The URL can be used to link to this page

Home My WebLink AboutStudy Session Agenda Packet 02/09/2021MARANA TOWN COUNCIL STUDY SESSION NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, February 9, 2021, at or after 6:00 PM Ed Honea, Mayor Jon Post, Vice Mayor Patti Comerford, Council Member Jackie Craig, Council Member Herb Kai, Council Member John Officer, Council Member Roxanne Ziegler, Council Member Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on February 9, 2021, at or after 6:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. The Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be made as early as possible to arrange the accommodation. This Notice and Agenda posted no later than 24 hours prior to the meeting at the Marana Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov under Agendas and Minutes. CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE Marana Study Session Meeting 02/09/2021 Page 1 of 248 APPROVAL OF AGENDA DISCUSSION/DIRECTION/POSSIBLE ACTION D1 Relating to the Marana Town Code; update, discussion, and direction regarding potential revisions to the Marana Town Code, including updates to the 2008 Outdoor Lighting Code; updates to the Land Development Code, including discussion of proposed revisions to Chapter 17-3 (Administration and Enforcement), and proposed revisions to Title 5 (Zoning) of the Marana Land Development Code, and the replacement of Title 5 (Zoning) by Chapter 17-4 (Zoning) in the Marana Town Code; and possible implementation of a Neighborhood Preservation Code (Jason Angell) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38-431.03 (A), Council may ask for discussion or consideration, or consultation with designated Town representatives, or consultation for legal advice with the Town Attorney, concerning any matter listed on this agenda for any of the reasons listed in A.R.S. §38-431.03 (A). FUTURE AGENDA ITEMS Notwithstanding the Mayor’s discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2-4-2(B). ADJOURNMENT Marana Study Session Meeting 02/09/2021 Page 2 of 248 Council-Study Session D1 Meeting Date:02/09/2021 To:Mayor and Council From:Jason Angell, Development Services Director Date:February 9, 2021 Strategic Plan Focus Area: Not Applicable Subject:Relating to the Marana Town Code; update, discussion, and direction regarding potential revisions to the Marana Town Code, including updates to the 2008 Outdoor Lighting Code; updates to the Land Development Code, including discussion of proposed revisions to Chapter 17-3 (Administration and Enforcement), and proposed revisions to Title 5 (Zoning) of the Marana Land Development Code, and the replacement of Title 5 (Zoning) by Chapter 17-4 (Zoning) in the Marana Town Code; and possible implementation of a Neighborhood Preservation Code (Jason Angell) Discussion: In the coming months, staff will come before the Council with updates to several sections of the Town Code. The purpose of tonight's meeting is to provide an update to the Council on the work that has been done thus far and the remaining steps that will be taken before beginning the official adoption process. Outdoor Lighting Code The existing Outdoor Lighting Code was adopted in 2008. The updates to this code are to bring it up to date with current building trends. Land Development Code Chapter 17-3 Administration and Enforcement Updates to the conditional use permit (CUP) and temporary use permit (TUP) sections to reflect recent case law as well as process improvements. Staff is also proposing updates to change the penalty for a code violation from a criminal offense to a civil offense. Marana Study Session Meeting 02/09/2021 Page 3 of 248 Overall adoption of the Land Development Code update and migration to the Marana Town Code Staff has been working over the past couple of years to clean-up and update the entire existing Land Development Code in preparation for migration to the Town Code. Proposed updates largely consist of a general clean-up and utilizing a table format that not only reduces the overall size of the document but helps make it more user-friendly. Additional changes are requested to reflect compliance with State statutes and general legal parameters. Staff will also discuss the zoning code update and a proposal for the old "alphabet zoning," concepts that were originally presented to Council at a Study Session in November 2019. Neighborhood Preservation Code Staff is proposing to create a neighborhood preservation code to assist staff in keeping Marana safe and preserving the overall beauty of our community. At the meeting, staff will outline the current issues staff is facing within the community when it comes to property preservation, and why we feel the creation of a new code is necessary at this particular time. Staff Recommendation: Staff recommends that Council direct staff to continue to move forward with the discussed code changes, taking into consideration any feedback or direction provided by Council. Suggested Motion: Presentation and discussion only, no motion is necessary. Attachments LDC Update Presentation Revised Chapter 17-3 Revised Chapter 17-3, Clean Copy TC17 LDC04 Zoning Marana LDC Marana Study Session Meeting 02/09/2021 Page 4 of 248 Proposed Town Code Updates Study Session Jason Angell, Development Services Director February 9, 2021 Marana Study Session Meeting 02/09/2021 Page 5 of 248 Proposed Town Code Update Discussion •Outdoor Lighting Code Update •Town Code Chapter 17-3 Update •Land Development Code Migration to Town Code Highlights •Zoning Code Update •Proposal for Alphabet Zoning •Neighborhood Preservation Code Introduction Presentation OverviewMarana Study Session Meeting 02/09/2021 Page 6 of 248 Outdoor Lighting Code Update •Existing Code adopted 2008 by Ordinance #2008.18 •Updates needed to address •LED technology •Trend in string patio lights •Solar landscape lighting •Lighting control •Draft Code amendments to stakeholders by Feb. 1 •U of A Department of Astronomy and Steward Observatory •Southern Arizona Home Builder Association (SAHBA) •Metropolitan Pima Alliance (MPA) •Draft amended ordinance for Council review in March Proposed Town Code UpdateMarana Study Session Meeting 02/09/2021 Page 7 of 248 Town Code Chapter 17-3 - Administration and Enforcement Update •Conditional Use Permit (CUP) revisions account for recent case law •9th Circuit case found language similar to some of our current CUP language unconstitutional •Temporary Use Permit (TUP) revisions provide more guidance •Current TUP provisions do not provide much guidance for staff or for the community •Revisions specify different types of temporary uses with appropriate zones for each use, outline application procedures, and provide detailed approval criteria and appellate procedures Proposed Town Code UpdateMarana Study Session Meeting 02/09/2021 Page 8 of 248 Town Code Chapter 17-3 - Administration and Enforcement Update •Enforcement adjustments •Unless otherwise designated, violations of title 17 would now be civil rather than criminal •Revisions allow the planning director to delegate enforcement •Adoption Timing •Chapter 17-3, as revised, was presented to the Planning Commission on January 27, 2021 •Ready to be presented before the Town Council for adoption at the next regular Town Council meeting Proposed Town Code UpdateMarana Study Session Meeting 02/09/2021 Page 9 of 248 Land Development Code (LDC) Migration to Town Code Highlights •All remaining LDC chapters move to Town Code •General clean-up •New definitions •Corrected chapter cross-references •In compliance with State statutes •Process improvements •TUP & CUP •Preliminary plat approval Proposed Town Code UpdateMarana Study Session Meeting 02/09/2021 Page 10 of 248 Land Development Code Update -Zoning •Existing Zoning Code •Proposed Zoning Code •Proposal for Alphabet Zoning Zoning Code UpdateMarana Study Session Meeting 02/09/2021 Page 11 of 248 Existing Zoning Code Existing Zoning Code •Ordinance No. 77-06 •Adopted August 29th, 1977 •Established A, B, C, D, E zones •5 revisions by ordinance •Ordinance No. 93-05 •Adopted April 6th, 1993 •Established existing zones •23 revisions by ordinance •32 Zoning Districts •1 Agriculture zone •16 Residential zones •7 Commercial zones •2 Industrial zones •6 Alphabet zones Current Zoning Districts AG Agricultural RV Recreational Vehicle RD-180 Rural Development CO Commercial (Office) R-144 Residential NC Neighborhood Commercial R-80 Residential VC Village Commercial R-36 Residential RC Regional Commercial R-20 Residential RR Resort and Recreation R-16 Residential MU-1 Mixed Use R-12 Residential CBC Campus Business Center R-10 Residential LI Light Industrial R-8 Residential HI Heavy Industry R-7 Residential F Specific Plans R-6 Residential E Transportation Corridor R-3.5 Residential D Flood Plain MR-2 Multi-Family (Med/High)C Large Lot MR-1 Multi-Family (High) B Medium Lot MH Manufactured Housing A Small LotMarana Study Session Meeting 02/09/2021 Page 12 of 248 Existing Zoning Code Example Purpose Temporary Uses Accessory Uses Property Development Standards Permitted Uses R-36 Residential Conditional Uses Prohibited Uses A B C D E F G Marana Study Session Meeting 02/09/2021 Page 13 of 248 Proposed Zoning Code 1.Eliminated unused districts •R-20 Residential •R-12 Residential •RC Regional Commercial •CBC Campus Business Center 2.“Legacy Zones” created •A, B, C, D, E Alphabet zoning •R-3.5 Residential •MH Manufactured Housing •RV Recreation Vehicle •CO Commercial Office •MU-1 Mixed-use 3.New Code design •Simplified four-part organization 1.Zone Districts and Zoning Groups Table 2.Use Matrix Table 3.Use Conditions Matrix Table 4.Lot Development Standards Proposed Zoning CodeMarana Study Session Meeting 02/09/2021 Page 14 of 248 Proposed Zoning Code Proposed Code Part 1 Zone Districts and Zoning Groups Summary Table •Consolidation of similar residential zoning districts into zoning groups •Zoning groups combine zones that: •Allow same uses in Use Matrix (Table 2) •Same regulation in Conditions Per Use Matrix (Table 3) Marana Study Session Meeting 02/09/2021 Page 15 of 248 Proposed Zoning Code Proposed Code Part 2 Use Matrix Table •Identifies permissiveness of uses in zoning groups and zoning districts •“P”-permitted •“A”-permitted as accessory use •“C”-allowed upon approval of CUP •“U”-allowed with Table 3 conditions •“T”-allowed upon approval of TUP •“X” -use prohibited •Any change affects all zones •North American industry classification system (NAICS) used to determine new use allowance Marana Study Session Meeting 02/09/2021 Page 16 of 248 Proposed Zoning Code Proposed Code Part 3 Conditions Per Use Table •Lists special conditions for uses marked “U” in Use Matrix (table 2) Marana Study Session Meeting 02/09/2021 Page 17 of 248 Proposed Zoning Code Proposed Code Part 4 Development Standards- Zone Tables •Lot width •Lot depth •Setbacks •Building separation •Building height •Lot coverage •Additional information Marana Study Session Meeting 02/09/2021 Page 18 of 248 Proposed Rezoning Initiative A, B, C, D, E Zoning •Started at incorporation •Ordinance No. 77-06 •Based on lot size & use •Years of lot splits •Legal non-conforming lots •Illegal lots created •Years of Significant Land Use Change (SLUC) Alphabet Zones Zone A –Small Lot Zone •Lot no larger than 2.5 acres •Residential, commercial, industrial, and quasi-public land uses Zone B –Medium Lot Zone •Lot larger than 2.5 acres but no larger than 25 acres •Residential, commercial, industrial, and quasi-public land uses Zone C –Large Lot Zone •Lot no smaller than 25 acres •Residential, commercial, industrial, and quasi-public land uses Zone D –Designated Flood Plain Zone •Residential, commercial, industrial, and quasi-public land uses •All uses require a floodplain use permit Zone E –Transportation Corridor Zone •No residential use •Commercial, industrial, and quasi-public land uses Proposal for Alphabet Zoning Marana Study Session Meeting 02/09/2021 Page 19 of 248 Proposed Rezoning Offer Translation of A, B, C, D, E Zoning •Simplified rezoning offer •In lieu of SLUC •Application made on case by case basis •Flexible application requirements •External and internal review •Public hearing process with notification •Reduced fee incentive •Rezoning based on: •Current use •General Plan •Proposed use Marana Study Session Meeting 02/09/2021 Page 20 of 248 Zoning Code Adoption Overview LDC Adoption Timeline •60 day public review begins March 1st •Planning Commission and Town Council public hearings •April 28th -Planning Commission •May 18th -Town Council Marana Study Session Meeting 02/09/2021 Page 21 of 248 Neighborhood Preservation Code The purpose of a Neighborhood Preservation Code is to promote the health, safety and general welfare of the citizens of Marana by protecting neighborhoods against public nuisances and blight, thus keeping Marana a safe and beautiful place to live and visit. It has always been Code Enforcement’s goal to work with property owners to gain voluntary compliance on any code violation. In 2019 less than 3% of all code cases ended up in court and in 2020 that number was just over 1%. Neighborhood Preservation CodeMarana Study Session Meeting 02/09/2021 Page 22 of 248 Neighborhood Preservation Code •Town’s first Neighborhood Preservation Code will give the Town the ability to: •Address property maintenance in commercial areas •Improve the aesthetics and livability in residential communities •Address concerns from residents not currently addressed in Town Code •Centralize requirements for easy access for residents and staff Neighborhood Preservation CodeMarana Study Session Meeting 02/09/2021 Page 23 of 248 Neighborhood Preservation Code •Commercial Concerns •Parking lots not properly maintained, potholes, faded or no striping •Inadequate number of trash receptacles •Landscaping that is not maintained or dead •Façade not maintained aesthetically or structurally •Parking lot lighting in disrepair or intentionally turned off •Graffiti not quickly or properly abated •Donation bins not properly maintained Any of these concerns can ultimately play a part to increase criminal activity and decrease commerce within the Town. Neighborhood Preservation CodeMarana Study Session Meeting 02/09/2021 Page 24 of 248 Neighborhood Preservation Code •Residential Concerns •Weeds •Refuse (Trash/Debris) •Inoperable vehicles •Graffiti •Unprotected/inappropriate outdoor storage •Structures lacking proper exterior maintenance These items can lead to a decrease in property values and an increase in criminal activity in our residential communities. Neighborhood Preservation CodeMarana Study Session Meeting 02/09/2021 Page 25 of 248 Neighborhood Preservation Code •Concerns of Residents •Parking in front of mailboxes •Trash can placement along road for pickup •Oil/fluid leaks in the road •Vehicle track-out of dirt and rocks in the road •Improper draining of pools •Pest abatement Neighborhood Preservation CodeMarana Study Session Meeting 02/09/2021 Page 26 of 248 Neighborhood Preservation Code •Next Steps •Establish an internal team to research other jurisdiction's Neighborhood Preservation Codes. Many Cities throughout the State have similar codes. •Prepare draft Code •Bring the draft Code to a Council Study Session for discussion and direction Neighborhood Preservation CodeMarana Study Session Meeting 02/09/2021 Page 27 of 248 DISCUSSION Marana Study Session Meeting 02/09/2021 Page 28 of 248 00073967.DOCX /1 Chapter 17-3 was inserted into the town code by Ordinance 2015.021 CHAPTER 17 -3. ADMINISTRATION AND ENFORCEMENT Sections: 67 -3 -1 Amendment procedure……………………………………...6 17-3 -2 Conditional use permits ……………………………………..7 17-3 -3 Temporary use permit……………………………………….11 17-3 -4 Compliance with code……………………………………...16 17-3 -5 Classification; enforcement; continuing violations ……...16 17-3 -5 17-3-6 Responsibility for violation ………………………………. 