related structures; f). Tool shed; 2. Project Accessory Uses: a). Swimming pools in a common recreation area. b). Community recreation uses, including tennis courts, bath house, recreation building patio shelters and other community facilities common to a homeowner association, if established, provided however, no lighting of the tennis courts is permitted. E. Conditional Uses - (Reserved) F. Temporary Uses - (Reserved) G. Prohibited Uses - (Reserved) H. Development Standards 1. Intensity Standards - On any parcel or unit of development, there shall be no more than seven (7) dwelling units per gross acre of parcel area. 2. Minimum Lot Areas a. For single family detached homes; 6,000 square feet. Exception: The required minimum lot area for anyone- family unit may be reduced by one square foot for each square foot of common, developed usable open space provided elsewhere on the site and deeded to a homeowners association for maintenance, and as may be approved by the Town Council upon recommendation of the Town Planning Commission. b. For each one-family unit, 4,000 square feet, provided that maximum overall densities are not exceeded. 3. Minimum Front, Side and Rear Yards a. For single-family detached, the minimum front and rear yard setback shall be 20 feet, and the minimum side yard shall be 5 feet. b. Along project boundaries, the minimum front, side or rear yards shall be 10 feet. c. Within project boundaries, no minimum building setbacks shall be required. 4. Minimum Distances a. Between principal buildings .......... 5 feet b. Between principal buildings and detached storage or utility buildings.......... 3 feet c. Between principal buildings and a recreational and social center buildings .......... none 5. Minimum Usable Open Space: For each attached dwelling unit the minimum amount of usable open space shall 1000 square feet which shall be improved and dedicated to a homeowners association and in accordance with plans recommended by the Town Planning Commission and approved by the Town Council. 6. Maximum Length of Buildings; Attached Units: A row of attached homes shall extend no more than 300 feet. This requirement may be waived by the Planning Administrator for buildings of serpentine or curvilinear design if otherwise adequate provision is made for fire lanes, hydrants and other emergency services. 7. Maximum Heights: Twenty five (25) feet. 8. Maximum Number of Stories: None. 9. Underground Utilities - All on-site utilities shall be placed underground on the site, except that power lines in any part of dedicated rights-of-way bounding the site may be overhead. Overhead service drops to the site from such lines bounding the site may be allowed for a distance no greater than 100 feet. 10. Parking and Circulation - Two parking spaces of off-street parking shall be provided for each residence. Parking may be furnished on individual lots or in common parking areas where the project is composed of attached residential units. Where common areas are used, five percent of such areas shall be landscaped with living plant material. Any private drives, common parking areas, street, or other means of vehicular circulation on the site shall be paved or maintained in a dustproof, all weather condition. 05.10.10 RV Recreational Vehicle (Reserved.) 05.10.11 MHP Manufactured Home Park (Reserved) 05.10.12 MHS Manufactured Home Subdivision (Reserved) 05.11.01 CO Commercial Office 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 in Section 05.10.07 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 pharmades; but not including drug stores. 5. 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. 6. Public Service: Detective and protective services, employment services and public utility offices. 7. 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 carryouts) subject to: a. The facility is designed to preclude vehicular ingress and egress in conflict with existing or planned adjacent residential uses. 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: 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. 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. 1. Residential uses as provided Section 05.11.07 2. Commercial Office (CO) uses as provided in Section 05.11.01e. 3. The following uses are permitted in the Neighborhood Commercial Zone. a. Apparel stores. b. Appliance stores. c. Banks and financial institutions, excluding drive-thru and outdoor teller facilities. d. Barber and beauty shops. e. Bicycle shops. f. Child care institutions. g. 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), o. 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). 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-thru facilities for banks, financial institutions, restaurants, and other similar uses. a. Criteria (1) Not closer than fifty (SO) 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. 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. I. 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. 