HomeMy WebLinkAboutOrdinance 2015.021 Adopting comprehensive revisions to and reformating and consolidation of Marana Land Development CodeF. ANN RODRIGUEZ, RECORDER
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SMARA
TOWN OF MARANA
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MARANA ORDINANCE NO. 2015,021
RELATING TO DEVELOPMENT; ADOPTING COMPREHENSIVE REVISIONS TO AND
REFORMATTING- AND CONSOLIDATION OF MARANA LAND DEVELOPMENT CODE
TITLE I (TITLE, INTENT, AND PURPOSE); TITLE 2 (ADMINISTRATION); TITLE 3
(DEFINITIONS); TITLE 4 (PLANNING); SECTION 05.04 (NONCONFORMING
STRUCTURES AND LAND USES) AND ALL OF SECTION 05.05 (R.ELATIONSHIPS TO
STRE OTHER STRUCTURES, AND OTHER PROPERTY) EXCEPT SUBSECTION
05.05,08 (MANUFACTURED HOMES IN ZONE A, B, & C); TITLE 6 (SUBDIVISIONS);
TITLE 7 (LARGE SCALE DEVELOPMENTS); ALL OF TITLE 8 (GENERAL
DEVELOPMENT REGULATIONS) EXCEPT SECTION 08.06 (RESIDENTIAL DESIGN)
AND SECTION 08.07 (COMMERCIAL DESIGN STANDARDS); TITLE 9
(ADMINISTRATION AND ENFORCEMENT); TITLE 10 (PROCEDURES); TITLE I1
(PROHIBITION of ILLEGAL AND NUISANCE USES); TITLE 12 (CONFLICT O
INTEREST); TITLE 13 (PENALTY); TITLE 14 (SEVER -ABILITY); TITLE 15 (REPEAL OF
OTHER ORDINANCES AND EFFECTI 'VE DATE); TITLE 21 (FLOOD PLAIN AND
EROSION HAZARD MANAGEMENT LODE); AND TITLE 25 (STORMWATER
MANAGEMENT) INTO TITLE 17 (LAND DEVELOPMENT) OF I - HE MARANA TOWN
CODE
BE IT ORDAINED BY THE MAYOR AND COUNCIL, OF TIC E TOWN OF
MARANA, as follows:
SECTION 1. The comprehensive revisions to and reformatting and consolidation of
Marana Land Development Code Title I (Title, Intent, and Purpose); Title 2 (Administration);
Title 3 (Definitions); Title 4 (Planning); Section 05.04 (Nonconforming Structures and Land
Uses) and all of Section 05.05 (Relationships to Streets, other Structures, and other Property)
except Subsection 05.05.08 (Manufactured H omes in zone A, I3, & C); Title 6 (Subdivisions);
Title 7 (Large Scale Developments); all of Title 8 (General Development Regulations) except
Section 08.06 (Residential Design) and Section 08.07 (Commercial Design Standards); Title 9
(Administration and Enforcement); Title 10 (Procedures); Title I I (Prohibition of Illegal and
Nuisance Uses); Title 12 (Conflict of Interest); Title 13 (Penalty); Title 14 (Severability); Title
15 (Repeal of other ordinances and Effective Date); Title 21 (Flood Plain and Erosion Hazard
Management Code); and Title 25 (Stormwater Management) into Title 17 (Land Development)
of the Marana Town Code, three copies of which are on file in the office of the Town Clerk of
the Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to
Resolution No. 201.5 -134 of the Town of Marana, Arizona, are hereby referred to, adopted and
made a part of this ordinance as if fully set out here.
SECTION 2. The following penalty clauses are included in Marana Town Code Title 17
(Land Development) as adopted pursuant to this ordinance:
$7.00
00044217. DOCX 1I
Manna Ordinance Nn. 201 5.021 - 1 - 12/1/2015 10A2 AM 1".1C;
17 -5--8 Violations and penalties
A. It shall be a misdemeanor to record or attempt to record a subdivision plat or
minor land division snap with the county recorder if such plat or snap includes
any land within the town and such plat or map has not been given approval by
the town.
B. It shall be a misdemeanor to attempt to achieve a minor land division or to
achieve a minor land division or to attempt to establish a subdivision or to
establish a subdivision of any land within the town without first having
obtained the approval of the town as provided for by this chapter.
17 -15 -5 Unlawful acts
A. It is unlawful for a person to engage in any development or to divert, retard
or obstruct the flow of waters in a watercourse if it creates a hazard to life or
property without securing the written authorization rewired by A.R.S.
§ 48 -3613. where the watercourse is a delineated floodplain, it is unlawful to
engage in any development affecting the - flow of waters without securing
written authorization required by A.R.S. § 48 -3613.
B. Any person. violating the provisions of this chapter shall be guilty of a class 2
misdemeanor. Each day that a violation continues shall be considered a
separate offense.
17-16-3 Compliance monitoring;
A. Inspections [no penalty clauses]
B. Enforcement and penalties
1. Charges or penalties levied pursuant to this chapter shall be collected by
the department of public works and utilized for public education and
outreach in compliance with the town's MS4 Permit. The town engineer
shall make and enforce economic and efficient management and
protection of the town's storm sewer system.
2. Operator and/or owner of record. The operator performing activities
and/or owner of record of the property upon which a violation of this
chapter occurs shall be presumed to be a person having lawful control over
the activity or premises unless it is demonstrated and documented that
another person has knowingly and in good faith accepted responsibility for
the activity at issue. If more than one person is identified as the owner,
such persons shall be presumed to be jointly and severally in lawful
possession and control of the activity or premises.
3. Notice to correct. The town may issue a written notice to correct to any
person who has violated or is in violation of this chapter. Failure to
comply with any act required in the notice to correct may result in a notice
of violation and/or stop work order as described in subsections 4 and 6 of
this section.
00044217. DOCX /I
Marana Ordinance No. 2015,021 -2- 12/1/2015 10:42 AM RIC
4. Notice of violation. The town may issue a written notice of violation to
any person who has violated or is in violation of this chapter. Failure to
comply with any act required in the notice of violation shall be a separate
violation for each day beyond the thirtieth calendar day following the
notice of violation. Nothing in this section shall limit the authority of the
town to take any action, including emergency actions or any other
enforcement action, without first issuing a notice of violation. In
appropriate situations the town may notify the person orally either in
person or by telephone prior to written notification.
5. Consent orders. The town may enter into Consent orders, assurances of
voluntary compliance, negotiated settlement agreements, or other similar
documents establishing an agreement with any person responsible for
noncompliance. Such documents will include specific action to be taken
by the person to correct the noncompliance within a time period specified
by the document, including an identification and description of the best
management practices and measures to utilize in implementing the order.
Such documents shall have the same force and effect as any other orders
issued under this chapter and shall be judicially enforceable.
6. Stop work order. For projects under construction in the town, if the town
finds that a person has violated, or continues to violate, any provision of
this chapter or any related laws or regulations, or that the person's past
violations are likely to recur, the town may issue a stop work order to the
person directing them to cease and desist all such violations and direct the
person to immediately comply with all requirements; and take such
appropriate remedial or preventive action as may be needed to properly
address a continuing or threatened violation. Issuance of a stop work order
shall not be a bar against, or a prerequisite for, taking any other action
against the person. A person's failure to comply with an order issued
pursuant to this chapter shall constitute a violation of this chapter.
7. Civil penalties. In addition to any other enforcement authority contained in
this chapter, the town may issue a civil citation to any person who has
violated, or continues to violate, any provision of this chapter or any
related laws or regulations. A person who violates any requirement of this
chapter or any applicable NPDES or AZPDES stormwater permit
condition shall be civilly liable to the town for a sum not to exceed $2,500
per day for each violation.
S. Criminal penalties. A person who willfully or negligently violates any
provision of this chapter, or any related laws or regulations shall, upon
conviction, be guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine not to exceed $2,500 per day for each violation
and/or by imprisonment for a period not to exceed six months.
9. Criminal prosecution. Some intentional violations may constitute criminal
violations of federal, state, and town law, and that under such
circumstances, the town may seek the assistance of the EPA, the state, or
00044217.1)UCx /I
Marana Ordinance Nn. 2015.021 -3 - 12/1/2015 10,42 AM FW
the town prosecutor to commence civil and/or criminal action a an
person who violates an re of this chapter or an applicable
NPDES or AZPDES stormwater permit condition.
10. The town ma withhold the issuance of permits includin but not limited
to buildin permits, native plant permits and g radin g permits, for the
development or improvement on the parcel or an conti parcel of
land under the ownership of a person or persons in violation of an
re of this chapter or an applicable NPDES or AZPDES
stormwater permit condition.
11. Liabilit for costs. The town ma assess liabilit for costs to an person in
violation of this chapter for all actual costs incurred b the town in
surveillance, samplin and testin abatement, and remediation associated
with a dischar Additionall the town ma assess liabilit for costs to
an person whose dischar resulted in a violation of the town's AZPDES
stormwater permit.
SECTION 3. The various town officers and emplo are authorized and directed to
perform all acts necessar or desirable to g ive effect to this ordinance.
SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinance are hereb repealed,
effective as of the effective date of this ordinance.
SECTION 5. If an section, subsection, sentence, clause, phrase or portion of this
ordinance is for an reason held to be invalid or unconstitutional b the decision of an court of
competent j urisdiction, the decision shall not affect the validit of the remainin portions of this
ordinance.
SECTION 6. This ordinance shall become effective on Januar 15, 2016.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 15"' da of December, 2015.
Fr Cas Town Atto
00044217.DOCX /I
Marana Ordinance No. 2015.021 - 4 - 12/1/2015 10:42 AM FK'
APPROV,,kD AS,;70 FORM:,
MARANA RESOLUTION NO. 2015 -134
RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH
THE TOWN CLERIC THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2015.021
COMPREHENSIVE REVISIONS TO AND REFORMATTING AND CONSOLIDATION OF
MARANA LAND DEVELOPMENT CODE TITLE I (TITLE, INTENT, AND PURPOSE);
TITLE 2 (ADMINISTRATION); TITLE 3 (DEFINITIONS); TITLE 4 (PLANNING);
SECTION 05.04 (NONCONFORMING STRUCTURES AND LAND USES) AND ALL OF
SECTION 05.05 (R.ELA.TIONSHIPS TO STREETS, OTHER. STRUCTURES, AND OTHER.
PROPERTY) EXCEPT SUBSECTION 05.05.08 (MANUFACTURED HOMES IN ZONE A, B,
& C); TITLE 6 (SUBDIVISIONS); TITLE 7 (LARGE SCALE DEVELOPMENTS); ALL OF
TITLE 8 (GENERAL DEVELOPMENT REGULATIONS) EXCEPT SECTION 08.06
(RESIDENTIAL DESIGN) AND SECTION 08.07 (COMMERCIAL DESIGN STANDARDS);
TITLE 9 (ADMINISTRATION AND ENFORCEMENT); TITLE 10 (PROCEDURES); TITLE
11 (PROHIBITION OF ILLEGAL AND NUISANCE USES); TITLE 12 (CONFLICT OF
INTEREST); TITLE 13 (PENALTY); TITLE 14 (SEVERABILITY); TITLE 15 (REPEAL OF
OTHER ORDINANCES AND EFFECTIVE DATE); TITLE 21 (FLOOD PLAIN AND
EROSION HAZARD MANAGEMENT CODE); AND TITLE 25 (STORMWATER
MANAGEMENT) INTO TITLE 17 (LAND DEVELOPMENT) OF THE MARANA TOWN
CODE
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the comprehensive revisions to and reformatting and consolidation
of Marana Land Development Code Title I (Title, Intent, and Purpose); Title 2 (Administration);
Title 3 (Definitions); Title 4 (Planning); Section 05.04 (Nonconforming Structures and Land Us-
es) and all of Section 05.05 (Relationships to Streets, other Structures, and Other Property) ex-
cept Subsection 05.05.08 (Manufactured Hones in Zone A, B, & C); Title 6 (Subdivisions); Title
7 (Large Scale Developments); all of Title 8 (General Development Regulations) except Section
08.06 (Residential Design) and Section 08.07 (Commercial Design Standards); Title 9 (Admin-
istration and Enforcement); Title 10 (Procedures); Title I I (Prohibition of Illegal and Nuisance
Uses); Title 12 (Conflict of Interest); Title 13 (Penalty); Title 14 (Severability); Title 15 (Repeal
of Other ordinances and Effective Date); Title 21 (Flood Plain and Erosion Hazard Management
Code); and Title 25 (Stormwater Management) into Title 17 (Land Development) of the Marana
Town Code, a copy of which is attached to and incorporated in this resolution as Exhibit A and
three copies of which are on file in the office of the Town Clerk, are hereby declared to be a pub-
lic record and ordered to remain on file with the Town Clerk.
00044218. DOCX /I
Mariana Resolution No, 2015 --134 12/1/2015 11:11 AM F'Ic
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA ARIZONA this 15"' da of December, 2015.
Ma E�-H" ea
SAN
nson, Town Clerlc
-
APPROVE S
VORM:
ranVCassidy Attor
00044218. DOCX /I
Manama Resolution No. 2015-134 -- 2- 12/1/2 1 1 -. I I A M FJ C
TITLE 17. LAND DEVELOPMENT CODE
CHAPTER 171.
TITLE, INTENT, PURPOSE AND DEFINITIONS .................... ..............................1
CHAPTER 17.2.
ADMINISTRATIVE BODIES AND OFFICERS ....................... .............................17
CHAPTER 17 -3.
ADMINISTRATION AND ENFORCEMENT ......................... ............................... 21
CHAPTER 17-4.
[RESERVED: FUTURE LOCATION OF THE ZONING CHAPTER] .................21
CHAP"T"ER 17-5.
SUBDIVISIONS .............................................................................. .............................27
CHAPTER 17-6.
GENERAL DEVELOPMENT REGULATIONS ......................... .............................53
CHAPTER 17 -7.
[RESERVED: FUTURE LOCATION OF THE RESIDENTIAL DESIGN
STANDARDS CHAPTER] ........................................................... ...............................
CHAPTER 17 -8.
[RESERVED: FUTURE LOCATION OF THE COMMERCIAL DESIGN
{�
STANDARDS CHAPTER] ........... 000000.0... ►. ►.... ►00/00...// 000 ............... .0000.....0..4...00.......0..
CHAPTER 17 -9.
[RESERVED: FUTURE LOCATION OF THE OFF- STREET PARKING AND
LOADING CHAPTER] ................................................................. ............................... F8
CHAPTER 17 -10.
[RESERVED: FUTURE LOCATION OF THE SIGNS CHAPTER] ..................... 68
CHAPTER 1711.
[RESERVED: FUTURE LOCATION OF THE ENVIRONMENTAL RESOURCE
CHAPTER] ...................................................................................... ............................... f 8
00029718DOCx/1
CHAPTER 17-12. [RESERVED: FUTURE LOCATION OF THE CULTURAL RESOURCES
CHAPTER] ........................................................................................ .............................68
CHAPTER 17 -13. [RESERVED: FUTURE LOCATION OF THE GRADING CHAPTER] ..............68
CHAPTER 17 -14. [RESERVED: FUTURE'LOCA.TION OF THE HILLSIDE DEVELOPMENT
CHAPTER] ........................................................................................ .............................68
CHAPTER 17 -15. FLOODPLAIN AND EROSION HAZARD MANAGEMENT CODE ...............68
CHAPTER 1716. STORMWATER MANAGEMENT .............. ............................... ............................105
CHAPTER 17 -17. DEVELOPMENT IMPACT FEE ORDINANCE [EXISTING; NO REVISIONS1121
00029718.DOCxIII
TITLE 17. LAND DEVELOPMENT CODE
CHAPTER 17.1. TITLE, INTENT, PURPOSE AND DEFINITIONS
Sections:
17 -1-1 Title ............................................................. ..............................1
17-1-2 Intent and purpose ................................... ..............................1
17 -1-3 Interpretation ............................................ ..............................1
17 --1 -4 Definitions ...............................................:. ..............................2
17 -1 -1 Title
This title shall be known as the Marana land development code.
17 -1 -2 Intent and purpose
The intent and purpose of this title is to promote the health, safety,
order, and general welfare of the present and future Inhabitants of the
town, and specifically to accomplish the following:
A. Encourage and facilitate orderly growth and development within
the town.
S. Secure economy in municipal expenditures and facilitate adequate
provision for transportation, water, sewerage, parks, schools, and
other public requirements.
C. Lessen congestion in the streets, prevent the overcrowding of land,
and provide adequate light and air.
D. Secure safety from fires, floods, traffic hazards, and other dangers.
E. Stabilize and improve property values.
F. Promote the development of a more attractive, wholesome, and
serviceable town.
G. Create conditions favorable to prosperity, civic activities, and
recreational, educational, and cultural opportunities.
17-1-3 Interpretation
In interpreting and applying this title, the provisions of this title shall
be held to be the minimum requirements needed to promote the public
health, safety, order, and general welfare of the present and future
inhabitants of the town. This title is not intended to interfere with or
abrogate or annul any easement, covenant, or other agreement
between parties. However, where this title imposes a greater
restriction than is required by any other provision of law or by any
easement, covenant, or private agreement, the provisions of this title
shall govern.
- - - - -- --- - - - - -- - -- -
NARANA TowN CODE
00029718.DOCX / 1
17.1
Title 17 was inserted into the town code by
Ordinance 2014.011, which also adopted
chapter 17-17 (development impact fee
ordinance). The remaining chapters of Witte
17 were inserted into the town code by
....................................... .................... ........... ............. ............. ......... ......... .................................... ...... ..... .................... . .........................
Ordinance 2015.XXX.
LDC REWRITE 1012812015 DRAFT
17 -1-4 Definitions
A. The following definitions shall be used in this tale, unless a
different meaning is clearly indicated by the context or a more
specific definition:
1. Abutting: Two adjoining properties having a common property
line or boundary.
2. Access: The place, means, or way by which pedestrians and
vehicles shall have safe and usable ingress and egress to a
property.
3. 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.
4. 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.
5. Acre: 43,560 square feet of land area.
6. Apiary: Where bees are kept for their honey, generally
consisting of a number of hives.
7. Articulated: Divided into joints or segments.
S. Aviary: Large cage or building specifically designed for
keeping birds.
9. Berm: An earthen mound designed to provide visual interest,
screen undesirable views, decrease noise, and/or control or
manage surface drainage.
10. Board of adjustment: The town board of adjustment.
11. Buffer: Open spaces, landscaped areas, fences, walls, berms, or
any combination of them, used to physically separate or screen
one use or property from another so as to visually shield or
block noise, lights, buildings, other nuisances, or provide
privacy.
12. Buildable area: The lot area where a building can be placed
after yard setbacks and easements are deducted.
13. 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.
14. 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
MARANA TOWN CODE 17 -2 LDC REWRITE 1012812015 DRAFT
00029718.DOCX /1
apartment house, hotel or dwelling, single or in combination.
Includes the word "structure".
15. Building height: The vertical distance between the finished
floor elevation and the highest point of the building, excluding
chimneys, vents and antennae, provided the finished floor
.....................elevation s....no highear than two feet _above.... any adjacent grade.
within four feet of the building.
16. Building, main: A building within which is conducted the
principal use permitted on the lot.
17. Building mass: The three - dimensional bulk of a building—
height, width, and depth.
18. Building setback: The distance a building must be set back
from a specified point.
19. Building site: The ground area of a building or buildings
together with all adjacent open spaces.
20. Business or commercial: The purchase, sale or other transaction
involving the handling or disposition, other than that included
in the term "Industry" as defined in this section, of any article,
substance or commodity for profit or gain.
21. 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.
22. Character: Those attributes, qualities, and features that make
up and distinguish a development project and give such
project a sense of purpose, function, definition, and uniqueness
23. Child care center: A facility providing compensated
nonresidential care and supervision to more than ten children.
24. 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.
25. Colony: A controlled honey bee brood including a single queen
bee, drones, and workers.
26. Commercial center: A development containing one or more
retail stores, restaurants, hotels, motels, and similar businesses
within a single building or multiple buildings.
27. Common area: An area of common access designed to serve
two or more separate dwelling units which may or may not be
under separate ownership.
28. Condominium.: A form of real estate ownership as defined by
Arizona law.
29. Condominium project: A project that includes a condominium.
MA IAA NA T'owN CODE 17 -3
0002971 s.DOCX /1
A.R.S. § 33 -1202 paragraph 10 provides:
"'Condominiuin' means real estate, portions
of which are designated for separate
ownership and the remainder of which is
designated for common ownership solely by
the owners of the separate portions. Real
estate is not a condominium unless the
individual interests in the common elements
are vested in the unit ozvners."
=a;c
1.
rf
30. County: Pima County, Arizona, or Pinal County, Arizona, as
applicable to the particular geographic area.
31. 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.
32. Cul -de -sac: A local street with only one outlet and having an
appropriate terminal for the safe and convenient reversal of
traffic movement.
33. Dairy farm: Area where dairy animals are kept for milking and
from which a part or all of the milk is sold, offered for sale or
supplied for human consumption, and includes all buildings,
yards and premises occupied or used in connection with the
production of milk.
34. 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.
35. Designated commercial area: A lot in zone A where the only
building or buildings were originally designed and constructed
to accommodate business, commercial, office, industrial, or
warehousing uses and not residential. uses.
36. Developer: Any person, group or entity proposing or
constructing a development.
37. Development code:- The zoning code of the town 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
municipal code.
38. Driveway: A private method of vehicular access contained
fully within a lot.
39. Drought tolerant vegetation: Low water use plants, which after
established, survive within the Sonoran desert climate with
little or no supplemental watering.
40. Duplex: A residential building containing two dwelling units.
41, 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.
42. Dwelling, single family: A building designed for occupancy by
one family as a residence and contains only one kitchen.
MARANA T'owN CODE
00029718. DOCX /1
17 -4
LDC REWRITE 1012812015 DRAFT
43. 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.
44. Easement: A space on a lot or parcel of land defined on a
subdivision map or in a deed restriction, deed of easement, or
separate document,- reserved .......... for and/-_or-- - - used ........... for ...... ..... public .
utilities, ingress and egress, drainage or other special purposes.
45. Enterprise: An individual or organization engaged in a single
type of business, industry, or governmental activity as
classified and defined by the two -digit sector number of the
most recently published north American industry classification
system (NAICS) as established by the United States census
bureau.
46. Enterprise density: A measure of the intensity of the enterprise
on the parcel of property approved for the significant land use
change; for example:
a. The square footage of building space for retail, transient
lodging, or office uses.
b. The number of occupants for occupancy -based enterprises,
such as prisons, group homes, day care, and kennels.
c. The square footage of land area used for an industrial use.
47. Facade: Any side of a building that faces a street or other open
space. The "front facade" is the front or principal face of a
building.
48. Family: one or more individuals occupying a dwelling unit
and living as a single housekeeping unit.
49. Feedlot: Any fenced area used commercially for the express
purpose of fattening livestock for slaughter or sale.
50. 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 subdivision
regulations.
51. 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.
52. Fowl: A bird of a type that is used to produce meat or eggs,
including, but not limited to, chickens, ducks, turkeys, and
peacocks.
53. Frontage: All property fronting on one side of a street between
a street and a right-of-way, or between intersecting or
A
ntercepting 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.
MARANA TowN CODE
0002971 s.DOCX /1
17 -5
LDC .REWRITE 1012812015 DRAFT
54. 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.
55. Gasoline service station: A retail establishment primarily
.......... ..... ....... ................... . ....... ........ .. .. eng aged in selling etroleum-.- . roducts ......but not -includin - _auto .
gp p. � g
-
repair shops, body and fender works, similar repairing and
painting uses, or mechanical or stream wash racks.
56. General plan: The town general plan.
57. Gross floor area: The sum of the areas of all horizontal surfaces
of a building, measured from outside surface to outside
surface.
58. 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 feet of a sidewalk, the grade shall be
measured at the sidewalk at the centerline of the front of the
lot.
59. Guest house: Living quarters for guests, relatives, or servants
on the premises in an accessory building or attached to the
principal residence.
60. Hive: A movable -frame receptacle used for keeping bees which
may consist of one or more frames on a single box stand.
61. Home child care center: Any single residence dwelling in
which child care is regularly provided for compensation for
five or more, but not more than ten, children not related to the
proprietor. The proposed child care center shall meet all
requirements for certification by the state department of health.
62. Home occupation: Any activity carried out for gain by a
resident, conducted as an accessory use in the resident's
dwelling unit.
63. 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.
64. 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.
65. Household pet: Any animal commonly accepted as a
domesticated pet and housed within the primary residential
structure.
66. 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
. .. ....................
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LDC RE WRITE 1012812015 DRAFT
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.
67. Industry: The manufacture, fabrication, processing, reduction
or destruction of an article, substance or commodity, or an
y tY y
other treatment thereof in such a manner as to change. the form,
character, or appearance thereof.
68. Ingress: Access or entry.
69. 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.
70. 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.
71. Kennel: Any enclosure, premises, building, structure, lot or
area where dogs, cats, or other animals are kept, raised, sold,
boarded, bred, shown, treated or groomed for economic gain.
72. 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.
73. 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.
74. Land use: A description of how land is occupied or utilized.
75. Large livestock: Includes cattle, horses, oxen, donkeys, mules,
llamas, and other similar animals.
76. Livestock auction yard: A parcel of land and accompanying
buildings used for the sale by auction of livestock offered on
consignment.
77. 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.
78. Lot: A tract of land bounded on all sides by property lines, of
sufficient size to meet minimum zoning requirements, of use,
,MARANA ToVI N CODE
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LDC REWRITE 1012812015 DRAFT'"
- `:;%: _ :..tip :...:., - =.::• :.: .: a..;.
r.
coverage, area, setbacks, and other areas as required by these
regulations with legal access to a public street.
79. Lot area: The total land area, measured in a horizontal plane,
included within the lot property lines.
80. Lot, corner: A lot located at the intersection of two or more
................ ................ ............... ..................
................ ...............................
s ee .
81. Lot coverage: The area of a site occupied by structures and
storage areas, and areas allocated to vehicular parking,
maneuvering, and service.
82. Lot depth: The horizontal distance between the front and rear
lot lines.
83. Lot frontage: The length of the lot line abutting a street.
84. 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.
85. Lot, interior: A lot other than a corner or key lot.
86. Lot, key: Any lot where the side lot line abuts the rear lot line
of other lots.
87. Lot line: A line of record bounding a lot.
88. 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.
89. Lot line, front: The lot line separating a lot from a street.
90. Lot line, rear:
a. The lot line which is opposite and most distant from the
front lot line.
b. 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.
91. Lot line, side:
a. Any lot line not a front lot line or a rear lot line.
b. A side lot line separating a lot from a street is a street lot
line.
c. A side lot line separating a lot from another lot is an
interior side lot line.
92. Lot width: The mean horizontal width of the lot measured at
right angles to the lot depth.
93. Major street: A street so designated on the adopted Marana
transportation plan.
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0002971 S. DDCX /1
94. Manufactured home: 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
.... ... .... ..................... . .....- ..............- ...- .... ........ -. -. rn .....
.... ............. ............................... .... re . q . u . ire .... ��. . m . util ities. T e term anu .. . .. acture oe y'- . ...... oes not
include a "recreational vehicle."
95. 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.
96. Medical marijuana dispensary: A nonprofit medical marijuana
dispensary duly registered and certified pursuant to A.R.S.
§ 36-2804.
97. Medical marijuana dispensary offsite cultivation location: The
one additional location, if any, duly identified pursuant to
A.R.S. § 36--2806 (E) during the process of registering a
nonprofit medical marijuana dispensary, where marijuana will
be cultivated for sale at a nonprofit medical marijuana
dispensary duly registered and certified pursuant to A.R.S.
§ 36 -2804.
98. Model home: A dwelling unit used initially for display
purposes which typified the type of units that will be
constructed in the subdivision.
99. 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.
100. Multiple family structure: A building, located on one lot,
containing two or more dwelling units. Also known as
multifamily structure.
101. Native vegetation: Plants indigenous to an area.
102. Natural features: Include but are not limited to floodplains and
surface drainage channels, washes, stream corridors and other
bodies of water, steep slopes, prominent ridges, bluffs, or
valleys, and existing trees and vegetation.
103. Nearby land: For purposes of significant land use change
notice and protest requirements applicable in zones A -E, land
lying within (a) one - quarter of a mile of a proposed significant
land use change on a lot containing 2.5 acres or less, (b) one-
half mile of a proposed significant land use change on a lot
containing more than 2.5 acres but less than 25 acres, or (c) one
MARANA TOWN CODE
00029718.DOCX /1
17-9
LDC RE WRITE 1012812015 D RAF"T"'
r 7 v 2•
:'�� ` sue �ti!?��.t. .\ - ..a..�, • •� :� ;)
�sl �..{.5 �. +ir�r�r: %: J::4� ��r,��,i:��,:i \:rS:;;�;' %1 �.��`: ::::.:iii_ . .: "•�'�'::4- :;:;i>>f %.= i:i:ii %c
� �'i!i%:•:'IS �: isi.:::' p si:.i�y�= ^ iii%..` �i. i• �:: �. �: l;l::.'- ..Y.h:�-�- .n...�.
`.''ffi �•' FFjrr: s.i :: ti[. \' ::: is :�\
.. .4., rr�U 4:[c'�yi:e[�c! ;.'n`::.xa.�•.i ..: v; ^ w
mile of a proposed significant land use change on a lot
containing 25 acres or more.
104. 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 land development code, and which existed
. ....................................... ............................... prio to ......... the ......... . effective ...date ........ ... of......... the ......... ..prov .slon........ o. this.......... and....
development code to which it does not conform,
105. Nuisance: Annoying, unpleasant or obnoxious and out of
character with the neighboring area.
106. Nursery:
a. A place where young trees or other plants are raised for
transplanting or for sale.
b. Does not include commercial fertilizer yard or processing
plant.
107. 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.
108, off- street parking: Parking of motor vehicles in a location other
than a street or public way.
109. on -site: of or pertaining to a space within the boundaries of a
subdivision lot or parcel.
