HomeMy WebLinkAboutOrdinance 93.14 Adopting revisions to title 3 of the land development code
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ORDINANCE NO. 93.14
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING REVISIONS TO
TITLE 3 OF THE TOWN OF MARANA DEVELOPMENT CODE BY REFERENCE AND
FIXING THE EFFECTIVE DATE THEREOF; PROVIDING FOR REPEALING THE
EXISTING TITLE 3 OF THE DEVELOPMENT CODE AND PROVIDING SEVERABILITY.
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 of the
Town of Marana to amend Title 3 of that Development Code to better define the terms used in
the Development Code;
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 3, Definitions,
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. 93-43 of the Town of
-. Marana, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this
ordinance.
Section II: The existing Title 3 of the Development Code and all ordinances or parts of
ordinances in conflict with the provisions of this ordinance or any part of the document adopted
herein by reference are hereby repealed effective as of the date of this resolution.
Section III: If any section, subsection, sentence, clause, phrase or portion of this
ordinance or any part of the document adopted by reference is for any reason held to be invalid
or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions thereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 21st day of December, 1993.
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Mayor Ora Ham
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TITLE 3 - DEFINITIONS
03.00
General Usae;e.
The definitions provided for in this article shall apply throughout these regulations,
unless a different meaning is clearly indicated by a context or the term is defined
differently in any other section.
The words, phrases, and terms shall be deemed to have the meaning ascribed to them
in the following paragraphs. When not inconsistent with the context, words used in
the present tense include the future; words in the singular include the plural; and
those in the plural include the singular.
A. The word "Council" shall mean the Town Council of Marana.
B. The word "Building" includes the word "Structure".
C. The word "Shall" is mandatory and the word "May" is permissive.
D. The word "Used" includes the words "arranged for, designed for, occupied or
intended to be occupied for".
E. The words "Building" or "Structure" include any part thereof.
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F. A "Person" includes a corporation, a partnership, and an unincorporated
association of persons such as a club.
03.01 Definitions "A".
Abutting: Two (2) adjoining properties having a common property line or boundary.
Access or Accessway: The place, means, or way by which pedestrians and vehicles
shall have safe and usable ingress and egress to a property.
Accessory Building: A subordinate building or portion of a main building on the
same lot or building site, incidental to that permitted in the main building, or to the
land upon which the main building is located.
Accessory Use: A use incidental or subordinate to the principal use of a lot or
building and devoted exclusively to the main use of the lot or building thereon.
Acre: 43,560 square feet.
03.02 Definitions "B".
Buildable Area: The lot area where a building can be placed after yard setbacks and
easements are deducted.
1
as adopted by town council
12-21-93
effective date: 1-21-94
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Builder: The builder is the purchaser of a development area, or portions of a
development area who will build or provide for building within their areas of
ownership. The builder is responsible for implementation of those facilities within
each of the development areas, and ancillary facilities within the spine infrastructure
system.
Building: Any structure having a roof and walls built and maintained for the
support, shelter, or enclosure of persons, animals, chattel, or property of any kind
including an apartment house, hotel or dwelling, single or in combination.
Building Height: The vertical distance between the lowest point of grade abutting the
building to the highest point of the building, excluding chimneys, vents and antennae.
Building, Main: A building within which is conducted the principal use permitted on
the lot.
Building Setback: The distance a building must be set back from a specified point.
Building Site: The ground area of a building or buildings together with all open
spaces adjacent thereto.
Business or Commercial: The purchase, sale or other transaction involving the
handling or disposition, other than that included in the term "industry" as defined
herein, of any article, substance or commodity for profit or gain.
03.03 Definitions "C'
Camp, Farm Labor: A building or complex of buildings located on an operating farm
that is intended to house farm workers and/or their families on a seasonal basis.
Child Care Center: A facility providing compensated nonresidential care and
supervision to more than ten children. Also termed a day nursery.
Church: A building or group of buildings used primarily as a place of communion or
worship. "Church" includes convents, religious educational buildings and parish
houses, but not parochial schools.
Commission: The Town of Marana Planning Commission.