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 Parking Areas: All off-street parking spaces and servicing drives shall be located within the boundaries of the property. Off-street parking spaces shall be provided at one (1) space per two hundred fifty (250) square feet of gross floor area. e. 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. f. Storage: Except in instance where specifically permitted and controlled under the provisions of this ordinance, open storage of equipment and materials is prohibited. g. Landscaping: At least 10% of the area not covered by buildings shall be landscaped. parcel area. 2. Minimum Lot Areas a. For single family detached homes; 6,000 square feet. Exception: The required minimum lot area for anyone- family unit may be reduced by one square foot for each square foot of common, developed usable open space provided elsewhere on the site and deeded to a homeowners association for maintenance, and as may be approved by the Town Council upon recommendation of the Town Planning Commission. b. For each one-family unit, 4,000 square feet, provided that maximum overall densities are not exceeded. 3. Minimum Front, Side and Rear Yards a. For single-family detached, the minimum front and rear yard setback shall be 20 feet, and the minimum side yard shall be 5 feet. b. Along project boundaries, the minimum front, side or rear yards shall be 10 feet. c. Within project boundaries, no minimum building setbacks shall be required. 4. Minimum Distances a. Between principal buildings .......... 5 feet b. Between principal buildings and detached storage or utility buildings.......... 3 feet c. Between principal buildings and a recreational and social center buildings .......... none 5. Minimum Usable Open Space: For each attached dwelling unit the minimum amount of usable open space shall 1000 square feet which shall be improved and dedicated to a homeowners association and in accordance with plans recommended by the Town Planning Commission and approved by the Town Council. 6. Maximum Length of Buildings; Attached Units: A row of attached homes shall extend no more than 300 feet. This requirement may be waived by the Planning Administrator for buildings of serpentine or curvilinear design if otherwise adequate provision is made for fire lanes, hydrants and other emergency services. 7. Maximum Heights: Twenty five (25) feet. 8. Maximum Number of Stories: None. 9. Underground Utilities - All on-site utilities shall be placed underground on the site, except that power lines in any part of dedicated rights-of-way bounding the site may be overhead. Overhead service drops to the site from such lines bounding the site may be allowed for a distance no greater than 100 feet. 10. Parking and Circulation - Two parking spaces of off-street parking shall be provided for each residence. Parking may be furnished on individual lots or in common ~rking areas where the project is composed of attached residential units. Where common areas are used, five percent of such areas shall be landscaped with living plant material. Any private drives, common parking areas, street, or other means of vehicular circulation on the site shall be paved or maintained in a dustproof, all weather condition. 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~ensity residential opportunity in a planned mixed~eve1opment 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 as set forth in Section 05.10.07 2 Commercial Office (CO) uses as permitted in Section 05.11.01C 3. Neighborhood Commercial (NC) uses as permitted in Section 05. 11.02C 4. The following list are permitted in the V.c. 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. g. Super drug stores (over 10,000 sq.ft.). h. Pet and pet supply stores. i. Such other comparable uses as may be approved by the Planning Administrator D. Accessory Uses - (Reserved) E. Conditional Uses - (Reserved) F. Temporary Uses - (Reserved) G. Prohibited Uses. The following uSes are prohibited in the V.c. zone: 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. 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. I. 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 prindpal 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. c) Except for the access ways permitted in c) below, the barrier shall be continuous for the entire length of the property line. 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 (SO) 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 Parking Areas: All off-street parking spaces and servicing drives shall be located within the boundaries of the property. Off-street parking spaces shall be one space for each three hundred (300) square feet of gross floor area. 7. 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. 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 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. 8. Storage: Except in instance where specifically permitted and controlled under the provisions of this Plan, open storage of equipment and materials is prohibited. 