110. open space: Any area to be kept in open uses including active
and passive recreational lands, desert, floodways, floodplains,
parks, and greenbelts.
111. orient: To bring in relation to, or adjust to, the surroundings,
situation, or environment; to place with the most important
parts (for example, the primary building entrance and the
designated "'front" of a building) facing in certain directions; or
to set or arrange in a determinate position, as in "to orient a
building."
112. 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.
113. Parking lot: Any area of a site or structure used as a parking
area for more than four motor vehicles.
114. Parking space, standard: A space not less than 20 feet in length
and not less than nine feet in width for the parking of a motor
vehicle, exclusive of driveways and ramps.
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LDC REWRITE 1012812015 DR
115. Permitted use: A land use allowed as a property right within a
zoning category subject only to the requirements listed for that
use.
116. Phase: A portion of a development project scheduled for
construction and occupancy as an entity apart from other
phases of -the development.
117. Planning commission: The town planning commission.
118. Planning director: The town planning director.
119. Plat: A map of a subdivision.
120. Preliminary plat: A preliminary map, including supporting
data, indicating a proposed subdivision design prepared in
accordance with the provisions of the town subdivision
regulations.
121. Premises: A zoned lot, together with the buildings and other
structures located thereon.
122. 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 the town and/or as a route for traffic
between communities or large areas.
123. Primary or principal building: The building or structure on a
commercial development site used to accommodate the
majority of the principal permitted uses ). when there are
multiple buildings on a commercial development site, such as
in a shopping center, the primary or principal building shall be
the one containing the greatest amount of gross floor area.
Buildings sited on pad sites or free - standing kiosk /ATM
machines cannot be "primary" or "principal" buildings.
124. Primary material: Material covering 75% or more of the wall
elevation or the individual material that constitutes the
majority.
125. Principal structure: A structure in which the principal use of
the lot is conducted.
126. Principal use: The primary or predominant use of any lot.
127. 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 may
ultimately assume the responsibility for maintenance and
operation.
128. Quasi- 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
. ....... ...
MARANA To wN CODE
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LDC REWRITE 10/28/2015 DRAFT
but not limited to churches,
social organizations, hospitals,
profit medical centers.
private schools, not-for-profit
welfare organizations, or non-
129. RAC: The permitted number of residences per gross acre
(43,560 square feet of land area).
............................................ ....... 130. Ratite ........Nle bers.......of .. the gto ratitae ....... f ightless birds, .
including emus and ostriches.
131. Recorded plat: A final plat bearing all of the certificates of
approval required by Arizona Revised Statutes, and by the
town subdivision regulations, and recorded by the Pima
County recorder.
132. 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, heating 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.
133. 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 may or may not
be charged for the use of the individual space.
134. 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.
135. Redevelopment: Development on a tract of land with existing
structures where all or most of the existing structures would be
razed and a new structure or structures built.
136. Registered engineer: An engineer properly Licensed and
registered in the state of Arizona.
137. Registered land surveyor: A land surveyor properly licensed
and registered in the state of Arizona.
138. Research laboratory:
a. An administrative, engineering, specific research, design or
experimentation facility.
b. Shall include research on such things as electronic
components, optical equipment, etc.
139. Restaurant: An eating establishment where meals may be
bought and eaten, also allowing the sale of alcoholic beverages.
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LDC REWRITE 1012812015 DRAFT
140. Riding arena/ rodeo grounds, private: An enclosed area used
for the purpose of riding and training horses or other livestock
for private enjoyment.
141. Riding arena/ rodeo grounds, public: An enclosed area used for
the purpose of riding, training, or showing horses or other
............ ........... ............................... .....................livestock, or for the purpose of, competition, involving... those ..
animals.
142. 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.
143. Rodent: Any member of the order rodentia, such as, but not
limited to: mice, rabbits, and hares.
144. Roof: The outside top covering of a building.
145. 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.
146. Screen: A barrier that functions to shield, protect or conceal..
147. Setback: A distance from a set point.
148. Significant land use change: Any change in land use in zones
A -E that will: (1) more than double the number of residential
units 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 business, industrial,
or quasi - public use of the land (including agriculture use) to
any use that would fall in a different two -digit sector number
of the most recently published north American industry
classification system (NAILS) as established by the United
States census bureau; or (4) be reasonably expected to equal or
exceed the capacity or structural integrity of nearby streets or
other public facilities.
149. 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
..........
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17 -13
LDC REWRITE 1012812015 DRAFT
construction, roof, or other similar improvement. Elements like
trusses, beams, and patio walls are not included.
150. 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.
151 Sign; Includes all outdoor advertising on fty . 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.
152. 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.
153. Small livestock: Includes sheep, goats, miniature horses and
other similar animals.
154. 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 council, and which may
supersede these land use regulations as they might otherwise
apply to the specified property.
155. Stables, public: Structures where animals are kept for sale or
hire; breeding, boarding, and or training.
156. Stables, private: Structures where animals are kept for private
use.
157. Standards: Mandatory regulations. Standards are indicated by
use of the terms "shall" and "must."
158. Stockyard: A penned enclosure, or structure, where small or
large livestock are maintained temporarily for the purpose of
slaughtering, marketing or shipping.
159. 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.
160. Street: Any existing or proposed street, avenue, boulevard,
road, land, parkway, place, bridge, viaduct or easement for
MARANA TowN CODE 17-14
00029718. DOCX /1
LDC REWRITE 1012812015 DRAFT
public vehicular access or a street shown in a plat approved
pursuant to town, county, state of Arizona or other
governmental unit regulations, or a street on a plat which has
been approved by a unit of government and duly filed and
recorded in the office of the county recorder. 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.
161. Street, arterial: A street that serves or is intended to serve as a
major way by which traffic may be conveyed between the town
and other communities as well as between major population or
activity concentrations within the town. Arterial streets are
designated in the transportation plan element of the town
general plan, and are generally one -mile apart on section lines.
162. Street center line: The centerline or monument line of a street or
road right-of-way as established by an official survey.
163. Street, collector: A street that 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.
164. 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.
165. Street right-of-way width: The distance between property lines
measured at right angles to the center line of the street.
166. Structure: Anything constructed or built, any edifice or
building of any bind, or any piece of work artificially built up
or composed or put together in some definite manner, which
requires location on the A.R.S. § 9 -463, paragraph 9 provides: 'Subdivider' means a person, firrn, corporation,
ground Includes any part of partnership, association, syndicate, trusi or other legal en ti hj that files application and
the structure. initiates proceedings for the subdivision f land in accordance with the provisions of this
article, any local applicable ordinance a d other state statute, except that an individual
167 Subdivider Has the same serving as agent for such legal entihj is n of a subdivider."
meaning as in the definition -- _
of `subdivider" under A.R.S. § 9- 463.02 (A) provides: "'Subdivision' means improved or unimproved rand or lands
Arizona law divided for the pu rpose of financing, sale or lease, whether immediate or fu to re, in to fou r or
more lots, tracts or parcels of land, or, if a new street is involved, any such property which is
168. Subdivision: A division of divided into two or more lots, tracts, or parcels of land, or any such property, the boundaries
land that meets the of which have been fixed by a recorded plat, which is divided into more than two parts.
def inition of "subdivision" `Subdivision' also includes any condominium, cooperative, community j apartment, townhouse
or similar project containing four or more parcels, in which an undivided interest in the land
under Arizona law is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such
169. Subdivision desig Street p rojects treed not show the buildings or the manner in which the buildings or airspace above
� the property shown on the plat are to be divided. A.R.S. § 9463.02 {C} provides:
alignment, grades and "'Subdivision' does not intrude the following: 1. The sale or exchange of parcels of land to or
widths, alignment and between adjoining property owners if such sale or exchange does not create additional lots.
widths of easements and 2 The partitioning of land in accordance with other statutes of the State of Arizona regulating
rig for drainag the partitioning of land field in common ownership. 3. The leasing of a of ces,
g e stores or similar space within a building or trailer park, not to mineral, oil or gas leases.
and sanitary sewers and the
MARANA TOWN CO DE 17 -15 LDC REWRITE 1012812015 DR AFT
00029718. DoCX /1
arrangement and orientation of lots as set forth in the town
subdivision regulations or design manuals, or both.
170. Subdivision improvements: Infrastructure and improvements
required to be constructed or installed as a condition of
subdivision approval pursuant to the town subdivision
.......................... ... ............................ regulations or state law, including . but not. limited . to grading,....
sewer and water utilities, streets, easements, and traffic control
devices.
171. Swine: Any hoofed animal of the porcine species, such as a pig.
172. Temporary use: Any use allowed for a specified period of time.
A use not of a permanent nature.
173. Townhouse: A single - family dwelling, attached, in which each
unit has its own separate front entrance, and no unit is located
over another unit.
174. Transportation corridor: Land 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.
175. 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.
176. Utilities: Services such as natural gas, electricity, water,
telephone, and cable television.
177. Variance: An exception to the provisions of these regulations.
178. Veterinary clinic or animal hospital, large: Any establishment
maintained and operated by a licensed veterinarian for the
diagnosis and treatment of diseases and injuries of animals
including large and small livestock.
179. Veterinary clinic or animal hospital, small: Any establishment
maintained and operated by a licensed veterinarian for the
diagnosis and treatment of diseases and injuries of animals
including domestic pets.
180. Vicinity plan: A map showing the relationship of a project or
lot to adjacent streets, lots, and structures.
181. wall: An upright opaque structure of wood, stone, brick, etc.,
serving to enclose, divide, support, protect, or screen.
182. 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.
B. The definitions set forth in this section supplement the definitions
set forth in chapter 1 -3 of this code.
,NARANA TOWN CODE
00029718. DOCX / 1
17 -16
LDC REWRITE 1012812015 DRAFT
_ r F• i;y�:e: •. �,: L .i•. = �•r.r ":. >;;.;: irk:: -'\ � r ;:e3::c
:i r�: tifia ;:o:•ti: < "t. rr. _'r -oin :... - .C';...cr;c[.; .,... ,.- v�v,v,..,ti... .t•..�
r _ }r •'�.f.3V9 1., .���,�.. ..',C.r. `:.ter... -. r..2r ,.r \.
�rri7r:.wcg:+: ,���.: •.. te a[:. . � . :- <1r':„�.. �.• +^ -:��:.
;;•rSjiY•r•c» + s ': �..` -2' - ?i :. '24?i. =titi . ire %Lity`�':ti-��F:�•f••:; \: \ :4 ~�;•...titi�c�.a .n:i,�ra•`it.
C. Additional definitions that apply to specific chapters of this title
may be found in the applicable chapter.
CHAPTER 17 -2. ADMINISTRATIVE BODIES AND OFFICERS
Sections.
17 -2 -1 Planning commission ............................. ..............................1
17 -2--2 Board of adjustment ................................ .............................17
17 -2 -3 Planning director ..................................... .............................18
17 -2 -4 Cultural resources preservation board . .............................18
17 -2-1 Planning commission
A. Establishment and c omp osi tion. The tannin commission consists
p
A.R.S. § 9- 461.02 au thorizes the creation of a
planning commission, and provides for local
of seven members appointed by the council from among the
ordinance to address the organization,
residents of the town
number of members, terms of office, method
of appointment and removal of members.
B. Organization. The planning commission shall consist of a
chairperson, a vice - chairperson, and five other members. The
planning commission shall adopt rules for its own organization
and for the transaction of its business. The rules shall not conflict
with other sections of this code or other ordinances of the town or
with the laws of the state of Arizona.
A.R.S. § 9- 461.06 (E) and (F) describe the
planning commission's role in the adoption
C. Duties and powers
and amendment of the gene pla A.R.S.
1. imp osed Obligations im d b law. The p lanning commission shall
g p Y P ann g
§ 9 461.09 requires the planning commission
to bold at least one h earin g on a specific pla
undertake all tasks necessary to comply with state laws.
a A.R. § 9- 461 .12 authorizes the
2. Reports and recommendations. The pl anni ng commission may
p P g comm y
planning co mmission to hold joint meeting
with other planning commissions upon
make reports and recommendations relatin to the planning
approval of the council. A.R.S.
and de of the town to the council and to other
§ 9-462.04 (A) requires the planning
o and residents of the town. The planning
g
commission to hold a public hearing on any
commission may recommend programs for the construction or
zonin ordinance.
financing of public improvements to executive or legislative
officials of the town.
3. Other tasks assigned by the council. The planning commission
shall undertake all other tasks assigned by the council.
17 -2 -2 Boar of adjustment
A.R.S. § 9-- 462.06 requires the town to
establish a board of adjustment and
A. Establishment; purpose. There is hereby established a board of
prescribes its duties.
adjustment for the town,
B. Appointment; vacancies; term. The board of adjustment shall
consist of seven members, who shall serve at the pleasure of the
council, each of whom shall be a resident of the town. Members
shall serve staggered terms, with four members, initially serving a
term of two years, and three members initially serving a term of
four years. Thereafter, each member of the board shall be
appointed to serve a term of four years. Vacancies on the board of
adjustment shall be filled by a majority vote of the council to fill
the remaining term of office.
LDC RE WRITE 1012812015 D RAFT
.MARANA TowN CODE 17
00029718, DOCx / 1
C. Officers; public meeting and minutes; bylaws; quorum; procedure.
1. Immediately upon formation and every two years thereafter,
following the seating of new board members, the board of
adjustment shall elect a chair person with the power to
administer oaths and take evidence.
......................... 2 The . m eetings o f the board' f adjustment shall be -s' u '
requirements of the Arizona open meeting laws. The minutes
of the board's proceedings shall show the vote of each member.
Records of the board's examinations and other official actions
shall be filed with the secretary to the board of adjustment as a
public record.
3. The board of adjustment shall follow and adhere to any rules of
procedure established for the board by the council.
4. The board of adjustment shall adopt all rules and procedures
necessary or convenient for the conduct of its business,
consistent with applicable law and any rules of procedure
established for the board by the council.
D. Powers and duties.
1. Variances. The board of adjustment shall hear and decide
appeals for variances, as provided by state law.
2. Interpretations. The board of adjustment shall hear and decide
appeals from zoning decisions of the planning director, as
provided by state law.
3. other matters. The board shall consider any other matter
referred by the council.
E. Compensation. The members of the board of adjustment shall
serve without compensation; however, members may be
reimbursed for actual expenses incurred in conjunction with their
duties and authorized and approved by the council.
17 -2 -3 Planning director
The planning director shall be primarily responsible for the
administration of this title, under the direction of the town manager.
The planning director is the "zoning administrator" for purposes of
title 9, article 6.1, A.R.S. (A.R.S. § 9 -462 et seq.)
17 -2-4 Cultural resources preservation board
A. Function. The cultural resources preservation board is established
as an advisory board to the council. As such, its function is to hear
and consider matters of legislative nature, of policy and of other
cultural resource preservation functions as necessary.
B. Establishment and composition
1. The council hereby creates a cultural resources preservation
board to consist of five voting members. The five regular
members of the cultural resources preservation board shall be
.................... ................. ...............................
MARAZI]A TOWN C ODE
0002971 s. DOCx /1
17 -18
The Arizona op en �nnneetnnz laws o
are nnnd at
p g f
A.R.S. §§ 35.431 through -- 431.09, and
provide for the posting of agendas, keeping of
nininutes, and other requirennnents designed to
assure that nneetings are conducted openly
A.R.S. § 9- 462.06 (G) and (H) establish and
restrict the powers and duties of the board of
adju s tmen t.
A.R.S. § 9- 462.05 (C) requires the council to
establish the office of zoning administrator,
who is responsible for enforcement of the
zoning ordinance. A.R.S. § 9 -462 (A)(4),
defines the "zoning administrator" as the
official responsible for enforcement of the
zoning ordinance. In Marana, the planning
director is the zoning administrator.
.ADC RE WRITE 101281201 DRAFT
:'tip i:i �,'�.ti.: ;ti.,:� n.�.Sk't; ?';�'% 5:,-:. �" l L \:. :�• R •S ti..��
:•r4 \:' `i.¢�i�1� - . •.Ct i� ��C ' %» i,�'�,i .:� !mil �=y1 r,�• \ \�.: -'•L1 �.., tii. � \,ti \
va
..]: \i Dui; `•�:.:f.::':4 ?r :;[:$ �, \'.: r::` ., ti..- .:a]..��..i ..[�_
appointed by the mayor, with the consent of the council. The
members shall be selected without regard to political affiliation
and shall serve without compensation, except for the
reimbursement of actual (necessary and reasonable) expenses
incurred in accomplishing the purposes of the board, provided
such expenses have been approved in accordance with the .. .. .................................... ".." .................. 11.11.1'.11-11 .............. . ....................................-........................................................-.......-...-....-....................-.................................................-.........-.--....................-....-...... ...- ........................... ...
town financial procedures ordinance, .
2. Terms of office, filling of vacancies and removal. The board
members shall be appointed for six -year terms, except that the
original members shall be appointed for staggered terms: two
for three years and three for six years. Vacancies occurring
otherwise than through the expiration of terms shall be filled
by appointment by the mayor with the consent of the council.
Regular members of the board may be removed from office
without cause, by a majority vote of the entire membership of
the council.
C. organization. The cultural resources preservation board shall be
comprised of five members, to be appointed by the mayor and
approved by the council. Each member must have a demonstrated
interest, experience or knowledge in one of the following: history,
architecture, planning, archaeology, historic archaeology, real
estate, historic preservation, law or a related field; three of the
members shall possess professional qualifications in one of the
following fields: archaeology, architecture, preservation planning,
or history. A majority membership of the five members shall be
residents of the town. one member of the planning commission
shall be appointed to ensure the continued coordination between
the two groups. If no one can be found to serve on the board who
both possesses the required professional qualifications and resides
within the town, a person possessing the required professional
qualifications may be appointed upon approval by the council. Its
membership shall consist of a chairperson, a vice - chairperson, and
three voting members. The board shall adopt rules for its own
organization and for the transaction of its business, but such rules
shall not be in conflict with other sections of this code or other
ordinances of the town or with the laws of the state of Arizona.
D. Meetings. Meetings of the cultural resources preservation board
shall be quarterly and at such other times as may be necessary to
conduct its business in a timely fashion. All meetings shall be open
to the public and the board shall cause an agenda to be made
public not less than five calendar days prior to its meeting.
E. Quorum and voting. Three members of the cultural resources
preservation board shall constitute a quorum. The concurring vote
of the three convening members is necessary to approve any
matter before the board.
F. Records. The cultural resources preservation board shall maintain
a public record of its hearings, decisions and findings.
MARANA TOWN CODE
00029718. Docx /
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LDC REWRITE 1012812075 D RAFT
G. Rules of procedure. The cultural resources preservation board may
adopt rules of procedure to carry out its functions. Copies of such
rules will be filed with the town clerk and made available through
the planning director.
H. Duties. The board is charged with developing a comprehensive
. ...... .......... ....... I ................................................. .. cultural_ resources. preservation, - pro - gram - - and undertaking ........ any. .
actions necessary to assure compliance with certified local
government requirements. Duties of the board include, but may
not be limited to, the following:
1. Legislative. Reviewing proposed alterations to historic and
archaeological resources through the certificate of
appropriateness process;
2. Advisory.
a. Establishing a process for identifying Marana's historic,
archaeological and cultural resources;
b. Developing recommendations to provide a variety of
support and incentives, including funding concepts, to
enhance and maintain significant historic and
archaeological resources;
c. Identifying cultural resources historic significance in the
town, and developing, maintaining, and from time to time
amending plans for the preservation of those resources;
d. Establishing and maintaining the Marana historic register;
e. Inventorying historic properties and recommending to the
council designation for historic property districts;
f. Establishing guidelines for evaluation of historic and
archaeological resources;
g. Coordinating resources and providing technical assistance;
h. Developing criteria and review procedures;
3. General.
a. Providing public information and education on
preservation;
b. Conferring with other city, county, regional, state and
national historic preservation boards and commissions;
c. Developing partnerships with groups such as the Arizona
historical society and the state historic preservation office;
d. Reporting its progress to the council.
MARANA TOWN CODE
00029718. DOCX /1
17-20
LDC REWRITE 1012812015 DRAFT
CHAPTER 17 -3. ADMINISTRATION AND ENFORCEMENT
Sections:
17 -3 -1
Amendment procedure ........................... .............................21
17 -3 -2
Conditional use permits ......................... .............................22
17 -3 -3
Temporary use permit ............................ .............................26
.... ". " ................ ........ ...� "/ - 3- 4... ...............................
Compliance code
17 -3 -5
.............................. .... ..........
Responsibility for violation ... ..
17-3-6
Responsibility for enforcement .............. .............................27
17 -3-1 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 director an application
designating the change desired and the reasons therefor, and shall
pay a filing fee as established by the council. The filing fee shall not
be returned to the petitioner requesting the amendment. Any
member of the planning commission or the council, acting in an
official capacity, or the planning director, the town building
official, the town attorney, or the town engineer 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
director. 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 planning commission and the council to evaluate the
request. This plan shall become part of the record of the case,
and f 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
conslderations.
5. In addition, the planning director, or the planning commission,
may request other information that will be helpful to the
MARANA 'I owN CODE
0002971 S.DOCX / 1
17 -21
LDC RE -W RITE 1412812015 DR AFT
planning commission and the council in their evaluation of the
request.
17 -3 -2 Conditional use permits
A. Purpose. The town recognizes certain uses which may be
appropriate in a s ecific zonin district but which ama have
............................................................................................................................................................................................................................ ............................._. _....................._................................................................ ............................... _........................... "'.1-11 1.." ".., -..,.,.. 1., 1.11, 1 .............. . . ........... .......... ....... . .... .
p g y
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 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. The planning
commission's review 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 director
on an application form with the required documentation specified
on guidelines provided by the planning director 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 in the manner provided in A.R.S. § 9- 462.04 (AA ) .
D. Findings. A conditional use permit may be granted only after a
determination by the planning 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;
MARANA T'owN CODE 17 -22 LDC RE -WRITE 1012812015 DRAFT
0002971 S.DOCX /1
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 uses and. .
programs specified in the general plan and applicable specific
plan, if any;
b. 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 planning commission
may grant, grant with conditions, or deny the application. The
planning 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.
MARANA TowN CODE
00029718. DOCX / 1
1.7-23
LDC RE -WRITE 1412812015 DRAFT
.
::s:'- "tti3:= z.,fn.<;:.:.;. r .: � 4::4`.. -rY-: r -,. '• <_.`. - r.;= ? "i.
;:•i.
F. Effective date of the conditional use permit. The decision of the
planning commission shall be final and effective 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
council by the applicant, any member of the council, the town . . . ... .... . ... ... . . ...... .. .. ... ..... .......
manager or any property owner within 300 feet of the property
subject to the request. Such requests for appeal must be filed on
an application form provided by the planning director, with
the appropriate fee, within the 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
council for legal public notice, at least 15 days prior to the
hearing.
3. The council shall act to affirm, or reverse, in whole or in part,
or modify the planning commission's decision including
adding to or deleting the conditions attached to the approval
by the planning commission. Any action to grant a conditional
use permit, either by affirmation, modification, or reversal of
the planning 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.
I. Exercise and use. A permit automatically expires if the use is not
established within six months of its grant or within the time
otherwise specified in the permit, whichever is greater. For a use
requiring a building permit, the use is established when a building
permit is issued or a development plan is approved for the use. If
the use does not require a building permit, the use is established
when the planning director finds clear and visible evidence of the
use's establishment.
J. Extension of initial period for use. Upon a showing of good cause,
the planning director 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 established under a
conditional use permit 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 director
MA RANA TowN COD 1 7 -24 LD C RE -WR ITE 1012812015 DRAFT"
00029718.DQCx /1
'tiff : � w:��.:�.. ;; };�%
:g v `C4z :a \�.�, til,.a -. .4�3- �:.i:z� %fir,.; :t::�a�iW ;�:i:.y;:'. -•:�s; ':�..
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;�� � : :`: \ti �..��tiw :ti �ha 4.• • '• ?:'• %�.• "-� Y�4 {;...:'�:- ;`.•r.` -': t ti'•
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...- ?���f_. \ \S..i i4•: tip',. -.5 -. .1':r
may grant another extension not to exceed a total of six additional
months.
L. 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
......................... . ................... c s for revocation of th e p ermi t....................................................................................................................................................-............................................................................................................................................................................
au e
..............................
................ .. .. .
M. Grounds for revocation. The planning commission may revoke a
permit on any of the fallowing grounds:
1. Violation of a zoning regulation of the town.
2. Violation of a term, limitation or condition of the conditional
use permit.
3. Causing or allowing a nuisance in connection with the
premises.
4. Conviction of a violation of federal or state law or town
ordinance in connection with the operation of the permitted
use.
N. Termination upon change of use. A conditional permit for an
established use terminates upon the establishment of a new use.
U. 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.
P. Conditional uses upon annexation
1. Purpose. The uses and densities permitted under county
zoning and in county zoning districts do not directly correlate
to the uses and densities permitted in the most closely
comparable town of Marana zoning classifications. Upon
annexation, this paragraph P is intended to authorize the
council to conditionally permit uses and densities permitted by
the county immediately before annexation upon translation of
county zoning to the most closely comparable town of Marana
zoning classification.
2. Applicability. The special procedures and authority set forth in
this paragraph P apply only to the translation of county zoning
to town of Marana zoning upon annexation of property.
3. Procedure. Except as specifically set forth below, paragraphs A
through G, I through K, and 0 of this section 17 -3-2 shall not
apply to conditional uses authorized upon annexation
pursuant to this paragraph P. Conditional uses granted upon
annexation shall be included in the ordinance adapted by
council translating county zoning upon annexation.
4. Findings. In determining whether to grant conditional uses
upon annexation pursuant to this paragraph P, the council
LDC R -W RITE 1012812015 D RAFT
MARANA T'owN CODE 17 -25
00029718. DOCX /1
shall consider the factors set forth in paragraph. D of this
section.
5. Conditions. Conditional uses permitted by the council upon
annexation may include conditions the council deems
necessary to mitigate potential impacts and insure
............................... ............................... compatibility.. of ...... the . use ....... with surrounding .. - ..development...... an, d ..
the town as a whole, including without limitation those
conditions set forth in paragraph E of this section.
6. Effect. Paragraphs H (modification of conditional use permits),
L (revocation), M (grounds for revocation), and N (status of
conditional use permit) shall apply to conditional uses
permitted by the council upon annexation pursuant to this
paragraph P.
17 -3 -3 Temporary use permit
A. Temporary uses or structures not otherwise permitted by code
provisions may be permitted provided:
1. That the need for the temporary use or structure has arisen
from circumstances constituting a substantial hardship,
including but not limited to a natural disaster, fire or
governmental action, or construction or development of a
permanent structure.
2. That the setback structure will not violate any applicable yard
setbacks.
3. That any temporary use permitted must be capable of being
removed within 15 days' notice if the temporary permit is
revoked.
4. That the temporary use shall not be granted for more than nine
months except that up to an additional one -year period may be
granted for good cause shown.
5. That a mutual consent agreement between the town and the
applicant be signed and guaranteed by cash or a bond
acceptable to the town attorney in an amount set by the council
to guarantee termination of the temporary use and
performance of the provisions of the mutual consent
agreement.
S. The council may approve an application with such conditions,
modifications and restrictions as the council finds necessary to
make the temporary use more compatible with the surrounding
neighbors and to carry out the plans and policies of the town.
17-34 Compliance with code
Permits shall not be granted for the construction or substantial
modification of any building or structure or for the moving of a
building or structure onto a lot or for the change in use of any land,
building, or structure if such construction, moving, modification, or
MARANA TOWN CODE
00029718. DOCx / 1
17-26
,ADC RE -WRITE 1012812015 DRAFT
change in use would be a violation of any of the provisions of this
code, nor shall any sewer or water service line or electric or gas
utilities be installed to service the premises if such use would be a
violation of this code. Any license or permit issued by any official or
employee of the town which would not be in conformance with the
provisions of this code shall be null and void. Any use, arrangement,
..................... ..................................................................................................................................................................................................................................................................................................................................................................................... ...............................
or construction that is not in conformance with plans, specifications, or
other documents approved under the terms of this code shall be
deemed a violation of this code.
17 -3 -5 Responsibility for violation
It shall be the responsibility of the owner of the land and any and all
builders, contractors, subcontractors, real estate agents, and any other
person having appropriate decision - making authority in the
establishment of any use of land or the erection, modification, or
relocation of any building or structure or other use of the land to mare
sure that a proper permit has been obtained before work is begun. Any
person doing any work on a project for which a proper permit has not
been obtained shall be deemed in violation of this ordinance.
17-3-6 Responsibility for enforcement
A. The planning director shall be responsible for the enforcement of
zoning ordinances codified in this land development code, with
the assistance of the town attorney.
B. The town engineer shall be responsible for the enforcement of
subdivision and floodplain regulations codified 'n this land
development code, with the assistance of the town attorney.
CHAPTER 174. [RESERVED: FUTURE LOCATION OF THE
ZONING CHAPTER]
CHAPTER 17 -5. SUBDIVISIONS
Sections:
17 --5 -1
Purpose and intent ................................ ...............................
27
17 -5-2
Procedure .................................................. .............................28
17 -5 -3
Subdivision requirements ...................... .............................38
17-5 -4
Design standards ..................................... .............................43
17 --5 -5
Performance guarantee ........................... .............................45
17 -5 -6
Minor land division ................................. .............................47
17-5 -7
Modifications to requirements of chapter .........................
52
17 --5 -8
Violations and penalties ......................... .............................53
17 -5 -1 Purpose and intent
The purpose of this chapter is to provide for the orderly growth and
harmonious development of the town in accordance with the general
plan and other adopted plans and ordinances; to create high quality
neighborhoods and ensure adequate traffic circulation through
coordinated street systems, transit, bicycle and pedestrian systems
A4ARANA TowN CODE 17 -27
00029718. DOCX /1
LDC RE -WRITE 1012812015 DRAFT
with relation to major thoroughfares, adjoining subdivisions, and
public facilities; to achieve individual property lots of reasonable
utility and livability; to secure adequate provisions for water supply,
drainage, sanitary sewerage, and other health requirements; to ensure
consideration of adequate sites for schools, recreation areas, and other
public facilities; to promote the conveyance of land by accurate legal
description an- d plat; and to provide logical procedures for the
achievement of this purpose.