16 17-3 -6 17-3-7 Responsibility for enforcement…………………………....16 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 thereforfor the change, 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 th e case, and final plan review shall substantially comply with the preliminary site plan. 2. Appropriate public service and utility information, including how the project will be served by water, sewer, gas, electricity, telephone, and other utilities. 3. Public service information, including how the project will impact local services such as schools, police, parks, fire service, sanitary pick-up, and other similar services. Included shall be how the developer will provide public paved roads, provisions of parks a nd playgrounds for residential development, and other services required by the project. 4. Site information, such as site topography, preliminary hydrology and drainage information, and preliminary grading considerations. 5. In addition, the planning director, or the planning commission, may request other information that will be helpful to the Chapter 17-3 was inserted into the town code by Ordinance 2015.021 Marana Study Session Meeting 02/09/2021 Page 29 of 248 00073967.DOCX /1 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 specific zoning district, but which may have characteristics that, depending upon the location, design, and standards of operation, may have a greater impact than permitted uses on adjoiningnearby 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. 4.3. A site plan including dimensions showing the type and location of buildings, structures, floor plans, parking, landscaping, circulation and other relevant site information. 4. Any additional information required by the planning director. C. Public hearing. The planning commission shall hold a public hearing on the application. Prior to the public hearing, notice shall be sent to all owners of property located within 300 feet of the property subject to the request and shall be given in the manner provided in A.R.S. § 9 -462.04 (A). D. Findings. A conditional use permit may be granted only after a determination by the planning commission that the proposed use: Marana Study Session Meeting 02/09/2021 Page 30 of 248 00073967.DOCX /1 1. is appropriate to the specific location; 2. is not detrimental to the health, safety, and general welfare of the town; 3.1. willWill not adversely affect the orderly development ofand improvement of surrounding property for uses permitted within the townzoning district; 2. will not adversely affect the preservation ofWill not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair the property values andwithin the protection ofneighborhood; 4.3. Will not adversely affect the tax base and other substantial revenue sources within the town; 5. 4. is consistent with Conforms to the objectives, policies, general land uses and programs specified in the general plan and applicable specific plan, if any; 6. will not create a nuisance or enforcement problemcharacter of the neighborhood, within the neighborhood; 7. will not encourage marginal development within same zoning district, in which it is located, giving consideration to the neighborhood; 8. will not create a demand for public services within the town beyond that of the abilitylocation, type, and height of the town to meet in buildings or structures and the light of taxationtype and spending restraints imposed by law; 9. is consistent with the town’s approved funding priorities;extent of landscaping and, screening on the site; 10. that the 5. Is on a proposed site is adequate in size and shape to accommodate the intended use, and that all requirements for the zone district, includedwill be met, including but not limited to, the setbacks, walls, landscaping, and bufferyards will be met; 6. Will have ingress and egress designed to minimize traffic hazards and to minimize traffic congestion on the public roads; 7. Is consistent with th e general plan and other adopted town plans; 8. Shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas; 9. Will have adequate utilities, access roads, drainage, fire protection, and other necessary facilities; and 10. Benefits the public interest and welfare to an extent sufficient to outweigh the individual interests adversely affected by the establishment of the proposed use. Marana Study Session Meeting 02/09/2021 Page 31 of 248 00073967.DOCX /1 E. Action by the planning commission. The planning commission may grant, grant with conditions, or deny the application. If the application is denied, the planning commission shall make factual findings on the public record with the reasons for the denial. 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. rRequirements for setbacks, open spaces, buffers, fences or walls to mitigate conflicts from visual, noise, lighting and similar impacts associated with the use; 2. dDedication 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. rRegulations 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. tTime limits on the duration of the permit to determine if the use, after a temporary period of operation, is materially detrimental or to evaluate whether changed conditions in the neighborhood effect the capability of the use to continue to adequately mitigate impacts to the surrounding area or the town as a whole. F. Effective date of the conditional use permit. The decision of the 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 3. nNotice of the hearing shall behas 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. 4. 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 Marana Study Session Meeting 02/09/2021 Page 32 of 248 00073967.DOCX /1 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 est ablished 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 in itially 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 b e resumed. Upon applications during the six month period by the owner and upon showing of good cause, the planning director may grant another extension not to exceed a total of six additional months. L. Revocation. Failure to comply with the conditions, stipu lations or terms of the approval of a conditional use permit is a violation of this code and will be enforced as such . Repeated offenses shall be cause for revocation of the permit. M. Grounds for revocation. The planning commission may revoke a permit on any of the following grounds: 1. Violation of a zoning regulation of the town. 2. Violation of a term, limitation, or condition 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. O. Status of the conditional use permit. A use permit granted pursuant to the provisions if of 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 Marana Study Session Meeting 02/09/2021 Page 33 of 248 00073967.DOCX /1 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 for th below, paragraphs A through G, I through K, and O A (purpose) through G (appeal procedure) and I (exercise and use) through K (expiration upon discontinuance) 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 adopted 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 shall consider the factors set forth in paragraph D (findings) 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 and 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), H (modification of conditional use permits), L (revocation), M (grounds for revocation), and N (status of conditional use permit) O (status of the 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. Marana Study Session Meeting 02/09/2021 Page 34 of 248 00073967.DOCX /1 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 a mount set by the council to guarantee termination of the temporary use and performance of the provisions of the mutual consent agreement. B. 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. A. Purpose. The temporary use permit is for the following uses and is allowed only in the zoning districts indicated: 1. A real estate sales office in any zoning district , except where it is a permitted use as set forth in section 17 -4 -19 table 1. 2. A single-family dwelling in a temporary structure in any zoning district. 3. A donation bin located in a neighborhood commercial, village commercial, light industrial, or heavy industry zoning district. 4. Temporary retail located in an agricultural, multi-family residential, resort and recreation, neighborhood commercial, village commercial, light industrial, or heavy industry zoning district. B. Application procedures. 1. A temporary use permit application shall include a description of the use and a site plan. 2. The planning director shall determine whether the application is complete. 3. If the application is incomplete, the application shall be returned to the applicant with an explanation of the reasons it is incomplete. 4. If the application is c omplete, the planning director shall approve, approve with conditions, or deny the temporary use permit. C. Approval criteria. 1. Findings. The planning director shall not approve or modify an application for a temporary use permit unless the use meets the findings set forth in paragraph 17 -3-2 D above. 2. Owner permission. The applicant must provide written authorization from the owner of the land where the use is to be Marana Study Session Meeting 02/09/2021 Page 35 of 248 00073967.DOCX /1 located. a. When the use is to be located on public right -of-way, the applicant must provide written authorization from the town. b. When the use is in a commercial center, the applicant must provide written authorization of one of the following: i. The anchor tenant of the commercial center. ii. The association of commercial owners. iii. The management company responsible for managing the commercial center. 3. Traffic and adverse effects. The use shall be located and operated to minimize adverse effects on surrounding properties, particularly traffic generated by the use and traffic circulation in the area. 4. Parking and access. a. Adequate off-street parking, in accordance with this code, shall be provided to serve the use. b. The use shall not displace the required off -street parking spaces or loading areas of the principal permitted uses on the site. c. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances. 5. Property line setbacks. Structures and merchandise displays shall comply with the yard and property line setback requirements of the zoning district where the use is located. 6. Sight visibility triangle. Structures and merchandise displays shall not interfere with the sight visibility triangle of the intersection. 7. General site maintenance. a. During the temporary use, the site shall be maintained in a clean and orderly condition, free of refuse and other debris. b. After the temporary use, the site shall be cleaned and restored to a condition acceptable to the property owner. D. Additional approval criteria for specific uses. The planning director shall not approve or modify an application for a temporary use permit for the following unless the use meets the following additional criteria: 1. Temporary retail. a. Automobile, boat, or RV sales. i. Shall not exceed 14 days. ii. Shall be located on a paved, gravel, or other dust- stabilized surface. Marana Study Session Meeting 02/09/2021 Page 36 of 248 00073967.DOCX /1 b. Seasonal sale of products. i. Shall not exceed four consecutive months per calendar year. ii. The building or display booth must be portable and completely removed at the end of the permit period. c. Temporary outdoor merchant(s). Does not include “mobile food vendors” as defined in section 9 -13-2(C). Mobile food vendors are regulated by chapter 9 -13. i. Limited to the sale of food, beverages, or merchandise from a stand, motor vehicle, or person. ii. Shall not exceed four consecutive months. 2. Real estate development and construction -related temporary uses. a. General criteria. i. Zoning clearance and building permit authorization for construction shall be obtained prior to issuance of the temporary use permit, unless otherwise specified below. ii. The temporary building, travel trailer, or manufactured home shall be located on the lot or parcel on which construction is occurring and shall be occupied and used only by the property owner or authorized representative. iii. Shall be removed from the property within 14 days after completion of the construction work, or within 14 days after the expiration of the authorized building permit for the construction work, whichever comes first. iv. If an accessory building has been used for temporary residential use during construction, the building shall be returned to its accessory use state and any kitchen facilities placed in the building shall be removed within ten days after the expiration of the authorized building permit for the construction work, whichever comes first. b. Real estate sales office. One temporary structure such as a trailer or manufactured home may be used as a real estate sales office in any new construction project for the sale of units within that project only, subject to the following: i. The permit shall be valid until all units for the project are sold. ii. An all-weather emergency access road approved by the fire department and the town engineer shall be provided to the site. iii. An off-street parking area shall be provided. c. Single family dwelling in temporary structure. During the Marana Study Session Meeting 02/09/2021 Page 37 of 248 00073967.DOCX /1 active construction period (after a building or grading permit has been issued) of a construction project involving a non- residential use or a residential development, one manufactured home, trailer, or recreational vehicle may be allowed on the same property to be used as a temporary residence or for a night watchman for a period not to exceed 12 months or the active construction period, whichever is less. The temporary home shall be removed from the site within 14 days of the approved final building permit inspection or the final certificate of occupancy. 