9. Landscaping: At least 10% of the area not covered by buildings shall be landscaped. 05.11.05 sc Specialty Commercial (Reserved) 05.11.06 VRC Vehide Related Commercial (Reserved) 05.12.01 CBC Campus Business Center A. Purpose. It is the purpose of the CBC zone to create a centerpiece employment and business center meeting the highest standards of amenity and technology. Toward that end, there are special development criteria created for this zone which shall prevail over all other criteria established in these regulations. B. Location. (Reserved) C. Permitted Uses. The following uses are specifically permitted in the CBC zone. 1. Lodging facilities 2. Medical, professional and general business offices. 3. Financial institutions, including drive-through facilities. 4. Uses primarily engaged in research activities, including, but not limited to, research laboratories and facilities, developmental laboratories and facilities including compatible light manufacturing similar to the following examples: a. Bio-chemical b. Chemical c. Film and photography d. Medical or dental e. Metallurgy f. Pharmaceutical g. Optical h. X-ray 5. Manufacture, research, assembly, testing, and repair of components, devices, equipment, and systems and parts such as, but not limited to the following: a. Computers b. Coils, tubes, semi-conductors c. Communication, navigation control, transmission and reception equipment,control equipment and system guidance equipment d. Data processing systems and equipment e. Metering instIUments f. Newspaper publishing and printing g. Optical devices, equipment, and systems h. Photographic equipment i. Optical equipment j. Scientific instIUments 6. Corporate and regional headquarter facilities and offices D. Accessory Uses (Reserved) E. Conditional Uses. The following uses may be permitted in the CBC zone subject to those conditi~ns determined necessary by the Town Council: 1. Day care facilities 2. Churches and religious facilities 3. Private educational facilities 4. Medical facilities 5. Retail services 6. Eating and drinking establishments, including drive-through facilities 7. Automotive service stations 8. Warehouse and distribution in connection with a permitted use . 9. Blueprinting, photostating, photo engraving, printing, publishing and book binding F. Temporary Uses (Reserved) G. Prohibited Uses. The following uses are specifically prohibited from the CBC zone: 1. Automobile sales or repair 2. Animal care, boarding and kennels 3. Manufacture and/or assembly of any of the following: a. Concrete products b. Farm equipment c. Heating and ventilating equipment d. Sheet metal products e. Trailers f. Trucks g. Wool and yam H. Intensity Standards 1. Minimum Parcel Size: the minimum size for all industrial parcels shall be one acre (43,560 square feet). The minimum site size for commercial or professional office uses shall be 20,000 square feet. 2. Maximum Building Coverage: the maximum building coverage for a lot shall be thirty percent (30%). Parking structures shall not be calculated as buildable area; however, said structures shall only be used for the parking of company vehicles, employee vehicles, or vehicles of persons visiting the site. I. Site Development Standards 1. Minimum Lot Dimensions. The minimum lot dimensions shall be as follows: a. Site width: 100 feet b. Site depth 200 feet The Planning Administrator may vary site width and depth provisions to accommodate proper si~e design. 2 Building Setbacks a. Front Yard: 50 feet, except that an unsupported roof or sun screens may project 6 feet into the setbacks area. b. Side Yard: 25 feet, except that an unsupported roof and sunscreens may project 6 feet into the setback area; provided that if a single building is constnlcted on two or more lots, or if a site on which a single building was originally constnlcted is further subdivided into two or more lots in accordance with the provisions of these Standards, no side yard setback is required from interior lot lines; provided further that, in any event, there shall be a minimum of at least 25 feet of open space between all buildings on the property. In the case of a comer lot, the side street setback shall be 30 feet, except an unsupported roof or sun screen may project 6 feet into the setback area. 3. Maximum Building Height a. Principal building: 50 feet b. Accessory building: 20 feet 4. Parking and Drives a. In General The intent of these provisions is to provide adequate on-site parking for all employees, visitors, and company vehicles and, thus, eliminate the need for any on-street parking. If the parking requirements of a site increase as a result of change of use or addition of employees, additional on-site or proximate off-street parking shall be provided to satisfy the intent of these provisions. Parking may be provided on a contiguous site for employees or company vehicles, provided the contiguous site is within 500 feet of the site. Where off-site parking is provided, a document shall be filed with the Planning Administrator