Common Area: An area of common access designed to serve two or more separate
dwelling units which mayor may not be under separate ownership.
Condominium: A form of real estate structure ownership established through the
subdivision of real estate, portions of which are designated for separate ownership
and the remainder of which is designated for common ownership solely by the
building owners of the separate portions. Real estate is not a condominium unless the
individual interests in the common element are vested in the building unit owners.
Condominium Proiect: A plan or a project involving a building that is owned or
offered for sale, or is projected to be owned or offered for sale to two or more persons
as adopted by town council 12-21-93
effective date 1-21-94
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who will separately own defined dwelling unit space, together with an undivided
interest in common areas or facilities of the property. The term shall also refer to the
entire real property when so indicated by the context of this code.
County: Pima County, Arizona.
Crop, Agricultural: The growing of crops in the soil in the customary manner in the
open; including the processing, wholesaling, and retailing of such grown agricultural
products when such activities are performed on the premises on which the crops are
raised. The term does not include the raising of livestock.
Cul-de-sac: A local street with only one outlet and having an appropriate terminal for
the safe and convenient reversal of traffic movement.
03.04 Definitions "0"
Density: The number of dwelling units that may be constructed per a unit of measure
of land area. Usually expressed using the acre as the unit of measure.
Developer: Any person, including a governmental agency, undertaking any
development as defined in these regulations.
Development Code: The zoning code of the Town of Marana and overlay regulations
including those which might deal with floodplains, hillside or slope protection, and
related regulations; subdivision regulations, sign regulations, and all other land use
regulations contained within this division of the Town of Marana Municipal Code.
Driveway: A private method of vehicular access contained fully within a lot.
Drought Tolerant Vegetation: Low water use plants, which after established, survive
within the Sonoran Desert climate with little or no supplemental watering.
Duplex: A residential building containing two dwelling units.
Dwelling: A building or portion thereof, designed and used exclusively for residential
occupancy, including one-family, two-family, and multiple dwellings, but not
including hotels, boarding or lodging houses.
Dwelling, Single Family: A building designed for occupancy by one family as a
residence and contains only one kitchen.
Dwelling, Multiple-Family: A residential building containing two or more dwelling
units, each designed for occupancy by an individual or one family as a residence.
03.05 Definitions "E"
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Easements: A space on a lot or parcel of land defined on a subdivision map, in a
deed restriction, or separate document, reserved for and/ or used for public utilities,
ingress and egress, drainage or other special purposes.
as adopted by town council 12-21-93
effective date: 1-21-94
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Enterprise: An individual or organization engaged in a single type of business or
governmental activity as classified and defined by the United States Standard
Industrial Classification Manual at the two-digit level
03.06 Definitions "F'
Family: One or more individuals occupying a dwelling unit and living as a single
housekeeping unit.
Final Plat: A map of all or part of a subdivision essentially conforming to an
approved preliminary plat, and prepared in accordance with the provisions of the
Town of Marana subdivision regulations.
Flood: A temporary rise in flow or stage of any stream, watercourse or lake that may
result in water overtopping its banks and inundating adjacent areas.
Floodplain: Areas of land adjoining or near the channel of a watercourse which has
been or may be hereafter covered by flood water, and which functions as a temporary
channel or reservoir for overbank flow.
Floodplain Board: The Town Council of Marana.
Floodway: A delineated area, as determined by a hydraulic analysis approved by the
Town of Marana Engineer, where the hypothetical encroachment into the floodplain
will allow passage of the regulatory flood without increasing the flood height more
than one foot. Additional hydraulic criteria that will be applied to determine the
boundaries of the floodway are: 1). equal flow conveyance removal will be assumed
from each side of the floodplain, and 2). the exact boundary of the flood way will be
selected so that its alignment will ultimately be streamlined in relation to upstream
and downstream developments.
Floor Area Ratio (FAR): A ratio expressing the amount of square feet of floor area
permitted for every square foot of land area within a site. The FAR is usually
expressed as a single number.
