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HomeMy WebLinkAboutOrdinance 77-006 Providing zoning for the Town of Marana and declaring an emergencyO IN CE NO. 77- AN ORDINANCE PROVIDING FOR THE ZONING OF THE TOWN OF MARANA, PI}IA~ COUNTY, STATE OF ARIZONA, ii_ND DECLARING AN EMERGENCY Whereas, the Town Council of the Town of Marana has found it necessary for the health, safety, convenience, order, and general welfare of the Town of Marana and the inhabitants thereof to zone said town, and Whereas, the Town Council of the Town of Marana are familiar with the Town, its land uses, and its problems, and have considerable knowledge and expeirence related to land use within the Town of Marana, and Whereas the Town Council has given due notice and has held a public hearing thereon before adopting this ordinance, Now Therefore, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: 01.01 TITLE, INTENT, AND PURPOSE This ordinance shall be known as, and shall be entitled, THE ZONING ORDINANCE OF THE TOWN OF MARANA, ARIZONA, and may be so cited and pleaded. 01.02 Intent and Purpose The intent and purpose of this ordinance is to promote the health, safety, mor~ls, convenience, order, and general welfare of the present and future inhabitants of the Town of Marana by guiding development within said Town in accordance with a zoning plan, which plan has been so designed: A. to encourage and facilitate orderly growth and development in the Town; 0000;l B. to create conditions favorable to prosperity, civic activities, and recreational, educational, and cultural opportunities; C. to facilitate adequate provisions for transportation, water, sewerage, schools, parks, and other public requirements; D. to reduce the waste of physical, financial, and human resources resulting from excessive scattering of the population or the overcrowding of land, and to provide for adequate light and air; E. to secure safety from fires, floods, traffic hazards, and other dangers; F. to stabilize and improve property values; and G. to promote a more attractive and wholesome environment within the Town. 02. APPLICATION, CONSIDERATION, AND INTERPRETATION 02.01 Application The regulations and restrictions as set forth in this ordinance shall be so interpreted and applied as to further the purpose of this ordinance. 02.02 Consideration In establishing the zones, the boundaries thereof, and the regulations and restrictions applying within each of the zones, due and careful consideration was given to the suitability of the land for particular uses and to the character of the zones, with a view to conserving the value of buildings and encouraging~the most appropriate use of the land throughout the Town. 0 ()(3 0 ;? 02.03 Interpretation The provisions of this ordinance shall be held to be the minimum requirements needed to promote the public health, safety, convenience, order, and general welfare of the present and future inhabitants of the Town. It is not intended by this ordinance to interfere with or abrogate or annul any easement, covenant, or other agreement between parties which imposes a greater restriction than is imposed or required by this ordinance, but shall prevail, notwithstanding, covenants or porvisions which are less restrictive. 03. DEFINITIONS 03.01 Board of Adjustment The Board of Adjustment shall be the official body designated by this ordinance to hear and decide applications for variances from the terms of the zoning ordinance and appeals from the decisions of the zoning administrator. The Board of Adjustment shall consist of the members of the Town Council, and the Mayor shall serve as the Chairman of the Board of Adjustment. 03.02 Building Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. 03.03 Crop Agriculture Crop agriculture shall mean the growing of soil crops in the customary manner in the open. It shall not include livestock raising activities, but it shall include the retailing of agricultural products on the premises on which they are raised. 00003 03.04 Density The term, density, shall mean the number of dwelling units or enterprises per acre of land. 03.05 Dwelling Unit' A dwelling unit shall be considered to consist of one or more rooms in a building designed for living purposes (eating, sleeping, and bathing) and occupied by one household. 03.06 Enterprise An individual or organization engaged in a single type of activity classified and defined by the United States Standard Industrial Classification Manual at the three-digit level, or at the four-digit level in the case of governmental units. 03.07 03.08 03.09 Flood Plain, Designated ~ The designated flood plain shall consist of all land within the Town '~ of Marana that is adjacent to the Santa Cruz River and within ten feet, vertically, of the average grade of the bottom of the river bed, when dry, at its nearest point. Large Scale Development Any planned unit development, mobile home park, mobile home subdivision, travel trailer park, group dwelling, or farm labor camp, on a lot or parcel larger than 2.5 acres, which has been approved by the Town Council. Lot A single parcel or tract of land designated on a subdivision plat or shown by deed, duly recorded pursuant to statute in the County Recorder's office. 