17 -5 -2 Procedure
A. overview.
1. The preparation., submittal, review and approval of all
subdivisions located within the town limits proceed through
the following progressive steps, except when otherwise
provided by approval of the town:
a. Pre - application conference with the town.
b. Preliminary plat submittal, review, and approval.
c. The submittal and approval of engineering plans for the
required subdivision improvements.
d. Final plat submittal, review, and approval only after the
preliminary plat is approved by the council..
e. Recordation of the approved final plat with the county
recorder.
2. The following subdivision acts shall not be deemed a
subdivision within the context of sections 17 -5 -2 and 17 -5 -3,
and shall, therefore, be processed in accordance with section
17 -5 -6:
a. Land splits.
b. Minor land divisions.
B. Pre - application conference
1. The pre - application conference for subdivision review is an
investigatory information exchange period prior to the
preparation and formal submittal of a preliminary plat
application by the subdivider. Pre - application review shall
proceed in the manner set forth in this section.
2. At least seven days before the pre - application meeting, the
subdivider shall request a pre - application meeting with the
planning department and shall submit at least five copies of the
general concept of the proposal, which shall include:
a. Sketch plans at no larger scale than one inch equals 100 feet;
b. Narrative ideas regarding land use, street and lot
arrangement, lot sizes and dimensions;
MARANA TOWN CODE 17 -28 LDC RE-WRITE 1012812015 DRAFT
00029718.DOCx /i
c. Tentative proposals regarding water supply, sewage
disposal, grading and drainage, stormwater retention, and
street improvements;
d. The site resource inventory (section 17- 11-3); and
e. A vicinity plan, showing streets and utilities in the
.... ........... .................................. ......... ......... .......................... .. ............................. ........-.......... ............................... ............ ............................... .................... ................. . 1.............. .......... ... ......-........ .......... - ..................... ............................ i .- ...... ............... ................................................................................................-................................................................................................... ...............................
surrounding area within at least one - quarter mile o e
proposed subdivision.
3. Planning staff shall advise the subdivider of:
a. Specific town objectives, standards, and regulations related
to the subject property;
b. The subdivision design expectations; details and
suggestions regarding subdivision platting procedures and
requirements;
c. Citizen participation requirements; and
d. Related issues.
4. If appropriate, planning staff may request the subdivider to
revise the initial proposal and present the revised proposal to
the planning department for additional review.
5. Following the pre - application conference with the planning
department, the subdivider may prepare a preliminary plat
containing the information and data required for preliminary
plats specified in subsection 17-5-2 C below.
C. Preliminary plat
1. Preliminary plat submittal: The subdivider shall submit the
following materials to the planning department
a. Twelve copies of the preliminary plat reproduced in the
form of blue or black line prints on a white background.
Plan sheets shall not exceed 24 inches by 36 inches in
overall size.
b. A completed application and supplemental forms. If the
subdivider is not the current land owner of all of the subject
real property, a signed and notarized statement shall also
be filed attesting that the owner grants to the subdivider
authority to represent the owner in this matter.
c. A nonrefundable preliminary plat filing fee to compensate
the Town for the costs of examining and processing the
subdivision plat and subsequent field investigations. The
required fee for subdivision plats shall be approved by
resolution of the council. The fees shall cover the cost of the
filing of one amended or revised preliminary plat handled
as the same case. If preliminary plat approval expires prior
to application for final plat approval, the plat shall be
resubmitted for preliminary approval as a new case, and
the subdivider shall pay the required fee.
MARANA T owN CODE 17-29 LDC RE -WRITE 1012812015 DRAFT
00029718. DOCX / 1
:[^Z- yrfY4�ryf. "• :'c.: jTi. - i�fay >r _ :i:..
it �.•Nf`F.
�,' /.. i�C ••.•'J .s.r....r�r i.:i[.rti �.C% +x= ::i%�tiL �_��:�r [` :'L'! ;'- "'l.:' %1� %' ?� �J. - !�. .[..
...Sii���. i �i�;:;• ii.\: 1:` �i�»�`.i \[ .`. ._.4-:. %::�: x -?r: :.•��' n�rl�`� ,'• "•1•i: is _, r.��: ?i::��..
d. Twenty -eight copies of 11 inch by 17 inch reductions of the
preliminary plat.
e. Three copies of a preliminary grading plan.
f. All submittals shall be reviewed by the development
coordinator for completeness and assigned a project
.. ............................
........................................................................ ............................... ...
number. If incomplete as to the requirements set forth In
this chapter, the submittal will be rejected and returned to
the subdivider for completion and submittal.
g. The development coordinator will send copies of the
preliminary plat to applicable town staff members for
review and comment. In addition the development
coordinator will send copies of the preliminary plat to
applicable reviewing agencies, including utilities, cable
television companies, school districts, county offices, state
and federal offices, and any adjacent municipalities.
Written recommendations from the review agencies shall
be transmitted to the development coordinator.
2. Preliminary plat approval
a. An applicant shall submit all of the documents,
information, data, and other requirements for preliminary
plat approval to the planning department, and shall furnish
all information and materials required to satisfy the
requirements of this chapter.
b. An applicant shall also submit a plan showing proposed
conceptual landscape and streetscape proposals. The
conceptual streetscape and landscape plans shall be for
open spaces, entryways and streets, and shall note the
requirement to obtain a license agreement if any materials
are installed in the public right-of-way.
c. In addition to the requirements of the preceding
subsections, the applicant shall provide to the planning
department any additional information, documents, or
other material relevant to the application that planning staff
reasonably believes is necessary for the planning
commission to evaluate, analyze, and understand the
subject matter of the application.
d. An application for preliminary plat approval shall not be
deemed to have been filed or properly submitted until
payment of all fees and compliance with all of the above
listed requirements. Compliance shall be determined by the
planning director.
e. A preliminary plat application may be denied if the town
determines that all or part of the subject property has
adverse topography, periodic inundation, adverse soils,
subsidence of the earth's surface, high water table, lack of
MA RA NA TowN C ODE
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17 -3D
See A.R.S. § 9 463.01(C)(4)
LDC RE -WRIT 1412812015 DR AFT
water, or other natural or manmade hazards to life or
property.
f. The town may approve a preliminary plat for land with
adverse topography, periodic inundation, adverse soils,
subsidence of the earth's surface, high water table, lack of
..............water., or other, natural __ or . manmade hazards,. lo., life. .. or...
property subject to special requirements relating to lot size,
special grading and drainage requirements, or other
conditions the town deems reasonable and necessary for
the public health, safety or general welfare.
g. The procedure for approval, amendment, or denial of
preliminary plat applications shall be as follows:
1. The planning commission shall recommend to the
council that a preliminary plat be conditionally
approved or denied no more than 45 days after initial
consideration. The planning commission shall
recommend that a preliminary plat be conditionally
approved or denied after reviewing the application and
conducting a public meeting. In cases of conditional
approval, the specific conditions shall be included by
reference in the minutes of the planning commission
meeting. If the preliminary plat is denied, the planning
commission shall cite specific reasons for doing so. This
will not be construed, however, to preclude the
planning commission from rejecting plans for other or
additional reasons. If the preliminary plat is denied, the
subdivider may resubmit revised preliminary plats
until approval is obtained from the planning
commission or may move forward to the council with a
recommendation of denial. If the council upholds the
planning commission's rejection, then the subdivider
must file a new application for the preliminary plat for
that specific subdivision.
ii. Within 60 days, the council shall review the planning
commission's recommendation and hold its own public
meeting hearing regarding the preliminary plat. The
council may uphold, deny or modify the planning
commission action. Decisions of the council shall be
final.
iii. Upon approval of a preliminary plat, by the council, the
applicant shall provide copies of the plat on mylars,
signed by all applicable agencies within 45 days. If, not
submitted, such approval shall be deemed to have
expired.
iv. The approved preliminary plat shall be submitted to the
town engineer and the public utilities that will serve the
subdivision for their review and the preparation of cost
-- ....... ............ .
MARANA TowN CODE
0002971$, DOCX / 1
17-31
LDC RE-WRITE 1412812015 DRAFT
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, � . €tip -.- : �: = rc,;::...::_.•; ;':_: +;•.::: �.::.;.. �..c:... , .�;�.
�t44 �C'',L %c .tid. c: �ti;. �: �: �<'- :'.<-r•.� +-':',ti•>..r._t�.'.:i .i .•- ,.. }- `• -...: �. ,:• �,.0 -'3,
�'. ?;�ti�." „k���: •• �...r5 ;��.+ ril.• \� :��ti ���t'= r:t i•::'.':;r� %S'+r v:1:'
:� ".4 +1\ vim• ���.!:%�tir`T^���'`� .= �w,?/�,1:�.
ma : •. y JtC� . 3?[i:::��]i���:rry�� {�:i: � +��ii ��ti.1
c:. �;.`;;:��i�: F✓.ti >..:: r� .s ^ C: ,: -�.:. � ,•.t: �:�:.��_.titi•;i•ti:; i ?:. : e5•: =?�: :•..:{ %c?.E
estimates for the improvements required under section
17 --5-3 of this code. The town engineer shall review the
preliminary plat for consistency with accepted
engineering standards and the requirements of this
code, and shall prepare an estimate of the cost of all
required improvements that are not to be installed by or
............. -............. ........................................................................... ...................I........... -, . , .... ............................... ..................................................._...................................... ............................... ............
for public utilities.
v. A new preliminary plat application can be refiled at any
time. Revisions to the plat will need to resolve the
reasons for the denial as originally proposed, if
substantially the same. The new filing of a preliminary
plat application for the same area, or any portion
thereof, shall follow the procedures and requirements
specified in this section.
3. Significance of preliminary plat approval. The preliminary plat
approval by the council, with the completion of the required
signatures, constitutes authorization for the subdivider to
proceed with preparation and submittal of the final plat and
engineering improvement plans and specifications (may be
done concurrently). preliminary plat approval is subject to the
following conditions:
a. The conditions under which approval of the preliminary
plat is granted will not be changed prior to expiration date
unless by application for a revised preliminary plat. The
application shall follow the same procedures as the original
approval.
b. Approval is valid for a period of two years from the date of
approval. After two years, the approval shall be deemed to
have expired if a final plat is not recorded.
c. Upon the s u bdivid er's written application to the council
and payment of the applicable application fee, preliminary
plat approval may be extended for an additional one year
if, in the opinion of the council, there is no change in
conditions within or adjoining the preliminary plat which
would warrant its revision and the applicant demonstrates
to the council's satisfaction that substantial effort is being
applied to create a final plat.
d. In no case shall preliminary plat approvals exceed a total of
three years.
e. If preliminary plat approval expires prior to application for
final plat approval, the plat shall be resubmitted for
preliminary approval as a new case and the subdivider
shall be required to pay a new fee.
f. The preliminary plat shall not be recorded.
D. Final plat
1. Final plat submittal:
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17-32
LDC RE -WRITE 1012812015 DRAFT
a. The subdivider or his authorized representative shall
submit the followin materials to the plannin department:
i. A completed application and supplemental forms.
ii. A nonrefundable final plat filin fee in an amount set
b council resolution to compensate the town for the
.................................................................... ............. .................... .... ........ I ............ .. .................. . .. ............. ....... .................. ................... 0 * ... ................ 11 ..... ............
costs of examinin a n -pro' c-' e"s' sin - g _' the s-ubdl'v -ii§ i*o pa-- _t
and subse field investi
iii. The necessar 24 inch b 36 inch paper copies of the
final plat reproduced in the form of blue or black line
prints and an 11 inch b 17 inch reduction.
iv. One reproducible m cop of the final plat for
recordation ( submitted prior to council review).
v. The necessar copies of an 11 inch b 17 inch reduction
of the final plat (submitted prior to council review).
vi. Copies of the proposed deed restrictions ( covenants,
conditions, and restrictions) for the proposed
subdivision.
vii. One set of the final si deed restrictions ( covenants,,:
conditions, and restrictions) to be recorded with the
final subdivision plat (submitted prior to council
review).
vill. One full executed ori subdivision assurance
a (submitted prior to council review).
b. Upon receipt of the final plat application, the plannin
director shall check the plat for conformit to the approved
preliminar plat, all applicable conditions of approval and
compliance with the re for final plats as set forth
in subsection 17-5-213.2.
2. Final plat re
a. Each final subdivision plat shall compl with the
re of the zonin district within which it is
located.
b. The plannin director shall submit the final plat application
to with the staff recommendations to the council.
c. The final plat shall substantiall conform to the approved
preliminar plat, and shall be mi compliance with all
appropriate town standards,, codes, specifications,, and
re
d. The subdivider shall submit all necessar en
improvement plans to the town for initial review prior to
the council meetin
MARANA TowN CODE 17-33
00029718.DOCX /1
LDC RE-WRITE 1012812015 DRAFT
e. Any information required as part of the final plat submittal
shall be shown on the plans in a manner consistent with
standard engineering practice and town standards.
f. At a minimum, the final recordable plat of a subdivision
shall:
L Be drawn in on archive quality mylar or other non-
shrinking material not exceeding 24 inches by 36 inches
in overall dimensions.
ii. Have a left margin of two inches.
iii. Be drawn to an accurate scale of not more than 100 feet
to the inch., with one inch to 40 being the preferred
alternative, and in at least 11 point type.
iv. Have a cover sheet showing the entire subdivision and
indicating where each section of the subdivision may be
found on the corresponding pages of the subdivision
plat, if the plat exceeds one sheet
v. Meet the recording requirements of the county recorder
of the county or counties where the subdivision is
located.
vi. Contain a title that includes the name of the subdivision
and its location by section, township, range, and
county.
vii. Include the name, address, registration number, and
seal of the registered land surveyor preparing the plat.
viii. Include a scale (written and graphic), north arrow, and
date of plat preparation.
ix. Depict boundaries of the tract to be subdivided, fully
balanced and closed, showing all bearings and
distances and mathematical calculations, determined by
an accurate survey in the field.
x. Express all dimensions in feet and decimals of feet.
xi. Accurately describe any excepted parcels within the
plat boundaries by bearings and distances determined
by an accurate survey m the field.
xii. Include the location and description of cardinal points
of primary interest to which all dimensions, angles,
bearings, and similar data on the plat shall be
referenced.
xiii. Tie by course and distance to separate survey
monuments approved by the town each of two corners
of the subdivision traversed.
xiv. Include names, centerlines, right --of -way lines, courses,
lengths and widths of all streets, alleys and easements,
MARANA TowN CODE
0002971 S, DOCX /1
17-34
LDC RE -WRITE 1012812015 DRAFT
. iiC: H.+ rti�•.0 :t \,��2'��;+- `..:��w��.t, \�:f %t itiJ•l;::;i. G+`C'gic :'c /'.• �':�.�.:'��:r�•] r:- .in.��:'�%: ^•sir:- :!:.�1. ten«:
' ^'ni \�. \�C�Cv .�•• - ��,.t-� + �.�c+ '� f:};i; >';:�:r -' '- 'I,� {U4 - :..'F.f'•�:��:i + � 4 \',�•ii "' %-
���1.. �.t .,��S x.'.iw±nS:'.ti��`� Cr 4fr i�r fi ��.•'.- .'.'S.r`.'�iYlf+'r� �� �'�� ��.: ^�`.tii:>>::•:.[i•��� f �'
..�.���ti��ri.�:= :� \i �.::.irµ�. -'r i:(- :�iri..i�f -•i ti;�i.; �. \.;�;r.1;. ^:.`.•:::.: fir; .�:;.::i•::C•iS:i.+%;.,
radii, points of tangency and central angles of all
curvilinear streets and alleys, and radii of all rounded
street line intersections.
xv. Show the location and dimensions of all lots.
xvi. Indicate lot dimensions and appropriate bearings for at
............................................................................................................................................................................ ....................... .... j ................... ............................- ........................ .....-...-.-.... ......- ....... ...... ... ......-................-..-.-...-...--....... t .... .............................
.. -..........--...-................................................................................................................................
least on e side lot Line and either the front or rear lot line
. ...............................
assuming additional dimensions are equal to those
shown.
xvii. Show a buildable pad and minimum finished first floor
elevations in areas subject to flooding.
xviii. Utilize a lot numbering system or be numbered
consecutively throughout the plat.
xix. Designate, letter and name, and clearly dimension all
tracts or parcels for school sites, parks, or other public
uses.
xx. Accurately outline and delineate all property offered for
dedication for public use and all property reserved for
the common use of the property owners in the
subdivision.
xxi. Show the name and parcel number of adjacent recorded
subdivisions and the location of existing adjacent lots,
easements and rights-of-way, or identify adjacent
unsubdivided areas.
xxii. Graphically differentiate all proposed conditions from
existing conditions on adjacent properties and on
excepted parcels within the plat.
g. Two data diskettes, or other acceptable data carrier, of the
approved final plat in a . dxf (data exchange f ile) format,
shall be submitted to the town.
h. All final plats shall contain the following information:
i. Provide on the final plat such easements in such
locations and widths as required. In addition, the
following notation shall be placed upon all final plats:
"Except for construction and improvements by
governmental entities and certificated public utilities,
construction and improvements within easements shall
be limited to only the following:
a) 'Wood, wire or removable section type fencing.
b) Construction, structures or buildings expressly
approved in writing by all public utilities and the
town which use or s h a ll use the utili ea sement."
ii. Statement and acknowledgement of the dedication of
all streets, alleys, tracts, drainageways, utility
LDC RE -W RITE 1412812415 D RAFT
MARANA TowN CODE 17 -35
000297 s . DOCx /1
easements, and other easements for public use by the
persons holding title of record, by persons holding title
as vendees under land contract, and by spouses of said
parties, if jointly owned. If lands dedicated are
mortgaged, the mortgagee shall also approve the plat
(consent to dedicate by separate instrument may be
................... ....... ............................... ......................................................................... ............ ..................... .......................................................................... .. ........................ ............................. ..... - ...................... ........ ..........................._..... ......... ....... ...............................
necessary). Dedications shall include a written location
by section, township, and range of the tract. The
dedication shall include direct wording identifying the
town as the new owner of any tracts or parcels being
dedicated. If the plat contains private streets, provisions
shall be made so that the public utilities reserve the
right to install and maintain utilities above, on, and
below such private streets or ways shall be reserved to
the public utilities.
iii. The following certifications must be included on the
final plat:
a) Certification by a registered land surveyor
preparing the plat that the plat is correct and
accurate, and that the monuments described in it
have been located as described.
b) Certification of a registered civil engineer, if
engineering information is represented on the plat. .
c) Certification of plat approval by the planning
director, town engineer (or designated
representative), town clerk and council.
d) Certification of plat approval by the authority
responsible for providing wastewater management
to the subdivision.
iv. [A Make reference to A.R.S. § 9- 463.01 in a margin
note]For subdivisions located within the towns water
service area, the following note must be included on the
final plat: "NOTE: This subdivision is located within the
town of Marana water service area, which has been
designated as having an assured water supply under
A.R.S. § 45 -576." For subdivisions not located within the
town's water service area, consult with the town
engineer for the appropriate statement of assured water
supply.
v. The location of appropriate vehicular no access
easements shall be included on the plat.
vi, when the plat contains amended development
standards or other requirements, they shall be included
in the notes of the plat. This includes such items as the
maximum building envelope containing minimum
building setbacks and maximum lot coverage
MARANA TOWN CODE
40029718. DOCX /1
17 -36
LDC RE -WRITE 1012812015 DRAFT
`':Ft1'''c - ` ?i +S,':`:.'%: : , .t:C::i'a:;:i::.`•.•:1 \:�r -: \. c �;i' \ •�C ..
`i: rte. ,::. sti.�" �,� •, ti:.� „�•
>` ?;:�::t: >::j .. ,, \ri:,.:ti\ 4' •; i. ��sg'tr:ss` � �: �� ate. �� r.s�
' �j[ .f "• �, \.... \` `i5ti2 `y }CAS r..�i:.., rz-
;w. ��: \�,�,i'b?:��,ti�:t�::c., �i+'r•' rr: %: �'.'r r` a:'�- .'= `ti�"ti:-- �Y�z'S�;:wi�c;�
)yLil \t ~'c: %G �2s>'!o-; <rs; "r`i::irh`s•' - ` - :.';sue
permitted, conservation easements, etc.. Sufficient
typical examples must be included to avoid possible
misinterpretation of irregular, nonstandard lots.
vii. Items identified in the final plat review checklist.
3. Final plat approval:
. ................................. .................... .................. a. An application for approval of a final plat shall not be filed
unless there is an approved, signed, preliminary plat for the
proposed subdivision as provided for in subsection 17-5-213
of this chapter.
b. An applicant for final plat approval shall comply in all
respects with the provisions of this code.
c. An applicant shall submit all of the documents,
information, data, and other requirements for final plat
approval to the development coordinator and shall furnish
all information and materials needed to satisfy the
requirements of this chapter.
d. In addition to the requirements of the preceding
paragraphs, the applicant shall provide to the planning
director any additional information, documents, or other
material relevant to the application that planning staff
reasonably believes is necessary in order for the council to
evaluate, analyze, and understand the subject matter of the
application.
e. An application for final plat approval shall not be deemed
to have been filed or properly submitted until all of the
above listed requirements have been complied with. The
planning director shall determine compliance.
f. Consideration of the final plat by the council and action
thereon shall take place in a public meeting, but may be on
the consent portion of the agenda.
g. The procedure for approval, or denial of final plat
applications shall be as follows:
i. The council shall approve, or deny applications for final
plat approval pursuant to the provisions of this chapter.
Upon receipt of a final recommendation on an
application for final plat approval from planning staff,
the planning director shall take the necessary action to
add the final plat application to the agenda of the next
available regular meeting of the council, whereupon the
council shall either approve or deny the final plat
application.
ii. Approval:
a) If the council approves the plat, the mayor and town
clerk shall transcribe a certificate of the council's
approval upon the plat, firs making sure that the
MARANA Tow N CODE
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17-37
LDC RE- - W R I TE 1012812415 D RAFT
other required certifications and dedications have
been duly signed and acknowledged.
b) After council approval of a final plat and
compliance with subsection 17 -5 -313, the subdivider
shall pay to the town the fee charged by the county
......recorder for the recordation of, the _plat, and _the
town clerk shall then promptly record the plat with
the county recorder, pursuant to A.R.S. § 9- 463.01(J).
iii. Amendment: If the council finds that the plat requires
revisions, the application shall be tabled until the
revisions can be satisfactorily accomplished and the
application rescheduled for council action.
iv. Denial: If the council denies the plat, the minutes shall
state the reasons for the denial.. The final plat
application may be re -filed at any time if revisions can
resolve the reasons for the denial as originally
proposed. The new filing of a final plat application for
the same plat, or any portion thereof, shall be treated as
a new project and will follow the procedures and
requirements specified in this chapter.
17 -5 -3 Subdivision requirements
A. Design and documentation requirements. The layout and design of
all subdivisions and engineering plans and the content of all
required documentation shall be in accordance with town
standards as directed by the planning commission or its
authorized representative and adopted by resolution of the
council.
B. Improvement requirements. The following improvements shall be
installed in all every subdivision, and said improvements shall
meet minimum town standards and shall be installed in
accordance with town standards and specifications as directed by
the town engineer:
1. Streets. The required streets shall be graded and paved and all
required drainage improvements shall be installed, at no
expense to the town.
2. Sanitary sewers. The required off -site and on -site sewer lines
shall be installed in such a way that each lot can be served
therefrom., at no expense to the town.
3. water mains. The required off -site and on -site water plains
shall be installed in such a way that each lot can be served
therefrom, at no expense to the town.
4. Curb, gutter, and sidewalk. All streets shall be bordered by an
approved curb and gutter. Paved sidewalks shall be required
in all subdivisions having a density of more than one lot per
acre.
MARANA 'T owN CODE
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17 -38
LDC RE -WRITE 1012812015 DRAFT
5. Stormwater drainage and retention facilities. The required off-
site and on -site drainage facilities shall be installed, at no
expense to the town.
6. Traffic control devices. Street name signs, street lights, signals
and other traffic control devices shall be installed, at no
expense to the, town, . .... .. ............. .......,
7. Fire hydrants. Fire hydrants shall be installed as required by
town specifications and/or the fire district serving the site at
no expense to the town.
8. Landscaping and irrigation. In accordance with section 17 -11 -6
landscaping and irrigation shall be installed at no expense to
the town.
9. Recreational area.
a. Requirement. All new residential projects with a density
greater than or equal to 3.0 dwelling units per gross acre
and containing 50 or more dwelling units shall provide an
improved on --site recreation area, as accepted by the parks
and recreation and planning departments in compliance
with the adopted park, trail, and open -space system master
plan. The recreation improvements shall be constructed at
the project developer's expense.
b. Area: The :minimum area (in square feet) for private,
common on -site recreation areas shall be as follows:
i. Apartment or condominium: loo sq. ft. per unit
ii. Town home or patio home: 140 sq. ft. per unit
iii. Single- family residential: 185 sq. ft. per unit
c. Limitation: Recreational areas shall not include land
unsuitable for recreation purposes, such as peaks, ridges,
land fragments, land restricted by town policy, condition or
ordinance, and or land determined unusable for
recreational purposes by the parks and recreation and
planning departments.
d. Facilities installation: The recreational facilities and parking
improvements shall be completed and in place by the time
50% of the building permits are issued or an acceptable
bond is secured to guarantee the required improvements.
e. optional method: An in -lieu fee may be accepted by the
council pursuant to an agreement which shall provide, at a
minimum, for the equivalent of park land (based on
improved property) and the recreational facilities the
project would have been required to provide.
10. Permanent survey monuments. Permanent survey monuments
shall be installed in each subdivision, and their location shall be
shown on the final plat. All corners of the subdivision and all
...................
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17-39
LDC RE -WRITE 1412812015 DRAFT
lot corners in the subdivision shall be marked. The permanent
survey monuments shall be indicated on the final plat and shall
consist of the state plane coordinate system, Arizona central
zone 131761, north American datum of 1983—high accuracy
reference network (HARK), 1993 adjustment. Modified grids
and /or constant combined factors are not allowed.
11. Environmental hazards. The subdivision layout shall make
adequate provision for natural drainage channels and
floodways. Added surface water produced by the subdivision's
development, particularly excess runoff created by paving,
shall be properly disposed of within the subdivision or shall be
drained into natural or man -made channels in a manner that
will minimize the exposure to flood hazard, and will minimize
erosion of the soil within and without the subdivision, from
eroding and will not produce an undue flood hazard for
adjacent properties. All other environmental hazards must be
eliminated or adequately restricted as directed by the town.
12. Underground utilities. Electric power (except electrical
transmission lines carrying 48 kV or more), telephone lines,
cable television and fiber optics shall be located underground,
except where the subdivider can show the planning
commission that underground installation is not feasible. All
underground installations shall be constructed prior to
surfacing the street. Service stubs to platted lots within the
subdivision for underground utilities shall be placed to at such
length as not to necessitate disturbance of street improvements.
when service connections are made. Screening of all.
aboveground transformers, cabinets, etc., shall be provided.
13. Public safety hazards. The subdivision plan shall make
adequate provision for protection of the public from adjacent
irrigation canals, railroads, airport runways, mines, gravel pits,
electrical substations, and pumps or other stationary
equipment that are in existence at the time of approval of the
preliminary plan., where such are deemed by the planning staff
to constitute a significant hazard to public safety by the
planning staff. Such provision may include, but shall not be
limited to, adequate boundary walls or fences not to exceed six
feet in height.
14. Irrigation lines and ditches. All irrigation channels and ditches
within, or adjacent to the subdivision, within perimeter
easements or the nearest half of a street or alley right of way,
shall be reconstructed for the purposes of enclosure in
accordance with a specific plan and schedule acceptable and
agreed upon by the town engineer, the subdivider and the
owner of the irrigation facilities. The undergrounding shall be
accomplished in compliance with standards approved by the
town and by the owner of the irrigation. facilities.
C. General requirements
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LDC RE-WRITE 1012812015 DRAFT
1. All streets shall be dedicated for public use. The dedication of
half streets in any subdivision is prohibited, except on the
outside edge of a subdivision where such outside edge is a
section line or mid - section line and there is sufficient width for
a two -way road. All streets within the subdivision must be
dedicated public use or designated as a private street to be ............................................................................................... ................ ........... I ........ .............................. .. ..... .......... I ............. .. ...... .. 11 ............... .... ... . ......... 11 .... ....... ........ maintained by the applicable association..
2. Lots shall abut on a public or private street. Each lot of a
subdivision shall abut on a public or private street dedicated
by the subdivision plat or an existing dedicated street, or on a
street which has become public by right of use and is dedicated
and constructed to town. standards.
3. All lots must be in conformance and consistent with the
requirements set forth in the general plan, the land
development code, the northwest Marana area plan and/or the
applicable adopted specific plan, if any.
4. Uses of all areas must be identified.
5. A minimum 30 feet of lot frontage shall be provided, unless the
applicant can provide justification that provisions of adequate
access, utility service and public safety can be demonstrated to
all reviewing agencies, as accepted by the town.
6. The depth -to -width ratio of subdivided buildable lots shall not
be greater than three to one, unless justified and accepted by
the planning director.
7. To properly provide for adequate safety and for the welfare of
the public, corner lots for residential use, shall be platted at
least five feet wider than interior lots to permit conformance
with the required street side yard requirements and sight
visibility triangles.
8. Lots having double frontage shall be avoided except where
necessary to provide separation of residential development
from traffic arterials, to provide ingress and egress in
commercial or industrial subdivisions, or to overcome specific
disadvantages of topography.
9. Cane -foot no access easements shall be identified, where direct
vehicular access is not desired, to a street, common area or
other area that might be construed to provide vehicular access.
10. No remnant of property shall be left in the subdivision which
does not conform to lot requirements, unless required and
dedicated to a homeowners' association, private utility or other
public purpose, as accepted by the town.
11. All streets, including without limitation the length of dead -end
streets and the number and type of vehicular access points,
shall conform to the subdivision street standards.