Frontage: All property fronting on one (1) side of a street between a street and a
right-of-way, or between intersecting or intercepting streets, or to the end of a dead-
end street. An intercepting street shall determine the boundary of the frontage on the
side of the street that it intercepts.
03.07 Definitions "G"
Garage, Private: An accessory building or portion of the main building, designed or
used for the shelter or storage of self propelled vehicles owned or operated by the
occupants of the main building.
Gasoline Service Stations: A retail establishment primarily engaged in selling
petroleum products, but not including auto repair shops, body and fender works,
similar repairing and painting uses, or mechanical or stream washracks.
as adopted by town council 12-21-93
effective date: 1-21-94
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General Plan: The Town of Marana General Plan.
Gross Floor Area: The sum of the areas of all horizontal surfaces of a building,
measured from outside surface to outside surface.
Grade: The average of the finished ground level at the center of all of the exterior
walls of a building. In case the front wall is parallel to and within five (5) feet of a
sidewalk, the grade shall be measured at the sidewalk at the centerline of the front of
the lot.
Guest House: Living quarters for guests, relatives, or servants on the premises in an
accessory building or attached to the principal residence.
03.08 Definitions "H"
Home Child Care Center: Any single residence dwelling in which child care is
regularly provided for compensation for five (5) or more, but not more than ten (10)
children not related to the proprietor. The proposed child care center shall meet all
requirements for certification by the State Department of Health.
Home Occupation: Any activity carried out for gain by a resident, conducted as an
accessory use in the resident's dwelling unit. A home occupation shall not exceed
25% of the gross floor area of a dwelling, shall not involve persons who are not
permanent residents of the residence unless approved through the Conditional Use
Permit procedure as provided in Section 10.10. A home occupation shall not display
on-site advertising or identification signs or have external evidence of the conduct of
the home occupation, shall maintain the required residential off-street parking, shall
not create off-street or on-street parking, vehicular or pedestrian traffic which is
greater than that normally associated with a solely residential use of the premises on
which the home occupation is conducted and shall not create conditions that are a
nuisance to neighboring properties. Equipment which is visible from off-site or
which creates audible interference in radio and television receivers or causes
fluctuations in line voltage outside the dwelling using it is prohibited.
Hospital: Any building or portion thereof used for the accommodation and medical
care of sick, injured or infirm persons and including sanitariums, institutions for the
cure of chronic drug addicts and mental patients.
Hotel: A building containing six or more guest rooms, in which lodging is provided
and offered to the public for compensation and which is open to transient guests,
together with commercial accessory uses operated primarily for the convenience of the
guests thereof.
03.09
Definitions "I"
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Improvement: Any man-made immovable item which becomes part of, places upon,
or is affixed to real estate. Improvements are typically required to be installed as a
condition of approval or acceptance of a development. They may include, but are not
limited to, roads, water facilities,.easements, traffic control devices, utility lines, and
other similar facilities.
as adopted by town council 12-21-93
effective date: 1-21-94
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Industry: The manufacture, fabrication, processing, reduction or destruction of any
article, substance or commodity, or any other treatment thereof in such a manner as to
change the form, character, or appearance thereof.
Ingress: Access or entry.
Intervening property: Property located between an existing public right-of-way or
existing public utility easement and the land within a subdivision or other large scale
development.
03.10 Definitions "T"
Junk (Salvage) Yard: A place where scrap, waste, discarded or salvaged materials are
bought, sold, exchanged, baled, packed, disassembled, handled, or stored in the open,
including, but not limited to, automobile wrecking yards, used lumber yards, and
places or yards for the storage of salvaged house wrecking and structural steel
materials, and equipment. This excepts farming operations, or where such activities
are conducted entirely within a completely enclosed building and where salvaged
materials are kept incidental to manufacturing or other industrial or agricultural
operations conducted on the premises.
03.11 Definitions "K"
Kennel: Any premises or structure in which more than four dogs and/or four cats,
six (6) months or older, are kept, cared for, boarded or maintained.
03.12 Definitions "L"
Landscaping: Making an area attractive through the use and arrangement of living
vegetation, such as trees, bushes, and groundcovers, together with inert materials such
as wood, rocks, brick, and decomposed granite.