00004 03.10 03.11 03.12 03.13 03.14 03.15 03.16 03.17 Lot, Small Any lot occupying 2.5 acres or less. Lot, Medium size Any lot occupying more than 2.5 acres but less than 25 acres. Lot~ Lar8e Any lot occupying 25 acres or more. Non-conformin~ use A use of premises which does not conform to the regulations of this ordinanca but which existed at the effective date of this ordinance. Nearby Land Land lying within one-~uarter mile of a small lot, within one mile of a medium size lot, and within two miles of a large lot. Planned Unit Development A tract of land greater than 2.5 acres in size that is planned and developed as a single entity. Premises A lot together with the buildings and other structures located thereon. Quasi-public land use Use of 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 facility by a large number of people; such as churches, not-for-profit social organizations, hospitals, welfare organizations, or medical clinics. 0000,5 03.18 03.19 03.20 03.21 Significant Change in Land Use .~ Any change in land use that will: (A) more than double the household or enterprise density of the land in question within one year; (B) change the nature of the activity on the land from residential (including renter-occupied housing) to non-residential; (C) change the nature of any business, industrial, or quasi-public use of the land (including agricultural use) to any use that could reasonably be considered to be antagonistic (i.e. that which will decrease the usefulness of other land) to existing immediately adjacent land use; or (D) can be reasonably expected to double the use of nearby streets or other public facilities within one year; except for small parcels that have been vacant, upon which their have been no building or buildings, in which case a change in land use to a use ~i '= ~ similar to one or more existing land uses on immediately adjacent lots shall be deemed not significant. Similar land use Use of land by an activity classified as within the same three-digit S.I.C code as enumerated in the United States Standard Industrial Classification Manual. Street, Major Any road or street shown or designated on the Town's street plan, when prepared, as an arterial or collector street. Street, Minor Any dedicated street serving as the principal means of access to property, which street is not shown on the Town Map as an arterial or collector street. 00006 03.22 03,23 Transportation Corridor A parcel of land occupied by transportation facilities, including railroads, roads, irrigation canals, or public utility lines, that has been designated for that purpose and related uses. Zonin~ Administrator The zoning administrator is the Town official responsible for the enforcement of the zoning ordinance. 04. ESTABLISHMENT OF ZONES 04.01 Zones Established In order to carry out the purposes of this ordinance, the Town of Marana, Arizona, is hereby divided into zones as follows: Zone A - Small Lot Zone Zone B - Medium Size Lot Zone zone C - Large Lot Zone Zone D - Designated Flood Plain Zone Zone E - Transportation Corridor Zone 04.02 Official Zone Map The location and boundaries of each of the zones are to be shown on the Official Zone Map of the Town of Marana, Arizona, and said map is hereby declared to be an offical record and a part of this ordinance and said official zone map and all notations, references, and other information shown thereon shall be identified by the signature of the Mayor and attested to by the Town Clerk and shall be as much a part of this ordinance as if the matters and other information set forth by said map were fully described herein. 00007 Whene=er amendments or changes are made in zone boundaries, such amendments or changes shall be made on the official zone map promptly. No amendment or change shall become effective until after it has been properly noted and attested to on the official zone map. No changes of any nature shall be made in the official zone map except in conformity with %heprocedure set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable as provided in this ordinance. Regardless of the existence of porported copies of the official zone map, which may from time to time be made or published, the official zone map which shall be located in the office of the Town Clerk shall be the final authority in determining current zoning status. 04.03 Boundaries of Zones 04.03.01 Zone A (Small Parcel land uses) shall be comprised of all land: (1) within 400 feet of the center line of Luckett Road; (2) within 400 feet, on the west side only, of the center line of Avra Road between Hardin Road and Barnett Road; (3) the southeast one-quarter of Section 18, T 11 S, R 11 E, of the Gila and Salt River Base and Mediridian; (4) within 400 feet of the center line of Sanders Road, south of ~rico- Marana Road; (5) within 465 feet of the center line of San Dario Road between Trico- Marana Road and Barnett Road; 000(> (6) between San Dario Road on the west, McDuff Road on the east, the Interstate 10 Frontage Road on the northeast, and Grief Road on the south; (8) Between the eastward extension of Trico-Marana Road on the north, the right of way of the Southern Pacific Railroad on the southwest, and a north-south line located one quarter mile east of the north-south center line of Section 22, T 11 S, R 11 E, of the Gila and Salt River Base and Meridian; (9) between Postvale