signed by the owners of the adjacent site stipulating to the permanent reservation of the use of the site for parking, and the subsequent reduction in parking available to the adjacent site. b. Parking Area Location. Parking areas should be located at the sides or rear of a building whenever possible. Parking is permitted in the required front yard setback if adequate setback and landscaping provisions are made to effectively shield the parking from the street. No parking shall be permitted within 25 feet of the front lot line. Parking within the front of a building should be limited to customers, invitees, and visitors of the building occupant. c. Landscaping and Screening. The front, sides, and rear yard areas of every lot not used for building, parking, access drives, and pedestrian ways shall be landscaped. 1) Screening of parking. Front and side lot parking areas shall be landscaped and screened with an effective combination of street trees, trees, ground cover, earthen berms that are landscaped, and shrubbery so as to preclude, or effectively preclude, view of the parking areas from view from any street or public way. 2) Parking lot landscaping. Parking areas must be landscaped and designed to preclude the monotony of a large paved area. Toward this end, the following minimum standards apply: a) A minimum 15 foot width landscaped median nmning the length of the aisle shall be provided for every 3 contiguous rows of double-loaded parking spaces. b) A 10 foot minimum width landscaped island shall be spaced at a minimum of every 15 parking spaces. c) Parking aisles shall not exceed 40 cars in a row. Total parking areas shall be broken into sections not to exceed 400 cars. d) Native and / or approved vegetation is required within all medians and islands and shall be irrigated and maintained to insure viability. e) Curbs and/ or wheel stops shall be placed in such a manner as to preclude damage to landscaped areas. 3) Parking lot landscape plans and administration. a) A separate parking lot landscape plan must be approved by the Planning Administrator prior to any construction of any building,structure or other improvement. b) Every site, including parking areas, shall be landscaped according to approved plans within 30 days of occupancy or completion of construction, whichever comes first. A performance bond shall be posted with the Planning Administrator to insure compliance with this provision. c) Natural or approved landscape material is required. d) All landscaped areas shall be maintained in a well kept condition. e) During construction and hereafter, the owner or lessee shall take all reasonable means to protect and preserve all trees and protected plants on a site, unless otherwise approved by the Planning Administrator. All protected plants must be inventoried and identified prior to any construction and noted on the landscape plans. Fencing must be installed prior to construction around all vegetation to be preserved as required by approved plans. d. Driveways 1) N<;> driveway approach shall be permitted within 100 feet of a street intersection where an arterial or collector street ~parto.f~tmt~~o.n. 2) No. driveway appro.ach shall be permitted within 50 feet o.f the mtersectio.n o.f two. local ro.ads. 3) One curb cut ~ allo.wed far every 150 feet o.f street fro.ntage. 4) Driveways shall be a minimum o.f 24 feet and a maximum o.f 30 feet with a minimum return radius o.f 30 feet. 5. Loading and Sto.rage Areas. No. lo.ading area shall be allo.wed which ~ visible fro.m the fro.nt lo.t lme o.rfro.m any adjacent streets. Lo.ading areas shall be screened by an o.paque wall, architecturally co.mpatible with and extending fro.m the building to. eff~vely screen the lo.ading area. The screen wall shall extend vertically a distance equal to. two.-thirds (2/3) the height o.f the loading do.o.r as measured fro.m the ground to. the tap o.f the do.o.r, and shall extend at least fo.rty-five (45) feet from the building surface an which the do.o.rs are located. Sto.rage areas, mcluding areas used far dumpster o.f private garbage facilities, shall be screened fro.m all streets, freeways, and adjacent pro.perty. Said screenmg shall farm a co.mplete o.paque screen up to. a paint eight (8) feet in vertical height. Sto.rage within said screened area may no.t exceed the height o.f the screen. Outdo.o.r sto.rage shall include the parking o.f co.mpany trucks and vehicles, with the exceptio.n o.f passenger vehicles. Trucks and ather co.mpany vehicles may exceed the maximum sto.rage height o.f eight (8) feet. 6. Utilities. All utilities shall be placed undergro.und. Transfo.rmer o.r terminal equipment shall be visually screened fro.m view fro.m all adjacent streets and pro.perties. J. Architectural Standards. 