Land Splits: The division of improved or unimproved land whose area is two and
one-half acres or less into two or three tracts or parcels of land for the purpose of sale
or lease.
Land Use: A description of how land is occupied or utilized.
Large Scale Development: For zones A-F, any planned unit development,
condominium project, mobile home park, recreational vehicle park, planned shopping
center, planned industrial park, group dwelling, apartment building complex, or farm
labor camp located on a lot or parcel of land that is larger than 2.5 acres and which is
planned and developed as a single entity or which contains land or facilities that are
held as common properties.
Local Street: A street whose purpose is to provide access to property, provide
vehicular linkage within a residential or nonresidential neighborhood, but not
necessarily through movements. .
as adopted by town council 12-21-93
effective date: 1-21-94
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Lot: A tract of land bounded on all sides by property lines, of sufficient size to meet
minimum zoning requirements, of use, coverage, area, setbacks, and other areas as
required by these regulations with legal access to a public street.
Lot Area: The total land area, measured in a horizontal plane, included within the lot
property lines.
Lot, Corner: A lot located at the intersection of two (2) or more streets.
Lot Coverage: The area of a site occupied by buildings, storage areas, and areas
allocated to vehicular parking, maneuvering, and service.
Lot Depth: The horizontal distance between the front and rear lot lines.
Lot Frontage: The length of the lot line abutting a street.
Lot Improvement: Any building, structure, place, work of art, or other object or
improvement of the land on which they are situated constituting a physical
betterment of real property, or any part of such betterment.
Lot, Interior: A lot other than a corner or key lot.
Lot, Key: Any lot where the side lot line abuts the rear lot line of other lots.
Lot, Large: For zones A-F, any lot occupying 25 acres or more.
Lot Line: A line of record bounding a lot.
Lot Line, Common: Any side or rear property line which adjoins or abuts another
side or rear property line, not including side or rear property lines abutting a street or
alley.
Lot Line, Front: The lot line separating a lot from a street.
Lot Line, Rear:
1. The lot line which is opposite and most distant from the front lot line.
2. The rear lot line of an irregular, triangular or gore lot shall, for the purpose of
this code, be a line entirely within the lot at least ten feet along and parallel to
and most distant from the front lot line.
Lot Line, Side:
1. Any lot line not a front lot line or a rear lot line.
2. A side lot line separating a lot from a street is a street lot line.
3. A side lot line separating a lot from another lot is an interior side lot line.
Lot, Medium Size: For zones A-F, any lot occupying more than 2.5 acres but less than
25 acres.
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Lot, Small: For zones A-F, any lot occupying 2.5 acres or less.
as adopted by town council 12-21-93
effective date: 1-21-94
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Lot Width: The mean horizontal width of the lot measured at right angles to the lot
depth.
03.13 Definitions "M"
Major Street: A street so designated on the adopted Marana Transportation Plan.
Manufactured Horne: A single-family dwelling structure transportable in one or more
sections manufactured after June 15, 1976, to standards established by the U.S.
Department of Housing and Urban Development. The structure is built on a
permanent chassis and designed to be used as a dwelling, with or without a
permanent foundation, when connected to the required utilities.
Manufactured Home Park: A residential use in which more than two manufactured
home spaces are located on a single site area. The spaces may be leased, rented or
sold. If the individual spaces are sold, the remainder of the use must be in the
common ownership of all unit owners.
Model Horne: A dwelling unit used initially for display purposes which typified the
type of units that will be constructed in the subdivision.
Motel: A facility offering transient lodging accommodations of six or more rental
units. a majority of all rental units have direct access to the outside without the
necessity of passing through the main lobby of the building. Guests are generally
traveling by automobile and parking is located convenient to each unit.
Multiple Family Structure: A building, located on one lot, containing two or more
dwelling units. Also known as multifamily structure.
03.14 Definitions "N"
Native Vegetation: Plants indigenous to an area.
Nearby Land: For zones A-F, land lying within one-quarter of a mole of a small lot,
within one-half mile of a medium size lot, and within one mile of a large lot.