Road on the west, the Interstate 10 Frontage Road on the northeast, and Barnett Road on the south; (10) within 400 feet, on the east side only, of the center line of Postvale Road, between Moore Road and an east-west line located one half mile south of Moore Road; (11) within 400 feet, on the northwest side only, of the center line of TRico-Marana Road west of Luckett Road; (12) between Trico-Marana Road on the north and west, the designated flood plain of the Santa Cruz River on the south, and a line one-half mile east of Luckett Road on the east; (13) within 400 feet, on the south side only, of the center line of Trico- Marana Road; (14) within 400 feet of the center line of Grier Road from Avra Road to Lon Adams Road; (15) within 400 feet of the center line of Barnett Road from Sanders Road to the Interstate 10 Frontage Road; (16) within 400 feet of the centerline of Moore Road from Sanders Road to San Dario Road; 00009 (17) within 400 feet, on the south side only, of the center line of Moore Road from San Dario Road to Postvale Road; (18) between Moore Road on the north, the designated flood plain of the Santa Cruz Ri~er on the south, Sanders Road on the west, and San Dario Road on the east; (19) within 400 feet, on the north side only, of the center line of Tangerine Road from Postvale Road to the Interstate 10 Frontage Road; and (20) the southwest one-quarter of the northeast one-qua~er of S~ction 18, T 11 S, R 11 E, Gila and Salt River Base and Meridian. 04.03.02 Zone B(Medium Size Parcel land uses) shall be comprised of all land: (1) between Grief Road on the north, Barnett Road on the south, San Dario Road on the west, and Lon Adams Road on the east that does not lie within Zone A; (2) between McDuff and Lon Adams roads on the west, Postvale Road on the east, the Interstate 10 Frontage Road on the northeast, and Barnett Road on the south; and (3) north and east of the right of way of the Southern Pacific Railroad within sections 22 and 26, T 11 S, R 11 E, Gila And Salt River Base and Meridian, that does not lie within Zone A. 04.03.03 Zone C (Large parcel land uses) shall be comprised of all land within the Town of Marana that has not been designated as in Zones A, B, D. or E. 04.03.04 Zone D (Designated Flood Plain) shall be comprised of all land within the Town of Marana and adjacent to the Santa Cruz River that lies within 10 feet, vertically of the average bottom of the Santa Cruz River 0O010 bed, when dry, at its nearest point. 04.03.05 Zone E (Transportation Corridor) shall be comprised of all land between the northeasterly right of way of the Southern Pacific Railroad on the northeast and the sothwesterly right of way of the Inter~tate 10 Frontage Road, on the southwest side of Interstate 10, on the southwest. 05. REGULATIONS WITHIN ZONES 05.01 Zone A - Small Lots Within Zone A, residential, commericial, industrial, and quasi- public land uses are permitted so long as each activity is conducted on a lot no larger than 2.5 acres. This is not, however, to permit any land uses which may be specifically prohibited within the Town of Marana by other ordimances of the Town of Marana.. The location, height, and size of buildings and structures, the size of lots, yards, courts, and other open spaces , and the density of housing units and enterprises, and other specific characteristics of the buildings or other sturctures located on each lot within the zone shall be as dictated by the Building Code of the Town of Marana. 05.02 Zone B - Medium Size Lots Within Zone B, any residential, commercial, industrial, or quasi- public land uses are permitted so long as each separate activity is carried on on a lot larger than 2.5 acres but no larger than 25 acres. This is not to permit, however, any land use that may be expressly prohibited within the Town of Marana by other ordinances of the Town of Marana. 00011 The location, height, and size of buildings and other structures, the size of lots, yards, courts, and other open spaces, and the density of dwelling units and enterprises, and other specific characteristics of the buildings or other structures located on each lot within the zone shall be as dictated by the Building Code of the Town of Marana. 05.03 Zone C - Large Lots 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 larger than 25 acres. This is not to permit, however, any land use that may be expressly prohibited within the Town of Marana by other ordinances of the Town of Marana. 05.04 Zone D - Desisnated Flood Plain Within Zone D no residential land · ~ use shall be permitted, nor shall any commercial, industrial, or quasi-public use be permitted that entails the accomodation of persons overnight or the storage of materials or equipment for more than 24 hours if such materials or e~uipment would become hazardous upon exposure to water or if such materials or equipment would result in hazardous contamination of the Santa Cruz River or the nearby ground water table if subjected to a flooding of the Santa Cruz River. 05.05 Zone E - Transportation Corrido~ Within Zone E no residential land use shall be permitted. Any commercial, industrial, or quasi-public land use shall be permitted. This is not to permit, however, any land use which may be expressly prohibited within the Town of Marana by other ordinances of the Town of Marana. 