1. In GeneraL All co.nstructio.n within the CBC zo.ne shall be reviewed and appro.ved by the Planning Co.mmissio.n. 2. Architectural Design. Any building o.r structure erected an a site shall co.nfo.rm to. the fo.llo.wing practices: a. The architectural design shall be co.ns~tent with the accepted so.und design principals o.f the pro.fessio.n, co.mpatible with surro.unding develo.pment, and in harmo.ny with the desert enviro.nment o.f the To.wn o.f Marana. Elements to. be co.nsidered include size and shape o.f the buildings, materials and co.lo.r sel~o.n, facade treatment, height, and site and landscape treatment. b. Materials and co.lo.rs must be in harmo.ny with the natural enviro.nment. Stark white shall no.t be used. Buildings sho.uld be predo.minantly o.ne o.f exterio.r material. An exterio.r materials and co.lo.r board o.r samples must be submitted and appro.ved by the Planning Co.mmissio.n. c. All sides and the rear o.f a building shall receive appro.priate design consideratio.ns. d. All flues, vents, do.wnspo.uts, electric meters, transfo.rmers and similar elements shall be painted to match the surface from which they project, or hidden by design features. e. All buildings must be designed by a licensed architect. Mechanical, electrical, and plumbing systems and structures must be designed and stamped by a registered engineer. f. Durable materials such as masonry and tilt-up concrete panels are preferred for all structures. Construction details such as change-of- plane, ribbing, fluting, texturing, banding, and/or reveals should be employed to break up large exterior wall surfaces. g. All roof-top equipment must be fully screened from view from any street, public way, or from any site within the area. h. Building designs should consider energy conservation in determining the orientation of the building on its site: 1) Geometric shape of the building and the building aspect ratio (ratio of length to width). 2) Thermal mass of the building. 3) Exterior surface colors. 4) Shading or reflection from adjacent structures, surrounding surfaces or vegetation. S) Opportunities for natural ventilation. 6) Wind direction and velocity. Building envelopes should be designed for adequate thermal resistance and low air leakage. Incorporation of an alternate energy source, such as solar, is highly encouraged. i. No excavation shall be made except in conjunction with construction of an improvement. When such improvement is completed, all exposed excavations shall be back-filled, graded, and returned as near as possible to its natural state. j. Once commenced, construction shall be diligently pursued to the end. Such construction may not be left in a partly finished condition any longer than is reasonably necessary. k. Upon completion of construction, the architect shall be required to submit to the Planning Administrator a letter stating that the building has been completed in substantial compliance with the approved plans. 05.12.02 Light Industrial A. Purpose The U zone is intended to provide for manufacturing, processing, research, science, engineering, wholesale trade and services and other commercial, institutional and certain limited retail sales and service. It is further intended that these activities shall: 1. Provide Marana residents with employment opportunities; and, 2. Provide for the manufacture and distribution of goods, materials, and services important to local as well as regional commerce and industry. The U zone is intended to provide a high quality working environment that is safe, healthy, aesthetically pleasing, and which in no instance shall cause a detrimental effect on adjacent land uses or the community environment as a whole. B. Location The following criteria shall be considered in establishing and maintaining the U zone: 1. 2. Consistency with the Marana General Plan. availability of a sufficiently large area to permit industrial development that can accommodate substantial buffering from non-industrial uses. Existence of a freeway, flood control channels, railroad tracks, and highways on the periphery of an area to provide barriers and separation from non-industrial uses. Vehicular access from a freeway and arterial highways without inducing traffic on residential streets or non-arterial streets. 3. 4. C. Permitted Uses The following uses shall be permitted in the U zone: 1. Manufacturing of: a. Electronics 1) Electrical and related parts 2) Electrical appliances 3) Electrical devices 4) Motors 5) Radios, televisions and phonographs b. Instruments 1) Electronic 2) Medical and dental tools 3) Precision 4) Timing and measuring c. Office and Related Machinery 1) Audio machinery 2) Computers 2 3. 3) Visual machinery d. Pharmaceutics 1) Cosmetics 2) Drugs 3) Perfumes 4) Soap 5) Toiletries e. Laboratories 1) Chemical 2) Dental 3) Electrical 4) Optical 5) Mechanical 6) Medical f. Manufacture and maintenance of signs g. Novelties and holiday paraphernalia h. Rubber and metal stamps i. Furniture and upholstering j. Candy k. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared materials: 1) Canvas 2) Cellophane 3) Ooth 4) Cork 5) Felt 6) Fibre 7) Fur 8) Glass 9) Leather 10) Paper 11) Precious or semi-precious stones or metals 12) Plaster 13) Shells 14) Textiles 15) Wood 16) Yams Wholesaling and Warehousing Services: a. Banks and financial institutions b. Blueprinting and photocopying c. Business research office related to the administration and operation of a permitted industrial use d. Day care . e. Newspaper publishing f. Office, business and professional g. Printing, lithographing, publishing h. Ramoandt~e~wnbroadcasting i. Restaurants, inclumng drive-through facilities 4. Processing: a. Carpet and rug cleaning b. Cleaning and dyeing c. Laundry 5. Movie, Tele~ion and Ramo Stumos 6. Similar Uses Permitted by Planning Administrator The Planning Administrator may permit other uses which may be determined to be similar to those listed above, and in conformity with the intent and purpose of this zone. D. Accessory Uses (Reserved) E. Conmtional Uses The following uses may be permitted in the U zone if it is found in each case that the inmcated criteria and limitations are satisfied and if specific conmtions are imposed by the Planning Commission to carry out the purposes of this zone: 1. 2. 3. Bottling works Machine shops Manufacture of: a. Products made from pre-prepared materials including metal, plastic, wood, and ceramic b. Food products such as bakery goods, candy, and dairy products. Metal plating shops Public service facilities, whether public utility or government Veterinary kennels and hospitals 4. 5. 6. F. Temporary Uses (Reserved) G. Prohibited Uses 1. The following manufacturing uses: a. Abrasives b. Carbon black and lamp plant c. Chemical plant d. Soaps and by-products using animal fat e. Fertilizers of all types f. Glue and sizing manufacturing plant g. Graphite manufacturing plant h. Gypsum and other forms of plaster base manufacturing i. Flammable Insulation manufacturing j. Metals extraction and smelting k. Paraffin manufacturing 1. Petroleum and petroleum products m. Tannery n. Turpentine manufacturing o. Wax and wax products p. Other similar uses as determined by the Planning Administrator 2. The following processing uses: a. Animal by-products processing b. Auto salvage yards c. Dog and cat food processing d. Fertilizers of all types e. Rubber reclaiming or processing f. Tar or asphaltic roofing processing g. Other similar uses as determined by the Planning Administrator H. Intensity Standards On any parcel of land or unit of development, the following intensity standards shall apply: 1. Building Coverage: Not more than 50% of the parcel area 2. Floor Area Ratio: 0.5 1. Site Development Standards The following standards apply in the U zone: 1. 2. 3. Parcel Width: Minimum of 100 feet Parcel Depth: Minimum of 200 feet Setbacks: a. Adjacent to a Residential Street: Not less than 50 feet along any street facing a residential area,which shall be landscaped; except, a low profile office structure of less than 18 feet in height may encroach into the required yard no more than 25 feet and may not cover more than 25% of the required setback area b. Adjacent to a Non-Residential Arterial Street Not less than 25 feet and at least 50% of the required setback shall be landscaped. c. Adjacent to a Local Industrial Street: Not less than 15 feet and at least 50% of the required setback shall be landscaped. d. Adjacent to a Residential Parcel Not Separated by a Street: Not less than 30 feet or the height of the building, whichever is greater, and the entire setback shall be landscaped. e. Adjacent to a Non-Residential Parcel Not Separated by a Street: Not less than 15 feet and the entire area shall be landscaped. Building Height: Not greater than 50 feet Architecture: Arc:hitectural considerations shall include, but not be limited to, the following provisions: 4. 5. a. Exterior walls shall be of concrete, glass or masonry constroction. b. Exterior color and materials of all buildings and block walls facing residential areas shall be harmonious with the residential development. All exterior walls must be either painted or surfaced with decorative materials. c. lighting shall be designed not only to afford safety and security, but also to enhance the general appearance of the development. Parking lot lighting fixtures are to have a height of no greater than 16 feet. Walkway lighting fixtures are to have a height of no greater than 12 feet. Security lighting fixtures are not to project above the fascia or roof line of the building and are to be shielded from streets and other properties. Shields are to be painted to match the surface to which they are attached. Security lighting are not to be a substitute for parking lot or walkway lighting fixtures and are restricted to lighting entrances, loading and storage areas, and other similar service areas. d. Mechanical Equipment and Ductwork 1) All roof mounted equipment and/or ductwork which projects above the roof or roof parapet shall be screened by an enclosure consistent with the architecture of the building. 2) Mechanical equipment shall not be exposed on an exterior wall surface of a building. 