Nonconforming: A parcel or land, or a building or structure, or portion thereof, or a
use which does not conform to the provisions of this Development Code, and which
existed prior to the effective date thereof.
Nuisance: Annoying, unpleasant or obnoxious and out of character with the
neighboring area.
Nursery:
1. A place where young trees or other plants are raised for transplanting or for
sale.
2. Does not include commercial fertilizer yard or processing plant.
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as adopted by town council 12-21-93
effective date: 1-21-94
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03.15 Definitions "a"
Off-Site: Any premises not located within the area of the property to be subdivided
or developed whether or not in the same ownership of the applicant to subdivision or
development approvaL
Off-Street Parking: Parking of motor vehicles that is not located on a street, or public
way.
On-Site: Of or pertaining to a space within the boundaries of a subdivision lot or
parceL
Open Space: Any area to be kept in open uses including active and passive
recreational lands, desert, floodways, floodplains, parks, and greenbelts.
03.16 Definitions lip"
Parcel of Land: Any quantity of land capable of being described with such
definiteness that its location and boundaries may be established, which is designated
by its owner or developer as land to be used or developed as a unit. Parcel includes
an easement supporting or related to a primary parcel, and a condominium unit.
Parking Lot: Any area of a site or structure used as a parking area for more than four
(4) motor vehicles.
Parking Space, Standard: A space not less than twenty (20) feet in length and not less
than nine (9) feet in width for the parking of a motor vehicle, exclusive of driveways
and ramps.
Permitted Use: A land use allowed as a property right within a zoning category
subject only to the requirements listed for that use.
Phase: A portion of a development project scheduled for construction and occupancy
as an entity apart from other phases of the development.
Planning Administrator: The Town of Marana Planning Administrator.
Plat: A map of a subdivision.
Preliminary Plat: A preliminary map, including supporting data, indicating a
proposed subdivision design prepared in accordance with the provisions of the Town
of Marana subdivision regulations.
Premises: A zoned lot, together with the buildings and other structures located
thereon.
Primary Arterial: A road intended to move traffic to and from such major attractions
as villages, regional shopping centers, colleges and/or universities, major industrial
areas and similar traffic generators within Marana and/ or as a route for traffic
between communities or large areas.
as adopted by town council 12-21-93
effective date: 1-21-94
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Principal Structure: A structure in which the principal use of the lot is conducted.
Principal Use: The primary or predominant use of any lot.
Public Improvement: Any drainage ditch, roadway, parkway, sidewalk, pedestrian
way, tree, lawn, off-street parking area, lot improvement or other facility for which
the Town of Marana may ultimately assume the responsibility for maintenance and
operation.
03.17 Definitions "0"
Ouasi-Public Land Use: Use of the land by private, not-for-profit institutions or
organizations for purposes which may, in fact, be public uses, or which may be
restricted to a particular group, but which generally involve the use of the land or the
facility located thereon by a large number of people; including but not limited to
churches, private schools, not-for-profit social organizations, hospitals, welfare
organizations, or non-profit medical centers.
03.18 Definitions "R"
RAC: The permitted number of residences per gross acre (43,560 square feet of land
area).
Recorded Plat: A final plat bearing all of the certificates of approval required by
Arizona Revised Statutes, and by the Town of Marana subdivision regulations, and
recorded by the Pima County Recorder.
Recreational Vehicle (RV.): A unit, designed to provide temporary living quarters,
built into as an integral part of or attached to a self-propelled motor vehicle chassis or
to be towed by a motor vehicle. The unit contains permanently installed independent
life support systems which provide at least four of the following facilities: cooling,
refrigeration or ice box, self-contained toilet, hearing and/or air conditioning, a
potable water supply system including a faucet and sink, separate 110-125 volt
electrical power supply and/ or LP gas supply.
Recreation Vehicle Park: A parcel of land under single or common ownership where
two or more spaces are leased, rented or sold for occupancy of an RV. A fee mayor
may not be charged for the use of the individual space.
Recreational Vehicle Space: An area within the RV. Park for the placement of an RV.
unit, in addition to any exclusive use area adjacent to the unit set aside for the
occupants of the RV., such as patio or parking space.