3. Donation bins. a. Permitted only as an accessory use, on th e same lot or in the same commercial center as an existing permitted use. b. The permit shall be valid for a period of one year. c. Must be constructed of painted metal, rubber, wood, or plastic. d. Shall be maintained in a safe condition and free of graffiti. e. The area immediately surrounding the donation bin must be maintained so as to be free of trash or debris. Items may not be placed or left outside of the donation bin. f. Each donation bin shall be no more than six cubic yards in capacity and must have a locking lid or a latch. g. No more than two donation bins shall be permitted on any one property, except that only two donation bins shall be permitted in a commercial center, even if it consists of multiple properties. h. One 12 -cubic -yard donation bin may be used in lieu of two six -cubic-yard donation bins. i. The planning director may approve more than two donation bin on properties that are greater than ten acres in size if the additional donation bins are located on a different street frontage and spaced a min imum of 500 feet from any other donation bin. j. Each donation bin shall be clearly marked as follows: i. To identify the specific items and materials requested to be left for donations; ii. To identify the name, telephone number and email address of the owner or operator of the donation bin that may be used for contact at any time; iii. The temporary use permit number associated with the donation bin shall be clearly located on the donation bin. iv. A notice shall also be on the donation bin that items shall not be left outside of the donation bin and that no Marana Study Session Meeting 02/09/2021 Page 38 of 248 00073967.DOCX /1 hazardous materials may be placed inside the donation bin. v. To identify the name of the non -profit entity that shares the donated item profits. k. The property owner or authorized agent may rescind authorization for the donation bin at any time and the permit shall be revoked. E. Appeal. Upon receiving notification of the approval or denial of a temporary use permit, the applicant or any party aggrieved by the decision may file an appeal to the board of adjustment. 17-3 -4 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 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 Classification; enforcement; continuing violations A. Except as otherwise provided in this title, any violation of this title is a civil infraction, and may be enforced in any manner provided by town ordinances and state laws. B. Each day any violation continues shall constitute a separate offense. 17-3 -5 17 -3-6 Responsibility for violation It shall be the responsibility of the owner of the land and any and all builders, contractors, sub-contractors, real estate agents, and any other person having appropriate decision -making authority in the establish ment of any use of land or the erection, modification, or relocation of any building or structure or other use of the land to make sure that a proper permit has been obtained before work is begun. Any person doing any work on a project for which a proper p ermit has not been obtained shall be deemed in violation of this ordinancetitle. 17-3 -6 17 -3-7 Responsibility for enforcement A. The planning director or designee shall be responsible for the enforcement of zoning ordinances codified in this land development code, with the assistance of the town attorney or designee. B. The town engineer or designee shall be responsible for the enforcement of subdivision and floodplain regulations codified in Marana Study Session Meeting 02/09/2021 Page 39 of 248 00073967.DOCX /1 this land development code, with the assistance of the town attorney or designee. C. The planning director, town engineer, town attorney and respective designees may designate and authorize code compliance officers to assist in enforcement of this title, consistent with the provisions of chapter 1 -9. Marana Study Session Meeting 02/09/2021 Page 40 of 248 00073965.DOCX /1 Chapter 17-3 was inserted into the town code by Ordinance 2015.021 CHAPTER 17 -3. ADMINISTRATION AND ENFORCEMENT Sections: 67 -3 -1 Amendment procedure……………………………………...6 17-3 -2 Conditional use permits ……………………………………..7 17-3 -3 Temporary use permit……………………………………….11 17-3 -4 Compliance with code……………………………………...15 17-3 -5 Classification; enforcement; continuing violations ……...15 17-3 -6 Responsibility for violation ………………………………. 15 17-3 -7 Responsibility for enforcement…………………………....15 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 for the change, and shall pa y 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 f or 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 ratios, 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 final plan review shall substantially comply with the preliminary site plan. 2. Appropriate public service and utility information, including how the project will be served by water, sewer, gas, electricity, telephone, and other utilities. 3. Public service information, including how the project will impact local services such as schools, police, parks, fire service, sanitary pick-up, and other similar services. Included shall be how the developer will provide public paved roads, provisions of parks and playgrounds for residential development, and other services required by the project. 4. Site information, such as site topography, preliminary hydrology and drainage information, and preliminary grading considerations. 5. In addition, the planning director, or the planning commission, Chapter 17-3 was inserted into the town code by Ordinance 2015.021 Marana Study Session Meeting 02/09/2021 Page 41 of 248 00073965.DOCX /1 may request other information that will be helpful to the 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 specific zoning district, but which may have characteristics that, depending upon the location, design, and standards of operation, may have a greater impact than permitted uses on nearby 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 site plan including dimensions showing the type and location of buildings, structures, floor plans, parking, landscaping, circulation and other relevant site information. 4. Any additional information required by the planning director. C. Public hearing. The planning commission shall hold a public hearing on the application. Prior to the public hearing, notice shall be sent to all owners of property located within 300 feet of the property subject to the request and shall be given in the man ner provided in A.R.S. § 9 -462.04 (A). D. Findings. A conditional use permit may be granted only after a determination by the planning commission that the proposed use: 1. Will not adversely affect the orderly development and improvement of surrounding property for uses permitted within the zoning district; Marana Study Session Meeting 02/09/2021 Page 42 of 248 00073965.DOCX /1 2. Will not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permit ted, nor substantially diminish or impair the property values within the neighborhood; 3. Will not adversely affect the tax base and other substantial revenue sources within the town; 4. Conforms to the character of the neighborhood, within the same zoning district, in which it is located, giving consideration to the location, type, and height of the buildings or structures and the type and extent of landscaping and screening on the site; 5. Is on a proposed site adequate in size and shape to accommodate the intended use, and all requirements for the zone district will be met, including but not limited to, the setbacks, walls, landscaping, and bufferyards; 6. Will have ingress and egress designed to minimize traffic hazards and to minimize traffic congestion on the public roads; 7. Is consistent with the general plan and other adopted town plans; 8. Shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas; 9. Will have adequate utilities, access roads, drainage, fire protection, and other necessary facilities; and 10. Benefits the public interest and welfare to an extent sufficient to outweigh the individual interests adversely affected by the establishment of the proposed use. E. Action by the planning commission. The planning commission may grant, grant with conditions, or deny the application. If the application is denied, the planning commission shall make factual findings on the public record with the reasons for the denial. 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 Marana Study Session Meeting 02/09/2021 Page 43 of 248 00073965.DOCX /1 or to evaluate whether changed conditions in the neighborhood effect the capability of the use to continue to adequately mitigate impacts to the surrounding area or the town as a whole. F. Effective date of the conditional use permit. The decision of the planning commission shall be final and effective 15 days from t he 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. 3. Notice of the hearing shall be 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. 4. 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 conditiona l 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 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 may Marana Study Session Meeting 02/09/2021 Page 44 of 248 00073965.DOCX /1 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. Repeated offenses shall be cause for revocation of the permit. M. Grounds for revocation. The planning commission may revoke a permit on any of the following grounds: 1. Violation of a zoning regulation of the town. 2. Violation of a term, limitation, or condition 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. O. Status of the conditional use permit. A use permit granted pursuant to the provisions of 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, paragr aphs A (purpose) through G (appeal procedure) and I (exercise and use) through K (expiration upon discontinuance) of this section 17-3- 2 shall not apply to conditional uses authorized upon annexation pursuant to this paragraph P. Conditional uses granted u pon annexation shall be included in the ordinance adopted 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 shall consider the factors set forth in paragraph D (findings) of this section. Marana Study Session Meeting 02/09/2021 Page 45 of 248 00073965.DOCX /1 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 and 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 O (status of the 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. Purpose. The temporary use permit is for the following uses and is allowed only in the zoning districts indicated: 1. A real estate sales office in any zoning district , except where it is a permitted use as set forth in section 17 -4 -19 table 1. 2. A single-family dwelling in a temporary structure in any zoning district. 3. A donation bin located in a neighborhood commercial, village commercial, light industrial, or heavy industry zoning district. 4. Temporary retail located in an agricultural, multi-family residential, resort and recreation, neighborhood commercial, village commercial, light industrial, or heavy industry zoning district. B. Application procedures. 1. A temporary use permit application shall include a description of the use and a site plan. 2. The planning director shall determine whether the application is complete. 3. If the application is incomplete, the application shall be returned to the applicant with an explanation of the reasons it is incomplete. 4. If the application is complete, the planning director shall approve, approve with conditions, or deny the temporary use permit. C. Approval criteria. 1. Findings. The planning director shall not approve or modify an application for a temporary use permit unless the use meets the findings set forth in paragraph 17 -3-2 D above. 2. Owner permission. The applicant must provide written authorization from the owner of the land where the use is to be located. a. When the use is to be located on public right -of-way, the applicant must provide written authorization from the town. Marana Study Session Meeting 02/09/2021 Page 46 of 248 00073965.DOCX /1 b. When the use is in a commercial center, the applicant must provide written authorization of one of the following: i. The anchor tenant of the commercial center. ii. The association of commercial owners. iii. The management company responsible for managing the commercial center. 3. Traffic and adverse effects. The use shall be located and operated to minimize adverse effects on surrounding properties, particularly traffic generated by the use and traffic circulation in the area. 4. Parking and access. a. Adequate off-street parking, in accordance with this code, shall be provided to serve the use. b. The use shall not displace the required off -street parking spaces or loading areas of the principal permitted uses on the site. c. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances. 5. Property line setbacks. Structures and merchandise displays shall comply with the yard and property line setback requirements of the zoning district where the use is located. 6. Sight visibility triangle. Structures and merchandise displays shall not interfere with the sight visibility triangle of the intersection. 7. General site maintenance. a. During the temporary use, the site shall be maintained in a clean and orderly condition, free of refuse and other debris. b. After the temporary use, the site shall be cleaned and restored to a condition acceptable to the property owner. D. Additional approval criteria for specific uses. The planning director shall not approve or modify an application for a temporary use permit for the following unless the use meets the following additional criteria: 1. Temporary retail. a. Automobile, boat, or RV sales. i. Shall not exceed 14 days. ii. Shall be located on a paved, gravel, or other dust- stabilized surface. b. Seasonal sale of products. i. Shall not exceed four consecutive months per calendar year. Marana Study Session Meeting 02/09/2021 Page 47 of 248 00073965.DOCX /1 ii. The building or display booth must be portable and completely removed at the end of the permit period. c. Temporary outdoor mercha nt(s). Does not include “mobile food vendors” as defined in section 9 -13-2(C). Mobile food vendors are regulated by chapter 9 -13. i. Limited to the sale of food, beverages, or merchandise from a stand, motor vehicle, or person. ii. Shall not exceed four consecutive months. 2. Real estate development and construction -related temporary uses. a. General criteria. i. Zoning clearance and building permit authorization for construction shall be obtained prior to issuance of the temporary use permit, unless otherwise specified below. ii. The temporary building, travel trailer, or manufactured home shall be located on the lot or parcel on which construction is occurring and shall be occupied and used only by the property owner or authorized representative. iii. Shall be removed from the property within 14 days after completion of the construction work, or with in 14 days after the expiration of the authorized building permit for the construction work, whichever comes first. iv. If an accessory building has been used for tempor ary residential use during construction, the building shall be returned to its accessory use state and any kitchen facilities placed in the building shall be removed within ten days after the expiration of the authorized building permit for the construction work, whichever comes first. b. Real estate sales office. One temporary structure such as a trailer or manufactured home may be used as a real estate sales office in any new construction project for the sale of units within that project only, subject to the following: i. The permit shall be valid until all units for the project are sold. ii. An all-weather emergency access road approved by the fire department and the town engineer shall be provided to the site. iii. An off-street parking area shall be provided. c. Single family dwelling in temporary structure. During the active construction period (after a building or grading permit has been issued) of a construction project involving a non- residential use or a residential development, one manufactured home, trailer, or recreational vehicle may be allowed on the same property to be used as a temporary Marana Study Session Meeting 02/09/2021 Page 48 of 248 00073965.DOCX /1 residence or for a night watchman for a period not to exceed 12 months or the active construction period, whichever is less. The temporary home shall be removed from the site within 14 days of the approved final building permit inspection or the final certificate of occupancy. 