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HomeMy WebLinkAboutOrdinance 93.06 Adopting revisions to title 10 of the land development code ORDINANCE NO. 93.06 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING REVISIONS TO TITLE 10 OF THE TOWN OF MARANA DEVELOPMENT CODE BY REFERENCE AND FIXING THE EFFECTIVE DATE THEREOF; PROVIDING FOR REPEALING THE EXISTING TITLE 10 OF THE DEVELOPMENT CODE; PROVIDING SEVERABILITY AND DECLARING AN EMERGENCY. WHEREAS, the Town Council of the Town of Marana did on May 14, 1984 adopt Ordinance No. 84.04 which Ordinance adopted a Development Code for the Town of Marana; and WHEREAS, the Town Council has determined it would be in the best interests for the Town of Marana to revise procedures found in Title 10 of Town of Marana Development Code to better conform to the provisions of Arizona Revised Statutes, ~~ 9-462.03 and 9-462.04 dealing with public hearings and notices for rezonings and code amendments; and WHEREAS, the Town Council has deemed it would be in the best interests of the Town of Marana to phase in the new procedures in Title 10 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 10, Amendments, three copies of which are on me in the office of the Town Clerk of the Town of Marana, Arizona, which document was made a public record by Resolution No. 93-14 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 IT: The existing Title 10 of the Development Code and all ordinances or parts of ordinances in conflict with the provisions of this ordinance or any part of the document adopted herein by reference are hereby repealed effective as of the date of this resolution. Section ITI: 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. (L, j!~h ~ ,~-,--_ Mayor O"ra Ham ~-:, . I TITLE 10 PROCEDURES 10.01. Amendment Procedure. A. This Development Code, including the Zoning Map, may be amended. Any person seeking an amendment to this Development Code shall first submit to the Planning Administrator an application designating the change desired and the reasons therefor, and shall pay a filing fee as established by the Town Council. Upon receipt of said petition and the accompanying filing fee, the Planning Administrator shall prepare a report and recommendation for presentation to the Planning Commission. The filing fee shall not be returned to the petitioner requesting the amendment. Any member of the Planning Commission or the Town Council, acting in an official capacity, or the Planning Administrator, or the Town Building Official, or the Town Attorney, may also initiate an amendment to this Development Code without the payment of said filing fee. B. Application requirements shall be established by the Planning Administrator and ratified by the Planning Commission. However, at a minimum, applications for an amendment to the zoning map, or change in zoning classification, shall include the following: 1. A preliminary site plan of the property showing the use(s) proposed for the site, showing setbacks, heights, floor area ratio's, parking areas, landscaping, and other information to assist the Commission and the Town Council to evaluate the request. This plan shall become part of the record of the case, and final plan review shall substantially comply with the preliminary site plan. 2. Appropriate public service and utility information, including how the project will be served by water, sewer, gas, electricity, telephone, and other utilities. 3. Public service information, including how the project will impact local services such as schools, police, parks, fire service, sanitary pick-up, and other similar services. Included shall be how the developer will provide public paved roads, provisions of parks and playgrounds for residential development, and other services required by the project. 4. Site information, such as site topography, preliminary hydrology and drainage information, and preliminary grading considerations. 5. In addition, the Planning Administrator, or the Planning Commission, may request other information that will be helpful to the Commission and the Town Council in their evaluation of the request. 10.02. Public Hearing Requirement. A. Before any proposed amendment may be considered by the Planning Commission, the Planning Commission shall hold a public hearing on the proposed amendment. At such hearing, parties in interest and the public shall have an opportunity to be heard on the proposed change. Notice of the time and place of the hearing, including a general description of the area affected, shall be given at least fifteen (15) days before the hearing by publication at least once in a newspaper of general circulation that is published or circulated in the Town of Marana, or if there is none, by posting on the affected property in such a manner as to be legible from the public right-of-way and in at least ten (10) public places in the Town. Any posted notice shall be printed so that the following are visible from a distance of one hundred (100) feet: the word "zoning", the present zoning classification, the proposed zoning classification, and the date and time of the hearing. B. Where the proposed amendment involves a rezoning of land which abuts any other city or town or the unincorporated area of Pima County, or a combination thereof, copies of the notice of public hearing shall be sent to the planning agency of the governmental unit with jurisdiction over the abutting land outside of the Town of Marana. C. In proceedings that are not initiated by the property owner involving rezoning of land which may change the zoning classification, notice by first class mail shall be sent to each property owner, as shown on the last assessment of the property, of the area to be rezoned and all property owners, as shown on the last assessment of the property, within three hundred feet of the property, to be rezoned. D. In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by subsection E of this section: 1. A ten percent or more increase or decrease in the number of square feet or units that may be developed. 2. A ten percent or more increase or reduction in the allowable height of buildings. 3. An increase or reduction in the allowable number or stories of buildings. 4. A ten percent or more increase or decrease in setback or open space requirements. 