Registered Engineer: An engineer properly licensed and registered in the State of
Arizona.
Registered Land Surveyor: A land surveyor properly licensed and registered in the
State of Arizona.
,,;',........
Regulatory Flood: The park discharge of the 100-year flood. It is representative of
as adopted by town council 12-21-93
effective date: 1-21-94
10
large floods known to have occurred generally in the same region and reasonably
characteristic of what can be expected to occur on a particular stream or watercourse.
The regulatory flood generally has an average frequency or recurrence interval of 100
years. Each year there is a one percent chance that an equal or greater flood will
occur at that site.
Regulatory Flood Elevation: The water surface elevation of the regulatory flood for
watercourses where supercritical velocities are encountered. The critical depth will be
used for determining the regulatory flood elevation.
Regulatory Floodplain: That portion of the natural floodplain that would be
inundated by the regulatory flood.
Research Laboratory:
1. An administrative, engineering, specific research, design or experimentation
facility.
2. Shall include research on such things as electronic components, optical
equipment, etc.
Restaurant: An eating establishment where meals may be bought and eaten, also
allowing the sale alcoholic beverages.
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Right-Of-Way: A strip of land occupied or intent to be occupied by a street,
crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main,
sanitary or storm sewer main, or for another special use. The usage of the term
"right-of-way" for land platting purposes shall mean that every right-of-way hereafter
established and shown on a final plat is to be separate and distinct from the lots or
parcels adjoining such right-of-way, and not included within the dimensions or areas
of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains,
sanitary sewers, storm drainages, or any other use involving maintenance by a public
agency shall be dedicated to public use by the maker of the plat on which such right-
of-way is established.
Roof: The outside top covering of a building.
03.19 Definitions "S"
Sale or Lease: Any immediate or future transfer or ownership including contract of
sale or transfer, of an interest in a subdivision or part thereof, whether by metes and
bounds, deed, contract, plat, map or other written instrument.
Screen: A barrier that functions to shield, protect or conceal.
Setback: A distance from a set point.
Significant Change in Land Use: For zones A-F, any change in land use that will: (1)
more than double the household or enterprise density of the land in question within
one year; or (2) change the nature of the activity on the land from residential
(including renter occupied housing) to non-residential; or (3) change the nature of any
as adopted by town council 12-21-93
effective date: 1-21-94
11
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business, industrial, or quasi-public use of the land (including agriculture use) to any
use that would fall in a different Standard Industrial Oassification at the major group
level, except where such other use is already in existence on land immediately
adjacent to the site of the proposed change; or (4) be reasonably expected to more
than double the use of nearby streets or other public facilities within one year.
Notwithstanding, however, for small lots that have been vacant, upon which there
have been no building or buildings, a change in land use from vacant to any use
similar to one or more existing land uses on immediately adjacent lots shall be
deemed not significant. A similar and competing business enterprise shall not be
considered to be antagonistic to any existing business enterprise for the purposes of
this Code.
Similar Land Use: For zones A-F, land use of the same or lesser density of
households, if residential, or if non-residential use of the land by an activity classified
as within the same two-digit Standard Industrial Oassification Code as enumerated
by the United States Standard Industrial Classification Manual.
Single Family Dwelling, Attached: A dwelling unit attached to one or more dwelling
units by structural elements common to the attached units with each dwelling unit
located on its own individual lot. The structural elements include common wall
construction, roof, or other similar improvement. Elements like trusses, beams, and
patio walls are not included.
Single Family Dwelling, Detached: A dwelling unit which is not attached to any
other swelling unit by any structural elements and located on its own separate lot.
fugn,: Includes all outdoor advertising on any card, cloth, paper, plastic, metal,
painted glass, wood or stone, and any and all devices, structural or otherwise, lighted
or unlighted, painted or not painted, attached to, made a part of, or placed in the
window of, or in the front, rear, sides or top of any structure or on any land or any
tree, wall, bush, rock, post, fence, building or structure and visible from any public or
private street, way, thoroughfare, alley or walk, which device announces or directs
attention to the name or nature of a business, occupant of a structure, building or
land or the nature or type of goods, services or projects, produced, sold, stored,
furnished or available at the location or at any other location, including signs
specifically for the sale of real property.