3. Donation bins. a. Permitted only as an accessory use, on th e same lot or in the same commercial center as an existing permitted use. b. The permit shall be valid for a period of one year. c. Must be constructed of painted metal, rubber, wood, or plastic. d. Shall be maintained in a safe condition and free of graffiti. e. The area immediately surrounding the donation bin must be maintained so as to be free of trash or debris. Items may not be placed or left outside of the donation bin. f. Each donation bin shall be no more than six cubic yards in capacity and must have a locking lid or a latch. g. No more than two donation bins shall be permitted on any one property, except that only two donation bins shall be permitted in a commercial center, even if it consists of multiple properties. h. One 12 -cubic -yard donation bin may be used in lieu of two six- cubic-yard donation bins. i. The planning director may approve more than two donation bin on properties that are greater than ten acres in size if the additional donation bins are located on a different street frontage and spaced a min imum of 500 feet from any other donation bin. j. Each donation bin shall be clearly marked as follows: i. To identify the specific items and materials requested to be left for donations; ii. To identify the name, telephone number and email address of the owner or operator of the donation bin that may be used for contact at any time; iii. The temporary use permit number associated with the donation bin shall be clearly located on the donation bin . iv. A notice shall also be on the donation bin that items shall not be left outside of the donation bin and that no hazardous materials may be placed inside the donation bin. v. To identify the name of the non -profit entity that shares the donated item profits. k. The property owner or authorized agent may rescind authorization for the donation bin at any time and the permit shall be revoked. Marana Study Session Meeting 02/09/2021 Page 49 of 248 00073965.DOCX /1 E. Appeal. Upon receiving notification of the approval or denial of a temporary use permit, the applicant or any party aggrieved by the decision may file an appeal to the board of adjustment. 17-3 -4 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 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 w ith plans, specifications, or other documents approved under the terms of this code shall be deemed a violation of this code. 17-3 -5 Classification; enforcement; continuing violations A. Except as otherwise provided in this title, any violation of this title is a civil infraction, and may be enforced in any manner provided by town ordinances and state laws. B. Each day any violation continues shall constitute a separate offense. 17-3 -6 Responsibility for violation It shall be the responsibility of the owner of the land and any and all builders, contractors, sub-contractors, 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 make 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 title. 17-3 -7 Responsibility for enforcement A. The planning director or designee shall be responsible for the enforcement of zoning ordinances codified in this land development code, with the assistance of the town attorney or designee. B. The town engineer or designee shall be responsible for the enforcement of subdivision and floodplain regulations codified in this land development code, with the assistance of the town attorney or designee. C. The planning director, town engineer, town attorney and respective designees may designate and authorize code compliance officers to assist in enforcement of this title, consistent with the provisions of chapter 1 -9. Marana Study Session Meeting 02/09/2021 Page 50 of 248 00062818.DOCX /2 MARANA LDC UPDATE 1 2/24/2020 Title 17. Land Development 17 CHAPTER 17-4. ZONING Sections: 17-4-1 Zone districts and zoning groups established .......... 1 17-4-2 Use matrix ...................................................................... 2 17-4-3 Use conditions matrix ................................................... 7 17-4-4 Agricultural (AG) ........................................................ 11 17-4-5 Residential zoning districts R-180, R-144, R-80, R-36, R-16, R-10, R-8, R-7, R-6, R-5, R-4, and R-3 .............. 11 17-4-6 Multi-family residential (MR) zoning group........... 13 17-4-7 Commercial zoning districts ...................................... 14 17-4-8 Industrial zoning districts .......................................... 17 17-4-9 Mixed-use zoning districts ......................................... 18 17-4-10 Mixed-use streets ......................................................... 32 17-4-11 Blended-use (BU)......................................................... 42 17-4-12 Downtown Marana overlay (DO) ............................. 44 17-4-13 Downtown neighborhood (DN) ................................ 45 17-4-14 Downtown (DT) .......................................................... 46 17-4-15 Specific plan (SP) ......................................................... 47 17-4-16 Legacy zones ................................................................ 49 17-4-17 Zone A – small lot zone .............................................. 49 17-4-18 Zone B – medium lot zone ......................................... 50 17-4-19 Zone C – large lot zone ............................................... 51 17-4-20 Zone D - designated flood plain zone ...................... 51 17-4-21 Zone E – transportation corridor zone ..................... 52 17-4-22 Recreation vehicle (RV) .............................................. 52 17-4-23 Manufactured housing (MH) .................................... 56 17-4-24 Commercial office (CO) .............................................. 60 17-4-25 Mixed-use (MU-1) ....................................................... 62 17-4-26 R-3.5 Residential .......................................................... 67 17-4-1 Zone districts and zoning groups established A. The zones and zoning groups listed in table 1 (zone districts and zoning groups summary) are established by this section. B. Table 1 also shows the consolidation of certain residential zoning districts into zoning groups as of the effective date of this chapter. These zoning groups combine zones that allow the same uses in the use matrix table (table 2) and the conditions per use table (table 3). In some cases, a zoning group label is used for ease of reference in table headings and cross-references (for example, “ER” in place of “R-36”). C. Official zone map. The location and boundaries of each of the zones are shown on the official zone map of the town, and the map is a part of this code. Whenever amendments or changes are made in zone boundaries, the amendments or changes must be made by ordinance and recorded on the official zone map. The official zone map data layer maintained by and located in the office of the Marana Study Session Meeting 02/09/2021 Page 51 of 248 00062818.DOCX /2 MARANA LDC UPDATE 2 2/24/2020 Title 17. Land Development 17 technology services department is the final authority in determining current zoning status. D. Zone districts and zoning groups summary table. The following table shows the town’s zone districts and zoning groups. Table 1. Zone districts and zoning groups summary Agricultural zone AG Agricultural Ranchette residential zoning group (RA) R-180 R-180 residential R-144 R-144 residential R-80 R-80 residential Estate residential zoning group (ER) R-36 R-36 residential Neighborhood residential zoning group (NR) R-16 R-16 residential R-10 R-10 residential R-8 R-8 residential R-7 R-7 residential R-6 R-6 residential Garden residential zoning group (GR) R-5 R-5 residential R-4 R-4 residential R-3 R-3 residential Multi-family residential zoning group (MR) MR-1 Multi-family residential (high density) MR-2 Multi-family residential (medium density) Commercial zones RR Resort and recreation NC Neighborhood commercial VC Village commercial Industrial zones LI Light industrial HI Heavy industrial Mixed-use zones DMO Downtown Marana overlay DT Downtown DN Downtown neighborhood BU Blended-use Specific plan zone SP Specific plan 17-4-2 Use matrix A. Table 2 (use matrix) identifies the permissiveness of uses in all residential zoning groups and zoning districts other than the mixed- use districts and the SP zone. (Uses for the mixed-use districts are Marana Study Session Meeting 02/09/2021 Page 52 of 248 00062818.DOCX /2 MARANA LDC UPDATE 3 2/24/2020 Title 17. Land Development 17 set forth in the mixed-use zoning district use matrix found at table 8.) B. The notations in table 2 have the following meanings: 1. “P” means the use is permitted subject to design standards. 2. “A” means the use is permitted as an accessory use located on the same lot with a permitted use. 3. “C” means the use is allowed upon approval of a conditional use permit (see section 17-3-2). 4. “U” means the use is allowed upon meeting the conditions set forth in table 3 below. 5. “T” means the use is allowed upon approval of a temporary use permit (see section 17-3-3). 6. “X” means the use is prohibited. C. Uses not mentioned. 1. General presumption. Uses not listed shall be presumed to be prohibited, unless the planning director determines that the use is materially similar to a listed use. 2. Planning director determination. If a use is not listed in table 2 and is not otherwise prohibited by law, the planning director shall determine whether the use is materially similar to a use listed in table 2, using as a guide the 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. 3. Materially similar uses. If the planning director finds that the use is materially similar, the regulations governing that use shall apply to the use not listed and the planning director’s decision shall be filed in the office of the town clerk. 4. Not materially similar uses. If the planning director determines that a materially similar use does not exist, the planning director may consider submitting an amendment to this section to establish a specific listing for the use in question by legislative action of the town council upon recommendation by the planning commission. Table 2. Use matrix Uses AG RA ER NR GR MR RR NC VC LI HI Residential Single-family detached P P P P P C C P P X X Duplex X X C C P P C P P X X Townhouse X X X X P P P P P X X Multi-family X X X X X P P P P X X Marana Study Session Meeting 02/09/2021 Page 53 of 248 00062818.DOCX /2 MARANA LDC UPDATE 4 2/24/2020 Title 17. Land Development 17 Table 2. Use matrix Uses AG RA ER NR GR MR RR NC VC LI HI Manufactured home P U U X X X X X X X X Modular home P P U U U X X X X X X Accessory structure A A U U A A A A A A A Assisted living home P P P C C C C C C X X Adult foster care home P P P C C C C C C X X Caretaker quarters A A A X X A A A A A A Carport A A A X X A A A A A A Child care home U U U U U U U X X X X Community recreation P P P P P P P P P X X Fences or walls A A A A A A A A A A A Foster home P P P P P C C C C X X Garage A A A A A A A A A A A Guest quarters A A A U U U X X X X X Home occupation U U U U U U U U U X X Model home A A A A A A A A A X X Real estate sales trailer T T T T T T T T T T T Single-family dwelling in temporary structure T T T T T T T T T T T Sports court A A A A A A A A A A A Swimming pool or spa A A A A A A A A A A A Transitional housing C C C C C C C C C X X Agricultural Apiary U U U X X X X X X X X Aviary U U U X X X X X X U U Chickens U U U U X X X X X X X Community garden P P P P P P P P P P P Composting facility A X X X X X A X X X C Corral or barn P A A X X X A X C X X Dairy farm C X X X X X X X X X X Farming P A X X X X X X X X X Feedlot C X X X X X X X X X X Roosters and other fowl, ratites, or rodents U U X X X X X X X X X Greenhouse P A A A A A A P P P P Household pets P P P P P P P P P P P Livestock auction yard C X X X X X X X X X X Livestock U U X X X X U X X X X Medical marijuana dispensary offsite cultivation X X X X X X X X X X X Nursery P C X X X X X P P P P Riding arena P U U X X X A X X X X Rodeo grounds C C C X X X A X X X X Stable, private U U U X X X U X X X X Stable, public P C X X X X C C C C C Swine U C X X X X X X X X X Lodging Bed and breakfast P P P C C X P P P X X Campground C X X X X X P X X X X Marana Study Session Meeting 02/09/2021 Page 54 of 248 00062818.DOCX /2 MARANA LDC UPDATE 5 2/24/2020 Title 17. Land Development 17 Table 2. Use matrix Uses AG RA ER NR GR MR RR NC VC LI HI Hotel X X X X X X P C P P P Resort C C X X X X P C P C X RV park C X X X X X P C P X X Vacation rental P P P P P P P P P X X Entertainment Amusement, indoor X X X X X X A U P P P Amusement, outdoor C X X X X X A C P P P Golf course P P P P P P A X X X X Sexually oriented business X X X X X X X X U U U Shooting range, indoor C X X X X X C C C C C Shooting range, outdoor C X X X X X X X X X X Special event venue C X X X X X A X C P P Zoo; petting zoo C X X X X X C X X X X Service Adult day health care facility X X X X X X A P P X X Assisted living center X X X X X X P P P X X Automobile paint or body shop X X X X X X X X X P P Automobile service facility C X X X X X X C P P P Automobile fuel station X X X X X X A P P P P Bar X X X X X A A P P P P Car wash X X X X X X X C P P P Child care facility C C C C X X A P P C C Commercial vehicle service facility A X X X X X X X X P P Donation bin X X X X X X X T T T T Financial institution X X X X X X X P P P P Fitness center X X X X X X A U P P P Helistop X X X X X X C X A P P Laundry or dry cleaner X X X X X X X U U P P Kennel C X X X X X X X U U U Medical clinics X X X X X X A P P P P Parking lot A A A A A A A P P P P Personal service X X X X X X A P P P P Public horse track C X X X X X X X X X X Restaurant C X X X X A A P P P P Mobile food vendor X U U U U U U U U U U Truck stop U X X X X X X X U U U Veterinary clinic C X X X X X X P P P P Office Office A X X X X A A P P P P Television, radio, or film studio X X X X X X C U U P P Retail Agricultural, industrial, or commercial vehicle sales or lease C X X X X X X X X P P Auto/vehicle sales X X X X X X X X P P P Farmers market P X X X X X P P P P P Marana Study Session Meeting 02/09/2021 Page 55 of 248 00062818.DOCX /2 MARANA LDC UPDATE 6 2/24/2020 Title 17. Land Development 17 Table 2. Use matrix Uses AG RA ER NR GR MR RR NC VC LI HI Medical marijuana dispensary/marijuana establishment (dual licensee) X X X X X X X X C C C Package liquor store X X X X X X X P P P P Retail establishment, under 30,000 sq. ft., no open storage X X X X X A A P P P P Retail establishment, 30,000 sq. ft. and larger, no open storage X X X X X X X X P P P Retail establishment with open storage X X X X X X X X C P P Temporary retail T X X X X T T T T T T Open space Public park or playground P P P P P P P P P P P Institutional Cemetery or mausoleum without crematory P C X X X X X C P P P Cemetery or mausoleum with crematory C X X X X X X X C C P Hospital X X X X X X X C C C C Indoor assembly C X X X X X A U P P P Long-term care facility X X X X X X C P P P P Place of worship P P P P P P P P P P P Private school C C C C C C A P P P P Utilities Power plant C C X X X X X X X C C Utility facility C C C C C C C P P P P Wireless communication facility U U U U U U U U U U U Industrial Batching plant C X X X X X X X X X C Construction equipment sales, service, storage or distribution X X X X