3) Cyclone blowers shall be screened by walls, fences or landscape materials and shall be located below the fascia and/or roof line of the building. 4) Incinerators are prohibited. 5) Gutters and downspouts are to be painted to match the surface to which attached. 6) Vents, louvers, exposed flashing, tank stacks, overhead doors, and service doors are to be painted consistent with the color scheme of the building. 6. Storage: Outdoor storage of wares, merchandise, materials, equipment, crates, bottles, or similar items shall be screened on all sides by masonry fencing and solid gates. Outdoor storage areas shall be permitted only as an accessory use to a main building and the total area for such storage shall not exceed 20% of the floor area of any buildings on a site. 7. Refuse Containment All outdoor trash and refuse storage areas shall be enclosed from view on all sides by a concrete block or masonry wall and a solid gate. Trash may be contained within an enclosable metal bin if screened from public view. 8. Loading Areas: Loading areas or docks shall be located in a manner that prohibits a trock from backing to such an area from any street other than a local ind~tria1 street. No loading dock shall face an arterial street or a street adjacent to a school or residential use. Allloading areas shall be screened with view-obscuring landscaping and/or decorative block walls. 9. Landscaping: A minimum of 20% of the area not occupied by buildings or structures shall be landscaped. 5.1203 HI HEAVY INDUSTRY A. Purpose. The purpose of the HI zone is to provide for those employment activities that often require outdoor activity and/or storage. It is also the purpose to provide employment opportunity. B. Permitted Uses. The following uses shall be permitted in the HI zone: 1. All uses in Sections 5.10.09, R-1, High Intensity Residential 2. All uses in Section 5.11.04, RC, Regional Commercial 3. All uses in Section 5.1204, U, Light Industrial 4. MANUFACTURING a. Electronics Electrical and related parts Electrical appliances Electrical devices Motors Radio, television and phonograph b. Instruments Electronic Medical and dental tools Precision Timing and measuring c. Office and Related Machinery Audio machinery Computers - electrical Computers - manual Visual machinery d. Pharmaceutics Cosmetics Drugs Perfumes Soap Toiletries e. Laboratories Chemical Dental Electrical Optical Mechanical Medical Manufacture and maintenance of electrical and neon signs 5. 6. Novelties and holiday paraphernalia Rubber and metal stamps Furniture upholstering Candy f. Manufacturing, compounding, assembly or treatment of article or merchandise from the following previously prepared materials: Canvas Cellophane Cloth Cork Felt Fibre Fur Glass Leather Paper (no milling) Precious or semi-precious stones or metals Plaster Shells Textiles Tobacco Wood Yarns Fabrication of projects made from finished rubber. WHOLESALING AND WAREHOUSING SERVICES Banks and financial institutions Blueprinting and photocopying Business and research office related to the administration and operation of the permitted industrial uses Newspaper publishing Office, business and professional Printing, lithographing, publishing Radio and television broadcasting Restaurants, excluding drive-through facilities PROCESSING Carpet and rug cleaning Cleaning and dyeing Laundry MOVIE, TELEVISION AND RADIO STUDIOS SIMILAR USES PERMITIED BY PLANNING ADMINISTRATOR The Planning Administrator may permit any other uses which may be determined to be similar to those listed above, in conformity with the intent and purpose of this zone. 7. 8. 9. C. Accessory Uses. Reserved. D. Conditional Uses. The Planning Administrator may permit any other use which may be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety, welfare or to other uses permitted in this zone. E. Uses Prohibited. The following uses are expressly HI: 1. Junk or salvage yard. 2. Manufacture or storage of explosives. 3. Other comparable uses determined and found to be incompatible, harmful, undesirable, or a use which would negatively affect the environment of Marana. F. Temporary Uses. (Reserved) G. Site Intensity Standards. 1. Minimum Parcel Size: 1 acre. 2. Maximum Building Coverage: 50 % of the site. 3. Maximum Floor-Area Ratio: 0.50. H. Site Development Standards. The following standards shall apply to property in the HI zone: 1. Parcel Width: The minimum parcel width shall be 100 feet. 2. Parcel Depth: The minimum parcel depth shall be 100 feet. 3. Setbacks: The following setback areas shall be provided: a. Adjacent to a Residential Street. Buildings shall be located at least 50 feet from the property line along any street facing a residential area and 50% of the setback area shall be landscaped with the exception that low profile office stIUctures of less than 16 feet in height may encroach into the required yard no more than 35 feet and may cover not more than 40% of the required setback area. b. Adjacent to a Local Industrial Street. Along any local industrial street, buildings shall be located at least 10 feet from