00012 06. LAND USE CHANGES WITHIN ZONES 06.01 Notification of Intended Change Notwithstanding the zone to which a particular lot or parcel of land has been assigned by this ordinance, or any amendment thereto, any land owner or lessee withing to significantly change the way in which that lot or parcel is used, as defined in paragraph 03.18 of this ordinance, shall notify in writing those owning land within one quarter mile (if the land is in Zone A, D, or E), one mile (if the land is in Zone B), or two miles (if the land is in Zone C) of his intent to significantly change the use of that lot or parcel and the nature of the intended change. 06.02 Protest If no owners of land immediately adjacent to the lot or parcel for which a land use change has been proposed, or if no more than eight percent of the owners of nearby land, within the limits defined in paragraph 03.18 of this ordinance, protest, in writing, the intended change in land use to the Town Cnuncil within 30 days of their notification of said change, then the land owner or lessee may proceed with his intended land use change without any further approval, except as may be required by other ordinances of the Marana Town Council, Pima County, or the State of Arizona. 06.03 Response to Protest If the owners of any immediately adjacent property or more than eight percent of the owners of nearby property do protest the intenRed significant change in land use of a particular parcel or lot, in the manner prescribed, then the land owner or lessee proposing the change shall have an additional 30 days in which to present rebuttal to the protests to the Town Council at a public hearing. Notice of the time.and place of the hearing, including a general explanation of the matter to be considered and including a general description of the area affected shall be given at least 15 days before the hearing in the following manner: The notice shall be published at least once in a newspaper of general circulation, published or circulated in the municipality, or if there is none, it shall be posted on the affected property in such a manner as to be legible from the public right-of-way and in at least three public places in the municipality. A posted notice shall be printed so that the words, "Land Use Change", and the date and time of the hearing are visible from a distance of one hundred feet. 06.04 Responsibility of the Council The Town Council shall then have an additional 30 days 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 land use change and at least 92 percent of the nearby property owners~ The decision of the Town Council shall be arrived at in open meeting and shall be explicit as to the reasons for the approval or denial. Where 20 percent of more of the nearby property owners have protested the proposed land use change, approval of the change must be by a three-fourths vote of the full Council. 00014 07. AMENDMENTS 07.01 Amendment Request Any person seeking an amendment of this ordinance shall submit to the zoning administrator a written application on forms furnished by the Town designating the change desired and the reasons therefor an~ shall pay a filing fee of $25 to the Town. Where the desired amendment is a change in zoning for a particular lot or parcel of land, the person seeking the zoning change ahall also notify in writing the owners of all land within one mile of the land for which the change is requested. The zoning adminstrator shall consider the request and then certify his recommendations to the Town Council within 30 days of the filing of the request. The owners of property within one mile of any lot or parcel for which a change in zoning has been requested will also have 30 days within which to file any protests to the zoning change with the Town Council. The zoning administrator and the Town Council itself may a.lso initiate amendments to this ordinance, but without payment of the filing fee. 07.02 Public Hearing Even if there are no protests to the proposed amendment filed with the Town Council, the Town Council will schedule a public hearing on the proposed amendment no sooner than 30 days and no later than 60 days after the filing of 'the amendment request with the zoning administrator. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and including a general description of the area affected shall be given at least 15 days before the hearing in the 0O0i8 following manner: The notice shall be published at least once in a newspaper of general circulation, published or circulated in the municipality, or if there is none, it shall be posted on the affected property in such a manner as to be legible from the public right-of -way and in at least three public places in the municipality. A posted notice shall be printed so the words, "Zoning Change", are visible from a distance of one hundred feet along with the date and time of the hearing. If the requested rezoning involves land which abuts other municipalities or unincorporated areas of the county, copies of the notice of hearing shall be transmitted to the planning agency of such governmental unit having jurisdiction over that land outside of the Town of Marana. 