X X X X X C P Contractor’s yard X X X X X X X X X P P Dog and cat food processing X X X X X X X X X X X Explosive materials manufacturing or storage X X X X X X X X X X C Fertilizer plant X X X X X X X X X X X Food processing facility C X X X X X X C C C P Foundry X X X X X X X X X X C Heavy manufacturing X X X X X X X X X C C Junkyard X X X X X X X X X X C Laboratory X X X X X X X A C P P Light manufacturing X X X X X X X X X P P Mineral extraction or borrow pit C X X X X X X X X X C Rendering plant X X X X X X X X X X X Rubber reclaiming or processing X X X X X X X X X X X Self storage, indoor X X X X X X X C P P P Self storage, outdoor X X X X X X X X X P P Slaughterhouse X X X X X X X X X X X Tar or asphalt processing (excluding batching plant) X X X X X X X X X X X Warehouse X X X X X X X X X P P Marana Study Session Meeting 02/09/2021 Page 56 of 248 00062818.DOCX /2 MARANA LDC UPDATE 7 2/24/2020 Title 17. Land Development 17 17-4-3 Use conditions matrix The following table lists the conditions that apply to uses marked with a “U” in Table 2 (Use matrix). Where a zoning group is listed in the “zone(s)” column, the conditions apply to all zoning districts in that zoning group. Table 3. Conditions per use USE ZONE(S) CONDITION(S) Residential Manufactured home RA ER Shall be fully skirted unless placed at ground level Modular home ER NR GR Architectural similarity and compatibility for the purpose of blending into the existing neighborhood Accessory structure ER Shall consist of a maximum of 2,500 total square feet per parcel NR Shall consist of a maximum of 1,500 total square feet per parcel Child care home AG RA ER NR GR MR RR Must be conducted in a single-family dwelling by a full time occupant of the dwelling During operating hours, the entire property may be devoted to the use An opaque five-foot fence or wall shall screen outdoor activity and equipment areas from any adjacent residential use AG RA ER NR GR Shall not employ more than one nonresident of the premises All parking shall be on site and shall not include commercial parking features such as wheel stops, parking lanes or striping Shall maintain the required residential off-street parking Any new structure or proposed changes to an existing single- family dwelling used as a child care home must be consistent with the residential character of the single-family dwelling as it appeared before operation of the child care home Guest quarters GR MR Must be located within the principal residence NR Must be located within the principal residence on lots smaller than 16,000 square feet Home occupation AG RA ER NR GR MR RR NC VC Must be conducted by a full time occupant of the dwelling Shall not exceed 25% of the gross floor area of a dwelling Shall not employ more than one nonresident of the premises Exterior public display of stock-in-trade, external evidence of the home occupation, and outdoor storage of equipment or material associated with the home occupation are prohibited All parking shall be on site and shall not include commercial parking features such as wheel stops, parking lanes or striping Shall maintain the required residential off-street parking Shall not create more parking demand or vehicular or pedestrian traffic than a typical residential use No more than one vehicle shall be used in conjunction with the home occupation Marana Study Session Meeting 02/09/2021 Page 57 of 248 00062818.DOCX /2 MARANA LDC UPDATE 8 2/24/2020 Title 17. Land Development 17 Table 3. Conditions per use USE ZONE(S) CONDITION(S) Shall not cause any sustained, unpleasant, or unusual noises or vibrations; noxious fumes or odors; or other nuisances in the immediate neighborhood Shall serve no more than five clients per day Shall serve no more than two clients at a time Any new structure or proposed changes to an existing structure used in conjunction with the home occupation must be consistent with the residential character of the dwelling Prohibited home occupations include auto repair and service; veterinarian service, kennels, and pet grooming; commercial food preparation; mortuary or embalming service; tattoo parlor; welding service; and any commercial use not customarily incidental to a residential use Does not include specific uses regulated by other provisions of this title Agricultural General All Lot area and fenced area for one type of animal shall not also be counted for any other type of animal Minimum fenced area is included in minimum lot area Apiary AG RA ER Colonies shall be maintained in movable-frame hives Hives shall be erected using a hive stand which separates the hive’s bottom boards from directly contacting the ground Colonies shall be maintained to reasonably prevent undue swarming or aggressive behavior Four colonies shall be permitted for every 10,000 square feet of parcel area 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 Aviary AG RA ER LI HI No more than 40 birds permitted on any property within a residential district or adjacent to a residential district Must be set back a minimum of 60 feet from any property line and 20 feet from any residential structure or aviary Length or width shall not exceed 50 linear feet except in the AG zone Shall not exceed the maximum building height of the applicable zoning district Shall not exceed 2,000 square feet Chickens; roosters; other fowl AG RA No more than 40 animals per acre Structures shall be set back a minimum of 60 feet from any property whose zoning does not allow roosters or other fowl, and a minimum of 30 feet from any property line Chickens ER NR One chicken permitted for every 1,000 square feet of lot area Chickens and associated structures prohibited in the area extending the full width of the lot between the main building and the front street lot line Marana Study Session Meeting 02/09/2021 Page 58 of 248 00062818.DOCX /2 MARANA LDC UPDATE 9 2/24/2020 Title 17. Land Development 17 Table 3. Conditions per use USE ZONE(S) CONDITION(S) Structures six feet or less in height and 16 square feet or less in area are not required to be set back from the side or rear property line, but must be behind the main building Structures more than six feet in height or larger than 16 square feet in area are subject to accessory building setback requirements All structures must be at least 20 feet from any offsite dwelling unit A setback is not required from property lines abutting alleys, rights-of-way, access easements, or nonresidential uses, or with the consent of the adjacent property owner The maximum permitted height of a structure is 12 feet Livestock, large or small AG RA RR Animals shall be confined within a stock-tight fence or corral 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 the front property line No barn, shed, corral, fence, or other structure for the housing or confinement of one or more large livestock or more than three small livestock, shall be erected, constructed, or moved to within 100 feet of a human residence, except the on-site residence of the owner of the animals Livestock, large AG RA RR One animal shall be permitted for every 10,000 square feet of lot area A minimum of 400 square feet of fenced area shall be provided for each animal Livestock, small AG RA RR One animal shall be permitted for every 5,000 square feet of lot area A minimum of 200 square feet of fenced area shall be provided for each animal Ratites AG RA One permitted for every 10,000 square feet of lot area Animals shall be confined within minimum six-foot-high stock- tight fenced corrals Structures shall be set back a minimum of 60 feet from any property line Corrals shall be set back a minimum of 30 feet from any property line Riding arena RA Allowed only with a conditional use permit, except that a private and unlighted riding arena is allowed as an accessory use if it is set back a minimum of 100 feet from any adjacent residential property line and a minimum of 60 feet from all other property lines ER A private and unlighted riding arena is allowed as an accessory use if it is set back a minimum of 100 feet from any adjacent residential property line and a minimum of 60 feet from all other property lines Marana Study Session Meeting 02/09/2021 Page 59 of 248 00062818.DOCX /2 MARANA LDC UPDATE 10 2/24/2020 Title 17. Land Development 17 Table 3. Conditions per use USE ZONE(S) CONDITION(S) A private and lighted riding arena is allowed only with a conditional use permit Rodents AG RA A maximum of 40 animals permitted per acre Structures shall be set back a minimum of 60 feet from any property line Stable, private AG Unlighted only RA ER RR Allowed only as an accessory use Unlighted only Swine AG Minimum lot size shall be one acre One swine per acre shall be permitted for a parcel smaller than five acres 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 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 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 No barn, shed, corral, fence, or other structure for the housing or confinement of one or more swine shall be erected, constructed, or moved to within 100 feet of a human residence, except the on-site residence of the owner of the animals Entertainment Amusement, indoor NC Shall not exceed 30,000 sq. ft. Sexually oriented business VC LI HI Shall meet all of the setbacks and other requirements set forth in A.R.S. § 13-1422 as it may be amended from time to time Service Fitness center NC Shall not exceed 10,000 sq. ft. Laundry or dry cleaner NC Shall not exceed 10,000 sq. ft. Laundry or dry cleaner VC Shall not exceed 30,000 sq. ft. Kennel VC LI Boarding allowed only in fully enclosed building Not permitted within 1,000 feet of any existing residence Kennel HI Not permitted within 1,000 feet of any existing residence Mobile food vendor RR NC VC LI HI Shall comply with the requirements of chapter 9-13 RA NR ER GR MR Shall comply with the requirements of chapter 9-13 A mobile food vendor selling only ice cream may operate on public rights-of-way in residential zoning districts Marana Study Session Meeting 02/09/2021 Page 60 of 248 00062818.DOCX /2 MARANA LDC UPDATE 11 2/24/2020 Title 17. Land Development 17 Table 3. Conditions per use USE ZONE(S) CONDITION(S) May operate on private property in a residential zoning district with a separate agreement with the property owner; maximum of six hours within a 24 hour period Truck stop AG VC LI HI Only permitted with a conditional use permit (see section 17-3- 2) near an interstate highway interchange Office Television, radio, or film studio NC VC Shall not exceed 10,000 sq. ft. except upon issuance of a conditional use permit (see section 17-3-2) Institutional Indoor assembly NC Shall not exceed 30,000 sq. ft. Utilities Wireless communication facility All See chapter 17-18 17-4-4 Agricultural (AG) A. Properties in the agricultural (AG) zoning district are regulated based on their primary use as set forth in the use matrix set forth in section 17-4-2. B. The purpose of the AG zone is to accommodate agricultural, rural, and open space uses and related activities. This zone will minimize adverse impacts on rural and agricultural lands from development of incompatible land uses and urban encroachment. C. Development standards: Lot area (minimum) 5 acres Setbacks (minimum) Front – 40 ft. Side – 40 ft. Rear – 60 ft. Building height (maximum) 30 ft. Accessory building, not for agricultural use – 30 ft. Accessory buildings, for agricultural use – 50 ft. Lot coverage (maximum) 40% of the total lot area 17-4-5 Residential zoning districts R-180, R-144, R-80, R-36, R-16, R- 10, R-8, R-7, R-6, R-5, R-4, and R-3 A. The R-180, R-144, R-80, R-36, R-16, R-10, R-8, R-7, R-6, R-5, R-4, and R-3 residential zones consist primarily of single-family homes, with one dwelling and accessory buildings on an individual lot. B. The following development standards apply in the R-180, R-144, R- 80, R-36, R-16, R-10, R-8, R-7, R-6, R-5, R-4, and R-3 zones: Marana Study Session Meeting 02/09/2021 Page 61 of 248 00062818.DOCX /2 MARANA LDC UPDATE 12 2/24/2020 Title 17. Land Development 17 1. Minimum lot sizes for each zone are determined by the number following the dash multiplied by one thousand square feet. For example, the minimum lot size of the R-180 zoning district is 180,000 square feet. 2. Properties are regulated based on their primary use as set forth in the use matrix set forth in section 17-4-2. 3. Only one primary use is permitted. 4. No accessory buildings may be located within the minimum front setback. 5. Lot widths and depths. a. Each lot must have a width-to-depth ratio of between 3.0 and 0.33. Therefore, the average depth of the lot must be at least one-third its average width, and the average width of the lot must be at least one-third its average depth. b. When the ratio set forth in the preceding paragraph provides a lot width or depth less than the minimum lot widths and depths set forth in table 4 (development standards per residential zone), the minimum lot widths and depths set forth in table 4 apply. 6. Utilities. All utilities must be undergrounded. 7. Table 4 (development standards per residential zone) establishes the site development standards of the residential zones (with the column headings deleting the “R-“ portions of the zone designations, and where “B” signifies that the item is governed by minimum building code requirements only): Table 4. Development standards per residential zone Development standard Zone R-___ 180 144 80 36 16 10 8 7 6 5 4 3 Minimum lot width (feet)⌂ 175 175 120 100 80 70 65 55 50 45 40 35 Minimum lot depth (feet) 275 200 200 100 100 95 90 85 80 77 74 70 Minimum lot boundary setbacks (feet)— Main building‡— Front 40 40 30 30 20 16 16 16 16 10 10 10 Front-loading garage 40 40 30 30 25 20 20 20 20 20 20 20 Side abutting a street 30 30 30 20 15 10 10 10 10 10 10 10 Side 30 30 30 15 10 5 5∆ 5∆ 5∆ B B B Rear 50 50 40 30 20 15 15 15 15 10 10 10 Rear and side—covered patio structure open on at least three sides 20 20 20 10 5 5 5∆ 5∆ 5∆ 5∆ 5∆ 5∆ Accessory building 30 30 30 20 10 5 5∆ 5∆ 5∆ B B B Minimum building separation (in feet) between— Principal buildings 20 20 20 20 15 10 10 10 10 B B B Principal and accessory building 10 10 10 10 10 5 5 5 5 B B B Marana Study Session Meeting 02/09/2021 Page 62 of 248 00062818.DOCX /2 MARANA LDC UPDATE 13 2/24/2020 Title 17. Land Development 17 Table 4. Development standards per residential zone Development standard Zone R-___ 180 144 80 36 16 10 8 7 6 5 4 3 Accessory buildings 10 10 10 10 10 5 5 5 5 B B B Maximum building height (feet) — Main building 30 30 30 30 30 30 30 30 30 30 30 30 Accessory building† 30* 30* 30* 25 25 25 25 25 25 25 25 25 Maximum lot coverage (percent of total lot area)√ 40 40 40 40 50 50 50 50 50 75 75 75 ⌂ Corner lots shall be at least five feet wider than the minimum lot width of the zone to permit conformance with the required street side yard requirements and sight visibility triangles. ‡ In subdivisions containing one or more lots 16,000 square feet or smaller, the residential design guidelines allow smaller setbacks in certain situations. ∆ Side setbacks of individual lots in these zones may be reduced so long as the total separation between buildings on adjacent lots is not less than ten feet. †Accessory building height shall be the lesser of the actual height of the main building or the accessory building height shown here. This does not apply to accessory buildings used for agricultural purposes in the R-180, R-144, and R-80 zones. *Accessory buildings used for agricultural purposes shall be limited to 50 feet in height. √In subdivisions containing one or more lots 16,000 square feet or smaller, the residential design guidelines allow greater lot coverage in certain situations. 