the property line. 50% of the required setback area shall be landscaped. c. Adjacent to a Residential Parcel. Along any property line adjacent to a residential area and not separated by a street, the building setback shall be 30 feet or a distance equal to the height of the building, which ever is greater. d. adjacent to a Commercial ParceL Along any property line adjacent to a commercial area and not separated by a street, there shall be a setback of at least 20 feet. e. Adjacent to an Industrial ParceL Along property lines that separate industrial uses there shall be a minimum setback of 10 feet. Buildings may be constructed on a property line adjacent to an industrial site, provided that the plan for development is agreed to by the owners involved, said agreement to be approved by the Planning Administrator, and recorded as a covenant among the property owners and the Town of Marana. f. Adjacent to Flood Control Channel and Vacant Easements in excess of 50 feet wide. Along property lines adjacent to freeways, flood control channels and easements in excess of 50 feet in width, there shall be a minimum setback of 10 feet. 4. Building Height: Building height shall be no greater than 55 feet, with the exception that business and research offices and scientific laboratories needing additional office space may be permitted additional building height if the Planning Administrator deems that the proposed development enhances existing and planned development in the area. In no instance shall a building or structure exceed a height equal to the least horizontal distance between the building or structure and a property line adjacent to a residential area. 5. lighting: lighting shall be designed not only to afford safety and security, but shall serve to enhance the general appearance of the proposed development. Parking lot lighting fixtures are to have a height no greater than 2S feet. Walkway lighting fixtures are to have a height no greater than 16 feet. Security lighting fixtures are not to project above the fascia or roof line of the building and are to be shielded from streets and other properties. The shields shall be painted to match the surface to which attached. Security lighting fixtures are not to be substituted for parking lot or walkway lighting fixtures and are restricted to lighting of entrances, loading and storage areas, and similar service area. 6. Mechanical Equipment and Ductwork. a. All roof mounted mechanical equipment and/ or ductwork, which projects above the roof or roof parapet shall be screened by an enclosure which is consistent with the architecture of the building. Screening shall be provided by increasing the height of the parapet unless the bUilding's roof is visible from an elevated street or highway, then a decorative screen higher than the roof equipment shall be provided. The screens shall be designed so that it conforms and is compatible with the overall architecture and design of the exterior of the building. b. Mechanical equipment shall not be exposed on an exterior wall surface of a building. c. Cyclone blowers shall be screened by walls, fences or landscape materials and shall be located below the fascia and/ or roof line of the building. Further, they shall not be located on the front of a building and shall be painted to match the surface to which attached. d. Incinerators are prohibited. e. Gutters and downspouts are to be painted to match the surface to which attached unless used as a major design element, in which case the color is to be consistent with the color scheme of the building. f. Vents, louvers, exposed flashing, tanks stacks, overhead doors, and service doors are to be painted consistent with the color scheme of the building. 7. Storage: The outdoor storage of wares, merchandise, materials, . equipment, crates, bottles, or similar items shall be screened on all sides by solid fencing and solid gates. 8. Refuse Containment: All outdoor trash and refuse storage areas located within public view shall be enclosed from view on all sides not adjacent to a building by a solid wall or fence and solid wood gate at least 6 feet high. 9. Loading and Unloading: Loading areas or docks shall be located in a manner that prohibits a truck from backing to any street other than a local industrial street. All loading areas and loading activities shall be screened from an arterial street, school, or residential area with view-obscuring landscaping and/ or decorative block walls. In addition, all loading areas or docks shall be located to minimize the interaction between these areas. 10. Landscaping: A minimum of 10% of the area not occupied by buildings or structures shall be landscaped. Landscaped areas located between a parking area or driveway and a street right-of- way shall include earth mounding 2 to 3 feet above the curb height to screen the view of parking from the street Such parking and driveway areas shall be screened by groupings of trees and bushes. I. Environmental Performance Standards. (Reserved)