MARANA TOWN CODE
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17-41
The subdivision street standards may be
found here.
.LD C RE- -WRITE 1012812015 DRAFT
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4.
12. wherever practical, all subdivisions created within any single -
family residential zone should be designed to facilitate solar
access and energy efficiency.
13. wherever practical, all lots shall be graded in such a manner as
to preclude excessive or unnecessary grade differences
be tween a l ots or between l ots and a streets. .............................. ......
14. School sites and other public spaces. In subdividing property,
considerations shall be given to sites for schools, parks,
playgrounds, and other areas for public use, as shown by the
general plan. Any provision for such open or public spaces
shall be indicated on the preliminary plan in order that it may
be determined in what manner such areas will be dedicated to,
or acquired by, the appropriate public agency.
15. The town shall not accept or maintain streets or other public
ways unless they have been constructed in accordance with
town standards and specifications adopted by the council..
16. work to be done by engineer or surveyor. All engineering
work and/or surveying must be done by or under the direction
of a qualified professional registrant registered in the state of
Arizona.
17. Developer responsibility for quality of construction. The
developer shall be responsible for the quality of all materials
and workmanship in the development of an approved
subdivision.
18. If construction deviates from approved plans as -built plans will
be required. As -built plans, shall show the location, size, grade,
and depth of all paving, grading, water and sewer mains,
valves, manholes, and other subsurface utilities and facilities
and shall be required prior to the release of performance
guarantees. All survey monuments and lot corners shall be
installed prior to release of performance guarantees.
19. Amended plats. when major changes are made in the plat of a
recorded subdivision, an amended subdivision plat shall be
approved and filed in accordance with the requirements of this
code. No change shall be made in an approved plat unless the
change has been approved by the council.
D. Non -- performance. If any portion of a subdivision remains
undeveloped five years after the subdivision plat was approved by
the council, the council may, after a public hearing and notice to
the owner of the property according to current county assessor's
records, vacate all or any part of the undeveloped portion of the
subdivision by recording a revised plat eliminating the vacated
portion. This remedy is in addition to the council's authority to use
financial assurances to complete subdivision improvements under
subsection 17 -5 -5 A.1 below.
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.ADC R E- - 1012812475 DRAFT
17 -54 Design standards
A. General
1. Every subdivision shall conform to the requirements and
objectives of the general plan, the land development code,
other ordinances and regulations of the town, and to the
Arizona revised statutes.
2. where the tract to be subdivided contains all or any part of the
site of a park, school, flood control facility, or other public area
shown on the general plan or recommended by the planning
commission, the site should be dedicated to the public or
reserved for acquisition by the public within a specified period
of time. An agreement should be reached between the
subdivider and the appropriate public agency regarding time,
method and cost of such acquisition. In the event the planning
commission determines that such an agreement has not been
reached within a reasonable period of time, then the planning
commission may make a determination that the requirements
of this section have been met.
3. Land which is subject to periodic flooding, which cannot be
properly drained, or other land which, in the opinion of the
town engineer, is unsuitable for any use shall not be
subdivided, except that the town may approve subdivision of
such land upon receipt of evidence that the construction of
specific improvements can be expected to render the land
suitable, thereafter, construction upon such land shall be
prohibited until the specified improvements have been
planned and construction assured.
B. Building and site design
1. Building design shall consider the surrounding natural
environment and be consistent and compatible with the
character of the area and the zoning designation.
2. External building materials should be compatible with the
natural landscape. Examples are native stone, adobe, and
wood. Use of highly reflective metals, plastic and fiberglass
should not be used except where it has been demonstrated that
such materials are desirable for the type of use proposed (e.g.,
greenhouses).
3. Colors shall blend with the surrounding natural environment.
In addition, roofs must meet the color requirements as well.
4. Developments should be designed to include smaller, clustered
buildings or enhanced articulated elements rather than single
massive structures that detract from the character of the area
and obliterate the natural viewshed.
5. The siting of structures should take into consideration the
natural and built environments of the property. Existing
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LDC RE -WRITE 1412812415 DRAFT
vegetation shall be retained to the extent possible and natural
grades should not be significantly modified.
6. All subdivisions shall result in the creation of lots capable of
being Lawfully built upon. Except for parcels to be maintained
as open space or for another specific stated purpose, no
...................subdivision - shall create lots which.are physically, unsuitable for...
improvement due to size or shape, steepness of terrain,
location of watercourses, problems of sewerage or driveway
grades, or other natural physical conditions.
7. Wherever practical, building design and layout should be
designed to facilitate solar access and energy efficiency.
8. Vehicle and pedestrian ways should be clearly delineated to
prevent congestion and conflicts. Service vehicle areas shall be
located such that they are screened from view of public ways
and private property.
9. Pedestrian ways and multi -use paths may be required where
essential for circulation, or for access to schools, playgrounds,
shopping centers, transportation, and other community
facilities. Pedestrian ways and multiuse paths may be used for
utility purposes.
10. Where feasible, utilities such as meter boxes, mechanical
installations and trash containers shall be screened with
landscaping and materials complementary to the building.
design. on -site electrical wiring shall be underground.
11. Landscaping shall be provided in all required front and street
side setback areas and should emphasize the use of drought -
tolerant and native plants, unless an alternative renewable
water resource is available and can be provided.
12. Washes should be retained in a natural state and left
undisturbed where possible.
13. All outdoor lighting shall comply with the adopted outdoor,
lighting code requirements. In addition to these requirements,
all fixtures shall be fully shielded. Light standards shall not
exceed a maximum height of 15 feet.
C. Street location and arrangement
1. Whenever a tract to be subdivided embraces any part of a
street designated in an adopted town streets and highways
plan, such street shall be platted in conformance therewith.
2. Street layout shall provide for the continuation of such streets
as the town may designate.
3. Certain proposed streets, as designated by the town, shall be
extended to the tract boundary to provide future connection
with adjoining un- platted lands.
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LDC RE -WRITE 1012812015 DRAFT
4. Local streets shall be so arranged as to discourage their use by
through traffic.
5. Where a proposed subdivision abuts or contains an existing or
proposed arterial and/or collector routes, the town may
require limited access or reverse frontage with non - access
.............easements along the arterial route, or, such other, as
may be justified for protection of residential properties from
the nuisance and hazard of high volume traffic, and to preserve
the traffic function of the arterial route.
6. Streets shall be so arranged in relation to existing topography
to minimize cuts and fills and produce streets of reasonable
gradient, and to facilitate adequate drainage.
7. Half-streets shall be discouraged except where necessary to
complete a street pattern already begun, or to insure reasonable
development of a number of adjoining parcels. Where there
exists a platted half-street abutting the tract to be subdivided,
and said half-street furnishes the sole access to residential lots,
then the remaining half shall be platted within the tract.
17 -5 -5 Performance guarantee
A. Before a subdivision plat is presented to the council for approval,
the subdivider shall post assurances, in a foram acceptable to the
town attorney, to assure the installation of required street, sewer,
electric and water utilities, drainage, flood control, landscaping,
park facilities, and other improvements as required meeting
minimum standards of design and construction established by this
title and the Marana subdivision street standards. The purpose of
the assurances shall be to guarantee that the improvements are
installed in a timely manner and paid for without cost to the town.
1. Financial forms of assurance, including cash, letter of credit,
performance bond, or other similar instruments, shall be filed
in the office of the town engineer in an amount equal to the
sum of the cost of construction for all required improvements,
including surveying, construction management, testing, and
inspections, as determined by the town engineer, plus a 15%
contingency. A financial form of assurances for the installation
of required improvements on private property shall grant to
the town adequate property rights as determined by the town
engineer and town attorney to allow the town or the town's
contractor to complete the installation. Where, in the opinion of
the council, the subdivider has failed or neglected to install the
required improvements or make required corrections within a
timely manner, or to pay all liens in connection with the
required improvements, the council may, after a public hearing
on the matter, use the proceeds from the assurances to install or
cause to be installed the required improvements.
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LDC RE- -WRITE 1012812015 DRAFT
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2. Third party trust forms of assurance prohibiting the transfer of
any individual subdivision lot or block for which required
subdivision improvements have not yet been installed, are
permitted in lieu of financial forms of assurance.
B. The town manager is authorized to execute substitute subdivision
.....................assurances in , a form approved ., as... to........ substance .. by, th ... town.......................................................................................................
...............................
engineer and approved as to foram by the town attorney, if the
town manager and town engineer are satisfied that the substitute
assurances protect the town to an extent equal to or greater than
the original assurances.
C. Before release of assurances of or guarantees for construction or of
improvements in existing or proposed public rights-of-way,
including subdivisions or development master plans, the following
listed documents shall be submitted, where applicable, to the
town:
1. Formal acceptance/ approval of applicable utilities.
2. Formal acceptance/ approval of sewer line and manhole
installation from the owner/ operator of the wastewater utility.
3. Applicant's engineer/ surveyor's record of bench marks set and
elevations thereof, and certification that all monuments are in
place as shown on final plat.
4. Certification by a professional engineer that construction has
been completed in accordance with approved plans,
specifications, and applicable town standards, as established by
the town engineer, together with as -built mylars and digital
copies for all construction accomplished, and so certified by the
appropriate professional.
5. Copies of recorded documentation of all easements not
dedicated by the plat.
6. Certification and as -built plans by a registered landscape
architect that all landscape work has been completed in
substantial conformance with approved plans, specifications,
and applicable town standards.
7. Filled. -out form for release of assurances.
8. Bill of sale to the town for installations to be accepted by the
town.
9. Tabulation and verification of all fees paid to the town for plan
and report reviews for construction permits; and payment of
any remaining or additional review, permit or inspection fees
as required.
10. Completed landscape licensing agreement for maintenance of
landscaping in the public right-of-way, if applicable.
11. One -year warranty for all public infrastructure.
LDC RE - NITR ITE 1012812015 DRAFT
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00029718. DOCX /1
12. A pavement preservation assurance, in the amount and form
satisfactory to the planning director and town engineer.
17 -5 -6 Minor land division
A. In general
............... .......1. For the purpose of this chapter, a minor land . division shall
consist of any of the following acts, and shall be subject to the
provisions of this chapter:
a. "Land splits" as defined in A.R.S. § 9 -463.
See A.R.S. § 9 -463 defines "land splits" as
"the division of improved or uniniproved
b. Any division of improved or unimproved land that is not a
land whose area is t and one --half acres or
subdivision as defined in A.R.S. § 9- 463.02, but is located on
less into two or three tracts or parcels of rand
land that is subject to a condition of rezoning rohibitin
1 gP g
f or the purpose of sate or lease"
further lot splits without the approval of the town and/or
the council.
2. The preparation, submittal, review, and approval of all minor
land divisions located within the town shall proceed through
the following progressive stages, except when otherwise
provided in this section:
a. Pre- application conference with town planning and
engineering staff.
b. Submittal of the minor land division application and map
by the land divider.
c. written approval of the application by planning director.
d. Recordation of the approved minor land division.
3. Minor land divisions shall provide for the dedications of land,
rights -of -way and easements, payment of fees and construction
of those offsite and onsite improvements as necessary to
protect the general health, safety and welfare of the public.
Such improvements are required to implement the provisions
of the general plan, transportation plan and the town's growth
management objectives.
4. Actual construction of improvements to be made according to
this Title shall not be required until a building permit or other
grant of approval for development is issued by the town,
except that as a condition of approval of a minor land division,
the town may require such construction prior to the issuance of
a building permit or other grant of approval for development
upon its finding that such construction is or will be necessary
at the time set because of the public health and safety, or
because the construction is a necessary prerequisite to the
orderly development of the surrounding area, and except that
the land divider and the town shall enter into an agreement
setting forth the time period within which the requirements
shall be met.
LDC ICE -WRITE 1012812475 DRAFT
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B. Pre - application conference. The pre -- application conference for a
minor land division review is an investigatory period preceding
the preparation and submittal of the minor land division
application by the land divider. The land divider shall initially
present his or her proposal to the Planning Department who shall
advise the land divider of specific public objectives, standards, and
............................................................................................................................................................................................................................................................................................................................ ...............................
regulations related to the property and the procedure for minor
land division review.
C. Minor land division design standards and requirements. Except
where expressly modified or permitted by planning staff, all minor
land divisions shall be in general conformity with the lot, street,
block, alley, and easement design standards and requirements
specified for subdivisions in subsection 17 =5 -3C. All lots created by
a minor land division shall conform to existing zoning and the
town general plan and any applicable area or specific plans.
D. Minimum required minor land division improvements
1. Except where otherwise provided in this section, it shall be the
responsibility and duty of the land divider to improve or agree
to improve all streets, pedestrian ways, alleys, and easements
in the minor land division and adjacent thereto required to
service the minor land division, and such other improvements
as specified for subdivisions in 17-5-3B and 17 -5 -3C of this
chapter. improvements shall be installed to the permanent line
and grade to the satisfaction of the town engineer.
2. Minor land division improvements shall not be required as a
condition of approval for minor land divisions in the following
situations:
a. in any case when the planning director and town engineer
determines that the improvement of the abutting street or
the installation of the other normally required
improvements would be impractical because of
considerations such as, but not limited to: type and extent
of existing street improvements; inability to establish a
proper street grade or alignment; physical barriers such as
excessive grade of terrain or washes, ditches, canals,
buildings or other structures, or other special circumstances
where, in the opinion of planning and engineering staff, the
immediate installation of the improvements is not deemed
necessary to protect the public health, safety and general
welfare, and that the waiver of the improvement
requirements would not impair the purpose and intent of
this title.
b. The planning director may require, as a condition for the
waiver of the required minor land division improvements,
the execution of an acceptable form of assurance to the
town attesting that the owners), and their heirs, successors,
or assigns agree that they will participate in the cost of the
MARANA TOWN CODE 17 -48 LDC RE -WRITE 1012812015 DRAFT
00029718.DOCX /1
improvements abutting their property at a later date
whenever it is deemed necessary by the Town based upon
future development in the immediate area.
E. Minor land division applications
1. Application submittal:
a. The land divider shall submit the following materials to the
planning department for review:
i. Five copies of the minor land division reap reproduced
in the form of blue or black line prints on a white
background.
ii. Completed minor land division application and
supplemental forms.
iii. A title report (updated to within 30 days).
iv. A nonrefundable minor land division application filing
fee to compensate the town for the costs of examining
and processing the minor land division. application.
(The required fee for minor land division applications
shall be approved by resolution of the council).
b. All submittals shall be checked by planning staff for
completeness. If incomplete as to the requirements set forth
in this title, the submittal may be rejected and returned to
the applicant for revision and resubmittal.
2. Application requirements:
a. Every minor land division shall be designed to comply
with the requirements of the specific zoning district within
which it is located.
b. No lot or parcel shall be divided in such a way that any the
division of such lot or parcel shall contain more dwelling
units than are permitted by the zoning regulations for
which district such applicable to the lot is situated.
c. Any information required as part of the minor land
division submittal shall be shown graphically, or by note on
plans, or by letter, or by combination thereof, and may
comprise several sheets showing various elements of the
required data.
d. All minor land division maps shall contain the following
information:
i. Notation of the map as "A minor land division map for
(land- divider's name )."
ii. Location by quarter-section, section, township, and
range.
iii. Legal description of the property involved.
iv. Name, address, and hone number of land - divider.
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v. Scale, north arrow, and dates of preparation and
revisions.
vi. Existing street dedications, utility easements, and lot
lines of all adjacent properties must be indicated by
subdivision name and recorder's book and page
numbers; unsubdivided land must be identified- as,
.... . ..... such.
vii. Name, address, registration number, and seal of the
registered land surveyor preparing the map.
viii. Boundaries of the tract to be divided fully balanced and
closed, showing all bearings and distances determined
by an accurate survey in the field. All dimensions shall
be expressed in feet and decimals thereof.
ix. Location and description of cardinal points of primary
interest to which all dimensions, angles, bearings, and
similar data on the map shall be referenced. One corner
of the minor land division map shall be tied by course
and distance to a survey monument approved by the
town.
x. All existing and proposed drainage structures, known
floodplains and natural drainage features, as required
by the town.
xi. All existing irrigation structures on the property.
xii. Location and dimensions of all lots within the minor
land division map. All sides of the proposed lots shall
be identified by bearings and distances.
xiii. All lots shall be identified by number or letter.
xiv. Proposed and existing street dedications and public
utility easements shall be identified by course, length,
and width.
xv. The following certifications must be included on the
minor land division snap:
a) Certification by a registered land surveyor
preparing the map that the map is correct and
accurate, and that the monuments described in it
have been located as described.
b) Certification of map approval by the planning
director and town engineer.
3. Application approval:
a. The land divider shall submit all of the documents,
information, data, and other requirements for minor land
division application approval to the planning department
and shall furnish any additional information and materials
relevant to the application that planning staff reasonably
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LDC RE -MUTE 1012812015 DRAFT
believes is necessary in order to understand the subject
matter of the application and to ensure compliance with the
requirements of this title. Compliance shall be determined
by the planning director.
b. The planning director shall approve, modify or disapprove
..............applications for minor land divisions pursuant to ......... the, .
provisions of this title. The procedures for approval,
modification, or disapproval of minor land division
applications shall be as follows:
i. Approval:
a) If the planning director approves the minor land
division application, the town shall transcribe a
certificate of approval upon the map, first making
sure that: (1) all conditions of approval have been
complied with; (2) the other required certifications
have been duly signed; and (3) that any instruments
for required street right -of -way dedications have
been prepared, executed, and duly recorded.
b) After approval of the minor land division,
certification of approval by the town and
compliance with subsections 17 -5 -617 and 17 -5 -6G
hereof, the applicant shall pay to the town the fee
charged by the recorder for the recordation of the
reap, and the town shall then promptly record the
map with the recorder.
ii. Modification: If the planning director finds that the
minor land division application requires modification,
the land divider will be furnished a letter stating the
reasons for the necessary modification. Such
modification(s) must be completed within 45 days of
the letter or the land split will require a new submittal.
iii. Denial:
a) If the planning director disapproves or denies the
minor land division application, the land divider
will be furnished a letter stating the reasons for the
denial. The application may be re- filed without
additional fee if suitable revisions can be made to
resolve the conflicts noted by planning staff as
originally proposed without additional fee and if
the application is re -filed within 45 calendar days of
the planning director's action.
b) An applicant may appeal a final action by the
planning director pursuant to subsection 17 -5 -6H of
this chapter.
F. Engineering plans for minor land division
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LDC RE -WRITE 1012812015 .DRAFT
1. If improvements are required for minor land divisions
pursuant to paragraph D of this section, the applicant shall be
responsible for the preparation of a complete set of engineering
plans, prepared by an Arizona registered civil engineer,
satisfactory to the town engineer for the construction of the
required improvements. The plans shall be prepared in
"'"" " ''
conjunction with the minor land It reap.
2. The minor land division map shall not be recorded until all
engineering plans for the recorded improvements have been
approved by the town engineer.
G. Assurance for the construction of minor land division
improvements. If improvements are required for the minor land
division pursuant to paragraph D of this section, no building
permit for any lot created will be issued until such improvements
are completed and the work accepted by the town engineer.
Required improvements may be waived by the Town if the land
divider provides the appropriate (cash or bond) improvement
assurance or if all such required improvements have been
completed, paid for and accepted, as determined by the town
engineer.
H. Minor land division appeal
1. Any person aggrieved by a decision of the planning director
regarding a minor land division may appeal to the planning
commission within ten days of such decision by the planning
director. The appeal shall be filed with the chairman of the
planning commission and shall describe the reasons for, and
details of, the appeal. The planning commission shall act upon
the appeal within 45 days of the date upon which the appeal is
filed.
2. Any person aggrieved by the decision of the planning
commission may appeal to the council within ten days of the
planning commission's decision. The notice of appeal and all
papers constituting the record in the action shall be transmitted
forthwith to the council. The council shall hear, review and
decide the application within 45 days of the date upon which
the appeal is filed.
3. Findings of the council shall be incorporated into the plat or
map and, if found necessary by the council, the plat or map
shall be resubmitted for review by the planning director, to
assure conformity to the council's decisions and other
requirements.
17 -5 -7 Modifications to requirements of chapter
A. Where, in the opinion of the council, there exists extraordinary
conditions of topography, land ownership, or adjacent
development, or other circumstances not provided for in these
regulations, the council may modify the provisions of this chapter
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LDC RE -WRITE 1012812015 DRAFT
in such manner and to such extent as it may deem appropriate to
the public interest. The burden of proof for council determination
of a modification rests with the subdivider and/or land divider.
B. In modifying the standards or requirements of these provisions, as
outlined above, the council may make such additional
........ requirements as appear necessary, in its judgment, to substantially
secure substantially the objectives of the standards or requirements
so modified.
17 -5 -5 Violations and penalties
A. It shall be a misdemeanor to record or attempt to record a
subdivision plat or minor land division map with the county
recorder if such plat or map includes any land within the town and
such plat or map has not been given approval by the town.
B. It shall be a misdemeanor to attempt to achieve a minor land
division or to achieve a minor land division or to attempt to
establish a subdivision or to establish a subdivision of any land
within the town without first having obtained the approval of the
town as provided for by this chapter.
CHAPTER 17 -6. GENERAL DEVELOPMENT REGULATIONS
Sections:
17 -6 -1
Nonconforming structures and land uses .........................53
17 --6 -2
Relationships to streets, other structures, and other
property .................................................... .............................54
17 -6 -3
Sewage sludge restriction ....................... .............................55
17 -6 -4
Height of buildings and structures ....... .............................55
17 -6 -5
Clear view of intersecting streets .......... .............................55
17 -6 -6
Home occupations ................................. ...............................
55
17 -6 -7
Location of gasoline pumps ................... .............................56
17 -6 -8
Motor vehicle access ................................ .............................56
17 -6 -9
Irrigation lines and ditches ..................... .............................57
17 -6--10
Nuisance uses prohibited ....................... .............................57
17 -6 -11
Specifications for the installation of fiber optics ..............
58
17 -6 -12
Animal keeping and related structures .............................59
17 -6 -13
Building height increase.. ...... 6-6 ... ........... ttoo**64
17 -6 -14
Medical marijuana dispensary ............... .............................65
17 -6-1 Nonconforming structures and land uses
A. Continued use. The owners of land and structures shall not be
deprived of the use of any property for the purpose to which it was
lawfully devoted at the time of the enactment of this code because
of any provision of this code. Nonconforming buildings or
structures or land uses may be continued to the same extend and
character as that which legally existed on the effective date of this
code and any regulations derived from it. Repairs may be made to
a nonconforming building or structure or to an existing building or
structure housing a nonconforming use.
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B. Limitations on enlargement. Any nonconforming but otherwise
legal use within a building may be expanded within the same
building in which said use is located, provided that: (1) no
substantial modifications are made in the building, or (2) the
increase or expansion is required to comply with an order to
improve issued by a health or safety official acting in their official .......... ................................................. I ... capacity.
C. Restoration of damaged buildings. A nonconforming building or
structure or a building or structure occupied by a nonconforming
use which is damaged or destroyed by fire, flood, or other calamity
or act of nature may be restored, and the building or structure or
use of such building, structure, or part thereof may be continued or
resumed provided that such restoration is started within a period
of one year from the date of destruction or damage and is
diligently prosecuted to completion. Such restoration shall not
increase the floor space devoted to the nonconforming use over
that which existed when the building became nonconforming, and
such exemption from conforming to this code shall only be to the
extent that the building dial not conform in the past.
D. Discontinuance or abandonment. A nonconforming building or
structure or portion thereof, or a lot or parcel occupied by a
nonconforming land use, which is or which hereafter becomes
abandoned or which is removed from use for a continuous period
of one year or more shall not thereafter be occupied except by a use
which conforms to the regulations of the zone in which it is
located.
E. Change to a conforming use. Any nonconforming building or
structure or land use that has been changed to a conforming
building or structure or land use shall not thereafter be changed
back to a nonconforming building, structure, or land use.
F. Change to another nonconforming use. A nonconforming use of a
building or structure shall not be changed to another
nonconforming use. Changes in use shall be permitted only to a
conforming use.
17 -6 -2 Relationships to streets, other structures, and other property
A. Clear view of intersecting streets. on all lots or parcels of land on
which a front setback is required, no obstruction that will obscure
the view of motor vehicle drivers shall be placed within the
triangular area formed by the adjoining street property lines and a
line connecting them at points of 45 feet from the intersection of
said street property lines, except that trees may be permitted
within said triangular area provided that those trees are placed in
the street planter strip and the limbs are pruned to at least six feet
above the grade level of the adjacent street.
B. Effect of street plan. Wherever a front or side setback is required
for a building or structure, and where the lot on which said
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building or structure is located abuts on a proposed street that has
not yet been constructed but which has been designated on the
Town's General Plan or an appropriate area or subject plan as a
future street, the depth of such front or side setback shall be
measured from the planned right-of-way line and not from the
existing property line.
......... ...... .. ..... ............. C. Drainage. Surface water shall not be allowed to drain from any lot
onto any adjacent lot, parcel, or easement, except upon written
agreement with the owner of said adjoining lot, parcel, or
easement.
17 -6 -3 Sewage sludge restriction.
The application of sewage sludge to the surface or within eight inches
of the surface of any land within one quarter mile of any human
residence shall be prohibited, except where written permission to do
so has been obtained from the owner of said residence and filed with
the town clerk.
17 -6-4 Height of buildings and structures
No building or structure, with the exception of a fence or wall that is
not higher than six feet in height and which is not part of a building,
shall be allowed to extend to a height greater than the shortest distance
for the base of the building or structure to the nearest point on the
closest property line of the lot on which said building or structure is
situated.
17-6-5 Clear view of intersecting streets
No obstruction which will obscure the view of motor vehicle drivers
shall be placed on any corner lot within a triangular area formed by
the street right-of-way lines and a line connecting them at points of 45
feet from the intersection of adjacent street right -of -way lines.
17 -6 -6 Home occupations
A. A home occupation shall be permitted only pursuant to an
approved home occupation permit issued by the planning director.
B. A home occupation shall not exceed 25% of the gross floor area of a
dwelling.
C. Except as provided in the following paragraph, a home occupation
shall not employ anyone who does not reside in the residence
containing the home occupation.
D. A home occupation that employs a person who does not reside in
the home where the home occupation is located is a conditional
use in any zone where a home occupation is permitted, and subject
to the conditional use permit procedure set forth in section 17 -3 -2.
E. A home occupation shall not display on -site advertising or
identification signs or have external evidence of the conduct of the
home occupation.
... ............................... -
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LDC RE- -WRITE 1012$12015 DRAFT
F. A 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.
G. A home occupation shall not create conditions that are a nuisance
to neighboring properties.
H. Equipment used by or in connection with a home occupation
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.
17 -6 -7 Location of gasoline pumps
A. Gasoline pump islands and similar facilities for the dispensing of
flammable materials, including diesel fuel, propane, and butane,
shall be set back not less than:
1. Eighteen feet from any street right-of-way line to which the
pump island is perpendicular; and
2. Twelve feet from any street right-of-way line to which the
pump island is parallel; and
3. Twelve feet from the property line of any residential lot.
B. If the pump island is set an angle on its lot, it shall be so located
that motor vehicles stopped for service shall not extend over the
property line of the lot.
C. In no case shall pumps be set closer than 12 feet to any side or rear
lot line.
D. Lots from which gasoline or similar flammable fluids are dispenses
to customers at retail or wholesale shall be not less than 75 feet in
width and not less than 100 feet in length.
E. All approaches to gasoline pumps or similar facilities shall be
paved to a distance of no less than 18 feet from the pumps or to the
nearest property line, whichever distance is smaller.
117-6-8 Motor vehicle access
Access to all lots and parcels of land having frontage on 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 20 feet except
where a greater distance may be required by other provisions of
this code.
C. Each driveway shall be not more than 30 feet in width, measured
at right angles to the center line of the driveway, except as that
distance may be increased by permissible curb return radii.
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D. Can corner lots, no driveway shall be closer than 35 feet to the point
of intersection of the right-of-way lines of the intersection.
17 -6-9 Irrigation lines and ditches
Irrigation channels, ditches or lines. Before a permit can be issued for
development,or doubling the enterprise density of parcels or lots with
an irrigation channel, ditch or line either within the parcel or lot or
adjacent thereto within perimeter easements or the nearest half of a
street or alley right of way, such irrigation facilities shall be
undergrounded in accordance with a plan and schedule acceptable
and agreed upon by the town engineer, the subdivider and the owner
of the irrigation facilities. Such undergrounding shall be done in
accordance with town standards.
17 -6 -10 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, 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, without regard to
zoning or use.
B. Composting prohibited: No person shall compost or permit the
composting of organic waste; manure; tree, grass or shrub
clippings; grease; bio- solids, or other similar material on any
property within the town 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 quantit 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 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 limits.
E. Similar uses prohibited. The planning director may determine
other similar uses to be a nuisance, and is hereby authorized and
directed to make inspections in the normal course of job duties; or
in response to a complaint that an alleged violation of the
provisions of this chapter; or when there is reason to believe that a
violation of this title has been or is being committed.
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LD C RE-WRITE 1012812015 DRAFT
17 -6 -11 Specifications for the installation of fiber optics.
A. Fiber optic cables or lines installed within the municipal limits of
the town shall not be installed as a direct bury cable.
B. All fiber optic cables or lines shall be installed within a conduit of
at least one inch PVC or other approved material. At the time of .., ........... .............. ... 16
initial installation, one extra con' duit of of Teast one inc o ..
other approved material for future expansion shall also be
installed.
C. New conduit installation designated for fiber optic cables or lines
shall be encased in a minimum of six inches of concrete on all sides
of the conduit or conduits. New installations shall have a
minimum of four feet of cover on the top of the concrete
encasement. A magnetic warning tape shall be placed two feet
above the encasement, which shall include a written message
indicating the presence of fiber optics in the conduit systems
installed, even if they are initially intended to carry standard
copper wire cables.
D. If that fiber optic cables or lines are to be installed in existing
conduit systems, the installation thereof shall comply with the
specifications in the foregoing subsection.