17-4-6 Multi-family residential (MR) zoning group A. Description. The MR zoning group consists of the MR-1 and MR-2 zones. B. Density. Undevelopable areas such as washes and slopes over 15% shall be excluded when calculating density in the MR zoning group net developable area. C. Design standards. All pertinent requirements of chapter 17-8 (multi- family, commercial, and industrial design standards) apply in the MR zoning group. Marana Study Session Meeting 02/09/2021 Page 63 of 248 00062818.DOCX /2 MARANA TOWN CODE 14 3/12/2018 Title 17. Land Development 17 D. The following development standards apply in the MR zones: Table 5. Development standards per MR zone Development standard MR-1 MR-2 Density 14 units per acre minimum 14 units per acre maximum Site setbacks (minimum) Front – 20 ft. Front – 20 ft. Side – 20 ft. Side – 20 ft. Rear – 20 ft. Rear – 20 ft. Building height (maximum) 50 ft. 35 ft. Lot coverage (maximum) 70% of the total lot area 55% of the total lot area Recreational or active common area (minimum) 20% of site excluding parking, circulation, and drainage areas 15% of site excluding parking, circulation, and drainage areas Private patio, balcony, or combination (minimum) N/A 75 sq. ft. per unit 17-4-7 Commercial zoning districts A. General. The commercial zoning districts are the RR, NC, and VC zones. 1. Properties are regulated based on their primary use as set forth in the use matrix set forth in section 17-4-2. 2. A single parcel may have multiple permitted uses. B. Purpose. 1. Resort and recreation zone (RR). The resort and recreation zone provides for the development and operation of temporary lodging, recreation opportunities and associated specialized guest facilities while protecting adjacent land uses from inappropriate and adverse impacts. 2. Neighborhood commercial (NC) zone. The neighborhood commercial (NC) zone accommodates businesses serving neighborhood residential needs including retail sales and professional services and ensures compatibility with adjacent residential uses. 3. Village commercial (VC) zone. The village commercial (VC) zone is a community level commercial zone intended to provide for business serving the town and surrounding communities providing the sale of goods and services and a variety of commercial and professional activities as well as higher-density residential opportunities. C. Landscaping: See section 17-11-7 (landscape requirements) and the landscaping provisions of chapter 17-8 (multi-family, commercial, and industrial design standards). Marana Study Session Meeting 02/09/2021 Page 64 of 248 00062818.DOCX /2 MARANA TOWN CODE 15 3/12/2018 Title 17. Land Development 17 D. Design standards. See chapter 17-8 (multi-family, commercial, and industrial design standards). E. The following development standards apply in the commercial zones: Marana Study Session Meeting 02/09/2021 Page 65 of 248 00062818.DOCX /2 MARANA TOWN CODE 16 3/12/2018 Title 17. Land Development 17 Table 6. Development standards per commercial zone Development standard RR NC VC Site area 10 acres min. 1 acre min., 20-acre max. 10 acres Floor area ratio (maximum) 0.25 0.5 0.5 Density 4.36 units per acre 10 dwelling units per acre 15 dwelling units per acre Site setbacks (minimum) Arterial or collector – 40 ft. Other roads – 25 ft. Side – 25 ft. Rear – 25 ft. Front – 20 ft. Street side—20 ft. Side – 20 ft. Rear – 20 ft. Abutting residential zone property line – 25 ft. Front - 30 ft. Street side – 30 ft. Side – 20 ft. Rear – 20 ft. Building height (maximum) 50 ft. Accessory buildings – 40 ft. 50% height increase may be approved with a conditional use permit (see section 17-3-2, conditional use permits) Height must match adjacent parcel permitted height within 75 ft. of site property line 30 ft. Accessory buildings - 25 ft. 50 ft. (commercial) 40 ft. (residential) Accessory buildings – 30 ft. Lot coverage (maximum) 40% of the total lot area 40% of the total area (commercial) 50% of the total area (residential) 55% of the total area Landscape area requirements (minimum; site) 25 ft. front, street side, and abutting residential zones Street frontages require trees planted at no more than 40 ft. on center with 25% in a 24-inch box or greater Landscaping must cover at least 15% of the site Landscaping and trees must cover at least 15% of, and be evenly distributed throughout, parking areas Must provide one tree for every six parking stalls N/A N/A Marana Study Session Meeting 02/09/2021 Page 66 of 248 00062818.DOCX /2 MARANA TOWN CODE 17 3/12/2018 Title 17. Land Development 17 17-4-8 Industrial zoning districts A. The industrial zoning districts are the LI and HI zones. Properties in industrial zoning districts are regulated based on their primary use as set forth in the use matrix set forth in section 17-4-2. B. Purpose. 1. Light industrial (LI). The light industrial (LI) zone provides for manufacturing, processing, research, science, engineering, wholesale trade, services, general commercial, institutional and retail sales. 2. Heavy industrial (HI). The heavy industrial (HI) zone provides for manufacturing, processing, research, science, engineering, and wholesale trade. C. Design standards. See chapter 17-8 (multi-family, commercial, and industrial design standards). D. Storage: Outdoor storage must be screened on all sides by opaque fencing and solid gates. In the LI zone, outdoor storage areas are only permitted as an accessory use and the total area may not exceed 20% of the floor area of the parcel’s buildings. E. The following development standards apply in the industrial zones: Table 7. Development standards per industrial zone Development standard LI HI Site area (minimum) One acre (no minimum lot size) One acre (no minimum lot size) Floor area ratio (maximum) 0.75 1.00 Site setbacks (minimum) Residential street – 50 ft. Residential street – 50 ft. Non-residential street – 20 ft. Non-residential street – 20 ft. Where abutting a residentially-zoned parcel—30 ft. or the height of the building, whichever is greater, and the entire setback shall be landscaped Abutting a residentially- zoned parcel—30 ft. or the height of the building, whichever is greater All other situations – 15 ft. All other situations—15 ft. Marana Study Session Meeting 02/09/2021 Page 67 of 248 00062818.DOCX /2 MARANA TOWN CODE 18 3/12/2018 Title 17. Land Development 17 Table 7. Development standards per industrial zone Development standard LI HI Building height (maximum) 50 ft. 55 ft. Lot coverage No maximum No maximum 17-4-9 Mixed-use zoning districts A. General. The mixed-use zoning districts are the BU, DO, DT, and DN zones. Properties in mixed-use zoning districts are regulated primarily on the physical form, intensity, character, and size of buildings and uses. Use restrictions in the mixed-use zoning districts are found in the use matrix set forth in table 8 below. B. Purpose. The mixed-use zoning districts promote walkable, compact, downtown and neighborhood development. The zones will vary the intensity of land use, variety of land uses, scale and size of buildings, and other factors according to the context. 1. The BU zone is implemented through a blended-use plan, approved with the rezoning to BU, comprised of a combination of the three intensities described below and regulated by section . a. Low intensity: Consists of single-family residential areas, with some mix of uses, home occupations, and accessory buildings. b. Medium intensity: Consists of a mix of uses but is primarily blended density residential. It contains a wide range of building types—houses, courtyard housing, townhouses, duplexes, triplexes, small apartment buildings, and live- work units. c. High intensity: Consists of higher density mixed-use buildings that accommodate retail, offices, institutions, and apartments or condominiums. 2. The DT and DN zones are implemented through a downtown implementation plan, submitted by one or more owners of land located in the DO district. Until submission and approval of a downtown implementation plan, the underlying zoning entitlements remain in place. Upon town approval of a downtown implementation plan, the underlying zoning entitlements are replaced with the zoning entitlements set forth in the DT and DN zones. C. Use. Mixed-use districts are subject to the requirements of table 8 below, where the notations have the following meanings: 1. “P” means the use is permitted subject to design standards. 2. “A” means the use is permitted as an accessory use located on the same lot with a permitted use. Marana Study Session Meeting 02/09/2021 Page 68 of 248 00062818.DOCX /2 MARANA TOWN CODE 19 3/12/2018 Title 17. Land Development 17 3. “C” means the use is allowed upon approval of a conditional use permit (see section 17-3-2). 4. “U” means the use is allowed upon meeting the conditions set forth in table 9 below. 5. “T” means the use is allowed upon approval of a temporary use permit (see section 17-3-3). 6. “X” means the use is prohibited. D. Uses not mentioned. 1. General presumption. Uses not listed in Table 8 and not otherwise prohibited by law shall be presumed to be permitted subject to the conditions and restrictions that apply to the most similar use, as determined by the planning director. A use shall be prohibited only if the planning director determines that the use is not similar to any listed use. 2. Planning director determination. In making the determination required by paragraph 17-4-9 D. 1 above, the planning director shall use as a guide the most recently published north American industry classification system as established by the United States census bureau. 3. Notice of determination. The planning director’s determination under paragraph 17-4-9 D. 1 above shall be filed in the office of the town clerk, with copies provided to the council and manager. 4. Ratification or modification. The planning director’s determination may be ratified or modified by legislative action of the town council upon recommendation by the planning commission. 5. No similar uses. If the planning director determines that a similar use does not exist, the planning director may submit an amendment to this section to establish a specific listing for the use in question by legislative action of the town council upon recommendation by the planning commission. Table 8. Mixed-use zoning district use matrix Use Blended use zone (BU) intensity Downtown overlay (DO) Low Medium High DN DT Residential Single-family detached P P X P X Two-family P P X P X Three-family X P P P P Townhouse X P P P P Multi-family X U P U P Live-work X P P P P Accessory dwelling P P P P P Marana Study Session Meeting 02/09/2021 Page 69 of 248 00062818.DOCX /2 MARANA TOWN CODE 20 3/12/2018 Title 17. Land Development 17 Table 8. Mixed-use zoning district use matrix Use Blended use zone (BU) intensity Downtown overlay (DO) Low Medium High DN DT Detached accessory structure A A A A A Group home C C C C C Home occupation A A A A A Model home A A A A A Modular home C X X X X Sales office T T P T P Sports court, unlighted A A A A X Civic space Park P P U P U Green P P U P U Square P P P P P Plaza X P P P P Multipurpose field P P X P X Playground P P P P P Community garden P P P P P Agricultural Corral, barn, or other animal-keeping structure A X X X X Greenhouse P U U U U Kennel A X X X X Stables A X X X X Lodging Bed and breakfast U U X U P Hotel X X P U P Resort X X P U X Entertainment Adult entertainment X X X X X Bowling center X X P X P Theater, excluding drive-in X X P X P Automotive Automobile service facility X X C X X Automobile fuel station X X C X X Auto sales X X X X X Car wash X X C X X Drive-thru facility X X C X X Office Live-work U U P U P Office U U P U P Service Business service X U U U U Marana Study Session Meeting 02/09/2021 Page 70 of 248 00062818.DOCX /2 MARANA TOWN CODE 21 3/12/2018 Title 17. Land Development 17 Table 8. Mixed-use zoning district use matrix Use Blended use zone (BU) intensity Downtown overlay (DO) Low Medium High DN DT Commercial laundry X X U U X Child care home provider P P P P X Day care center C C C C C Donation bin X X X X X Financial institution X X U U U Hospital X X P X X Medical clinic X U U U C Medical marijuana dispensary X X C X C Mini-storage X X X X X Personal service X P P P P Veterinary clinic X X U C C Retail Bar, pub, tavern, micro- brewery X U U U U Live-work X P P P P Package liquor store X X U X U Restaurant X U U U U Retail facility X U U U U Institutional Cemetery or mausoleum U U X U X Club or meeting hall X U U X X Funeral home X U U U U Museum X U U U U Place of worship U U U U U Education Elementary or middle school U U U U X High school X U U U X Utilities Communications facility C C C C C Utility facility C C C C C 6. Multiple uses. Multiple uses within a single site or building are permitted in all mixed-use districts and areas. 7. Conditional uses. Conditional uses listed in table 8 above are limited for size or intensity per table 9 below. Marana Study Session Meeting 02/09/2021 Page 71 of 248 00062818.DOCX /2 MARANA TOWN CODE 22 3/12/2018 Title 17. Land Development 17 Table 9. Conditions per area BU low intensity BU medium intensity; DN BU high intensity; DT Civic space None None Parks and greens permitted along the perimeter Agricultural Not applicable On-site parking may not exceed 20 spaces On-site parking may not exceed 30 spaces Residential Not applicable Six dwelling units maximum No maximum Lodging Six rooms maximum 12 rooms maximum No maximum Office 600 sq. ft. maximum 6,000 sq. ft. per floor maximum No maximum Service & retail Not applicable 10,000 sq. ft. maximum; no open storage 30,000 sq. ft. maximum; no open storage Institutional On-site parking may not exceed 20 spaces On-site parking may not exceed 30 spaces On-site parking may not exceed 50 spaces Education Not applicable Childcare facilities may have no more than four parking spaces; elementary schools may not exceed five acres unless playground has 24-hour access E. Civic space. The purpose of civic space is to ensure civic amenities are appropriate in type and location. Civic space is required per the standards below. 1. At least 5% of the net developable area of all blended-use plans and of downtown implementation plans five acres or larger must be dedicated to civic space. 2. Civic spaces are identified and located in the blended-use plan or downtown implementation plan, and are permitted by location per table 8 above. 3. Each blended-use plan or downtown implementation plan 40 acres or more in area must have at least one green, square, or plaza (see 2, 3, or 4 of table 1010). The main civic space must be located within 800 feet of the geographic center of the plan and may be adjusted up to 25% in length from the center by the Marana Study Session Meeting 02/09/2021 Page 72 of 248 00062818.DOCX /2 MARANA TOWN CODE 23 3/12/2018 Title 17. Land Development 17 planning director for topographical conditions, or existing street alignment. 4. A square or plaza (3 and 4 of table 1010) must have a minimum of 50% of its perimeter bounded by streets. 5. Civic spaces are designed per table 1010. Table 10. Civic space types 1. Park Area Three acres, minimum Standard: A space independent of surrounding buildings. Landscape must consist of paths and trails, fields, and open shelters, all naturalistically disposed. 