Site: The land area designated for a development project, exclusive of any abutting
public right-of-way. The land area can be a portion of a lot, a single lot, or can
consist of more than one lot.
Specific Plan: A precise plan for a specific piece of property, or properties, typically
under single ownership, which contains all the elements as specified within these
regulations, and which has been adopted by the Town Mayor and Council, and which
may supersede these land use regulations as they might otherwise apply to the
specified property.
Story: A space in a building between the surface of any floor and the surface of the
floor next above, or if there is no floor above, then the space between such floor and
the ceiling or roof above.
as adopted by town council 12-21-93
effective date: 1-21-94
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Street: Any existing or proposed street, avenue, boulevard, road, land, parkway,
place, bridge, viaduct or easement for public vehicular access or a street shown in a
plat heretofore approved pursuant to the Town of Marana, Pima County, State of
Arizona or other governmental unit regulations, or a street on a plat duly filed and
recorded in the Pima County Recorders office which has been approved by a unit of
government. A street includes all land within the street right-of-way whether
improved or unimproved, and includes such improvements as pavement, shoulders,
curbs, gutters, sidewalks, parking space, bridges and viaducts.
Street, Arterial: A street which serves or is intended to serve as a major way by
which traffic may be conveyed between the Town of Marana and other communities
as well as between major population or activity concentrations within the Town of
Marana. Arterial Streets are designated in the Transportation Plan element of the
Town General Plan, and are generally one-mile apart on Section lines.
Street Center Line: The centerline or monument line of a street or road right-of-way
as established by an official survey.
Street, Collector: A street which is supplementary to an arterial street and serves, or
is intended to serve, to convey traffic between neighborhoods or similar areas within
Town. Collector Streets are typically at half-mile points within a Section.
Streets, Minor: Any dedicated street serving as the principal means of access to
property which is not shown on the Town Transportation Plan as an Arterial or
Collector street.
Street Right-of-Way Width: The distance between property lines measured at right
angles to the center line of the street.
Structure: Anything constructed or built, any edifice or building of any kind, or any
piece of work artificially built up or composed or put together in some definite
manner, which requires location on the ground.
Subdivider: A person, firm, corporation, partnership, association, syndicate, trust or
other legal entity that files application and initiates proceedings for the subdivision of
land in accordance with the provisions of State law or Town of Marana regulations.
An individual serving as agent for such legal entity is not a subdivider.
t,N.'"
Subdivision: Improved or unimproved land or lands divided for the purpose of
financing, sale or lease, whether immediate or future, into four or more lots, tracts or
parcels of land, or, if a new street is involved, any such property which is divided
into two or more lots, tracts, or parcels of land, or any such property, the boundaries
of which have been fixed by a recorded plat, which is divided into more than two
parts. "Subdivision" also includes any condominium, cooperative, community
apartment, townhouse or similar project containing four or more parcels, in which an
undivided interest in the land is coupled with the right of exclusive occupancy of any
unit located thereon, but plats of such projects need not show the buildings or the
manner in which the buildings or airspace above the property shown on the plat are
to be divided.
as adopted by town council 12-21-93
effective date: 1-21-94
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"Subdivision" does not include the following:
1. The sale or exchange of parcels of land to or between adjoining property
owners if such sale or exchange does not create additional lots.
2. The partitioning of land in accordance with other statutes of the State of
Arizona regulating the partitioning of land held in common ownership.
3. The leasing of apartments, offices, stores or similar space within a building
or trailer park, not to mineral, oil or gas leases.
Subdivision Design: Street alignment, grades and widths, alignment and widths of
easements and rights-of-way for drainage and sanitary sewers and the arrangement
and orientation of lots as set forth in the Town of Marana Subdivision regulations or
design manuals, or both.
Subdivision Improvement: The required installations, pursuant to the Town of
Marana subdivision regulations, including grading, sewer and water utilities, streets,
easements, traffic control devices as a condition to the approval and acceptance of the
final plat thereof.