E. All installations of fiber optic cables or lines, whether in new
conduit installations or existing conduit installations, shall require
a permit.
F. Upon the submission of plans and the application for a permit, it
shall be clearly noted thereon by the applicant that fiber optic
cables or lines are to be installed pursuant to the permit being
requested.
G. whenever the town, private consultants or entities, or other
agencies request any information on existing utilities to be used on
the preparation of improvement or development or other plans,
existing fiber optic cables or lines shall be clearly indicated on
information furnished by the applicable utility company.
H. Any of the foregoing plans prepared shall include a special
warning of sufficient size and placed on the plans in such a way
that contractors will be aware of the presence and existence of fiber
optic cables or lines.
I. Any fiber optic cables or lines installed within the town shall be
located in the field, during construction, as part of the "Blue Stake"
program.
J. Any locations marked on the ground surface shall include special
notations that will adequately indicate the existence of fiber optic
cables or lines to the contractor.
................... .. ...
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LDC RE -WRITE 1012812415 DRAFT
17 -6 -12 Animal keeping and related structures
A. Location of structures to house animals. No barn, shed, corral,
fence, or other structure for the housing of confinement of bovine
or equine animals or swine, or for more than three- hoofed animals
of any other kind, shall be erected, constructed, or moved to within
100 feet of .a human residence, except the residence of the owner of
any of the aforementioned animals that are maintained on that
owner's land.
S. General maintenance
1. Animal keeping and related structures shall be arranged,
conducted and or maintained so that:
a. The animal keeping area is completely enclosed within an
approved fence consistent with the quantity, age, and
disposition of the animal(s) being kept.
b. Construction materials are non- toxic.
c. Insects, vermin, odors, noises, manure, garbage and or
other noxious materials or practices do not compromise the
public's health.
d. No condition of said use or structure restricts the rights of
the adjacent property owner to enjoy the use of their
property.
e. Adequate water facilities are provided that prevent
ponding of water.
f. Feeding occurs on impervious surfaces, as appropriate.
g. Frequent or continuous barks, squawks, and or other
animal related sounds are not audible to adjacent
residential structures.
h. Generation of dust is minimized.
i. Outdoor lighting does not generate glare in the direction of
streets and or adjacent properties; and is consistent with the
town lighting code.
Z. Any person keeping animals shall ensure:
a. Animals are provided with food of sufficient quality and
quantity, and food is appropriate to the species, disposition,
and age of the animal.
b. water is available at all times.
c. Animals have convenient access to a structure which
provides shade from direct sun light.
d. Animal structures are designed to minimize the spread of
disease.
e. Animals are provided with sufficient medical treatment
and care.
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f. Opportunity for periodic exercise, under appropriate
control, sufficient to maintain good health.
g. Animal keeping structures are designed to minimize the
risk of animal injury and are of a size of space conducive to
the animal's good health.
..... ............................... -.
h. T'e -outs are located so that they cannot become entangled.
i. Manure is removed from any animal keeping structure or
area in a timely manner and handled or disposed of in a
manner free of health hazard or nuisance. Mound storage
shall not be permitted on a lot less than five acres and shall
not be allowed to drain, contaminate, or pollute any
watercourse or riparian area.
J. Animals have access to a structurally sound, properly
ventilated, sanitary and weatherproof structure which
provides relief from exposure to severe weather conditions
and is suitable for the species, conditions and age of the
ammal(s) being kept.
k. Any public and or commercial animal keeping practice
provides a schedule for cleaning and maintaining
structures. Said schedule shall be posted on or near the
structure being maintained in a manner clearly visible to
the public.
1. No rental animal including, but not limited to, horses and
mules, shall work more than eight hours a day. There shall
be a rest period of a minimum of 15 minutes for every two
working hours. During such rest periods, the person in
charge of such rental animal shall make sufficient fresh
water available.
3. Nothing in this section shall be deemed to prohibit the use of
animal manure or droppings on any farm, garden, lawn or
ranch in a manner compatible with customary m ethods of
good horticulture.
4. Slaughtering for purposes other than for owner's consumption
shall be prohibited in all residential districts.
C. Development standards. Unless otherwise noted; the regulation of
animal densities permitted within this subsection shall not apply to
un- weaned animals or household pets. Certain omissions to the
following subsection regulations may be made when animal
keeping and related structures are sponsored by the 4 -H club,
future farmers of America or other similar nonprofit organization,
provided that a letter of authorization from the sponsoring
organization is submitted to the town acknowledging that the
project is in fact sponsored by the organization, describing the
project and stating its length of time.
1. Apiaries
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a. Beekeeping is prohibited in residential zones and or any lot
less than five acres. The keeping of any bees shall require
the construction of an apiary.
b. Colonies shall be maintained in movable- -frame hives.
c. Hives shall be erected using a hive stand which separates
........................................................................................................................................................................................................................................................................ ............................... .
the hive's bottom boards from directly contacting the
ground.
d. Colonies shall be maintained to reasonably prevent undue
swarming or aggressive behavior.
e. Colonies shall be re-- queened following any swarming or
aggressive behavior.
f. Four colonies shall be permitted for every 10,000 square
feet of parcel area.
g. Apiaries shall be set back a minimum of 100 feet from any
adjacent residential property line and a minimum of 60 feet
from all other property lines.
2. Aviaries
a. The practice of bird keeping within a primary structure
shall be limited to 15 birds and shall not require the
construction of an accessory structure and /or aviary.
b. The keeping of more than 100 hundred birds is prohibited
in and /or adjacent to a residential district.
c. No person shall keep birds outside of their primary
structure without erecting an aviary.
d. A minimum of 1.5 square feet shall be provided for each
bird.
e. Except in the AG zone, aviary length or width shall not
exceed 50 linear feet, nor shall the height exceed the
maximum height for structures of the applicable zoning
district.
f. A single aviary shall not exceed 2,000 square feet.
g. Perches shall be provided for perching species in a manner
that allows the bird(s) to stretch to its full height without its
head touching the top, or its tall touching the bottom, of the
aviary.
h. Aviaries shall be set back a minimum of 60 feet from any
property line.
L A minimum of 20 feet shall be provided between any
residential structure and aviary.
3. Stables, private
a. Minimum lot size shall be one acre.
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b. one animal shall be permitted for every 10,000 square feet
of lot area.
c. Animals shah be confined within a stock -tight fence or
corral.
d. Stables shall be setback a minimum 60 feet from all
property lines.. _ ........ ..............................
e. Corrals shall be setback a minimum 30 feet from the front
property line.
f. A minimum of 400 square feet of fenced area shall be
provided for each animal.
4. Stables, public
a. Minimum lot size shall be five acres.
b. All animal structures shall be set back a minimum of 200
feet from any adjacent residential property line and 100 feet
from all other property lines.
c. Corrals shall be set back a minimum of 30 feet from front
property line.
d. A minimum of 400 square feet of fenced area shall be
provided for each animal
5. Kennels
a. Minimum lot size shall be one acre.
b. Structures shall be set back a minimum of 60 feet.
c. Fenced area accessory to the kennel (such as but not limited
to a dog run) shall be set back a minimum of 30 feet from
any property line.
6. Fowl
a. Minimum lot size shall be one acre.
b. A maximum of 40 animals per acre shall be permitted.
c. Structures shall be set back a minimum of 60 feet from any
property line.
7. Livestock, large
a. Minimum lot size shall be one acre.
b. One animal shall be permitted for every 10,000 square feet
of lot area.
c. Animals shall be confined within astock -tight fence or
corral.
d. Animal structures shall be set back a minimum of 60 feet
from all property lines; corrals shall be set back a minimum
of 30 feet from front property line.
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e. A minimum of 400 square feet of fenced area shall be
provided for each animal.
8. Livestock, small
a. Minimum lot size shall be one acre.
.b. One animal shall be permitted for every. 5,00.0.square feet of
lot area.
c. Animals shall be confined within a stock -tight fence or
corral.
d. Animal structures shall be set back a minimum of 60 feet
from all property lines; corrals shall be set back a minimum
of 30 feet from front property line.
e. A minimum of 200 square feet of fenced area shall be
provided for each animal.
9. Ratites
a. Minimum lot size shall be two acres.
b. One ratite shall be permitted for every 10,000 square feet of
lot area.
c. Animals shall be confined within minimum six-foot-high
stock -tight fenced corrals.
d. The minimum setback for structures shall be 60 feet from.
any property line; the minimum setback for corrals is 30
feet from any property line.
1o. Riding arena, rodeo grounds
a. Minimum lot size shall be three acres for commercial and
or public arenas and grounds.
b. Minimum lot size shall be one acre for arenas and grounds
for private recreation and training.
c. Minimum required setbacks for all arenas and or rodeo
facilities such as but not limited to a chute shall be 100 feet
from any property line.
d. A minimum of 400 square feet of fenced arena or grounds
shall be provided for each animal.
e. Rodeo grounds practices and maintenance shall be
consistent with the Pima County 4 -H and FFA Livestock'
and Small Stock Show Code of Ethics.
11. Rodents
a. Minimum lot size shall be one acre.
b. A maximum of 40 animals per acre shall be permitted.
c. Structures shall be set back a minimum of 60 feet from any
property line.
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12. Swine
a. Minimum lot size shall be one acre.
b. One swine per acre shall be permitted for a parcel smaller
than five acres.
c, The minimum setback for.. a swine related structure and or
pen on a lot less than five acres shall be 100 feet from any
property line.
d. On a parcel five acres or greater, all swine related structures
and or pens shall be located on the half of the property
opposite of the highest classified street adjacent to the
subject property.
e. The minimum required setback for any pen or structure on
a lot containing five or more swine shall be 300 feet from
any property line.
f. The keeping of five or more swine shall be prohibited
within a residential district.
17 -6 -13 Building height increase
A. Building heights may be permitted to increase a maximum of 20%
as allowed the applicable zoning district, subject to the review and
approval of the council.
B. The acceptance of the increased building height must be supported
by written documentation and graphics on how the proposed
project is a superior project and provides increased development
standards and at a minimum, but not limited to, address all of the
following:
1. The proposal is consistent with the general plan.
2. with the exception of the requested building height increase,
the proposal complies with the town code, including the land
development code.
3. The site is of a sufficient size and configuration to
accommodate the design and scale of proposed development,
including buildings and elevations, landscaping, parking and
other physical features of the proposal.
4. The design, scale and layout of the proposed development will
not unreasonably interfere with the use and enjoyment of the
future residents and the neighboring existing or future
developments, will not create traffic or pedestrian hazards, and
will not otherwise have a negative impact on the aesthetics,
health, safety or welfare of neighboring uses.
5. The architectural design of the proposed development is
compatible with the character of the surrounding
neighborhood, will enhance the visual character of the
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neighborhood, and will provide for the harmonious, orderly
and attractive development of the site.
6. The design of the proposed development will provide a
desirable environment for its occupants, the visiting public and
its neighbors through good aesthetic use of materials, texture,
.......... and.... color that will remain aesthetically appealing and will
retain a reasonably adequate level of maintenance.
7. The building height increase on the proposed development is
compatible with and enhances the design of existing buildings
and other physical features of the site.
S. The building height increase will not adversely affect
viewsheds.
C. Building height increase procedure
1. An applicant shall submit all of the documents, exhibits,
information, data, and other requirements for building height
increase approval to the planning department and shall furnish
all information and materials needed to satisfy the
requirement=s of this section.
2. The applicant shall provide the planning director any
additional information, documents, or other material relevant
to the application that planning staff reasonably believes is
necessary in order for the council to evaluate, analyze, and
understand the subject matter of the application.
3. An application for building height increase shall not be
deemed to have been filed or properly submitted until all of the
above listed requirements have been complied with, as
determined by the planning director.
4. Upon receipt of all required information, planning staff shall
prepare a recommendation on an application for building
height increase and the planning director shall place the
application to the agenda of the next available regular meeting
of the council or include the request in conjunction with the
council's review of a proposed preliminary plat.
5. The council shall consider an application for building height
increase in a public meeting, but the item may be on the
consent portion of the agenda or taken in conjunction with the
approval of a preliminary plat.
17 -6.14 Medical marijuana dispensary
A. The minimum requirements of this section shall apply to any
"medical marijuana dispensary" located in any zoning district.
B. In addition to any other application requirements, an applicant for
any "medical marijuana dispensary" conditional use permit shall
provide the following:
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' ".il� ; " %:�1h i� ''•'.l \� ;:(':i t: Y:ti'i: C:: ivlf r:i": iJ i.. ::%4
1. A notarized authorization executed by the property owner,
acknowledging and consenting to the proposed use of the
property as a medical marijuana dispensary.
2. The legal name of the medical marijuana dispensary.
3. The name, address, and birth date of each officer and board
member of the nonprofit medical marijuana dispensary.
4. A copy of the operating procedures adopted in compliance
with A.R.S. § 36 -2804 (B) (1) (c ).
5. A notarized certification that none of the nonprofit medical
marijuana dispensary officers or board members has been
convicted of any of the following offenses:
a. A violent crime as defined in A.R.S. § 13- 901 (B) that was
classified as a felony in the jurisdiction where the person
was convicted.
b. A violation of state or federal controlled substance law that
was classified as a felony in the jurisdiction where the
person was convicted except an offense for which the
sentence, including any term of probation, incarceration or
supervised release, was completed ten or more years earlier
or an offense involving conduct that would be immune
from arrest, prosecution or penalty under A.R.S. § 36 -2811
except that the conduct occurred before the effective date of
that statute or was prosecuted by an authority other than
the state of Arizona.
6. A notarized certification that none of the nonprofit medical
marijuana dispensary officers or board members has served as
an officer or board member for a medical marijuana dispensary
that has had its registration certificate revoked.
7. A floor plan showing the location, dimensions and type of
security measures demonstrating that the medical marijuana
dispensary will be secured, enclosed, and locked as required by
law.
8. A scale drawing depicting the property lines and the
separations from the nearest property boundary of the parcel
containing the medical marijuana dispensary to the property
boundary of the parcel containing any existing uses listed in
paragraph D below. If any of the uses are located within 50 feet
of the minimum separation, the drawing, showing actual
surveyed separations, shall be prepared by a registered land
surveyor.
9. A notarized acknowledgment of the requirements of Pima
county code chapter 8.80 ( "medical. marijuana ").
C. A medical marijuana dispensary shall:
1. Be located in a permanent building and may not be located in a
trailer, cargo container or motor vehicle.
111 ARANA TowN C O DE 17-66 LDC RE -WRITE 1012812015 D RAFT
0002971 /
2. Not have drive- through service.
3. Not emit dust, fumes, vapors or odors into the environment.
4. Prohibit consumption of marijuana on the premises.
5. Not have outdoor seating areas.
6. Display a current . town of .... Marana. business iicense pplicablo
to a medical marijuana dispensary.
7. Have operating hours not earlier than 7:00 a.m. and not later
than 7:00 p.m.
D. A medical marijuana dispensary shall meet the following
minimum separations, measured in a straight line from the
boundary of the parcel containing the medical marijuana
dispensary to the property boundary of the parcel containing any
existing uses listed below:
1. 2,000 feet from any other medical marijuana dispensary or
medical marijuana dispensary offsite cultivation location.
2. 2,000 feet from a residential substance abuse diagnostic and
treatment facility or other residential drug or alcohol
rehabilitation facility.
3. 1,000 feet from a public, private, parochial, charter, dramatic,
dancing, music, learning center, or other similar school or
educational facility that caters to children.
4. 1,000 feet from a childcare center.
5. 1,000 feet from a public library or public park.
G. 1,000 feet from a church.
7. 1,000 feet from a facility devoted to family recreation or
entertainment.
E. A medical marijuana dispensary offsite cultivation location is
prohibited within the town limits.
F. The number of medical marijuana dispensaries permitted within
the town limits of Marana shall be limited to two. The number of
permitted medical marijuana dispensaries shall be increased by
one for each Marana population increase of 50,000 over and above
the official 2010 census figure for Marana.
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LDC RE -WRITE 1012812015 DRAFT
CHAPTER 17 -7. [RESERVED: FUTURE LOCATION OF THE
RESIDENTIAL DESIGN STANDARDS
CHAPTER]
CHAPTER 17 -8. [RESERVED: FUTURE LOCATION OF THE
COMMERCIAL DESIGN STANDARDS
CHAPTER]
CHAPTER 17 -9. [RESERVED: FUTURE LOCATION OF THE
OFF - STREET PARKING AND LOADING
CHAPTER]
CHAPTER 17 -10. [RESERVED: FUTURE LOCATION OF THE
SIGNS CHAPTER]
CHAPTER 17 -11. [RESERVED.: FUTURE LOCATION OF THE
ENVIRONMENTAL RESOURCE CHAPTER]
CHAPTER 17 -12. [RESERVED: FUTURE LOCATION OF THE
CULTURAL RESOURCES CHAPTER]
CHAPTER 17 -13. [RESERVED: FUTURE LOCATION OF THE
GRADING CHAPTER]
CHAPTER 17 -14. [RESERVED: FUTURE LOCATION OF THE
HILLSIDE DEVELOPMENT CHAPTER]
CHAPTER 17 -15. FLOODPLAIN AND EROSION HAZARD
MANAGEMENT CODE
Sections:
17 -15 -1
General information ................................ .............................68
17 --15 -2
Abbreviations and definitions ............... .............................70
17-15- -3
General provisions .................................. .............................79
17 -15 -4
Statutory exemptions .............................. .............................81
17 -15 -5
Unlawful acts ........................................... .............................
17- -15- -6
Declaration of public nuisance....... ....................................
83
17 --15 -7
Abatement of violations .......................... .............................83
17 -15 -8
Severability ............................................... .............................83
17 -15-9
Administration .............................................. . .......................
84
17- 15--10
Provisions for flood hazard reduction .. .............................88
17 -15 -11
Floodplain variance procedure ............. ............................101
17 -15 -12
Appendix 1 -- Table of regulatory peak discharges .......104
17 -15 -1 General information
A. Statutory authorization. In A.R.S. § 48- -3610, the Arizona legislature
enabled the town to adopt regulations in conformance with A.R.S.
§ 48 -3603 designed to promote the public health, safety and
general welfare of its citizenry.
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LD C RE -WRITE 1012812015 DRAFT
B. Findings of fact.
1. The flood hazard areas of the town are subject to periodic
inundation which may result in loss of life and property, health
and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection
............................and relief and impairment of the tax base, all of ....which .
adversely affect the public health, safety and general welfare.
2. Flood losses may be exacerbated by the cumulative effects of
obstructions to flow, inadequate anchoring of structures and
encroachment into the floodplain. Uses that are inadequately
flood proofed, elevated or otherwise protected from flood
damage, also contribute to the flood loss.
C. Statement of purpose. It is the purpose of this chapter to promote
the public health, safety and general welfare, and to minimize
public and private losses due to flood conditions in specific areas
by provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood
control projects,
3. To minimize the need for rescue and relief efforts associated
with flooding and generally undertaken at the expense of the
general public;
4. To minimize prolonged business interruptions;
5. To minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines, streets
and bridges located in areas of special flood hazard;
6. To help maintain a stable tax base by providing for the sound
use and development of areas of special flood hazard so as to
minimize blight areas caused by flooding;
7. To ensure that potential buyers are notified that property is in
an area of special flood hazard;
8. To ensure that those who occupy the areas of special flood
hazard assume responsibility for their actions; and
9. To maintain eligibility for disaster relief.
D. Methods of reducing flood losses. To accomplish its purposes, this
chapter includes methods and provisions for:
1. Restricting or prohibiting uses which are dangerous to health,
safety and property due to water or erosion hazards, or which
result in damaging increases in erosion or in flood heights or
velocities;
2. Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at
the time of initial construction;
. ........ .. ......... ............ .. .. ........................ ... ...................... ... ..... ........
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3. Controlling the alteration of natural floodplains, stream
channels and natural protective barriers, which help
accommodate or channel flood waters;
4. Controlling filling, grading, dredging and other development
which may increase flood damage; and
5. Preventing or regulating the eonstruci:ion. of flood barriers that
will unnaturally divert flood waters or which may increase
flood hazards in other areas.
17 -15-2 Abbreviations and definitions
A. Abbreviations. The following common abbreviations are used
throughout this chapter:
1. ADWR: Arizona department of water resources
2. BFE: Base flood elevation
3. CFS: Cubic feet per second
4. CLOMR: Conditional letter of map revision
5. EHS(L): Erosion hazard setback or erosion hazard setback limit
6. FEMA: Federal emergency management agency
7. FFE: Finished floor elevation
8. FIA: Federal insurance administration
9. FIS: Flood insurance study
10. FIRM: Flood insurance rate map
11. LOMR: Letter of map revision
12. NGVD: National geodetic vertical datum of 1929
13. NAVD: North American vertical datum of 1988
14. SFHA: Special flood hazard area
B. Definitions. Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give there the
meaning they have in common usage and to give this chapter its
most reasonable application.
1. All- weather access. Access considered traversable by normal
passenger vehicles, defined as a permanent, durable material
with adequate protection against scour and erosion and having
a depth of water no more than 12 inches above the roadway
surface during a base flood.
2. Appeal. A request for a review of the floodplain
administrator's interpretation of any provision of this chapter
or a request for a floodplain variance.
3. Area of shallow flooding. A designated AO or AH zone on a
community's FIRM with a one percent or greater annual
chance of flooding to an average depth of one to three feet
MARANA TOWN CODE 17 -70 LDC Rs- WizI7's 1012812015 DRAFT
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where a clearly defined channel does not exist, where the path
of flooding is unpredictable or where velocity flow may be
evident. Such flooding is characterized by ponding or sheet
flow.
4. Base flood. The flood having a one percent chance of being
.....................equaled or exceeded in any given year.
5. Base flood elevation (13FE). The water surface elevation
associated with the base flood.
6. Basement. Any area of a building having its floor sub -grade
(below ground level) on all sides.
7. Building. See "structure,"
S. Conditions and restrictions. Standard requirements which are
placed on a parcel of land, the development permit applicant
and the parcel owner by the floodplain administrator as a
condition of the applicant's or owner's use of the floodplain.
9. Community. Any state, area or political subdivision thereof, or
any Indian tribe or authorized tribal organization, or
authorized native organization, which has authority to adopt
and enforce floodplain management regulations for the areas
within its jurisdiction.
10. Critical facilities. Facilities that are considered critical in their
need to remain serviceable during a major flood event or that
their inundation by flood waters poses a high risk to the health,
safety or welfare of the community.
11. Detention. A drainage system which delays the downstream
progress of flood waters in a controlled manner, generally
through the combined use of a temporary storage area and a
metered outlet device which causes a lengthening of the
duration of flow and thereby reduces downstream flood peaks.
12. Development. Any man -made change to improved or
unimproved real estate, including but not limited to buildings
or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, and storage of materials and
equipment located within the area of special flood hazard.
13. Encroachment. The advance or infringement of uses, plant
growth, fill, excavation, buildings, permanent structures or
development into a floodplain, which may impede or alter the
flow capacity of a floodplain.
14. Erosion. The process of the gradual or avulsive wearing away
of land masses due to the flow of water.
15. Erosion hazard setback (EIS). A prescribed horizontal distance
measured from the primary channel bank of an incised channel
or from the design storm's water surface limits for a non-
incised channel for the purpose of providing a measure of
safety against lateral eros
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16. Existing manufactured home park or subdivision. A
manufactured home park or subdivision for which the
construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a
minimum, the installation of utilities, construction of streets
and either final site grading or the pouring of concrete slabs) is . .
.......... .............. completed before the effective date .......................... f the floodplain
management regulations adopted by the community.
17. Expansion to an existing manufactured home park or
subdivision. The preparation of additional sites by the
construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the
installation of utilities, the construction of streets and either
final site grading or the pouring of concrete pads).
18. Five hundred year flood (500-year flood). The flood having a
0.2% chance of being equaled or exceeded in any given year.
19. Flood or flooding. A general and temporary condition of
partial or complete inundation of normally dry land areas
from:
a. the overflow of flood waters;
b. the unusual and rapid accumulation or runoff of surface
waters from any source; and/or
c. the collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or
undermining caused by waves or currents of water
exceeding anticipated cyclical levels or suddenly caused by
an unusually high water level in a natural body of water,
accompanied by a severe storm or by an unanticipated
force of nature, such as flash flood or an abnormal tidal
surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in this definition.
20. Flood boundary and floodway map (FBFM). The official map
on which FEMA or FIA has delineated the areas of special
flood hazards and the floodway.
21. Flood hazard boundary map (FHBM). The official map on
which FEMA or FIA has delineated the areas of flood hazards.
22. Flood insurance rate map (FIRM). The official map on which
FEMA or FIA has delineated both the special flood hazard
areas and the risk premium zones applicable to the community.
23. Flood insurance study (FIS). The official report provided by
FIA that includes flood profiles, FIRM, FBFM and the water
surface elevation of the base flood.
24. Flood zones (FEMA defined):
a. Zone X. Area free from a base flood
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LDC RE -WRITE 1012812015 DRAFT
b. Zone X -500. Area free from a base flood due to a manmade
protective structure or an area with base flood elevations or
sheet flow elevations less than one foot. This area is also
known as shaded zone X.
c. Zone A. SFHA with no base flood elevations determined.
d. Zone AE. SFHA with base flood elevations determined by
the flood insurance study for Pima county.
e. Zone AH. SFHA with flood depths of one to three feet
(usually areas of ponding); base flood elevations
determined by the flood insurance study for Pima county.
f. Zone AO. SFHA with flood depths of one to three feet
(usually sheet flow on sloping terrain); average depths
determined. For areas of alluvial fan flooding, velocities
also determined. The FIRMs show the depth in one foot
increments and velocities in one foot per second
increments.
g. Zone AF floodway. That portion of a regulated
watercourse's SFHA which must remain clear of any
development. See also definition for floodway.
25. Floodplain or flood -prone area. Any land area susceptible to
being inundated by water from any source. This includes
FFMA special good hazard areas, areas platted on accepted
town plans as being flood prone or locally regulated areas that
may be inundated by water during a base flood.
26. Floodplain administrator. The individual appointed to
administer and enforce the Foodplami management
regulations. Unless otherwise stated, the town engineer is the
floodplain administrator.
27. Floodplain board. The council, at such times as they are
engaged in the enforcement of this chapter, which is
empowered to adopt and implement regulations to provide for
the public health, safety and general welfare of the citizens of
the town.
28. Floodplain management. The operation of an overall program
of corrective and preventive measures for reducing flood
damage, including but not limited to emergency preparedness
plans, flood control works and floodplain management
regulations.
29. Floodplain variance. A grant of relief from the requirements of
this chapter that permits construction in a manner that would
otherwise be prohibited by this chapter.
30. Floodproofing. Any combination of structural and non-
structural additions, changes or adjustments to structures
which reduce or eliminate flood damage to real estate or
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LDC RE-WRITE 1012812015 DRAFT
improved real property, water and sanitary facilities, structures
and their contents by means other than elevating.
31. Flood - related erosion. The collapse or subsidence of land along
the shore of a lake or other body of water as a result of
undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually
high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as a
flash flood or an abnormal tidal surge, or by some similarly
unusual and unforeseeable event which results in flooding.
32. Floodway. The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water
surface elevation more than a designated height. Also referred
to as "regulatory Foodway."
33. Floodway fringe. That area of the floodplain on either side of
the "regulatory Floodway" where encroachment may occur.
34. Functionally dependent use. A use which cannot perform its
intended purpose unless it is located or carried out in close
proximity to water. The term includes only docking or port
facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair
facilities, but does not include long -term storage or related
manufacturing facilities.
35. Hardship. Related to section 17 -1511 (floodplain variances) of
this chapter, means the exceptional hardship which would
result from a failure to grant the requested floodplain variance.
The floodplain board requires that the floodplain variance be
exceptional., unusual and peculiar to the property involved.
Mere economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps,
personal preferences or the disapproval of one's neighbors
likewise cannot, as a rule, qualify as an exceptional hardship.
All of these problems can be resolved through other means
without granting a floodplain variance, even if the alternative
is more expensive, or requires the property owner to build
elsewhere or put the parcel to a different use than originally
intended.
36. Highest adjacent grade. The highest natural elevation of the
ground surface prior to construction adjacent to the proposed
walls of a structure.
37. Historic structure. Any structure that is:
a. Listed individually in the national register of historic places
(a listing maintained by the department of interior) or
preliminarily determined by the secretary of the interior
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LDC RE- -WRITE 1012812015 DRAFT
(secretary) as meeting the requirements for individual
listing on the national register;
b. Certified or preliminarily determined by the secretary as
contributing to the historical significance of a registered
historic district or a district preliminarily determined by the
secretary to qualify .as a registered historic-district
c. Individually fisted on a state inventory of historic places in
states with historic preservation programs which have been
approved by the secretary; or
d. Individually listed on a local inventory of historic places in
communities with historic preservation programs that have
been certified either:
i. by an approved state program as determined by the
secretary; or
ii. directly by the secretary in states without approved
programs.
38. Levee. A man -made structure designed and constructed in
accordance with sound engineering practices to contain,
control or divert the flow of water so as to provide protection
from temporary flooding.
39. Locally regulated floodpl.ain. Floodplains in the town
associated with washes and/or sheet flow areas having a base
flood discharge of 50 cf s or more.
40. Lowest floor. The lowest floor of the lowest enclosed area,
including basement (see "basement" definition). An unfinished
or flood resistant enclosure, usable solely for parking of
vehicles, building access or storage in an area other than a
basement area is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the
structure in violation of the applicable non - elevation design
requirements of this chapter.
41. Manufactured home park or subdivision. A parcel (or
contiguous parcels) of land divided into two or more
manufactured home lots for sale or rent.
42. Market value. Market value is determined by estimating the
cost to replace the structure in new condition and adjusting
that cost figure by the amount of depreciation that has accrued
since the structure was constructed. The cost of replacement of
the structure shall be based on a square foot cost factor
determined by reference to a building cost estimating guide
recognized by the building construction industry. The amount
of depreciation shall be determined by taking into account the
age and physical deterioration of the structure and functional
obsolescence as approved by the floodplain administrator, but
shall not include economic or other forms of external
obsolescence. Use of replacement costs or accrued depreciation
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0002971 8. DOCx /1
factors different from those contained in recognized building
cost estimating guides may be considered only if such factors
are included in a report prepared by an independent
professional appraiser and supported by a written explanation
of the differences.