5. An increase or reduction in permitted uses. E. In proceedings governed by subsection D. above, the Planning Administrator shall provide notice to real property owners pursuant to at least one of the following notification procedures: 1. Notice shall be sent by first class mail to each real property owner as shown on the last assessment, whose property is directly governed by the changes. 2. If the Town issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials the Town shall include notice of such changes with such utility bills or other mailings. 3. The Town shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the municipality. The changes shall be published in a '"display ad" covering not less than one-eighth of a full page. F. Notwithstanding the notice requirements set forth in subsection D of this section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the Town Council for which the notice was given. 10.03. Recommendation to the Town Council. A. After a public hearing has been held on the proposed amendment, the Planning Commission shall render a decision in the form of a written recommendation to the Town Council. The recommendation shall include the reasons for the recommendation and shall be in the form of a letter report signed by the Chairman of the Planning Commission. B. Upon receipt of a recommendation regarding any proposed amendment from the Planning Commission, or upon the failure of the Planning Commission to agree on a recommendation within the time allotted, the request for amendment shall be considered at a public meeting of the Town Council. If, however, there is any objection, requests for additional public hearing or other protest to the proposed amendment from the party aggrieved or any member of the public or of the Town Council, the Town Council shall hold a public hearing on the proposed amendment. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of public notice of the hearing by the Planning Commission as specified in Section 10.02 of this code. 10.04. Protest If the owners of twenty percent or more either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side thereof extending one hundred and fifty feet therefrom, or of those directly opposite thereto extending one hundred and fifty feet from the street frontage of the opposite lots, file a protest in writing against the change, it shall not become effective except by the favorable vote of three-fourths of members present and voting and not less than four (4) favorable votes. If the Mayor or any member of the Town Council is unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three/fourths of the remaining membership of the Town Council, provided that such required number of votes shall in no event be less than four favorable votes. 10.04.01 Specific Plan Protest. If the owners of twenty percent or more either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side thereof extending one hundred and fifty feet therefrom, or of those directly opposite thereto extending one hundred and fifty feet from the street frontage of the opposite lots, file a protest in writing against the change, it shall not become effective except by the favorable vote of three-fourths of members present and voting and not less than four (4) favorable votes. If the Mayor or any member of the town Council is unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three/fourths of the remaining membership of the Town Council provided that such required number of votes shall in no event be less than four favorable votes. 10.05. Zoning Amendment A. In approving a change of zoning, the Town Council may approve the change of zone conditioned upon a schedule for development of the specific use or uses for which rezoning is requested. If, at the expiration of a time period the property has not been improved for the use for which it was conditionally approved, it shall revert to its former classification without further action by the Town Council. B. Zoning amendments involving rezoning of land which is not owned by the Town and which changes the zoning classification of such land may not be enacted as an emergency measure, and such change shall not be effective for at least thirty days after final approval of the change in classification by the Town Council. 10.10 Conditional Use Permits A. Purpose The Town of Marana recognizes certain uses which may be appropriate in a specific zoning district, but which may have characteristics that, depending upon the location, design, and standards of operation, may have a greater impact than permitted uses on adjoining properties, businesses, or residences. Such uses require more comprehensive review, including the ability of the Town to establish specific conditions for the project in order to mitigate any potential impacts. The Planning Commission can evaluate only Conditional Uses listed, and is empowered to grant, grant with conditions, or deny any application for a use permit. Such review by the Commission is subject to findings and the application meeting requirements of this section. The burden of proof shall be the responsibility of the applicant. B. Application Applications shall be filed with the Planning Administrator on an application form with the required documentation specified on guidelines provided by the Planning Administrator with appropriate fees. The application, at a minimum, shall include the following: 1. Name and address of the applicant. If the applicant is not the owner of the property, the name and address of the owner shall be supplied along with authorization that the applicant is the agent of the owner and may apply for the use permit. Proof of ownership must be submitted with the application. 2. A statement describing the proposed use, and any pertinent data required to evaluate the use, including but not limited to: hours of operation, numbers of employees and shifts, processes and materials involved in the use, and types and volume of traffic generated by the use. 3. A list of all owners of .property within 300 feet of the exterior boundaries of the property subject to the application. The list shall be accompanied by a map showing the location of these properties. 