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HomeMy WebLinkAboutOrdinance 77-010 Adopting a building code and declaring an emergencyORDINANCE NO. 77-10 AN ORDINANCE PORVIDING FOR THE ADOPTION OF A BUILDING CODE FORT HE TOWN 0¥MARANA, PIMACOUNTY, STATE OF ARIZONA, A_ND DECLARING AN EMERGENCY. Whereas, the Town Council of the Town of Marana has found it necessary for the health, safety, cnnvenience, order, and general welfare of the Town of Marana and the inhabitants thereof to regulate construction in said town, 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 CUUNCIL 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 BUILDING CODE 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, morals, convenience, order and general welfare of the present and future inhabitants of the Town of Marana by regulating construction within said Town in accordance with a code of building specifications and requirements. 02. UNIFORM BUILDING CODE The specifications and requirements of the Uniform Building Code, as published by International ConFerence o£ Building 0££icia!s edition of 1976 shall be adopted as the building code of the Town of Marana, with the exception of Section 301 (a), which shall be replaced by Section 03. of this ordinance, and with the inclusion of additional requirements and specifications, which are state hereinafter stated as Sections 04. through 14. of this ordinance, said sections of this ordinance to supersede and replace any conflicting portions of the Uniform Building Code herein named. 03. BUILDING PERMIT REQUIREMENTS No person, firm, or corporation shall erect, construct, enlarge, move, or substantially modify any residential building or mobile home or associated outbuildimg involving more than four hundred (400) square feet under roof without first obtaining a separate building permit for each building or structure from the Town buildimg official. No person, firm, or corporation shall erect, construct, enlarge, move, or substantially modify any co~ercial, industrial, quasi-public, or public building or structure without first obtaining a separate building permit for each such building or structure from the Town building official. The term, "substantially modify", shall be taken to mean the installation or removal of any interior or exterior wall or the addition or replacement of an amount of eletrical wiring or plumbing equal to twenty-five (25) percent of more of such installation in the modified building or structure. 04. SETBACKS No building of structure, except a fence or wall that is not part of a building and not over six feet in height, shall be constructed closer than ten feet to any side property line, or closer than forty (40) feet plus one foot for every foot of building height above gruund level to any front or rear property line. - 2 - 05. HEIGHT OF BUILDINGS AND STRUCTURES No building or structure, with the exception of fences or walls not higher than six feet in height and which are not part of a building, shall be allowed to extend to a height greater than the shortest distance from the base of the building or structure to the nearest point on the closest property line. 06. CLEAR VIEW OF INTERSECTING STREETS No obstruction whichwili obscure the view of automobile drivers shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at a points thrity~five (35) feet from the intersection of the street lines. 07. DRAINAGE (1· LOTS Surface water shall not be allowed to drain onto any adjacent lot or parcel except with the written agreement of the owner of the adjoining lot or parcel. 08. LOCATION OF GASOLINE PUM~S Gasoline pump islands and similar facilities for the dispensing of flammable materials shall be set back not less than eighteen (18) feet from any street line to which the pump island is perpendicalar and not less than twelve (12) feet from any street line to which the pump island is parallel, and not less than twelve feet from any residential property line. If the pump island is set an an angle on the lot, it shall be so located that automobiles stopped for service will not extend over the property line. In no case shall pumps be set closer than twelve (12) feet to any side or rear property line. Lots from which gasoline or similar flammable fluids are dispensed to customers at retail shall be not less than -3- seventy~five.(75) feet in width nor less than one hundred (100) feet in length. All approaches to gasoline pumps to a distance of eighteen feet from the pumps or to the nearest property line, whichever is smaller, will be paved. 09. OFF-STREET PARKING Space shall be provided for off-street parking on all lots upon which buildings or other structures are erected in accordance with the following schedule: for all residential buildings, two parking spaces shall be required for each dwelling unit in the building or for each room or suite where the building is a co~erical lodging facility; for all non-resdential buildings, one parking space shall be required for each full-time equivalent employee working normally on the site. 10. MOTOR VEHICLE ACCESS Access to all lots and parcels of land having frontage on a public street shall be controlled as follows: (a) Access shall be by not more than two driveways from any one street. (b) Driveways shall not be closer to each other than twenty (20) feet unless a greater distance is required elsewhere in this ordinance. (c) Each driveway shall be not more than thiry feet in width, measured at right angles to the center llne of the driveway, exept as increased by permissible curb return radii. (d) On corner lots, no driveway shall be Closer than thirty-five (35) feet to the point of intersection of the front property line with the side property lien which abuts upon a street. -4- 11. MOBILE HOMES All mobile homes, trailers, or similar units used as residences or commercial or industrial structures shall meet the mobile home standards adopted by the State of Arizona. Ail mobile homes, or similar units, put in place within the Town of Marana shall be so installed that either the bottom of the unit is flush with ground level on at least one side or the space between the bottom of the unit and ground level is covered by an exterior screen or skirt on all sides and both ends of the mobile home unit. 12. LOCATION OF STRUCTURES TO HOUSE ANIMALS No barn, shed, corral, or coop for the housing of bovine or equine amimals or swine, or for more than three hooved animals of any other kind, shall be erected, constructed, or moved to within one hundred feet (100 feet) of a human residence. 