.43. Mean sea level. For purposes of the national flood. , insurance
program, the NGVD or NAVD, to which base flood elevations
shown on a community's FIRM are referenced.
44. New construction. For the purposes of determining insurance
rates, structures for which the "start of construction"
commenced on or after the effective date of an initial FIRM or
after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures
for which the ""start of construction" commenced on or after the
effective date of a floodplain management regulation adopted
by a community and includes any subsequent improvements to
such structures.
45. New manufactured home park or subdivision. A manuf actured
home park or subdivision for which the construction of
facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the
installation of utilities, the construction of streets and either
final site grading or the pouring of concrete pads) is completed
on or after the effective date of floodplain management
regulations adopted by the community.
46. Obstruction. Includes, but is not limited to, any dam, wall,
wharf, embankment, levee, dike, pile, abutment, protection,
excavation, channelization, bridge, conduit, culvert, building,
wire, fence, rock, gravel., refuse, fill, structure, vegetation or
other material in, along, across or projecting into any
watercourse which may alter, impede, retard or change the
direction and/or velocity of the flow of water, or due to its
location, its propensity to snare or collect debris carried by the
flow of water or its likelihood of being carried downstream.
47. One - hundred year flood (100 -year flood). A common name for
the flood having a one percent chance of being equaled or
exceeded in any given year. (See "base flood" definition)
48. Recreational vehicle. A vehicle that is:
a. Built on a single chassis;
b. 400 square feet or less when measured at the largest
horizontal projection;
c. Designed to be self - propelled or permanently towable by a
light duty truck; and
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LDC RE -WRITE 1012812415 DRAFT
d. Designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping,
travel or seasonal use.
49. Regulatory flood elevation. An elevation one foot above the
Base Flood elevation for a watercourse for which the base flood
........ elevation has been determined or as determined by the, criteria
developed by the director of ADWR for all other watercourses.
50. Regulatory floodplain. An area associated with a watercourse,
including its channel, or any other floodplain or floodprone
area that would be inundated by the Base Flood, including all
Base Floods where the loo -year peak discharge is 50 cfs or
greater.
51. Regulatory floodway. (See "floodway" definition)
52. Repetitive loss structure. A structure covered by a contract for
flood insurance issued pursuant to the FIA that has incurred
flood - related damage on two occasions during any ten year
period ending on the date of the event for which a second
claim is made, in which the cost of repairing the flood damage,
on average, equaled or exceeded 25% of the market value of the
structure at the time of each such flood event. In addition to the
current claim, the NFIP must have paid the previous qualifying
claim.
53. Retention. A drainage system which stops the downstream
progress of flood waters by employing methods of
containment and storage and uses infiltration, evaporation or
re -use to dispose of stored waters, thereby eliminating basin
contributions to the downstream flood peaks or volumes.
54. Sheet flow area. (See "area of shallow flooding" definition)
55. Special flood hazard area (SFHA). An area defined by FEMA
within a community subject to a one percent or greater chance
of flooding in any given year (base flood). These areas are
designated as Zone A, AO, AH and AE on the FIRMs, and
other areas determined by the criteria adopted by the director
of ADWR.
56. Start of construction. Includes substantial improvement, and
means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction,
rehabilitation, addition, placement or other improvement was
within 180 days of the permit date. The actual start means
either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns or any work
beyond the stage of excavation, or the placement of a
manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading
and filling, nor does it include the installation of streets and/or
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LDC RE -WRITE 1012812015 DRAFT
walkways, nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary
forms, nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means
the the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the
external dimensions of the building.
57. Structure. A walled and roofed building, including a gas or
liquid storage tank, which is principally above ground, as well
as a manufactured home. "Structure" for insurance coverage
purposes means a walled and roofed building, other than a gas
or liquid storage tank, that is principally above ground and
affixed to a permanent site, as well as a manufactured home on
a permanent foundation.. For the latter purpose, the term
includes a building while in the course of construction,
alteration or repair, but does not include building materials or
supplies intended for use in such a construction, alteration or
repair, unless such materials or supplies are within an enclosed
building on the premises.
58. Substantial damage. Damage of any origin sustained by a
structure whereby the cost of restoring the structure to its
before - damaged condition would equal or exceed 50% of the
market value of the structure before the damage occurred.
Substantial damage also means flood- related damage sustained
by a structure on two separate occasions during a rolling ten -
year period for which the cost of repairs at the time of each
such flood event, on the average, equals or exceeds 25% of the
market value of the structure before the damage occurred.
59. Substantial improvement. Any reconstruction, rehabilitation,
addition or other improvement of a structure, the cost of which
equals or exceeds 50% of the market value of the structure
before the "start of construction" of the improvement. This
term includes structures which have incurred "substantial
damage," regardless of the actual repair work performed. The
term does not, however, include either:
a. Any project for improvement of a structure to correct
existing violations of state or local health, sanitary or safety
code specifications which have been identified by the local
code enforcement official and which are the minimum
necessary to assure safe living conditions, or,
b. Any alteration of a "historic structure ", provided that the
alteration would not preclude the structure's continued
designation as a "historic structure ".
60. Violation. The failure of a structure or other development to be
fully compliant with the community's floodplain management
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regulations. A structure or other development without the
elevation certificate, other certifications or other evidence of
compliance required in this chapter is presumed to be in
violation until that documentation is provided.
61. Water surface elevation. The height, in relation to the NGVD or
NAVD of floods of various magnitudes and frequencies in the
floodplains of riverine and ponding areas. See also base flood
elevation.
62. watercourse. A lake, river, creek, stream, wash, arroyo,
channel or other topographic feature on or over which waters
flow at least periodically. Watercourse includes specifically
designated areas in which substantial flood damage may occur
(e.g. the regulatory floodplain).
1715 -3 General provisions
A. Lands to which this chapter applies. This chapter shall apply to the
following lands within the corporate limits of the town:
1. All special flood hazard areas as defined by FEMA.
2. FEMA zone X -500, also known as shaded zone X, as it pertains
to alluvial fan or sheet flooding.
3. Local, floodplains associated with washes and/or sheet flow
having a base flood discharge of 50 cfs or more.
4. Areas within the erosion hazard setback of a watercourse.
5. All floodplains /flood -prone areas and erosion hazard setbacks
identified on previously and subsequently recorded
subdivision plats.
6. All floodplains /flood -prone areas and erosion hazard setbacks
identified on previously and subsequently drainage studies
commissioned by the town engineer.
B. Basis for establishing the areas of special flood hazard.
1. The regulated areas of this chapter as outlined in subsection A
of this section are derived from a variety of sources, whose
hydrologic and hydraulic data and maps of delineation are
kept on file by the town at 11555 west Civic Center Drive,
Marana, AZ 85653, Marana municipal complex, public works
department. This information includes or will include:
a. The area of special flood hazard identified by FEMA in a
scientific and engineering report entitled "The Flood
Insurance Study (FIS) for Pima County Arizona and
incorporated areas, revised February 8, 1999," with
accompanying FIRMs dated February 8, 1999 and all
subsequent amendments and/or revisions, are hereby
adopted by reference and declared to be a part of this
chapter. The FIS, FIRMs FBFM and amendments and
corrections to the maps are all kept on file.
..-- ................. .
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b. The FIS and FIRMs may be supplemented by studies for
other areas that allow implementation of this chapter. The
floodplain board, within the limits of the town, shall
require developers to delineate, within areas where
development is ongoing or imminent, floodplains
consistent with the criteria developed by FEMA, the
............................................................................................................................................................................................................................................................. ...............................
director of water resources and the town.
c. Due to the episodic nature of natural flood events and the
resulting changes to hydrologic and hydraulic conditions
along watercourses within the town, base flood peak
discharges, flow volumes, and associated regulatory
floodplain and erosion hazard areas are subject to
continuous revision. At a minimum, base flood values and
base flood elevations shall meet or exceed the current
values established by FEMA and reflect historic flood
information and general, current watershed conditions.
Current regulatory floodplain and erosion hazard area
maps will be maintained by the floodplain administrator
for the Santa Cruz river and all watersheds which generate
regulatory flood peak discharges exceeding 5,000 cf s for the
base flood. These watersheds are listed in appendix 1 of
this chapter.
d. The floodplain administrator may accept hydrologic and
hydraulic studies prepared by an Arizona registered
professional civil engineer as a delineation of regulatory
floodplain and erosion hazard setback areas.
e. In all cases the most recently accepted information shall be
used for floodplain management.
C. Compliance. All development of land, construction of residential,
commercial or industriall structures, or future development on
lands to which this chapter applies is subject to the terms of this
chapter and other applicable regulations.
D. Abrogation and greater restrictions. This chapter is not intended to
repeal, abrogate or impair any existing easements,. covenants or
deed restrictions. However, where this chapter and another
ordinance, easement, covenant or deed restriction conflict or
overlap, the more stringent restrictions shall prevail.
E. Interpretation. In the interpretation and application of this chapter,
all provisions shall be:
1. Considered as minimum requirements,
2. Liberally construed in favor of the town; and
3. Deemed neither to limit nor repeal any other powers granted
under state statutes.
F. Disclaimer of liability. The degree of flood protection required by
this chapter is considered reasonable for regulatory purposes and
is based on scientific and engineering considerations. L arger floods
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can and will occur on rare occasions. Flood heights may be
increased by man -made or natural causes. This chapter does not
imply that land outside the special flood hazard areas or uses
permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of the
town, its officers or employees, the state of Arizona, NFIA or
....................................................................................................................................................................................................................................................... ...............................
FEMA, for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made under this
chapter.
1715 4 Statutory exemptions
A. In accordance with A.R.S. § 48- 3609(H), unless expressly provided
otherwise, this and any regulation adopted pursuant to this
chapter do not affect:
1. Existing legal uses of property or the right to continuation of
such legal use. However, if a nonconforming use of land or a
building or structure is discontinued for 12 months, or
destroyed to the extent of 50% of its value as determined by a
competent appraiser, any further use shall comply with this
article and regulations of the town;
2. Reasonable repair or alteration of property for the purposes for
which the property was legally used on July 9, 1974, or any
regulations affecting such property takes effect, except that any
alteration, addition or repair to a nonconforming building or
structure which would result in increasing its flood damage
potential by 50% or more shall be either floodproofed or
elevated to or above the regulatory flood elevation;
3. Reasonable repair of structures constructed with the written
authorization required by A.R.S. § 48- -3613; and
4. Facilities constructed or installed pursuant to a certificate of
environmental compatibility issued pursuant to A.R.S. title 40,
chapter 2, article 6.2.
B. Before any authorized construction begins for the exceptions listed
below, the responsible person shall submit plans for the
construction to the floodplain board for review and comment. In
accordance with A.R.S. § 48 -3613, written authorization shall not
be required, nor shall the floodplain board prohibit:
1. The construction of bridges, culverts, dikes and other
structures necessary to the construction of public highways,
roads and streets intersecting or crossing a watercourse;
2. The construction of storage dams for watering livestock or
wildlife, structures on banks of a watercourse to prevent
erosion of or damage to adjoining land if the structure will not
divert, retard or obstruct the natural channel of the
watercourse or dams for the conservation of floodwaters as
permitted by A.R.S. title 45, chapter 6;
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3. Construction of tailing dams and waste disposal areas for use
in connection with mining and metallurgical operations. This
paragraph does not exempt those sand and gravel operations
that will divert, retard or obstruct the flow of waters in any
watercourse from complying with and acquiring authorization
from the floodplain board pursuant to regulations adopted by
....................................................................................................................................................................................................................................................... ............................... .
the floodplain board under this chapter;
4. Other construction upon determination by the floodplain board
that written authorization is unnecessary;
5. Any flood control district, county, city, town or other political
subdivision from exercising powers granted to it under A.R.S.
title 48, chapter 21, article 1;
6. The construction of streams, waterways, lakes and other
auxiliary facilities in conjunction with development of public
parks and recreation facilities by a public agency or political
subdivision; and
7. The construction and erection of poles, towers, foundations,
support structures, guy wires and other infrastructure related
to power transmission as constructed by any utility whether a
public service corporation or a political subdivision. Buildings,
stations, and other similar structures however must comply
with standards set forth in this code for non - residential
structures.
C. In addition to other penalties or remedies otherwise provided by
law, this state, a political subdivision or a person who may be
damaged or has been damaged as a result of the unauthorized
diversion, retardation or obstruction of a watercourse has the right
to commence, maintain and prosecute any appropriate action or
pursue any remedy to enjoin, abate or otherwise prevent any
person from violating or continuing to violate this section or
regulations adopted pursuant to this article. If a person is found to
be in violation of this section, the court shall require the violator to
either comply with this section if authorized by the floodplain
board or remove the obstruction and restore the watercourse to its
original state. The court may also award such monetary damages
as are appropriate to the injured parties resulting from the
violation including reasonable costs and attorney fees.
17-15-5 Unlawful acts
A. It is unlawful for a person to engage in any development or to
divert, retard or obstruct the flow of waters in a watercourse if it
creates a hazard to life or property without securing the written
authorization required by A.R.S. § 48 -3613. where the watercourse
is a delineated floodplain, it is unlawful to engage in any
development affecting the flow of waters without securing written
authorization required by A.R.S. § 45 -3613.
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B. Any person violating the provisions of this chapter shall be guilty
of a class 2 misdemeanor. Each day that a violation continues shall
be considered a separate offense.
17-15 -6 Declaration of public nuisance
Every new structure, building, fill, excavation or development located,
or maintained within any special flood hazard area after August 8,
1973, in violation of this chapter, and without written authorization
from the floodplain board, is a public nuisance per se and may be
abated, prevented or restrained by action of the town.
17- -15-7 Abatement of violations
A. Within 30 days of discovery of a violation of this chapter, the
floodplain administrator shall submit a report to the floodplain
board which shall include all information available to the
floodplain administrator which is pertinent to the violation. Within
30 days of receipt of this report, the floodplain board shall do one
of the following:
1. Take any necessary action to effect the abatement of such
violation.
2. Issue a floodplain variance to this chapter in accordance with
the provisions of section 17- 15-11.
3. Order the owner of the property upon which the violation
exists to provide whatever additional information may be
required for their determination. Such information must be
provided to the floodplain administrator within 30 days of
such order and the floodplain administrator shall submit an
amended report to the floodplain board within 20 days. At the
next regularly scheduled public meeting, the floodplain board
shall either order the abatement of said violation or they shall
grant a floodplain variance in accordance with the provisions
of section 17- 15 -11.
4. For FEMA regulated special flood hazard areas, submit to the
administrator of FIA a declaration for denial of insurance,
stating that the property is in violation of a cited state or local
law, regulation or ordinance, pursuant to section 1316 of the
FIA of 1968 as amended.
B. The town may withhold the issuance of permits, including
building permits, native plant permits and grading permits, for the
development or improvement on the parcel or a any contiguous
parcel of land under the same ownership.
17 -15 -5 Severability
This chapter and its various parts are hereby declared to be severable.
Should any section of this chapter be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity
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of the chapter as a whole, or any portion thereof other than the section
so declared to be unconstitutional or invalid.
17-15 -9 Administration
A. Designation of the floodplain administrator. The town engineer or
his/ her...... designee.... is... hereby.....appointed...... to. administer ...... hnp ement... ................................................................................................................................................. ...............................
...... . and enforce this chapter by granting or denying floodplain use
pear its in accordance with its provisions.
B. Responsibilities of floodplain administrator. The floodplain
administrator shall:
1. Review all development permits to determine that:
a. The permit requirements of this chapter have been
satisfied;
b. All other required state and federal permits have been
obtained;
c. The site is reasonably safe from flooding; and
d. The proposed development does not adversely affect the
carrying capacity of areas where base flood elevations have
been determined but a floodway has not been designated.
For purposes of this chapter, "adversely affect" means that
the cumulative effect of the proposed development, when
combined with all other existing and anticipated
development, will increase the water surface elevation of
the base flood more than one tenth of a foot at any point
located off of the property which is to be occupied by the
anticipated development.
2. Use of other base flood data. When base flood elevation data
has not been provided in accordance with paragraph 17- 15 -3B,
the floodplain administrator shall obtain, review and
reasonably utilize any base flood elevation data available from
a federal, state or other source, in order to administer section
17- 15-10. Any such information shall be consistent with the
requirements of FEMA and the director of water resources and
shall be submitted to the floodplain board for adoption.
3. obtain and maintain for public inspection and make available
the following:
a. The certified regulatory flood elevation required in
subsection 17- 15- 10B.3.a;
b. The zone AO certification required in subsection 17-15 -
10B.30b;
c. The floodproofing certification required in subsection 17
15- 10B.3.e;
d. The certified opening elevation required in section 17-15 -
10B.3.f; and
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e. whenever a watercourse is to be altered or relocated:
i. Notify adjacent communities and ADwR prior to such
alteration or relocation of a watercourse, and submit
evidence of such notification to FIA through
appropriate notification means; and
........................................................................................................................................................................................................................................................ ...............................
ii. Require that the flood carrying capacity of the altered or
relocated portion of said watercourse be maintained.
4. Advise any appropriate adjacent jurisdictions having
responsibility for floodplain management in writing and
provide a copy of a development plan of all applications for
floodplain use permits or floodplain variances to develop land
in a floodplain or floodway within one mile of the corporate
limits of the town.
5. Advise any public entity with responsibility for floodplain
management in writing and provide a copy of any
development plan of any major development proposed within
a floodplain or floodway, which could affect floodplains,
floodways or watercourses within the entity's area of
jurisdiction. Written notice and a copy of the plan of
development shall be sent to the entity no later than three
working days after the town receives a complete application.
6. Make interpretations, where needed, as to the exact location of
the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a
mapped boundary and actual field conditions). The person
contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as
provided in section 1715 -11.
7. Take actions on violations of this chapter as required in section
1715 -7.
S. Notify FEMA and ADwR of acquisition by means of
annexation, incorporation or otherwise, of additional areas of
jurisdiction.
C. Within 120 days after completion of construction of any flood
control protective works which changes the rate of flow during the
flood or the configuration of the floodplain upstream or
downstream from or adjacent to the project, the person or agency
responsible for installation of the project shall provide to the
governing bodies of all jurisdictions affected by the project a new
delineation of all floodplains affected by the project. The new
delineation shall be done according to the criteria adopted by the
Director of Water Resources.
D. A community's base flood elevations may increase or decrease
resulting from physical changes affecting flooding conditions. As
soon as practicable, but not later than six months after the date
such information becomes available, a community shall notify the
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00029718. DOCX /I
FEMA administrator of the changes by submitting technical or
scientific data in accordance with this part. Such a submission is
necessary so that upon confirmation of those physical changes
affecting flooding conditions, risk premium rates and floodplain
management requirements will be based upon current data.
E. Establishment of floodplain use permit.
1. A floodplain use permit shall be obtained before construction
or development begins, including placement of manufactured
homes, upon any land to which this chapter applies as defined
in subsection 17- 15 --3A.
2. Application for a floodplain use permit shall be made on forms
furnished by the floodplain administrator and include, but not
be limited to:
a. Plans in duplicate drawn to scale showing the nature,
location, dimensions and elevation of the area in question
with contour lines at minimum one foot intervals
b. Datum used for plan and structures with conversion factor
between NGVD and NAVD
c. Existing or proposed structures
d. Fill
e. Storage of materials
f. Drainage facilities
g. Proposed elevation in relation to specified datum of the
lowest floor (including basement) of all structures. In zone
AO, elevation of existing highest adjacent natural grade
and proposed elevation of lowest floor of all structures
h. Proposed elevation in relation to mean sea Level to which
any non - residential structure will be flood - proofed
i. Certification by an Arizona registered professional civil
engineer or architect that the floodproofing methods for
any nonresidential structure meet the floodproofing criteria
in subsection 17- 15-10B.3.e
j. Require base flood elevation data for all subdivisions
k. Information requested by the floodplain administrator as
found on the site plan checklist used for the purpose of
floodplain management
1. Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development
m. Items required or permitted as part of state standard SS6 -05
(development of single family homes in floodplain).
3. Permit applications shall be reviewed to determine whether the
proposed site alterations and improvements will be reasonably
safe from flooding and lateral erosion and will not otherwise
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aggravate existing conditions. If a proposed development is
found to be in the path of flooding, lateral erosion or would
aggravate existing conditions, improvements shall be relocated
or adequate protective measures shall be taken to avoid
aggravating the existing conditions.
.4. Applicants for floodplain use- permits .. shall pay- a fee in .
accordance with the adopted town fee ordinance schedule.
5. Conditions and restrictions shall apply to all floodplain use
permits as administered by the floodplain administrator.
b. No permit shall be issued for any development which is not in
conformance with this chapter or any other provision of law
relating to such development. A floodplain use permit may be
denied if the proposed development constitutes a danger or
hazard to life or property. In making such a determination, the
floodplain administrator may consider the following factors,
which are not ail- inclusive:
a. The danger to life, person, or property due to increased
flood heights, velocities, or redirection of flow cause by the
development;
b. The danger that materials may be swept onto other lands or
downstream to the injury of others;
c. The proposed water supply or sanitation systems of any
development and the ability of these systems to prevent
disease, contamination and unsanitary conditions if they
should become flooded or eroded;
d. The susceptibility of the proposed development and/or its
contents to flood damage and the effect of such damage on
the individual owners;
e. The availability of alternative locations for the proposed
use on the same property which are in areas not subject to
flooding or erosion;
f. The compatibility of the proposed use with existing
regulatory floodplain uses and with floodplain
management programs anticipated in the foreseeable
future;
g. The relationship of the proposed use to any comprehensive
plan and floodplain management program for the area;
h. All- weather access to the property;
i. The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site
under both existing and proposed conditions;
j. Documentation that all necessary permits have been
obtained from state and federal agencies; and
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LDC RE- -WRITE 1412812415 DRAFT
k. Such other factors which are relevant to the purposes of this
chapter.
17-15 -10 Provisions for flood hazard reduction
A. General. The following subsections of section 17- -15 -10 contain the
............standards.... of ...construction ... for ...lands.....to....which this....chapter .applies
per subsection 1715 --3A and are further restricted or supplemented
by the requirements that follow. In all cases, impact to adjacent,
upstream or downstream properties shall be taken into account.
1. The water surface elevation may not be increased by more than
one tenth of one foot at any point located off of the property
which is to be occupied by the anticipated development.
2. The velocity of the watercourse may not be increased by ten
percent or by more than 1.0 foot per second, whichever is less.
B. Standards of construction in floodprone areas
1. Anchoring
a. All new construction and substantial improvements shall
be anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy;
b. All manufactured homes shall meet the anchoring
standards of subsection 17- 15- 10F.2.b.
2. Construction Materials and Methods
a. All new construction and
be constructed with md
resistant to flood damage;
substantial improvements shall
terials and utility equipment
b. All new construction and substantial improvements shall
be constructed using methods and practices that minimize
flood damage;
c. All new construction, substantial improvement and other
proposed new development shall be constructed with
electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from
entering or accumulating within the components during
conditions of flooding;
d. Within FEMA zones AH or AO, adequate drainage paths
around structures on slopes are required to guide
floodwaters around and away from proposed structures;
e. Structures designed or utilized for human habitation,
whether full or part time, shall only be permitted where the
product of the flow depth d, in feet, times the square of the
flow velocity v, in feet per second, of the surrounding
floodwaters of the base flood does not exceed the numerical
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LDC RE -WRITE 1012812015 DRAFT
3 ' tlx: �'i� n iti ;1y1-.:irr7:C4:,'S %s�F,� • iiT.:F F1:• % li on = y < :` \ \ \S1:ti.� -`'•v: •'•stir` ti �t,tic�•:.:. +
;.'•:��f'„'•' \: \'.�S � .:ti � " \\ � " \%J,:rr`i7�; %�ll ?.,i`o;:.[;i � §��:.r •.,v,.L� $':tiaif:��'�=�.'::�i 4_` �?t ?�
.iL�li ;i•`•?�.+'C C� - � { si ' .<•�Ci:LS: \1 �1 1 :. 1�.0 S � h' }`�`:Ci "�.�
f� \ \'`:ti � +�+?.: �tiC`ry'� f .£ <� ,.f� 4vA �:E �.� �t�E;i, � y- � \1ti < =1 � •� `� .; r:: •:�: +,� 4ti .
+� �• t` G w f.'s <SfC • 'Y.;�..rfcfi :.: � E: t� ti`\.; :t�tR .: ",'(''? .Zis,4j).i��Y },�; a
++ s•. val�u' �• �^.'`. s.. l `• zr.•: �\' r Y.. rs., r t,.:.<=.:' a ,: {.:..x..;. •.:,, ".�•.�.. r..tit..;,:�:..a. -C "•-
value of 18 (dv2 !!9 18) for a period greater than 30 minutes
in duration as determined by an Arizona registered
professional civil engineer and accepted by the floodplain
administrator and the surrounding floodwaters of the Base
Flood do not exceed three feet in depth; and
f . All structures designed or utilized..for human habitation or .
commercial enterprise, whether full or part time, located
within a floodplain or erosion hazard setback area shall
provide protection for scour and lateral erosion based upon
a scour/ erosion analysis sealed by an Arizona registered
professional civil engineer and accepted by the floodplain
administrator. In all cases scour protection shall be
designed to be a minimum of three feet below the lowest
point of the adjacent channel or thalweg.
3. Elevation and flood - proofing
a. New construction and substantial improvement of any
residential structure shall have the lowest floor, including
basement, elevated at or above the regulatory flood
elevation.
b. New construction and substantial improvement of any
residential structure in zone AO shall have the lowest floor,
including basement, elevated at least one foot Higher than
the depth number shown on the FIRM measured from the
highest existing adjacent grade or one foot higher than the
BFE from a town approved drainage study, whichever is
greater.
c. New construction and substantial improvement of any
residential structure in zone A with no base flood
elevations shall have the lowest floor, including basement,
elevated at least four feet higher than the highest existing
adjacent grade unless an engineering analysis is performed
by an Arizona registered professional civil engineer to
determine the base flood elevations, at which the
requirement will then be a minimum of one foot above the
base flood elevation.
d. New construction and substantial improvement of any
residential structure in zone X -500- alluvial fan shall have
the lowest floor, including basement, elevated at least 18
inches higher than the highest existing adjacent grade.
e. Nonresidential construction shall either be elevated in
conformance with the preceding requirements or shall,
together with attendant utility and sanitary facilities:
i. be flood- proofed so that below the regulatory flood
level the structure is watertight with walls substantially
Impermeable to the passage of water;
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LDC RE -W RITE 1012812015 D RA FT
t j `� , h -. ' S =•, Z. Lam•. :,���Ckiiwl�..��..i l \S i.: .' -•• �•',..
�c .�- :'1`y,-`. #� yt; va `.i.'��:'ftiti�" ' �r'.;.: f•`.4�F.' •.��.:;ti+�� \ -� '`. .�'.'c�;c 4J�..
;\. ti •� ".� ;'.•Cif � ••.. ):N ;.i%{ ;; :=:i�^: �.� - :c,� L� S� w.s; � �ti'. ... �. .C;.:r,.:.: �un;�x
:. @,^- �-�`?: ��� �; f' �' ''fi s: -. :.y.. .?: \ ± �S. x< • c w �.vti,S.c�..::� ti��� ��•_: ., { a��.
\�c a:� •�s��� �lr.,n.A,<r:k. c'�?: «tr: '; �.•}:'ti: ?tir„ca: �y�ti;. '':'�%:�''i;:�; �` +.
ii. have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
iii. be certified by an Arizona registered professional civil
engineer or architect that the standards of this
................Subsection are satisfied, Such,, certifications shall be
provided to the floodplain administrator.
f. All new construction and substantial improvements with
fully enclosed areas below the lowest floor that are useable
solely for parking of vehicles, building access or storage in
an area other than a basement and which are subject to
flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by an Arizona
registered professional civil engineer or architect to meet or
exceed the following minimum criteria:
i. a minimum of two openings on different sides of each
enclosed area that have a total net area of not less than
one square inch for every square foot of enclosed area
subject to flooding shall be provided;
ii. the bottom of all openings shall be no higher than one
foot above finished grade; and
openings may be equipped with screens, Louvers,
valves or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
g. Manufactured homes shall meet the above applicable
standards and also the standards in subsection 17- 15 -10F.
h. If fill is used to elevate any structure, the fill shall extend at
such elevation for a distance of at least fifteen feet beyond
the outside limit of the structure unless a study/analysis
prepared by an Arizona registered professional civil
engineer demonstrates that a lesser distance is acceptable.
L Upon the completion of the structure and prior to the
issuance of a certificate of occupancy the elevation of the
lowest floor including basement shall be certified by an
Arizona registered professional civil engineer or surveyor
and provided to the floodplain administrator.
C. Standards for storage of materials and equipment
1. The storage or processing of materials that are, in time of
flooding, buoyant, flammable, explosive or could be injurious
to human, animal or plant life is prohibited.
2. Storage of other material or equipment may be allowed if not
subject to major damage by floods and if firmly anchored to
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LDC RE-WR 1912812915 D RAFT
prevent flotation, or if readily removable from the area within
the time available after flood warning.
3. Storage of materials and equipment is further restricted in the
floodway per subsection 17- 15 -10J.
D. Standards for utilities
1. All new or replacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate infiltration
of flood waters into the system and discharge from systems
into flood waters.
2. On -site waste disposal systems shall not be located in a
floodplain or erosion hazard setback area if a more suitable
area exists on the parcel.
3. Waste disposal systems shall not be installed wholly or
partially in a regulatory floodway. Crossings are allowed if
buried at least one foot below the calculated scour depth as
determined in a study/ analysis prepared by an Arizona
registered professional civil engineer.
4. Utilities shall be buried at least two feet below the calculated
scour depth as determined in a study/ analysis prepared by an
Arizona registered professional civil engineer.