07.03 Responsibility of the Council A decision on any rezoning request or any other amendment to this ordinance must be made by the Town Council within 90 days of the initial filing of the amendment request with the zoning administrator and after the holding of the public hearing on the request. The decision must be arrived at in open meeting and must be explicit as to the reasons for its adoption. Where twenty percent or more of the owners of property within one mile of the land involved in the proposed change or any owner of land irm-nediately adjacent to the land involved in the rezoning file a protest to the proposed change in writing, the change shall not become effective except by the favorable vote of three-fourths of all of the members of the Town Council. 00 0 08~ ADMINISTRATION AND ENFORCEMENT 08.01 Office of Zonin~ Administrator The Town Council shall appoint a zoning adminstrator, who shall be charged with responsibility for the enforcement of the zoning ordinance. Compensation of the zoning adminstrator shall be determined by the Town Council at the time of such appointment. 08.02 Board of Adjustment The Town Council shall act as the Board of Adjustment in ali appeals from the decisions of the zoning adminstrator and in all other zoning matters as are charged to the Board of Adjustment by the laws of the State of Arizona. 08.03 Certificate of Zoning Compliance It shall be unlawful to use or occupy or permit the use of or occupancy of any new building or premise until a certificate of zoning compliance shall have been issued therefor by the zoning administrator stating that the proposed use of the building or land conforms to the requirements of this ordinance. The zoning administrator shall maintain a record of all certificates of zoning compliance for a period of three years, and a copy shall be furnished upon request to any applicant. Failure to obtain a certificate of zoning compliance shall be a violation of this ordinance. 08.04 Powers and Duties of the Town Council The Town Council shall have all powers and duties specifically delegated to it by this ordinance. In addition, the Town Council shall have the power to amend, change, or modify any provision of this zoning ordinance, provided that the procedures for amendment are followed, as described herein. 00017 09. RELATION TO THE SUBDIVISION ORDINANCE Any division of land lying within any of the established zones into four or more lots, tracts, or parcels of land, or the division of land lying within any zone into two or more lots, tracts, or parcels where the establishment of a new street is involved, shall be governed by the provisions of the Town's Subdivision Ordinance, as well as by the provisions of this ordinance. 10. RELATION TO THE BUILDING CODE The construction of any building or other structure or the substantial modification or extension of any structure on a particular parcel or lot shall be governed by the provisions of the Town's Building Code as well as by the provisions of this ordinance. 11. SEVERABILITY This ordinance and the various parts, sections, and clauses are hereby declared to be severable. If any part, section, paragraph, sentence, clause, of phrase is adjudged unconstitutional or invalid, it is hereby declared that the remainder of the ordinance shall not be affected thereby. The Town Council hereby declares that it would have passed this ordinance and each part, section, paragraph, sentence, clause, and pharase thereof, irrespective of the fact that any one or more portions thereof be declared invalid. 12. RESPONSIBILITY FOR VIOLATIONS It shall be the duty of all contractors, subcontractors, builders, and other persons having to do with the establishment of any use of land or the erection, altering, changing, or remodeling of any building or structure to make sure that a proper permit has been obtained before work is begun on any project for which a permit is required. Any such architect, builder, contractor, or other persons doing or performing any such work without a permit having been issued shall be deemed guilty of violating this ordinance in the same manner and to the same extent as the owner or lessee of the premises or the person for whom the use is established, or for whom such buildings are erected or altered, and shall be subject to the penalties herein prescribed for a violation. 13. PENALTIES Any firm, corporation, person, or persons violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum less than $300.00, or by imprisonment in the Town Jail for any term not exceeding ninety days, or by both such fine and imprisonment. ~ach person, persons, firm, or corporation found guilty of violation shall be deemed guilty of a separate offense for each day during which any violation of any provision of this ordinance is committed, continued, or permitted by such person, persons, firm, or corporation, and shall be punished as provided in this ordinance. The impositi6n of any fine or sentence shall not exempt the offender from compliance with the requirements of this ordinance. 14.. EFFECTIVE DATE In consideration of impending development, in the opinion of the Town Council an emergency exists. This ordinance shall therefore be in full force and effect from and after its passage by the Town Council and publication as required by law. Passed and adopted by the Town Council of the Town of Marana, State of Arizona, this ~ day of ~ , 1977. 0001 ATTEST: Mayor