2. Green Area One to five acres Standard: An open space spatially bounded by landscaping rather than buildings. Character consists of landscaping and trees, naturalistically disposed. 3. Square Area One-half to five acres Standard: An open space spatially bounded by buildings. Landscape consists of paths, landscaping and trees, formally disposed. Squares are located at the intersection of major streets. 4. Plaza Area One-quarter to four acres Standard: A plaza is formed by building fronts. Landscape consists primarily of pavement. Shade is required for 30% of the space. Plazas must be located at the intersection of major streets. Marana Study Session Meeting 02/09/2021 Page 73 of 248 00062818.DOCX /2 MARANA TOWN CODE 24 3/12/2018 Title 17. Land Development 17 Table 10. Civic space types 5. Neighborhood multipurpose field Area One and a half to three acres Standard: There must be a 20-ft. clear zone at the perimeter landscaped with canopy trees. If adjacent to a street, the street trees may provide the required shade. The multipurpose field may also serve as a stormwater basin. 6. Playground Area Varies Standard: A playground must be fenced and may include an open shelter or shade structure. Playgrounds are located within residential areas and may be placed within a block or as part of another civic space. 7. Community garden Area Varies Standard: Community gardens consist of land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. F. Development standards. 1. Site standards. a. Setbacks. Buildings must be set back from parcel boundaries according to table 16, table 17, table 188, table 199, and table 20 below. b. Lot coverage. Lot coverage by buildings is limited to the maximum percentage specified in to table 166, table 177, table 188, table 199, and table 20 below. c. Yards. Yard types must be assigned according to table 11 below. d. Landscaping. Landscaping is subject to the requirements of table 1111, table 166, table 177, table 188, table 199, and table 20 below. Where the minimum number of required trees Marana Study Session Meeting 02/09/2021 Page 74 of 248 00062818.DOCX /2 MARANA TOWN CODE 25 3/12/2018 Title 17. Land Development 17 cannot be reasonably planted in a yard, they may be accommodated with additional streetscape improvements. e. Buffers are not required within blended-use plans or downtown implementation plans, except as specifically required by table 166, table 177, table 188, table 199, and table 20 below. Street frontage buffers are not required in blended- use plans or downtown implementation plans. Table 11. Yard types 1. Common Illustration (BU low intensity) Illustration (BU medium intensity; DN) Planting See table 166, table 177, table 188, table 199, and table 2020; trees should shade the sidewalk Surface 70% minimum must be landscaped; paving is limited to sidewalks and driveways Walkways One per street frontage; must access building entries Fencing Not permitted Marana Study Session Meeting 02/09/2021 Page 75 of 248 00062818.DOCX /2 MARANA TOWN CODE 26 3/12/2018 Title 17. Land Development 17 Table 11. Yard types 2. Fenced Illustration (BU low intensity) Illustration (BU medium intensity; DN) Planting See table 166, table 177, table 188, table 199, and table 2020; trees should shade the sidewalk Surface 50% minimum must be landscaped; paving is limited to sidewalks and driveways Walkways One per street frontage; must access building entries Fencing Required at or along all property lines; three feet minimum and four feet maximum in height 3. Shallow Illustration Planting See table 166, table 177, table 188, table 199 and table 2020 Surface Landscaped in BU medium and DN; paved in BU high and DT (vegetation is permitted in raised containers) Walkways One per building entry Fencing Permitted at building setback line or at outdoor seating areas; three feet maximum in height Marana Study Session Meeting 02/09/2021 Page 76 of 248 00062818.DOCX /2 MARANA TOWN CODE 27 3/12/2018 Title 17. Land Development 17 Table 11. Yard types 4. Urban Illustration Planting Not applicable Surface Must be paved; vegetation is permitted in raised containers Walkways Not applicable Fencing Permitted outdoor seating areas only; three feet maximum in height 5. Pedestrian forecourt Illustration Planting Not applicable Surface Must be paved; vegetation is permitted in courtyard or containers Fencing Permitted outdoor seating areas only; three feet maximum in height Area 1,800 sq. ft. maximum Activation Must be bordered by habitable spaces on three sides, or on two sides at corner sites Marana Study Session Meeting 02/09/2021 Page 77 of 248 00062818.DOCX /2 MARANA TOWN CODE 28 3/12/2018 Title 17. Land Development 17 Table 11. Yard types 6. Vehicular forecourt Illustration Planting Not required Surface Driveway must be paved; the remainder of the yard may be paved or landscaped Fencing Permitted outdoor seating areas only; three feet maximum in height Area 3,000 sq. ft. maximum Activation Must be bordered by habitable spaces on three sides, or on two sides at corner sites f. Parking location. Parking on the site must comply with the following: i. Parking is required to be behind the building. ii. Parking must be accessed from an alley or rear lane in the BU medium and high intensity areas and in the DN and DT zones. iii. Open parking areas must be screened from the street by a building or streetscreen. iv. A streetscreen must have openings no wider than the driveway or sidewalk, plus a setback of 18 inches at driveway intersections. v. A streetscreen shall be no less than 42 inches and no more than six feet in height. g. Parking requirements. No minimum parking requirements apply in the mixed-use zones. Maximum parking requirements apply to certain uses (see table 99). 2. Building standards. a. Minimum frontage buildout. Building facades must be built along the prescribed length of each street frontage as regulated by table 166, table 177, table 188, table 199, and table 2020 and as illustrated in figure 17-a. Marana Study Session Meeting 02/09/2021 Page 78 of 248 00062818.DOCX /2 MARANA TOWN CODE 29 3/12/2018 Title 17. Land Development 17 Figure 17-A. Frontage buildout b. Height. Building heights are measured in stories with the following restrictions: i. Stories are measured from finished floor to finished ceiling. ii. Stories may not exceed 14 feet in height, except that a commercial use on the first floor has a minimum height of 12 feet and a maximum height of 25 feet. iii. Height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. iv. Edge conditions. Height is limited to adjacent parcel zoning height within 50 feet of the lot line in all mixed- use zones. c. Equipment screening. All outdoor electrical, plumbing, and mechanical equipment must be located behind the front facade, or concealed from street view with a screen or wall. d. Accessory dwelling. The habitable area of an accessory dwelling may not exceed 800 sq. ft. or 30% of a principal dwelling, whichever is greater. Garages are not considered habitable area. e. Facades i. The facade must conform to table 1212 and is permitted as specified by table 166, table 177, table 188, table 199, and table 2020. ii. Building entries must be provided as follows: a) The main entrance to the principal building must be located on the primary facade. b) One entry must be provided for every 80 feet of facade leading to habitable space. Marana Study Session Meeting 02/09/2021 Page 79 of 248 00062818.DOCX /2 MARANA TOWN CODE 30 3/12/2018 Title 17. Land Development 17 1) Buildings on corner lots are exempt from entry frequency requirements if the facade is under 50 feet in length. iii. Glazing. a) At least 15% of each story of each facade must be glazed with clear glass. b) At least 50% of the first story of buildings facing Marana Main Street must be glazed with clear glass. c) Additional glazing requirement apply to shopfronts per table 1212. iv. Buildings may include multiple facade types along their length, each type no less than 30 feet in width. v. A shopfront is required for all ground floor commercial uses in the BU high intensity area and in the DT zone except for lodging and office. Table 12. Facade types 1. Porch Requirement Minimum depth of six feet 2. Stoop Requirement Minimum of one foot above highest adjacent sidewalk grade Marana Study Session Meeting 02/09/2021 Page 80 of 248 00062818.DOCX /2 MARANA TOWN CODE 31 3/12/2018 Title 17. Land Development 17 Table 12. Facade types 3. Common entry Awnings and canopies should encroach into the right-of-way 4. Terrace Requirement Minimum eight inches above highest adjacent sidewalk grade 5. Shopfront Requirement At least 50% of each ground floor facade must be glazed with clear glass Marana Study Session Meeting 02/09/2021 Page 81 of 248 00062818.DOCX /2 MARANA TOWN CODE 32 3/12/2018 Title 17. Land Development 17 Table 12. Facade types 6. Gallery Requirements  At least 50% of each ground floor facade must be glazed with clear glass  Must be at least eight feet deep with at least ten feet of vertical clearance 17-4-10 Mixed-use streets The requirements of this section, rather than the town’s subdivision street standards manual, apply within the BU, DN, and DT zones. A. Centerlines of offset thoroughfares entering onto a collector or arterial must be at least 300 feet apart. B. Streets must connect to other streets, forming a network. The planning director is authorized to permit a deviation to this requirement, thereby allowing a dead-end street terminating in a cul-de-sac, consistent with the following requirements: 1. The planning director, in consultation with the town engineer, makes one or more of the following determinations: a. The physical terrain will make connection to other streets cost-prohibitive or unsafe. b. Existing development physically blocks connection to other streets. c. Access restrictions or standard traffic engineering considerations make connection impossible or unsafe. 2. Connectivity for bicycles and pedestrians should be created and maintained whenever possible, even when there is no vehicular connectivity. 3. No cul-de-sac may exceed the greater of 300 feet to the center of the bulb or one-half block in length. C. Block standards. 1. Blocks consist of lots surrounded by streets. a. Lengths of block faces may not exceed the maximum length of a block face, measured along lot lines, per table 133, except Marana Study Session Meeting 02/09/2021 Page 82 of 248 00062818.DOCX /2 MARANA TOWN CODE 33 3/12/2018 Title 17. Land Development 17 the planning director may increase the maximum length by up to 10% to accommodate specific site conditions. Table 13. Maximum block face length Zone or Intensity Length in feet BU low intensity 500 BU medium intensity 400 BU high intensity 300 DT 300 DN 400 b. Where two or more zones or intensities occur on the same block face, the block face length may not exceed the shortest required length. 2. The planning director may exempt blocks adjacent to undeveloped land, areas unsuitable for development, or pre- existing incomplete blocks from a limitation on block length. 3. Block faces exceeding 500 feet must be subdivided with a sidewalk extending through the block that is 12 feet wide, minimum. 4. Rear alleys are required for medium and high intensity areas in the BU zone and in DT and DN zones. Rear alleys are not mandatory where the rear lot lines are at the edge of the site to be subdivided or where the block has been previously subdivided. D. Intersection sight visibility distances are determined based on the subdivision street standards, except that sight visibility zones are not required for mixed-use zone intersections controlled by a traffic signal or stop sign. E. Streets in mixed-use zones must be designed as follows: 1. Streets classified as arterials shall use the avenue street cross section (table 144, cross section 1) 2. Streets classified as collectors shall use the avenue or street cross section (table 144, cross section 1, 2, 3, or 4). 3. Streets classified as local roadways shall use the street cross section (table 144, cross section 2, 3, or 4). 4. As an alternative to the above, streets in the BU high intensity area and in the DT zone may use the commercial street—mixed parking or parking plaza street cross sections (table 144, cross section 7 or 8). 5. The alley cross section (table 144, cross section 5) may be used for secondary, service, or parking access. Marana Study Session Meeting 02/09/2021 Page 83 of 248 00062818.DOCX /2 MARANA TOWN CODE 34 3/12/2018 Title 17. Land Development 17 Table 14. Mixed-use street cross sections 1. Avenue Street type Avenue Right-of-way width 100 feet Pavement width 62 feet total (31 feet each) Movement Free movement, inner lanes Travel lanes Four Parking lanes Parallel both sides, eight feet Curb radius, effective Ten feet Walkway type Sidewalk, ten feet Planter type Four-foot by seven-foot tree well Curb type Vertical, with gutter Street trees Maximum 30 feet on center Marana Study Session Meeting 02/09/2021 Page 84 of 248 00062818.DOCX /2 MARANA TOWN CODE 35 3/12/2018 Title 17. Land Development 17 Table 14. Mixed-use street cross sections 2. Commercial street with diagonal parking Street type Commercial street with diagonal parking Right-of-way width 80 feet Pavement width 57 feet Movement Free movement Travel lanes Two Parking lanes Diagonal both sides, 17.5 feet Curb radius, effective Ten feet Walkway type Sidewalk, 11.5 feet Planter type Four foot by seven foot tree well Curb type Curb with gutter and/or ribbon gutter Street trees Maximum 30 feet on center Marana Study Session Meeting 02/09/2021 Page 85 of 248 00062818.DOCX /2 MARANA TOWN CODE 36 3/12/2018 Title 17. Land Development 17 Table 14. Mixed-use street cross sections 3. Commercial local street with parallel parking Street type Commercial local street with parallel parking Right-of-way width 36 feet; utility and access easement in the sidewalks Pavement width 36 feet Movement Free Travel lanes Two Parking lanes Parallel both sides, eight feet Curb radius, effective Ten feet Walkway type Sidewalk, 12 feet Planter type Four-foot by seven-foot tree well Curb type Vertical, with gutter Street trees Maximum 30 feet on center Marana Study Session Meeting 02/09/2021 Page 86 of 248 00062818.DOCX /2 MARANA TOWN CODE 37 3/12/2018 Title 17. Land Development 17 Table 14. Mixed-use street cross sections 4. Street Street type Street Right-of-way width 32 feet; utility and access easement in curb ways Pavement width 32 feet Movement Slow Travel lanes Two Parking lanes Parallel both sides, six feet. Omit mid- block for 40 foot long staging area. Curb radius, effective Ten feet Walkway type Sidewalk, five feet Planter type Curbway, eight feet landscaped Curb type Mountable, with gutter Street trees Maximum 40 feet on center Marana Study Session Meeting 02/09/2021 Page 87 of 248 00062818.DOCX /2 MARANA TOWN CODE 38 3/12/2018 Title 17. Land Development 17 Table 14. Mixed-use street cross sections 5. Commercial alley Street type Commercial alley Right-of-way width 22 feet Pavement width 11 feet Movement Slow Travel lanes Two Parking lanes None Curb radius Four feet chamfer Walkway type Not applicable Planter type Not applicable Curb type Not applicable Landscape Not applicable Marana Study Session Meeting 02/09/2021 Page 88 of 248 00062818.DOCX /2 MARANA TOWN CODE 39 3/12/2018 Title 17. Land Development 17 Table 14. Mixed-use street cross sections 6. Residential alley Street type Residential alley Right-of-way width 22 feet Pavement width 12 feet Movement Yield Travel lanes One Parking lanes None Curb radius Four feet Walkway type Not applicable Planter type Not applicable Curb type Not applicable Landscape Not applicable Marana Study Session Meeting 02/09/2021 Page 89 of 248 00062818.DOCX /2 MARANA TOWN CODE 40 3/12/2018 Title 17. Land Development 17 Table 14. Mixed-use street cross sections 7. Commercial street—mixed parking Street type Commercial street—mixed parking Right-of-way width 90 feet Pavement width 48 feet Movement Free Travel lanes Two Parking lanes Diagonal, 18 feet; parallel, 8 feet Curb radius, effective Ten feet; 25 feet at existing intersections Walkway type Sidewalk, 21 feet Planter type Tree well, varies Curb type Vertical, with gutter Street trees Maximum 40 feet on center Marana Study Session Meeting 02/09/2021 Page 90 of 248 00062818.DOCX /2 MARANA TOWN CODE 41 3/12/2018 Title 17. Land Development 17 Table 14. Mixed-use street cross sections 8. Parking plaza street Street type Parking plaza street Right-of-way width 107 feet Pavement width 74 feet pervious pavers Movement Free Travel lanes Two Parking lanes Diagonal, 18 feet center; parallel, eight feet sides Curb radius, effective Ten feet; 25 feet at existing intersections Walkway type Sidewalk, 15 feet Planter type 4 ft. x 4 ft. tree well, 6 ft. x 9 ft. center wells Curb type Vertical Street trees Maximum 40 feet on center Marana Study Session Meeting 02/09/2021 Page 91 of 248 00062818.DOCX /2 MARANA TOWN CODE 42 3/12/2018 Title 17. Land Development 17 17-4-11 Blended-use (BU) The blended-use zoning district may be applied by process of rezoning to any parcel 40 acres or greater. The approval of rezoning to BU adopts the blended-use plan submitted by the applicant in conformance with this section and section 17-4-99 (mixed-use zoning districts). A. Blended-use neighborhood types. 