E. Standards for subdivisions and commercial developments
1. All preliminary subdivision plats and development plans shall
delineate the FEMA SFHA, floodway if applicable, locally
regulated floodplain, erosion hazard setback areas, and Base
Flood elevations. The pre- and post - development conditions
shall be shown.
2. All final subdivision plats shall provide the elevation of each
proposed structure and pad affected by or adjacent to flood
hazards. If the site is filled above the base flood, the final
lowest floor and pad elevation shall be certified by an Arizona
registered professional civil engineer or surveyor and provided
to the Floodplain Administrator. All final subdivision plats
shall delineate the FEMA SFHA, floodway if applicable, locally
regulated floodplain and erosion hazard setbacks in a
surveyable manner and sealed by an Arizona registered land
surveyor.
3. All improvement plans relating to grading, paving, sewer or
drainage shall delineate the FEMA SFHA, locally regulated
floodplain, erosion hazard setback areas and base flood
elevations. The pre- and post-development conditions are to be
shown.
4. All subdivision and commercial development proposals shall
be consistent with the need to minimize flood damage.
5. All subdivision and commercial development proposals shall
have public utilities and fa cilities such as sewe gas, electrical
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LDC RE-WRITE 1012812015 DRAFT
and water systems located and constructed to minimize flood
damage.
b. All subdivisions and commercial developments shall provide
adequate drainage to reduce exposure to flood hazards.
7. All subdivisions with a minimum lot size of 16,000 square feet
or less shall e p atte su . ch at , loc ally regu a e
floodplains, and erosion hazard setback areas are not Located
on individual lots. Such areas shall be contained within
common areas.
S. All subdivisions with a minimum lot size greater than 16,000
square feet shall show buildable pad areas for each lot in which
a FEMA SFHA, locally regulated floodplain or erosion hazard
setback appears on individual lots. Pad elevations,
encroachments, and/or erosion hazard setback protective
measures shall be designed by an Arizona registered
professional civil engineer as part of the project.
9. When a modification or removal of a FEMA SFHA is sought for
a development, the following requirements apply:
a. A hydraulic analysis and engineering plans for the
modifications must be accepted by the floodplain
administrator. New delineations of the floodplain
conditions shall be prepared in conformance with the
requirements of FEMA for LOMRs, the state director of
water resources, and the town.
b. A CLOMR must be submitted to and accepted by FEMA
prior to the recording of a final plat for subdivisions.
c. A CLOMR must be submitted to and accepted by FEMA
prior to construction of physical improvements.
d. Subdivision lots to be affected by a LOMR will not be
partially released from assurance agreements or have
certificate of occupancies granted until the LOMR has
become effective.
e. Commercial/ industrial buildings to be affected by a LOMR
shall not be granted a floodplain use permit until the
LOMR has become effective, unless the building as
designed meets the requirements of this chapter for the pre -
LOMR conditions.
f. Any flood control infrastructure necessary to achieve a
LOMR must also have a flood control and maintenance
easement dedicated to the Town that allows for inspection
of said infrastructure and at the Town's sole discretion the
right to repair the infrastructure. The development shall be
responsible for maintenance of the infrastructure. Failure to
maintain flood control infrastructure on the part of the
development shall be a violation of this code.
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10. All subdivisions and commercial/ industrial developments
shall provide all weather access in accordance with subsection
17- 15 -10M.
F. Standards for manufactured homes and manufactured home parks
or subdivisions.
1. Manufactured homes and manufactured home parks or
subdivisions must meet other applicable requirements of
section 1715 -10 that have not been supplemented or revised by
this subsection.
2. All manufactured homes and substantially improved
manufactured homes located within lands to which this
chapter applies per subsection 17- 15--3A shall be required to
comply with the following:
a. Be elevated so that the bottom of the structural frame or the
lowest point of any attached appliances, whichever is
lower, is at or above the regulatory flood elevation; and
b. Be securely anchored to resist flotation, collapse or lateral
movement by one of the following methods:
i. Provision of an anchoring system designed to
withstand horizontal forces of 25 pounds per square
foot and uplift forces of 15 pounds per square foot; or
ii. Provision of over and frame ties to ground
anchors, specifically:
a) over- the -top ties shall be provided at each of the
four corners of the manufactured home, with two
additional ties per side at intermediate locations,
except that manufactured homes less than 50 feet
long require only one additional tie per side; and
b) Frame ties shall be provided at each corner of the
home with five additional ties per side at
intermediate points, except that manufactured
homes less than 50 feet long require only four
additional ties per side; and
c) All components of the anchoring system shall be
capable of carrying a force of 4,800 pounds.
3. All manufactured home parks or subdivisions located within
lands to which this chapter applies per section 17-15 -3A shall
be required to comply with the following:
a. All manufactured homes shall be placed:
i. on pads or lots elevated on compacted fill so that the
bottom of the structural frame and any attached
electrical appliances is at or above the regulatory flood
elevation; or
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LDC RE -WRITE 1412812015 DRAFT
ii. on stem walls or pilings so that the bottom of the
structural frame and any attached electrical appliances
is at or above the regulatory flood elevation.
b. Lots shall be large enough to permit steps.
c. Pilings or stem wall shall be placed in stable soil.
d. Pilings shall be no more than ten feet apart.
4. Certification that the installation of a manufactured home
meets all of the requirements of this section is required. Such
certification shall be provided by the person installing the
manufactured home, the owner, the developer of a
manufactured home park or subdivision, or an agency
regulating manufactured home placement, whichever is
deemed appropriate by the floodplain administrator.
Certification of finished floor elevation shall be in accordance
with section 17- 15- 105.3.1.
G. Standards for recreational vehicles. All recreational vehicles placed
on site shall either:
1. Be on site for fewer than 180 consecutive days, and be fully
licensed and ready for highway use. (a recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions );
or
2. Meet the permit requirements of subsection 17 -15 -9E of this
chapter and the elevation and anchoring requirements for
manufactured homes in subsection 17-15-10F.
H. Standards for critical facilities. Critical facilities shall be regulated
to withstand the 500 -year event. Critical facilities shall be required
to meet the following requirements:
1. Structures or facilities that produce, use or store more than
100,000 gallons of highly volatile, flammable, explosive, toxic
and/or water - reactive materials shall be located outside of the
500-year FEMA floodplain (shaded zone X) and locally
regulated floodplain calculated at the 500 year interval.
2. Public and private utility facilities that are vital to maintaining
or restoring normal services to flooded areas before, during
and after a flood shall be located outside of the FEMA special
flood hazard area and the locally regulated floodplain. Such
facilities shall be designed to avoid the 500 -year floodplain or
certify the safety of the development per subsection 17 -15-
10H.4.
3. Police stations, fire stations, hospitals, nursing homes, assisted
living homes, public vehicle and equipment storage facilities,
emergency operations centers and schools designated to be
used as temporary shelters shall be located outside the FEMA
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LDC RE -WRITE 1012812015 DRAFT
special flood hazard area and the locally regulated floodplain.
Such facilities shall be designed to avoid the 500 -year
floodplain or certify the safety of the development per
subsection 17- 15- 10H.4.
4. The developers of critical facilities referenced in subsections 2
and 3 above shall certify the safety of the development by
providing the following information to the satisfaction of the
floodplain administrator:
5. Freeboard requirements shall be such that the finished floor
elevation shall be elevated one foot above the 500 -year water
surface elevation.
6. Developer shall delineate any 500 -year floodplains and the
respective erosion hazard setback areas within 200 feet of the
parcel or development.
7. The 500 -year water surface elevations shall be delineated by
the developer on the preliminary/ final plats, development
plans and improvement plans.
8. Toe downs and bank protection shall be designed to withstand
the Soo -year flood.
I. Standards for excavations, including sand and gravel operations.
1. Excavations, including sand and gravel operations may be
permitted provided the following minimum conditions are met
in addition to any other requirements per the town code.
Additional conditions apply for operations occurring within a
regulatory floodway as required in subsection 17-- 15-10J.
2. Extraction of sand, gravel and other materials is allowed
provided that excavations are not so located or of such depth,
or width, or length or combination of depth - width - length as to
present a hazard to structures (including but not limited to
roads, bridges, culverts, and utilities), to the banks of
watercourses, to other property, or which adversely affects
groundwater recharge.
3. No stockpiling is permitted within special flood hazard areas
of materials or tailings that may obstruct, divert, or retard the
flow of floodwaters except as reviewed and accepted by the
floodplain administrator on an individual floodplain use
permit basis.
I Due to the rapidly changing hydraulic characteristics of
watercourses in the town, and the effects excavations have on
these characteristics, floodplain use permits for excavations
shall only be issued for a limited time period not to exceed one
year, subject to annual renewal and review by the floodplain
administrator. Renewals will only be granted after receipt and
acceptance of a report by the operator showing that the sand
and gravel excavations remain in compliance with the
conditions of the previous floodplain use permit, cu .................................................................. .. ---------------
. ...
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LD C RE -WRITE 1012812015 DRAFT
floodplain conditions and all current related floodplain
management regulations.
5. In addition to those conditions provided for elsewhere,
floodplain use permits for excavations may impose site specific
conditions based upon hydraulics and sediment transport
regarding the area and.... location ,, in , which excavations are
allowed, the maximum amount of material to be excavated,
and other reasonable restraints on the methods of operating in
relationship to the floodplain conditions.
6. The floodplain administrator may require hydrologic,
hydraulic and geomorphic analyses addressing the existing
conditions as well as the impacts under the proposed method
of operation.
J. Floodway requirements
1. Located within special flood hazard areas established in
subsection 1715 -3B are areas designated as floodways. The
floodway is an extremely hazardous area due to the velocity of
floodwaters which carry debris, potential projectiles and
erosion potential. Encroachments are prohibited in the
floodway, including fill, new construction, substantial
improvements and other development. The following
subsections clarify how the floodway may be developed.
2. The following open space uses are permitted within the
floodway to the extent that they are not prohibited by any
provision of this Title or any other ordinance, law or
regulation, and provided they do not require fill., excavation, or
the storage of materials or equipment:
a. Agricultural uses, including general farming, pasture,
grazing, outdoor plant nurseries, horticulture, viticulture,
truck farming, sod farming, and wild crop harvesting.
b. Industrial - commercial uses such as loading areas, airport
landing strips, and parking areas.
c. Private and public recreational uses, including golf courses,
tennis courts, driving ranges, archery ranges, picnic
grounds, boat launch ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges,
hunting and fishing areas, hiking and horseback riding
trails.
d. Accessory residential uses, including lawn gardens,
parking areas and play areas.
e. Excavations, including sand and gravel operations may
occur in the floodway under the following conditions in
addition to those required in subsection 17 -15 -101:
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LDC RE -WRITE 7412812015 DRAFT
f. There shall be no stockpiling of materials or tailings within
the floodway.
g. Excavations may be allowed only in those reaches of
watercourses which have, at a minimum, a balanced
sediment system, that is, the sediment coming into the
.......... reach is equal to or greater than the sediment leaving the
reach and the long term sediment balance for the entire
river system indicates that the stream channel will aggrade.
h. Flood control structures designed to protect life or property
from the dangers or hazards of floodwaters are permitted
provided all other provisions of this chapter are met.
L No use shall be allowed which:
i. Acting alone or in combination with existing or future
uses creates danger or hazard to life or property. In
determining whether a use creates a danger or hazard
to property, the floodplain administrator may require a
certification by an Arizona registered professional civil
engineer that the proposed use will not result in any
increase in the floodway elevations during the
occurrence of the base flood nor will the proposed use
divert, retard or obstruct the flow of flood waters.
ii. Increases the regulatory floodway elevation.
iii. Adversely effects groundwater recharge.
iv. Increases erosion potential upstream and /or
downstream.
v. Places a waste disposal system wholly or partially in a
floodway.
K. Erosion hazard setback requirements
1. Close proximity to watercourses poses a hazard to
development due to lateral erosion. Per subsection 17- 15 -3A,
the erosion hazard setback area of a watercourse is a land
covered by this chapter.
2. Along natural watercourses where unusual geology, sinuosity
or similar physical conditions exist, the erosion hazard setback
shall be established on a case -by -case basis by the floodplain
administrator, unless an engineering study is done to establish
the limits by an Arizona registered professional civil engineer
and accepted by the floodplami administrator.
3. Along incised natural watercourses where no unusual geology,
sinuosity or similar conditions exist, a standard setback
measured from the top of the primary channel bank shall be
provided at the time of development. The setback may be
reduced by an engineering analysis performed by an Arizona
registered professional civil engineer and accepted by the
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LDC RE- WRI'T'E 1412812015 DRAFT
;`v..r.rv:::'r- .�,.-'•:.;.•y �:.`�i %a ?r` r.. h ^w[�.�<<:C tw3:.:�` :2ti {�
�!�r�4�,�C�`�rr� ^.. -rr.+ r...� -,J y�.,. •hc. :• _�4 `tY�Slf �.. h..;.. �� :; < ti���
f1 %� \F•4 � ii � lr \")1 �:�' %•� Y \r� 54 �3�. �C 4 4 ti �R ; =`v
• ?- �:;1 ;:'i;¢ > <...ww. ;• �. cCr;...: r..,:- 1: ��k: 5„-. iy.' .i ..1.'��t�.-- a�..2�- `0 ;4�ii�' :�.'.� �3: `.ti5 ° `c .S�:.. i `, - 1�fC ..
floodplain administrator in accordance with subsection 17-15-
10K.4.
4. Along non-incised natural watercourses (i.e. sheet flow areas)
where no unusual geology, sinuosity or similar conditions
exist, a standard setback measured from the base flood limits
.......... shall be prov at the time of development. The setback may
be reduced by an engineering analysis performed by an
Arizona registered professional civil engineer and accepted by
the floodplain administrator in accordance with subsection 17-
15- 10K.4.
5. Standard erosion hazard setbacks may be reduced by an
engineering study performed by an Arizona registered
professional civil engineer and accepted by the floodplain
administrator. The reduced setbacks shall not fall below
minimum allowable erosion hazard setbacks unless the study
also includes an analysis performed by an Arizona registered
professional geological engineer. The following table shows the
standard and minimum allowable setbacks when no physical
construction is made to prevent erosion hazard:
Base flood flow rate
(cfs)
Standard erosion
hazard setback (feet)
Minimum allowable
erosion hazard
setback (feet)
<500
25
15
500 to 1
50
25
2,000 to 4,999
75
45
5 to 9
100
70
10,000 and greater
Santa Cruz River
250
500
175
350
L. Detention and retention requirements
1. Any development with a net residential density of three or
more units per acre after subtracting out common areas, or any
residential development larger than one acre that has a density
of six units per developed acre, as well as all proposed
commercial and industrial developments shall provide some
method of peak and /or volumetric runoff reduction. The
amount of reduction is stipulated in the 1991 edition of the
Pima county storm water detention/ retention manual. The
peak runoff reduction shall be provided through detention of
storm water and storm water harvesting for irrigation where
possible.
2. Balanced and critical drainage basins are watersheds that have
been identified by the chief engineer of the Pima county flood
control district on a 1987 map as unsuitable for increased
development because of the high probability of increased
flooding with development and the potential for flooding of
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LDC R -W RITE 1 01812015 DRA
existing improvements or property. The floodplain
administrator shall maintain this map of critical and balanced
basins within the jurisdictional limits of the town. Drainage
basins that have not previously been identified as unsuitable
for additional urban development shall be considered balanced
basins, but upon study by the floodplain administrator, may be .. ......... .........
. ......... classified as critical basins. Critical and balanced basins may be
developed further only upon the incorporation of adequate
detention systems or flood control facilities, as reviewed and
accepted by the floodplain administrator. These detention
systems or flood control facilities shall be incorporated into any
and all future basin - development proposals, regardless of size
or land -use density.
3. Structural flood control measures may be proposed in
conjunction with, or in place of detention/ retention systems if
it can be clearly demonstrated that such measures will not alter
the water and sediment equilibrium of the affected
watercourse, and will mitigate environmental impacts.
Structural flood control measures, such as channelizati.on to a
logical conclusion downstream of the proposed development
and/or improvements to existing offsite flood control systems
within the applicable drainage or stream reach, shall be
completed 'in accordance with plans reviewed and accepted by
the floodplain administrator.
4. Localized areas lacking sufficient improved or natural
receiving waters into which runoff may be discharged may be
required to follow alternative drainage solutions including
complete retention practices as directed by the town engineer.
5. A fee may be collected by the town in lieu of
detention/ retention system when it can be clearly
demonstrated that the detention at the site does not provide
offsite flood relief due to the parcel size, location within the
drainage basin, or other factors. The fees collected will be used
to construct public flood control Improvements that will
mitigate the potential damage of flood waters originating from
the property contributing the fees. In balanced and critical
drainage basins, and where development is less than three
units per acre, use of a fee system will be encouraged in lieu of
a detention system to preserve the natural drainage patterns.
The fee shall be equivalent to the cost of a detention system
that would otherwise be constructed for the development to
:mitigate increased storm water runoff created by the proposed
development.
M. Access requirements
1. Development shall provide all- weather access in accordance
with the following requirements:
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LDC RE -WRITE 1012812015 DRAFT
a. Developments that fall under the requirements of
subdivisions of ten or fewer lots shall provide all- weather
access from each lot to the subdivision entrance. All -
weather access shall be constructed from the subdivision
entrance to the nearest paved public roadway. This
requirement may be waived if the following criteria is met:
L Subdivision is characterized as a residential subdivision
ii. Subdivision is of a rural character, with minimum lot
sizes of 36,000 square feet
iii. If, in the determination of the floodplain administrator,
it is not reasonably feasible to construct such access to
the subdivision entrance
iv. Subsection 17-15- -10M.2 provisions are utilized.
b. All subdivisions that do not fall under the preceding
requirements shall provide all - weather access from each lot
to a paved public right of way. A subdivision with more
than one access to a paved public roadway need only have
one all- weather access.
c. All commercial developments shall provide ail- weather
access from a paved public roadway to all public portions
of their site. Nonpublic portions of a commercial
development that are not all- weather access shall be gated
and signs posted in accordance with subsection 17 -15-
10M.2.
d. Private residential construction not part of a recorded
subdivision shall construct an all- weather access from the
property boundary to a paved public roadway. If in the
determination of the floodplain administrator it is not
reasonably feasible to construct such access to the property,
then subsection 17- 15 -10M.2 provisions may be utilized.
2. The floodplain administrator may allow certain exemptions to
all-- weather access as stated in the preceding section. A
condition of allowing this exemption is that the owner shall
execute and record a covenant running with the land
enforceable by the town which contains the following:
a. An acknowledgement that the vehicular access may be
impassable to conventional motor vehicles and emergency
vehicles in times of flooding,
b. A hold harmless provision, holding the town, its agents, the
floodplain management board harmless from and against
all injuries and damages resulting from the traversing or
attempting to traverse the vehicle access during times of
flooding, and
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LDG RE-WRITE 1012812015 DRAFT
c. The covenant, successors and assigns shall erect and
maintain a sign(s) in a location(s) and size(s) acceptable to
the town stating "DO NOT ENTER WHEN FLOODED"
17 -15 -11 Floodplain variance procedure
A. Nature of floodplain variances
1. Floodplain variances pertain to a piece of property and are not
personal in nature. A floodplain variance may be granted for a
parcel of property with physical characteristics so unusual that
complying with the requirements of this chapter would create
an exceptional hardship to the applicant or the surrounding
property owners. The characteristics must be unique to the
property and not be shared by adjacent parcels. The
characteristic must pertain to the land itself, not to the
structure, its inhabitants or the property owners.
2. Floodplain variances from the flood elevation or from other
requirements in this chapter shall be granted only in rare
situations. The long -terra goal of preventing and reducing
flood loss and damage can only be met if floodplain variances
are strictly limited. Therefore, the floodplain variance
guidelines provided in this chapter are more detailed and
contain multiple provisions that must be met before a
floodplain variance can be properly granted. The criteria are
designed to screen out those situations in which alternatives
other than a floodplain variance are more appropriate.
B. Appeal board
1. The floodplain board of the town of Marana shall hear and
decide appeals and requests for floodplain variances from the
requirements of this chapter.
2. The floodplain board shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or
determination made by the floodplain administrator in the
enforcement or administration of this chapter.
3. In considering applications, the floodplain board shall consider
all technical evaluations, all relevant factors, standards
specified in other sections of this chapter, and:
a. The danger that materials may be swept onto other lands to
the injury of others;
b. The danger of life and property due to flooding or erosion
damage;
c. The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the
individual owner;
d. The importance of the services provided by the proposed
facility to the community.
MIARANA TowN CODE
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LDC RE -WRITE 1012812015 DRAFT
e. The necessity to the facility of a waterfront location, where
applicable;
f. The availability of alternative locations for the proposed
use, which are not subject to flooding or erosion damage;
g. The compatibility of the proposed use with existing and
anticipated development;
............................................................................ ...............................
h. The relationship of the proposed use to the comprehensive
plan and floodplain management program for that area;
i. The safety of access to the property and all of its habitable
structures in time of flood for ordinary and emergency
vehicles;
j. The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site;
anal,
k. The costs of providing governmental services during and
after flood conditions, including maintenance and repair of
public utilities and facilities such as sewer, gas, electrical,
water system and streets and bridges.
4. Upon consideration of the factors of subsection 3 and the
purposes of this chapter, the floodplain board may attach such
conditions to the granting of floodplain variances as it deems
necessary to further the purposes of this chapter.
5. Any applicant to whom a floodplain variance is granted shall
be given written notice over the signature of a community
official that:
a. The' issuance of a floodplain variance to construct a
structure below the base flood level will result in increased
premium, rates for flood insurance coverage;
b. Such construction below the base flood level increases risks
to life and property; and
c. The Land upon which the floodplain variance is granted
shall be ineligible for exchange of state land pursuant to the
flood relocation and land exchange program provided for
by A.R.S. title 26, chapter 2, article 2. A copy of the notice
shall be recorded in the office of the Pinta County Recorder
and shall be recorded in a manner so that it appears in the
chain of title of the affected parcel of land.
6. The floodplain administrator shall maintain a record of all
floodplain variance actions, including justification for their
issuance and report such floodplain variances issued in its
biennial report submitted to FEMA.
C. Conditions for floodplain variances.
1. F000dplain variances may be issued for the repair,
rehabilitation, restoration, or floodproofing of structures listed
MARANA TowN CODE
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LDC RE- WRITE 1012812015 DRAFT
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t:Cv Ls:.�:>.�....':ti. .ti .�.. ,.r:.� . <Fr� >ij`.`'�'r''f''\4':f�: - cti�^�;�
��l�.Y�r�.`hl� -- :• • / ;e ms '[ a . S
::4fu' +.�HV��1 ": i\ �'1ifyi ';'•l�: -� 'l.fri : vr.�Z'�:� �:y v iii \� �:�.`.ti4h.]�.}`.:
• rG� „i;�.. a� ��•:�ti�:: e�Fw. %'``. y ^`:i;iY� "� ; .4.:x :.t�;���.5��`i �`�r -i,?v\ �?
�� ��'�- a\ ti �. • L� ,t: Si •. x;1.7; " ti \ti vtiti�`��,2 Wit:• $.
in the national register of historic places or the state inventory
of historic places, upon a determination that the proposed
repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the floodplain
variance is the minimum necessary to preserve the historic
character. and .design of the structure.
......... ....
2. Floodplain variances may be issued for accessory structures
used solely for limited storage that have a size of less than 150
square feet, provided that the following requirements are met:
a. Structure is anchored to resist flotation, collapse and lateral
movement;
b. The portions of the structure located below the BFE are
constructed of flood resistant materials;
c. The structure is designed to allow for the automatic entry
and exit of flood waters;
d. Any mechanical, utility or electrical equipment is elevated
or floodproofed above the BFE; and
e. The structure does not violate any floodway requirements.
3. Floodplain variances may be issued for agricultural structures
whose use is exclusively in connection with the production,
harvesting, storage, drying, or raising of agricultural
commodities, including the raising of livestock, such as pole
and pre - fabricated metal structures, grain bins and corn cribs
provided that the following requirements are met:
a. The structure is designed in a manner that results in
minimal damage from flooding;
b. The contents stored in the structure will create no
additional threat to the public;
c. The structure is designed to allow for the automatic entry
and exit of flood waters;
d. Any mechanical, utility or electrical equipment is elevated
or floodproofed above the BFE; and
e. The structure does not violate any floodway requirements.
4. Floodplain variances shall not be issued within any designated
floodway if any increase in flood levels during the Base Flood
discharge would result.
5. Floodplain variances shall only be issued upon a determination
that the floodplain variance is the minimum necessary,
considering the flood hazard, to afford relief.
6. Floodplain variances shall only be issued upon:
a. A showing of good and sufficient cause;
N ARANA TowN CO DE
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b. A determination that failure to grant the floodplain
variance would result in exceptional hardship to the
applicant;
c. A showing that the use cannot perform its intended
purpose unless it is located or carried out in close proximity
to water. This includes only facilities defined in section 17-
15 -2 of this chapter in the definition of "functionally
dependent use "; and,
d. A determination that the granting of a floodplain variance
will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or
conflict with existing local laws or ordinances.
17 -15 -12 Appendix 1 - Table of regulatory peak discharges
Note: List is not all inclusive; remaining watersheds area also
subjected to Marana floodplain and erosion hazard management code
restrictions. Listed discharges are subject to review and revision due to
urbanization and improvements. Check with the town engineer before
their use.
WATERCOURSE
REGULATORY
DESIGN
Blanco Wash @ Los Robles Wash
17,000
22,000
Brawley Wash @ Los Robles Wash
35,000
40,000
Lardy Wash @ Camino De Oeste Road
4,536
Little Brawley Wash @ 32d7'25"
13,440
Los Robles Wash @ Blanco Wash
37,000
42,000
Picture Rock Wash @ Picture Rocks
3,479
Road
Canada Del Oro Wash @ Thornydale
28,000
33,000
Rillito River @ I -10
32,000
38,000
Santa Cruz River @ Cortaro Road
70,000
80,000
Tortolita Fan: Canada Agua Canyon @ I-
5
10
Tortolita Fan: Cochie Canyon @ I -10
5
Tortolita Fan: Cottonwood Canyon @ I-
5
10
Derrio Canyon @ I -10
5
Eastern Limit of Fan @ I -10
4,084
Guild Canyon @ I -10
4,561
Ruelas Canyon @ I -10
4,604
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/� `.•f. / /.i �� 4Ci.�' +s: -', ���-: k: �S�-.`_` :�CS`._,4T.L,`:= ,:.•r:.,,:,•yc; f�:..r�.: 1' +� -�.w `�'
! �.' r :' ✓l,•' { 4 L ` � � 1i ,'•�vt(:i�l,rr, .`: ;f '� ���� �.f .\.fir [
r f' /.,? f . , pL` ". S;: �c. �,�� •..:�SCe, t�' :35.x., r, r :•• >, .,.
�f�•:�:.5 ?r {•tir�rt,��ti' "`, �titi 1� ti�a�i •.. {:iti:�: �_j��r: frw�:r�Yf {��.M1 wz:r. - Src .
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�': � � ; Cr� 4f : �- {::i`?;;;; : ii�� \���.�....;� u�:�`.v�: �. ��:::' art ti "S•''; � -. , �• -:i: � %'•`,•�:•S'�..�.,
WATERCOURSE
REGULATORY
DESIGN
Prospect Canyon @ I--10
4,340
Wild Burro @ 1 -10
5,831
Unless otherwise noted, design discharges shall be 20 % greater than
.regulatory discharges.
CHAPTER 17 -16. STORMwATER MANAGEMENT
Sections:
17 --16 -1 General provisions .. ............................... ............................105
17 -16 -2 Prohibitions and controls to reduce the discharge of
pollutants in stormwater ....................... ............................111
17 -16 -3 Compliance monitoring ......................... ............................118
17-16 -1 General provisions
A. Purpose. These regulations establish min imum stormwater
management requirements for the management of pollutants that
are or may be discharged to the municipal storm sewer system..
The purpose is to improve the quality of stormwater discharges
and to enable the Town to comply with all applicable state and
federal laws, including but not limited to, the clean water act (33
U.S.C. § 1251 et seq.), the national pollutant discharge elimination
system regulations (40 CFR, Part 122), and the towns Arizona
pollutant discharge elimination system (AZPDES) MS4 general
permit (Ariz. admin. code R18- 9- A902).
B. Definitions. Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this chapter, shall have the
meanings set forth in this paragraph. where noted, the definitions
shall correspond with the applicable section of the Arizona revised
statutes as amended.
1. ADEQ: Arizona department of environmental quality,
regulatory entity of the state of Arizona responsible for
administering various federal and state environmental laws
and programs, including most water quality programs, air
quality, and waste programs.
2. AZPDES permit: Arizona pollutant discharge elimination
system - any permit issued by the Arizona department of
environmental quality delegated pursuant to 33 U.S.C.
§ 1342(b) that authorizes the discharge of pollutants to waters
of the United States, whether the permit is applicable on an
individual, group, or general area -wide basis in compliance
with the clean water act (CWA).
3. BMPs, best management practices: Schedules of activities,
prohibitions of practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of
pollutants to waters of the United States. BMPs also include
treatment requirements, operating procedures, and practices to
MARANA TowN CODE 17 -105 LDC RE -WRIT 10128 X015 DRAFT
04029718. DOCX / 1
control plant site runoff, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage.
4. CGP: Construction general permit
5. Common plan of development: A smaller project is part of a
larger common plan of development or sale if the project
....................................... ............................... ........................................................................................ ...............................
collectively will disturb one or more acres, e.g., a single private
or commercial lot that is part of a subdivision or commercial
development.
G. Contractor: Synonymous with the term "builder" and means
any person, firm, partnership, corporation, association or other
organization, or a combination of any of them, who, for
compensation, undertakes to or offers to undertake to,
purports to have the capacity to undertake to, submits a bid or
responds to a request for qualification or a request for
proposals for construction services to, does himself or by or
through others, or directly or indirectly supervises others to:
a. Construct, alter, repair, add to, subtract from, improve,
move, wreck or demolish any building, highway, road,
railroad, excavation or other structure, project,
development or improvement, or to do any part thereof,
including the erection of scaffolding or any other structure
or work in connection with the construction.
b. Connect such structure or improvements to utility service
lines and metering devices and the sewer line.
c. Provide mechanical or structural service for any such
structure or improvements. A.R.S. § 32- 1101(3).