13. WASTE DISPOSAL Sewage systems and/or septic tank systems shall be constructed in accordance with the standards of the Pima County Health Department and the Arizona Department of Health Services. 14. LOT NL~ERS AND BUILDING ADDRESSES Each lot shall have a street address as assigmed by the appropriate Town official in accordance with the Town's established address numbering system. 15. SEVERABILITY This ordinance and the various parts, sections, and clauses are hereby declared to be severable. If any part, section, paragraph, sentence, clause, or 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, clause, and phrase thereof, irrespective of the fact that any one or more portions thereof be declared invalid.* 16. P. ESPONSIBILI~f 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 prescribed for violation. 17. 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 - 6- $300.00, or by imprisonment in the Town Jail for any term not exceeding ninety days, or by both such fine and imprisonment. Each 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 provisions 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 imposition of any fine or sentence shall not exempt the offender from compliance with the requirements of this ordinance. 18. EFFECTIVE DATE In consideration of impending construction, 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, Arizona, this 6th day of September 1977. ATTEST: Town Clerk - 7 - AMENDMENT TO ORDINANCE 77-10 Section 03., BUILDING PERMITTREQUIREMENTS, shall be amended to read as follows: No person, firm, or corporation shall erect, construct, enlarge, move, or substantially modify any residential building or mobile home or associated outbuilding involving more than four hundred (400) square feet under roof without first obtaining a separate buildinq permit for each building or structure from the Town Building Official. No person, firm, or corporation shall erect, construct, enlarge, move, or substantially modify any commercial, industrial, quasi-public, or public buildina or structure without first obtaining a separate building permit for each such building or structure from the Town B~ilding Official. The term, "substantially modify", shall be taken to mean the installation or removal of any interior or exterior wall or the addition or replacement of an amount of electrical wiring or plumbing equal to twenty-five (25) oercent or more of such installation in the modified §~{lding or structure. EACH APPLICANT FOR A BUILDING PERMIT SHALL BE CHARGED A FEE OF FIVE DOLLARS ($5.00), PAYABLE TO THE TOWN OF MAP. qNA AND COLLECTED BY THE TOWN CLERK AT THE TIME THE ~PPLICATION FOR A PERMIT IS SUBMITTED.' EACH APPLICANT FOR A BUILDING PERMIT SHALL BE CHARGED A FEE FOR PLANS CHECKING EQUAL TO ONE CENT ($0.01) PER CUBIC FOOT OF STRUCTURE UNDER ROOF, SAID FEE TO BE PAYABLE TO THE DESIGNATED PROFESSIONAL WHO PERFORMS THE ACTUAL PLANS CHECK THROUGH THE OFFICE OF THE T1]~N BUILDING OFFICIAL. EVERY SUCH CHECK OF PLANS AND SPECIFICATIONS SHALL INCLUDE AS A MINIMUM A REVIEW OF ALL ELECTRICAL, PLUMBING, MECHANICAL, AND STRUCTURAL FEATURES IN THE PROPOSED STRUCTURE TO ASSURE COMPLIANCE WITH THE TOWN BUILDING CODE. EACH APPLICANT FOR A BUILDING PERMIT SHALL BE CHARGED A FEE FOR BUILDING INSPECTION EQUAL TO ONE TENTH OF ONE CENT ($0.001) PER CUBIC FOOT OF STRUCTURE UNDER ROOF PER INSPECTION OR RE-INSPECTION. SUCH FEE SHALL BE PAYABLE TO THE DESIGNATED BUILDING INSPECTOR THROUGH THE OFFICE OF ~ TD~N BUILDING OFFICIAL AND MUSS BE PAID BEFORE A CERTIFICATE OF OCCUPANCY FOR THAT STPlICTURE IS ISSUED BY THE TOWN. PASSED AND ADOPTED by the Common Council of the Town of Marana, Arizona, this 9th day of November 1981. ATTEST: Town C'ler~/ APPROVED AS TO FORM: Town Attoffn6y .// ~' AMENDMENT TO ORDINANCE NO. 77-10 "12. LOCATION OF STRUCTURES TO HOUSE No barn, shed, corral, coop, or other fence Or Structure for the housing of bovine or equine animals or swine, or for the housing of more th~n three hoofed ~uimals of muy other kind, shall be erected, constructed or moved to within 100 feet of another's residence. The restrictions herein shall not apply to the residence of the owner of ~uy of the aforementioned ~nimal~ which are maintained on that owner's l~nd." Passed and Adopted by the Town Council of the Town of Marana this 13 th day of ~eptembev 1982. ATTEST: Mayor Town Cler~ ~ Amendment to Ordinance 77-10 Section 04, Setbacks, of Ordinance 77-10, the Town Building Code Ordinance, shall be amended by adding the following: Notwithstanding the above, on any lot located in Zone A, as defined by the Town of Mararia Zoning Ordinance, 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 is 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, edition of 1979;' (3) Any gap of less than five (5) feet between the wall of the building that is along the side property line and the wall of any building located on the im- mediately adjacent lot shall be closed at both front, and rear, shall be covered above, and shall be filled with rubble 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. Passed and Adopted by the Town Council of the Town of Mararia this i4th day of November 1983. ATTEST: Town Clerk