03.20 Definitions "T"
Temporary Use: Any use allowed for a specified period of time. A use not of a
permanent nature.
Town: The Town of Marana, Arizona.
Town Board of Adjustment: The Town Council of Marana, convened as the Board of
Adjustment.
Town Council: The Town Council of Marana.
Town Engineer: The Town Engineer of Marana.
Townhouse: A single-family dwelling, attached, in which each unit has its own
separate front entrance, and no unit is located over another unit.
Transportation Corridor: Land that is occupied by transportation facilities, including
airports, railroads, roads, irrigation canals, or public utility line, or which is
immediately adjacent to such facilities, and which has been designated for the
purpose of accommodating such modes of transportation and related uses.
03.21 Definitions "V'
Use: The purpose for which land or a building is arranged designed or intended, for
which either land or building is or may be occupied or maintained.
Utilities: Services such as natural gas, electricity, water, telephone, and cable
television.
03.22 Definitions "V"
Variance: An exception to the provisions of these regulations.
as adopted by town council 12-21-93
effective date: 1-21-94
14
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Vicinity Plan: A map showing the relationship of a project or lot to adjacent streets,
lots, and structures.
03.23 Definitions "W'
Walls: An upright opaque structure of wood, stone, brick, etc., serving to enclose,
divide, support, protect, or screen.
03.24 Definitions ")(1' (Reserved)
03.25 Definitions "Y"
Yard: Any open space other than a court on the same lot with a building or dwelling
group which open space is unoccupied and unobstructed from the ground upward to
the sky except for the projecting and/or accessory buildings permitted by these
regulations.
03.26 Definitions "Z1' (Reserved)
Adopted 12/21/93, effective 1/21/94
as adopted by town council 12-21-93
effective date: 1-21-94
15
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TITLE 11
PROHIBITION OF ILLEGAL AND NUISANCE USES
Section 11.01 Illegal Uses Prohibited.
Any building or use of land or any construction thereon which was not authorized
by or under Ordinance 77-6, Ordinance 77-7, or Ordinance 77-10, as passed by the
Town Council, or which is illegal under such ordinances, shall remain
unauthorized and illegal unless expressly authorized or permitted by the
provisions of this Development Code Ordinance.
Section 11.02 Nuisance Uses Prohibited.
A. Purpose and Scope:
The purpose of this section is to promote the health, safety, economic, aesthetic
and general welfare of the citizens of the Town of Marana, and to protect
neighborhoods against nuisances, blight and deterioration, by establishing
requirements for the maintenance of all land, whether improved or vacant. This
section shall apply to all lands within the Town of Marana, without regard to
zoning or use.
B. Compo sting Prohibited:
No person shall compost or permit the composting of organic waste; manure; tree,
grass or shrub clippings; grease; biosolids, or other similar material on any
property within the Town of Marana limits except for composted material that is
utilized directly on the property from which it is composted.
C. Tire Storage Prohibited:
Other than by a bona fide commercial entity, engaged in the retail sale of used
tires, property licensed and operating, no person shall store, or allow the storage
of, used automobile, truck or other vehicle tires in a quantity greater than can be
used by such person on the vehicles owned by such person. In no event, shall any
person store, keep or maintain used tires outside a completely enclosed structure
on any property within the Town of Marana limits.
D. Grease Ponds Prohibited:
No person shall allow a grease pond or open grease storage facility to be
maintained on any property within the Town of Marana limits.
Section 11.03 The Planning Administrator may determine other similar uses to be a nuisance,
and is hereby authorized ~nd directed to make inspections in the normal course
of job duties; or in response to a complaint that an alleged violation of the
as adopted by town council 12~21-93
effective date: 1-21-94
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provisions of this title; or when there is reason to believe that a violation of this
title has been or is being committed.
Section 11.04 Violation of this chapter shall be as specified in Title 13 of this Land Development
Code.
Revised 12/21/93, Effective 1/21/94
,.-
17
as adopted by town council 12-21-9B
effective date: 1-21-94
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