7. CWA, clean water act: The federal water pollution control act,
as amended, 33 U.S.C. 1251 et. seq.
8. Developer: Any person, group or entity proposing or
constructing a development as defined by the land
development code.
9. Discharge: Any addition of any pollutant to waters of the
United States from any point source. A.R.S. § 49 -255 (2).
10. EPA: The United States environmental protection agency
charged with primary enforcement of the clean water act
(CWA).
11. Final stabilization: means that either:
a. All soil disturbing activities at the site have been completed
and either of the two following criteria are met:
i. A uniform (e.g., evenly distributed, without large bare
areas) perennial vegetative cover with a density of 70%
of the native background vegetative cover for the area
has been established on all unpaved areas and areas not
covered by permanent structures, or
------------------ ----
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ii. Equivalent permanent stabilization measures (such as
riprap, gabions, or geotextiles) have been employed.
b. When background native vegetation will cover less than
100% of the ground (e.g., and areas, beaches), the 70%
coverage criteria is adjusted as follows: if the native
...................vegetation covers 50 % of the ground, -70 of 50 % ..(.70 x .50
.35) would require 35% total cover for final stabilization.
Can a beach with no natural vegetation, no stabilization is
required.
c. For individual lots in residential construction final
stabilization means that either:
L The homebuilder has completed final stabilization as
specified above, or
ll. The homebuilder has established temporary
stabilization including perimeter controls for an
individual lot prior to occupation of the home by the
homeowner and informing the homeowner of the need
for, and benefits of, final stabilization, or
iii. For construction projects on land used for -agricultural
purposes (e.g., pipelines across crop or range land),
final stabilization may be accomplished by returning
the disturbed land to its preconstruction agricultural.
use. Areas disturbed that were not previously used for
agricultural activities, such as buffer strips immediately
adjacent to "water of the United States," and areas
which are not being returned to their preconstruction
agricultural use must meet the final stabilization criteria
above.
12. Illicit discharge: Any discharge to a storm drain system that is
not composed entirely of stormwater except discharges
pursuant to a NPDES or AZPDES permit, discharges resulting
from emergency fire fighting activities, and discharges further
exempted in subsection 17 -16-2 B of this chapter.
13. Monitoring: Periodic or continuous surveillance or testing to
determine the level of compliance with statutory requirements
and/or pollutant levels in various media or in humans, plants,
and animals.
14. MS4, municipal separate storm sewer system: Includes, but is
not limited to, those facilities located within the town and
owned or operated by a public entity by which stormwater
may be collected and conveyed to waters of the United States,
including any roads with drainage systems, public streets,
inlets, curbs, gutters, piped storm drains and retention or
detention basins.
- ------- - --
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15. NPDES permit, national pollutant discharge elimination
system permit: A discharge permit issued by the EPA in
compliance with the federal clean water act.
16. NOI: Notice of intent
17. NOT: Notice of termination
18. Operator: In the context of stormwater associated with
construction activity, means any person associated with a
construction project that meets either of the following two
criteria:
a. The person has operational control over construction plans
and specifications, including the ability to make
modifications to those plans and specifications; or
b. The person has day -to -day operational control of those
activities at a project which are necessary to ensure
compliance with a SWPPP for the site or other permit
conditions (e.g., they are authorized to direct workers at a
site to carry out activities required by the SWPPP or comply
with other permit conditions). This definition is provided to
inform operators of how the regulatory definitions of
"owner or operator" and "facility or activity" are applied to
discharges of stormwater associated with construction
activity.
19. Owner or operator: The owner or operator of any "facility or
activity" subject to regulation under the NPDES program.
20. Person: Any individual, partnership, copartnership, firm,
company, corporation, association, Joint stock company, trust,
estate, governmental entity, or any other legal entity; or their
legal representatives, agents, or assigns.
21. Point source: Any discernible, confined, and discrete
conveyance, including but not limited to, any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation, vessel or
other floating craft from which pollutants are or may be
discharged to navigable waters. Point source does not include
return flows from irrigated agriculture. A.R.S. § 49- 201(27).
22. Pollutant: Fluids, contaminants, toxic wastes, toxic pollutants,
dredged spoil, solid waste, substances and chemicals,
pesticides, herbicides, fertilizers and other agricultural
chemicals, incinerator residue, sewage, garbage, sewage
sludge, munitions, petroleum products, chemical wastes,
biological materials, radioactive materials, heat, wrecked or
discarded equipment, rock, sand, cellar dirt and mining,
industrial, municipal and agricultural wastes or any other
liquid, solid, gaseous or hazardous substances. A.R.S. § 49 -201
(28).
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23. Pollution: The alteration of the physical, thermal, chemical, or
biological quality of, or the contamination of, any water of the
state or water of the United States, that renders the water
harmful, detrimental, or injurious to humans, animal life,
vegetation, or property, or to the public health, safety, or
welfare, or impairs the usefulness or the public enjoyment of
.................................................................................................................................................... ...............................
the water for any lawful or reasonable purpose as determined
by the town engineer.
24. Release: Any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, placing, leaching, dumping,
or disposing into or on any land in a manner that can cause
pollution.
25. Stormwater: Stormwater runoff, snow melt runoff, and surface
runoff and drainage.
26. SWPPP, stormwater pollution prevention plan: A plan that
includes site maps), an identification of owner/ operator
activities that could cause pollutants in the stormwater, and a
description of measures or practices to control these pollutants.
27. Waters of the state: All waters within the jurisdiction of this
state including all perennial or intermittent streams, lakes,
ponds, impounding reservoirs, marshes, watercourses,
waterways, wells, aquifers, springs, irrigation systems,
drainage systems and other bodies or accumulations of surface,
underground, natural, artificial, public or private water
situated wholly or partly in or bordering on the state. A.R.S.
§ 49-01 (4S ).
28. Waters of the United States:
a. All waters which are currently used., were used in the past,
or may be susceptible to use in interstate or foreign
commerce, including all waters that are subject to the ebb
and flow of the tide;
b. All interstate waters, including interstate wetlands;
c. All other waters such as intrastate lakes, rivers, streams
(including intermittent streams), amudflats, sandflats,
wetlands, sloughs, prairie potholes, wet meadows, playa
lakes, or natural ponds the use, degradation, or destruction
of which would affect or could affect interstate or foreign
commerce including any waters:
i. That are or could be used by interstate or foreign
travelers for recreational or other purposes;
ii. From which fish or shellfish are or could be taken and
sold in interstate or foreign commerce; or
iii. That are used or could be used for industrial purposes
by industries in interstate commerce;
, ARANA TOWN CODE
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LDC RE-- WI?ITE 1012812015 DRAFT
44•
::c 4'�:i F' %h� +rZ:i'}����fhii ✓�f': ���,.. ; .•......� \r ^r'•[. ... t,� \ \- \.� �nhi�: =: �:f %:::; ":�;:r�' =
:Y•"`^�ii�,��:, ^��f•. ��'3 ��..ii'(Cv _�' \:.::.;� ";..��•ti.' - S•`• ti i,•; :`y` /: ..
���;"" � � [- , �"!•� ) \.i•�'•� %,'y1:3�', :�;.: -:. �':. �: Y:':�,L`-i,4i`:;y;���.(;�.�r �.1 .f r �S,�.�Fl�r
' `` "�? .;;,... ..F� \,.1:,�<�f }. ;h•c2 \:.G � ?:mow ".� if:: r,3.r �;rfj� i(:y ���':•
d. All impoundments of waters defined as waters of the
United States under this definition;
e. Tributaries of waters identified in subsections a through d
above;
f. The territorial sea; and
g. Wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in subsections a through f
above.
C. Applicability. This chapter shall apply to all activities which may
potentially affect the municipal separate storm sewer system., any
private storm sewer system or any water of the Untied States
within the town. Additionally, permanent and temporary
stormwater management controls, practices and facilities,
constructed as part of any activities listed in this section, which are
located within the town limits, are also subject to this chapter. The
stormwater management practices and discharge standards,
should such standards be established, shall apply to any
construction project that disturbs one acre or more, including
industrial, commercial, institutional, and residential.
D. Delegation of authority for administration and enforcement. The
town engineer of the town is delegated the authority to exercise the
powers and perform the duties set forth in this chapter and to
administer and enforce provisions of this chapter. The town
engineer may designate other employees to exercise such powers
and perform such duties, as he or she deems appropriate.
E. Regulatory consistency. This chapter shall be construed to assure
consistency with the requirements of the federal clean water act
(CWA) and acts amendatory thereof or supplementary thereto,
applicable state or federal implementing regulations, and the
municipal AZPDES or NPDES permit and any amendments,
revisions, or reissuance thereof. No permit or approval issued
pursuant to this chapter shall relieve a person of the responsibility
to secure permits and approvals required for activities regulated
by any other applicable rule, code, act, permit, or ordinance. The
town shall not certify or defend that the applicant has met the
requirements of the federal CwA.
F. General. The town engineer may adopt and enforce such rules,
regulations, ordinances, standards, processes and forms as the
town engineer deems necessary for the efficient administration and
enforcement of this chapter. The town engineer may interpret and
enforce this chapter. Upon request of the town engineer any other
department of the town has the authority to assist in the exercise of
powers and performance of duties under this chapter.
G. Severability. If any provision, clause, sentence, or paragraph of this
chapter or the application thereof to any person, establishment, or
circumstance shall be held invalid, such invalidity shall not affect
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LD C RE -WRITE 1 0/2812015 DRAFT
the other provisions or application of this chapter which can be
given effect without the invalid provision or application, and to
this end, the provisions of this chapter are hereby declared to be
severable.
17 -16-2 Prohibitions and controls to reduce the discharge of
pollutants in stormwater
A. General Requirements
1. Any person engaged in activities which will or may result in
pollutants entering a storm sewer system shall undertake
appropriate measures to reduce the potential to discharge such
pollutants. Examples of such activities include, but are not
limited to, reduction of use and proper disposal of household
chemicals, such as cleaners, disinfectants, pesticides, fertilizers,
carpet cleaning waste water and other pollutants associated
from the ownership and use of facilities which may be a source
of pollutants such as parking lots, gasoline stations, industrial
facilities, construction sites, and retail establishments.
2. No person shall throw, deposit, leave, maintain, keep, or
permit to be thrown, deposited, placed, left or maintained, any
refuse, rubbish, garbage, vegetation trimmings or other
discarded or abandoned objects, articles, and accumulations, in
or upon any street, alley, sidewalk, storm drain inlet, catch
basin, conduit or other drainage structures, parking area, or
upon any public or private plot of land so that the same might
be or become a pollutant, except where such pollutant is being
temporarily stored in properly contained waste receptacles or
is part of a well - defined compost system or pursuant to
another recycling system..
3. No person shall cause or permit the discharge into any street,
alley, sidewalk, storm drain, inlet, catch basin, conduit or other
drainage structures, business place, or upon any public or
private plot of land in the town any pollutant originating from
a dumpster, solid waste bin, or similar container.
B. Prohibition of non-stormwater discharge to the municipal storm
sewer system; exemptions
1. Unless expressly authorized or exempted by this chapter, no
person shall cause or allow the discharge to a public right-of-
way or municipal storm sewer system of any substance that is
not composed entirely of stormwater.
2. Unless expressly authorized or exempted by this chapter, no
person shall use, store, spill, dump, or dispose of materials in a
manner that those materials could cause or contribute to the
addition of pollutants to stormwater.
3. Exemptions. The following discharges are exempt from the
prohibitions set forth in subsections 1 and 2 of this subsection:
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LDC RE-WRITE 1012812015 DRAFT
a. Dechlorinated waters from water line flushing;
b. Landscape irrigation;
c. Diverted stream flows;
d. Rising ground waters;
e. Uncontaminate grown water infiltration,
f. Uncontaminated pumped groundwater;
g. Discharges from potable water sources;
h. Foundation drains;
i. Air condition condensation;
j. Irrigation water;
k. Springs;
1. water from crawl space pumps;
m. Footing drains;
n. Lawn watering;
o. Individual residential car washing;
p. Discharges from riparian Habitats and wetlands;
q. Dechlorinated swimming pool discharges; and
r. Discharges or flows from emergency fire fighting activities.
4. No person shall discharge to a publicly owned right -of -way or
the municipal storm sewer system any exempted discharge
under subsection 3 if the town engineer or assigned designee
identifies and provides written notice to the person that the
discharge has the potential to be a source of pollutants to
receiving waters, waterways, or groundwater.
5. No person shall discharge to the municipal storm sewer system
where such discharge would result in or contribute to a
violation of the AZPDES stormwater permit issued to the town,
either separately considered or when combined with other
discharges. Liability for any such discharge shall be the
responsibility of the person causing or responsible for the
discharge.
C. Operating facilities or activities
1. All persons owning or operating premises or engaged in
activities who are required by federal or state law to submit to
EPA and /or ADEQ a notice of intent (NOI) to comply with an
NPDES or AZPDES stormwater permit shall provide a copy of
the authorization certificate to the town upon request. Facilities
required to apply for a stormwater permit are identified in 40
CFR 122.23(B) (14).
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LD C RE -WRITE 1012812015 DRAFT
2. All persons engaged in activities which will or may reasonably
be expected to result in pollutants entering the municipal storm
sewer system shall undertake best management (BMPs) to
minimize such pollutants, shall provide protection from
accidental discharge of pollutants to the municipal storm sewer
system and further comply with. the..cleanup and notification
requirements of this chapter. Such measures shall include any
additional requirements imposed by federal, state, county, or
local. authorities.
3. In the case that a specific best management practice is required
by the town to prevent a pollutant from entering the municipal
storm sewer system, the person receiving the notice of such a
requirement may petition the town to reconsider the
application of the BMP to the premises or activity. The written
petition must be received within ten calendar days setting forth
any reasons and proposed alternatives. The town will act
within 14 calendar days of the petition.
4. No person shall establish, use, maintain, or continue any
connection to the municipal storm sewer system which is
causing a violation of this section. This shall apply to any
connection that was made in the past, regardless of whether it
was made under permit or other authorization, or whether it
was permissible under the law or practices applicable or
prevailing at the time of connection as of the effective date of
this chapter.
D. Construction sites
1. All persons engaged in construction activities who are required
by federal or state law to submit to EPA and /or ADEQ a notice
of intent (NOI) to comply with an NPDES or AZPDES
stormwater permit, shall provide the town with copies of the
approved NOI, the site - specific stormwater pollution
prevention plan (SWPPP), and the AZPDES individual
stormwater permit, if applicable, issued by ADEQ. Town
acceptance of the SWPPP is required prior to issuance of a
grading permit. Construction activities that will disturb one
acre or more of land area or that are part of a larger common
plan of development or sale are required to apply for a
stormwater permit (40 CFR 122.26(B)(15)).
2. Any person performing construction that has submitted a copy
of an approved NOI to the town shall not cause or contribute to
a violation of the AZPDES stormwater permit issued to the
town. Liability for any such discharge shall remain the
responsibility of the person causing or responsible for the
discharge. Any person performing construction activity shall
undertake best management practices to minimize or eliminate
pollutants (including the discharge of sediments) from leaving
the construction site, shall provide protection from accidental
discharge of other pollutants to the municipal storm sewer
MARANA TowN CODE
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.ADC RE-WRITE 70/28/2475 DRAFT
system, and comply with the cleanup and notification
requirements of this chapter. Site operator shall ensure
effective erosion, sediment and waste control and properly
dispose of wastes, such as discarded building materials,
concrete truck washout material, chemicals, litter, sanitary
waste and other pollutants at the construction site that may
cause adverse impacts to water quality. Such measures shall
include the requirements imposed by federal, state, county
and/or local authorities.
3. Stormwater pollution prevention plans shall be prepared and
reviewed in accordance with the Arizona pollutant discharge
elimination system construction general permit issued by the
Arizona department of environmental quality. The town shall
not certify or defend that the applicant has met the
requirements of the federal Clean Water Act.
4. In the case that a specific best management practice is required
by the town to prevent a pollutant from entering the municipal
storm sewer system, the person receiving the notice of such a
requirement may petition the town to reconsider the
application of the BMP to the premises or activity. The written
petition must be received within ten calendar days setting forth
any reasons and proposed alternatives. The town will act
within fourteen calendar days of the petition.
5. Basins with a retention component may be used as temporary
sediment basins during construction provided the following
conditions are met:
a. Prior to acceptance, the basin shall be retested for
percolation; and
b. Additional measures must be put in place to collect
sediment prior to entry into the basin, i.e. the basin must be
part of a cascading sediment trapping system.
6. Exemptions: The following discharges are exempt from the
prohibitions set forth in subsection 17 -16 -2 C for construction
sites or activities:
a. Discharges from fire - fighting activities;
b. Fire hydrant flushing;
c. waters used to wash vehicles where detergents are not
used;
d. water used to control dust, provided effluent or other
wastewaters are not used;
e. Potable water sources including ater line flushing; ; g
f. Routine external building wash down where detergents are li
not used;
MARANA TowN CODE
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.ADC RE -WRITE 1012812015 DRAFT
00029718.DoCX /1
;�� tis � titi �,`y ti`.a� tif" Lam., ' "��� ••r.„ti.�� •ti< ,.,,3y v < �`-,:
.ij S LV.c4 1 *. ti�. 4r: n + fci: \cC�%�C`n `. ;ti.4 \�S \; - `bti�`,ii�4H . ? •; �
't��i � � ti ��• rte; '� • ? r
::: L�� ��ti?.?\\ •; 1:` �.•S'•, •f
' `%i f \��C"i�� ( ifLnF
.
! [ Ii <�� �:`+i'iS�1 C'C
��yZ \ .',`.�,
4 \ s.. „ \R `•a:`- Cti•�M 3t.R. f ;r; r s { ?. r ;
i „ \;<, ti6. \5:...... '.%e:,':.. ":•.2: :4•. •r.•::: r:`5,.,, ti;;,. . ... ;= fi?ii..v. -: :,c; ::..C+::i::
g. Pavement wash waters where spills or leaks of toxic or
hazardous materials have not occurred (unless all spilled
material has been removed.) and where detergents are not
used;
h. Uncontaminated air conditioning or compressor
con ........................... . ......... ..... ...............................
i. Uncontaminated ground water or spring water;
j. Foundation or footing drains where flows are not
contaminated with process materials such as solvents;
k. Potable water well flushing where the receiving waters are
ephemeral;
1. Water used for compacting soil, provided effluent or other
wastewaters are not used,
m. Water used for drilling and coring such as for evaluation of
foundation materials; where flows are not contaminated
with additives; and
n. Water obtained from dewatering operations/ foundations
in preparation for and during excavation and construction.
E. Stormwater pollution prevention plans (SWPPP)
1. The owner / operator shall submit two copies of a site specific
SWPPP (both a narrative and engineering drawings) during the
grading/ improvement plan review period.
2. Town staff will review the submission in accordance with
applicable federal, state, and/or local regulations.
3. A SWPPP accepted by the town is required prior to the
issuance of a grading permit.
4. Two copies of the accepted SWPPP, a copy of the owner(s) and
operator(s) NoI, along with copies of the accepted
grading/ improvement plans shall be submitted with the
application for a grading permit prior to start of any work on-
site.
5. For projects that are part of a larger common plan of
development with custom lots, the following shall apply:
a. The developer for the project shall prepare a stormwater
pollution prevention plan (SWPPP) and submit a notice of
intent (NOI) to ADEQ or EPA, with an approved copy of
the N01 to the town for the portion of the project for which
they have operational control.
b. The SWPPP shall address the construction of infrastructure
site development and proposed residential construction.
The developer shall submit a N01 and SWPPP with
accepted grading/ improvement plans with the application
for a grading permit.
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c. The individual buyer of a lot in a large lot/ custom house
site subdivision shall submit to the town, with the
application for a grading permit, a plan sheet outlining
stormwater pollution prevention measures for construction
on the individual lot. This plan sheet shall become an
attachment to the SWPPP previously completed by the
developer and accepted by the town. The individual buyer
and the operator shall submit separate NOIs and sign the
certifications in the SWPPP. An accepted plan sheet and
NON shall be required prior to the issuance of a grading
permit.
6. For mass graded subdivisions, the following shall apply:
a. The developer for the project shall prepare a stormwater
pollution prevention plan (SWPPP) and submit a notice of
intent (NCI) to ADEQ or EPA, with an approved copy of
the NCI to the town for the portion of the project for which
they have operation control.
b. The developer shall prepare a SWPPP that addresses off -
site and on -site best management practices for erosion,
sediment and waste control for bothh the infrastructure and
residential improvements.
c. The developer shall be responsible for compliance with this
chapter until such time as the developer can demonstrate
that operational control for all portions of the site has been.
transferred to another operator or final stabilization for the
entire site has been achieved.
7. For commercial development, the following shall apply:
i
a. The developer for the project shall prepare a stormwater
pollution prevention plan (SWPPP) and subunit a notice of
intent (NC)I) to ADEQ or EPA, with an approved copy of
the NCI to the town for the portion of the project for which
they have operation control..
b. The developer shall prepare a SWPPP to address on -site
and off -site best management practices for erosion,
sediment, and waste control.
c. For commercial lots that are part of a common plan of
development, the owner /operator for the individual lot
shall submit a separate SWPPP and NOI with improvement
plans; the SWPPP shall be accepted by the town prior to
issuance of a grading permit.
8. Routine inspection schedule: The operator must ensure routine
inspections are performed at the site to ensure that BMPs are
functional and that the SWPPP is being properly implemented.
The operator must specify an inspection schedule in the
SWPPP and may choose either of the following:
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a. The site will be inspected at least once every seven calendar
da or
b. The site will be inspected at least once every 14 calendar
days, and also within 24 hours of the end of each storm
event of 0.5 inches or greater.
9. Based on the results of the inspection, the operator must
modify the SWPPP to include additional or modified BMPs
designed to correct problems identified. The operator must
complete revisions to the SWPPP within seven calendar days
following the inspection.
10. No waivers allowable under the AZPDES construction general
permit shall be accepted by the town for any development over
one acre in size or that is part of a larger common plan of
development or sale.
F. Maintenance of stormwater facilities
1. Property owners or operators shall warrant post - construction
stormwater runoff control facilities including but not limited
to, retention basins, dry wells, and other measures (as
described in 40 CFR 122.34 (B)(5)(III) during the warranty
period.
2. Stormwater facilities shall be maintained by the owner or other
responsible party and shall be repaired and/or replaced by
such person when such facilities are no longer functioning as
designed.
3. Disposal of waste from maintenance of facilities shall be
conducted in accordance with applicable federal, state, and
local laws and regulations
4. Records of installation and maintenance and repair of facilities
referenced in subsection 1 of this section shall be retained by
the owner or other responsible party for a period of five years
and shall be made available to the public works department
upon request.
5. Any failure to maintain facilities or correct problems with
facilities after receiving due notice from the town may result in
criminal or civil penalties and the town may perform corrective
or maintenance work which shall be at the owner's expense.
G. Cleanup and notification requirements
1. In the event of a spill or release in reportable quantities as
defined in 40 CFR 302, 40 CFR 110 and 40 CFR 117, the owner,
operator, or the person who has control of the source or
location of any spill or release, which may result in a discharge
that is not in compliance with this chapter, shall immediately
take all reasonable safety precautions including, if appropriate,
calling 911 and completing the following steps:
a. Proceed with containment and clea up in accordance with:
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i. The orders of an involved health and safety agency, or
if no such orders have been issued, then:
ii. The orders of an authorized representative, or if no
such orders have been issued, then
iii. The stormwater pollution prevention plan or approved
corrective action plan utilizing best management
practices for the involved facility.
b. Report any violations of the northwest fire department fire
code or other such applicable safety or health codes in the
manner required by such code;
c. Notify the town environmental engineering division at
(520) 382 --2600 of the release by telephone within 24 hours
of Knowledge of the release;
d. Provide written notification within five calendar days to the
town environmental engineering division of the type,
volume, cause of the discharge, corrective actions taken,
and measures to be taken to prevent future occurrences.
2. Compliance with the requirement in subsection 17 -16 -2 G. 1
shall not relieve the discharger from the reporting
requirements of 40 CFR 110, 40 CFR 117, and 40 CFR 302.
17 -16 -3 Compliance monitoring
A. Inspections
1. Authority to inspect. Upon presentation of credentials and at
all reasonable or necessary hours, all authorized employees of
the town shall have access to all premises and to all records
pertaining to those premises for purposes of ensuring
compliance with this chapter. Inspection, interviewing,
copying, sampling, photographing, and other activities
conducted on the premises shall be limited to those which are
reasonably needed by the town in determining compliance
with the requirements of this chapter. All persons shall allow
such activities under safe and non- hazardous conditions with a
minimum of delay.
2. Monitoring activities. The town may order any person engaged
in any activity or owning or operating on any premises which
is causing or contributing to discharges of pollutants to the
municipal storm sewer system in violation of this chapter or
any applicable NPDPS or AZPDPS stormwater permit
condition or that is posing a risk to public health, safety, and
welfare to undertake such monitoring activities and analyses
and furnish such reports as the town reasonably may specify.
The costs of such activities, analyses, and reports shall be borne
in the recipient of the order.
3. When inspections by town staff reveal deficiencies in the
implementation of the SVVPPP a written inspection report will
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be provided to the owner and operator within 30 days of the
inspection. j
4. Access refusal. If an authorized employee of the town has been
refused access to any premises, and is able to demonstrate
probable cause to believe that there may be a violation of this
chapter, or that there is a need to inspect, interview, copy,
photograph or sample as part of an inspection and sampling
procedure of the town designed to determine compliance with
the requirements of this chapter or any related laws or
regulations, or to protect the environment and the public
health, safety, and welfare of the community, then the town
may seek issuance of a search warrant from the town
municipal court.
B. Enforcement and penalties
1. Charges or penalties levied pursuant to this chapter shall be
collected by the department of public works and utilized for
public education and outreach in compliance with the town's
MS4 Permit. The town engineer shall make and enforce
economic and efficient management and protection of the
town's storm sewer system..
2. Operator and /or owner of record. The operator performing
activities and /or owner of record of the property upon which a
violation of this chapter occurs shall be presumed to be a
person having lawful control over the activity or premises
unless it is demonstrated and documented that another person
has knowingly and in good faith accepted responsibility for the
activity at issue. If more than one person is identified as the
owner, such persons shall be presumed to be jointly and
severally in lawful possession and control of the activity or
premises.
3. Notice to correct. The town may issue a written notice to
correct to any person who has violated or is in violation of this
chapter. Failure to comply with any act required in the notice
to correct may result in a notice of violation and/or stop work
order as described in subsections 4 and 6 of this section.
4. Notice of violation. The town may issue a written notice of
violation to any person who has violated or is in violation of
this chapter. Failure to comply with any act required in the
notice of violation shall be a separate violation for each day
beyond the thirtieth calendar day following the notice of
violation. Nothing in this section shall limit the authority of the
town to take any action, including emergency actions or any
other enforcement action, without first issuing a notice of
violation. In appropriate situations the town may notify the
person orally either in person or by telephone prior to written
notification.
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5. Consent orders. The town may enter into consent orders,
assurances of voluntary compliance, negotiated settlement
agreements, or other similar documents establishing an
agreement with any person responsible for noncompliance.
Such documents will include specific action to be taken by the
.....person to correct the noncompliance within a time period ......... .... -, ........ .. .
specified by the document, including an identification and
description of the best management practices and measures to
utilize in implementing the order. Such documents shall have
the same force and effect as any other orders issued under this
chapter and shall be judicially enforceable.
6. Stop work order. For projects under construction in the town, if
the town finds that a person has violated, or continues to
violate, any provision of this chapter or any related laws or
regulations, or that the person's past violations are likely to
recur, the town may issue a stop work order to the person
directing them to cease and desist all such violations and direct
the person to immediately comply with all requirements; and
take such appropriate remedial or preventive action as may be
needed to properly address a continuing or threatened
violation. Issuance of a stop work order shall not be a bar
against, or a prerequisite for, taking any other action against
the person. A person's failure to comply with an order issued
pursuant to this chapter shall constitute a violation of this
chapter.
7. Civil penalties. In addition to any other enforcement authority
contained in this chapter, the town may issue a civil citation to
any person who has violated, or continues to violate, any
provision of this chapter or any related laws or regulations. A
person who violates any requirement of this chapter or any
applicable NPDES or AZPDES stormwater permit condition
shall be civilly liable to the town for a sum not to exceed $2,500
per day for each violation.
8. Criminal. penalties. A person who willfully or negligently
violates any provision of this chapter, or any related laws or
regulations shall, upon conviction, be guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine not to
exceed $2,500 per day for each violation and/or by
imprisonment for a period not to exceed six months.
9. Criminal prosecution. Some intentional violations may
constitute criminal violations of federal, state, and town law,
and that under such circumstances, the town may seek the
assistance of the EPA, the state, or the town prosecutor to
commence civil and/or criminal action against any person who
violates any requirement of this chapter or any applicable
NPDES or AZPDES stormwater permit condition.
10. The town may withhold the issuance of permits including but
not limited to building permits, native plant permits and
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LD C RE-WRITE 1012812015 DRAFT
grading permits, for the development or improvement on the
parcel or any contiguous parcel of land under the ownership of
a person or persons in violation of any requirement of this
chapter or any applicable NPDES . or AZPDES stormwater
permit condition.
.11. Liability for costs. The town may assess liability for costs to any
person in violation of this chapter for all actual costs incurred
by the town in surveillance, sampling and testing, abatement,
and remediation associated with a discharge. Additionally, the
town may assess liability for costs to any person whose
discharge resulted in a violation of the town's AZPDES
stormwater permit
CHAPTER 17 -17. DEVELOPMENT IMPACT FEE ORDINANCE
[EXISTING; NO REVISIONS]
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