4. A site plan including dimensions showing the type and location of buildings, structures, floor plans, parking, landscaping, circulation and other relevant site information. C. Public Hearing The Planning Commission shall hold a public hearing on the application. Prior to the public hearing, notice shall be given as described in Section 10.02. D. Findings A conditional use permit may be granted only after a determination by the Commission that the proposed use: 1. is appropriate to the specific location; 2. is not detrimental to the health, safety, and general welfare of the town; 3. will not adversely affect the orderly development of property within the town; 4. will not adversely affect the preservation of property values and the protection of the tax base and other substantial revenue sources within the town; 5. is consistent with the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan, if any; 6. will not create a nuisance or enforcement problem within the neighborhood; 7. will not encourage marginal development within the neighborhood; 8. will not create a demand for public services within the town beyond that of the ability of the town to meet in the light of taxation and spending restraints imposed by law; 9. is consistent with the town's approved funding priorities; and, 10. that the proposed site is adequate in size and shape to accommodate the intended use and that all requirements for the zone district, included but not limited to, the setbacks, walls, landscaping and bufferyards will be met. E. Action by the Planning Commission The Commission may grant, grant with conditions or deny the application. The Commission may place any conditions which are deemed necessary to mitigate potential impacts and insure compatibility of the use with surrounding development and the town as a whole. These conditions may include, but are not limited to: 1. requirements for setbacks, open spaces, buffers, fences or walls to mitigate conflicts from visual, noise, lighting and similar impacts associated with the use; 2. dedication and/ or paving of street or other public rights-of-ways, and control in location of access points and on-site circulation to mitigate traffic impacts from increased volumes or nature of traffic activity associated with the use; 3. regulations pertaining to hours of operation, methods of operation, and phasing of the development of the site to mitigate impacts to surrounding properties and the neighborhood; 4. time limits on the duration of the permit to determine if the use, after a temporary period of operation, is materially detrimental or to evaluate whether changed conditions in the neighborhood effect the capability of the use to continue to adequately mitigate impacts to the surrounding area or the town as a whole. F. Effective Date of the Conditional Use Permit The decision of the Commission shall be final and effective fifteen (15) days from the date of decision unless an appeal is filed as provided below. G. Appeal Procedure 1. The action of the Planning Commission may be appealed to the Town Council by the applicant, any member of the Town Council, the Town Manager or any property owner within three hundred (300) feet of the property subject to the request. Such requests for appeal must be filed on an application form provided by the Planning Administrator, with the appropriate fee, within the fifteen (15) days following the date of the Planning Commission action. 2. Consideration of the appeal shall be made at a public hearing only after notice of the hearing has been placed in the newspaper of general circulation in the area designated by the Town Council for legal public notice, at least fifteen (15) days prior to the hearing. 3. The Town Council shall act to affirm, or reverse, in whole or in part, or modify the Commission's decision including adding to or deleting the conditions attached to the approval by the Commission. Any action to grant a Conditional Use Permit, either by affirmation, modification, or reversal of the Commission's decision, must include the required findings for use permits as provided in this section. H. Modification of Conditional Use Permits A request to modify, expand, or otherwise change an approved Conditional Use Permit, not in substantial conformance with the approved permit, shall be processed according to the provisions of this section as a new application. 1. Exercise and Use. If a permit is not exercised, used or established within six months of its grant or the time otherwise specified in the permit, the permit automatically expires. A permit issued under this title is considered. to be exercised, used. or established when, within one year of its grant or within the time otherwise specified in the permit, a building permit is issued. for the purpose and location described. in the permit. If no building permit is required to establish the use, then the permit is considered to be exercised, used or established. when clear and visible evidence as to its beginning and reasonable progress toward completion is demonstrated.. A time period stated. in the permit governs over this provision. J. Extension of Initial Period for Use. Upon a showing of good cause, the Planning Administrator may, after notice to the Planning Commission, extend the period for initially exercising the permit for a maximum of one additional year. K. Expiration Upon Discontinuance. If a use is established under a permit and the use is discontinued for any reason for a period of six months, the permit becomes void and the use may not be resumed. Upon applications during the six month period by the owner and upon showing of good cause, the Planning Administrator may grant another extension not to exceed a total of six additional months. 1. Revocation Failure to comply with the conditions, stipulations or terms of the approval of a Conditional Use Permit is a violation of this code and will be enforced as such. Repeated offenses shall be cause for revocation of the permit. M. Grounds for Revocation. The Planning Commission may revoke a permit on any of the following grounds: 1. violation of a zoning regulation of the Town; 2. violation of a term, limitation or condition; 3. causing or allowing a nuisance in connection with the premises; or, 4. conviction of a violation of federal or state law or Town ordinance in connection with the operation of the permitted use. J. Status of the Conditional Use Permit A use permit granted pursuant to the provisions if this section shall run with the land and continue to be valid regardless of ownership of the property or structure so long as it operates within the conditions, stipulations, and terms of the permit. K. Re-application In cases where the Conditional Use Permit has been denied, no application for a use permit for the same or substantially the same site shall be filed within 180 days from the date of denial or revocation of the use permit. Revised 5/25/93