1. Aldea. This blended-use neighborhood type consists of no less than 40 acres and no more than 80 acres. 2. Pueblo. This blended-use neighborhood type has no less than 80 acres, and no more than 200 acres. B. Multiple neighborhoods must be developed under a single application on properties larger than 200 acres. C. Intensities. Aldeas and pueblos are comprised of land assigned to intensities rather than uses. The minimum and maximum percentage of the blended-use plan’s total land area to be assigned to each intensity is given in table 15 below. Table 15. Neighborhood areas Low intensity Medium intensity High intensity Aldea 0 – 45% 25 – 75% 0 – 35% Pueblo 0 – 30% 40 – 70% 0 – 30% D. Development standards per intensity area. Table 16. Low intensity Lot width 60 feet minimum, 120 feet maximum Frontage buildout Not applicable Lot coverage 50% maximum Setbacks Front, primary – 20 feet minimum Front, secondary – 15 feet minimum Side – ten feet minimum Rear – 12 feet minimum, five feet minimum for accessory buildings Parking or enclosed storage – 20 feet behind front facade Building height Two stories maximum Yard Common Fenced Facades Porch Stoop Encroachments Porch or patio – 40% of setback maximum, but no more than 8 feet Balcony or bay window – 20% of setback maximum, but no more than four feet Marana Study Session Meeting 02/09/2021 Page 92 of 248 00062818.DOCX /2 MARANA TOWN CODE 43 3/12/2018 Title 17. Land Development 17 Table 16. Low intensity Landscaping Two trees required for every 60 feet of lot width Table 17. Medium intensity Lot width 24 feet minimum, 96 feet maximum Frontage buildout 60% minimum at setback Lot coverage 70% maximum Setbacks Front, primary – six feet minimum, 18 feet maximum Front, secondary – six feet minimum, 18 feet maximum Side – none Rear – three feet minimum Parking or enclosed storage – 20 feet behind front facade, with access from alley or rear lane (see paragraph 17-4- 9 F. 1. f above) Buildings height Three stories maximum Yard Fenced Shallow Facades Porch Stoop Terrace Common entry Encroachments Porch, patio or stoop – 60% of actual setback, but no more than eight feet Balcony or bay window – 20% of actual setback, but no more than four feet Landscaping Minimum ten-foot landscaped buffer abutting non-mixed-use residential zones Minimum of one tree for every 40 feet of lot width (in addition to street trees) Parking lots Must have a minimum of 15% landscaped area, evenly distributed throughout the parking lot and adjacent to buildings Landscaped islands must provide one tree for every six parking stalls Table 18. High intensity Lot width 18 feet minimum, 180 feet maximum Frontage buildout 80% minimum at setback Lot coverage 80% maximum Setbacks Front, primary – no minimum, 12 feet maximum Marana Study Session Meeting 02/09/2021 Page 93 of 248 00062818.DOCX /2 MARANA TOWN CODE 44 3/12/2018 Title 17. Land Development 17 Table 18. High intensity Front, secondary – no minimum, 12 feet maximum Side – no minimum, 24 feet maximum Rear – three feet minimum Parking or enclosed storage – 20 feet behind front facade, with access from alley or rear lane (see paragraph 17-4- 9 F. 1. f above) Buildings height Four stories maximum Yard Shallow Urban Pedestrian forecourt Vehicular forecourt Facades Stoop Common entry Terrace Shopfront Gallery Encroachments Awnings and galleries may encroach the sidewalk to within two feet of the curb Balcony or bay window – 100% of setback maximum Landscaping Minimum 20-foot landscaped buffer abutting non-mixed-use residential zones Parking lots Must have a minimum of 10% landscaped area, evenly distributed throughout the parking lot and adjacent to buildings Landscaped islands must provide one tree for every ten parking stalls 17-4-12 Downtown Marana overlay (DO) A. Purpose. The DO is an overlay designation identifying geographic areas where owners of land may opt to replace their underlying zoning entitlements with the DN and DT zone designations. B. Application. To obtain DN and DT zoning in the DO district, one or more property owners must submit a downtown implementation plan, showing (at a minimum) the requested locations of DN and DT zone designations on their property. C. Administrative approval. The planning director is authorized and directed to approve a downtown implementation plan that conforms to the requirements of sections 17-4-9 (mixed-use zoning districts), 17-4-12 (Downtown Marana overlay (DO)), 17-4-13 (Downtown neighborhood (DN)), and 17-4-14 (Downtown (DT)), and meets the following minimum requirements: Marana Study Session Meeting 02/09/2021 Page 94 of 248 00062818.DOCX /2 MARANA TOWN CODE 45 3/12/2018 Title 17. Land Development 17 1. The DT designation includes all land within 100 feet of the Marana Main Street right-of-way line. 2. The DN designation includes all land within 100 feet of the property line of all properties containing existing single-family residences, excluding any such property for which the property owner consents in writing. 3. The DN designation must be used for land that meets both of the previous two paragraphs. D. Council approval. Any downtown implementation plan not approved pursuant to paragraph C of this section may be submitted as an application for rezoning, which shall be reviewed through the normal rezoning process. 17-4-13 Downtown neighborhood (DN) A. Purpose. The DN zone implements the Marana general plan by providing a transition from the DT to surrounding areas. This zone consists of a mix of uses but is primarily medium density residential. It may contain a wide range of building types: houses, courtyard housing, townhouses, duplexes, triplexes, apartment buildings, and live-work units. B. Development standards. Table 19. Downtown neighborhood (DN) Lot width 24 feet minimum, 96 feet maximum Frontage buildout 60% minimum at setback Lot coverage 70% maximum Setbacks Front—six feet minimum, 18 feet maximum Side – no minimum Rear – three feet minimum Parking or enclosed storage – 20 feet behind front facade Buildings height Three stories maximum Yard Fenced Shallow Facades Porch Stoop Terrace Common entry Shopfront Encroachments Porch, patio or stoop – 60% of actual setback, but no more than eight feet Balcony or bay window – 20% of actual, but no more than four feet Marana Study Session Meeting 02/09/2021 Page 95 of 248 00062818.DOCX /2 MARANA TOWN CODE 46 3/12/2018 Title 17. Land Development 17 Table 19. Downtown neighborhood (DN) Landscaping Minimum ten-foot landscaped buffer abutting non-mixed-use residential zones One tree required for every 40 feet of lot width (in addition to street trees) Parking lots Must have a minimum of 15% landscaped area, evenly distributed throughout the parking lot and adjacent to buildings Landscaped islands must provide one tree for every six parking stalls 17-4-14 Downtown (DT) A. Purpose. The DT zone implements the Marana general plan by providing a mixed-use center for town. This zone consists of higher density mixed-use buildings that accommodate retail, offices, institutions, and apartments. It has a network of walkable streets that create blocks along Marana Main Street with wide sidewalks, street trees, awnings or galleries for shade, and buildings set close to the sidewalks. B. Development standards. Table 20. Downtown (DT) Lot width 18 feet minimum, 180 feet maximum Frontage buildout 80% minimum at setback Lot coverage 80% maximum Setbacks Front—no minimum, 12 feet maximum Side – no minimum, 24 feet maximum Rear – three feet minimum Buildings height Four stories maximum Yard Shallow Urban Pedestrian forecourt Vehicular forecourt Facades Common entry Terrace Shopfront Gallery Encroachments Awnings and galleries may encroach the sidewalk to within two feet of the curb Balcony or bay window – 100% of setback maximum Landscaping Minimum 20-foot landscaped buffer abutting non-mixed-use residential zones Marana Study Session Meeting 02/09/2021 Page 96 of 248 00062818.DOCX /2 MARANA TOWN CODE 47 3/12/2018 Title 17. Land Development 17 Table 20. Downtown (DT) Parking lots Must have a minimum of 10% landscaped area, evenly distributed throughout the parking lot and adjacent to buildings Landscaped islands must provide one tree for every ten parking stalls 17-4-15 Specific plan (SP) A. General. Properties in each specific plan (SP) zoning district are regulated based on site-specific regulations prepared by or on behalf of the master property owner of the particular specific plan area. Each specific plan is adopted through the rezoning process. B. Applicability. The owner or owners of one or more contiguous parcels of land totaling five acres or larger in size may apply for a specific plan. C. Contents of specific plan. At a minimum, a specific plan shall include the elements described below. 1. The map elements of the specific plan shall illustrate and identify all of the following located in or within 150 feet of the plan boundaries: a. North arrow and scale (written and graphic). b. All existing land uses and zoning designations. c. All proposed land uses and zoning designations within the specific plan. d. All existing lots and structures. e. All existing and proposed open space, recreational facilities, parks and trails. f. Public, educational, health care, and religious facilities. g. Water courses and drainage facilities. h. Name, location, and attributes of existing and proposed arterials and collectors: i. Located within the specific plan area, or ii. Needed to serve the specific plan area. i. Location and attributes of existing or proposed provisions for sewage disposal, effluent use, storm water drainage, solid waste disposal, and public utilities. 2. The text elements for the specific plan shall describe and contain all of the following: a. The name by which the specific plan shall be known, including the words “specific plan” in its title. b. The names of all of the following: Marana Study Session Meeting 02/09/2021 Page 97 of 248 00062818.DOCX /2 MARANA TOWN CODE 48 3/12/2018 Title 17. Land Development 17 i. The owner or owners of all land in the specific plan. ii. The holder or holders of any lien on any of the land in the specific plan. iii. The developer of the specific plan. iv. The applicant for approval of the specific plan. v. The firm or person who prepared the specific plan. c. How and to what extent the specific plan is to supplement or supersede the provisions of town code title 17 (land development). d. The legal description and accompanying depiction of the land included within the proposed specific plan. e. The specific plan preparation dates and subsequent revision dates. f. The objectives of the specific plan. g. The compatibility of the specific plan with existing and entitled adjoining land uses. h. A comparison of existing zoning requirements to the zoning entitlements proposed under the application. i. Specific development standards for all proposed development within the specific plan. j. An explanation of the type, provider, and adequacy of existing and proposed utilities and services, including sewer, water, electric, telephone, police, fire, schools, and solid waste disposal. k. A comparison of existing applicable roadway standards with all proposed rights-of-way and pavement widths for each type of street proposed (arterials, collectors, residential collectors and residential). l. A description and schedule of development phasing. m. Drainage and hydrology analysis supporting development and implementation of the specific plan. n. Standards for the phasing, construction, and maintenance of arterials and collectors proposed for the specific plan area or needed to serve the specific plan. o. Standards for the phasing, construction, and maintenance of sewage disposal, effluent use, storm water drainage, solid waste disposal and public utilities. p. Standards for the conservation, development, or use of natural resources, including surface water, soils, vegetation, and wildlife. Marana Study Session Meeting 02/09/2021 Page 98 of 248 00062818.DOCX /2 MARANA TOWN CODE 49 3/12/2018 Title 17. Land Development 17 q. Landscaping standards and requirements for development and implementation of the specific plan. r. Copies of correspondence with federal, state, local, semi- private, or private agencies or organizations relating to the proposed specific plan. D. Waiver of specific submissions. The planning director may waive the requirement to provide any information required under this section by making a written finding specifying the reasons the information is not needed for a thorough review of the proposed specific plan. The waiver shall be included in the materials submitted to the planning commission. E. Findings required. Before approval of a specific plan, the planning commission and the mayor and council shall find that the specific plan conforms to the following general criteria: 1. That the location, design and size of the development proposed by the specific plan: a. Can be well integrated with the surroundings and will be in harmony with any existing or entitled development on nearby property; or b. Will not be detrimental to existing or entitled development on nearby property. 2. That the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development. 3. That the existing and proposed utility infrastructure, public facilities, and public services are suitable and adequate to serve the ultimate build-out of the development proposed by the specific plan. 17-4-16 Legacy zones The zoning districts set forth in sections 17-4-17 through 17-4-26 below are legacy zones. The legacy zones consist of zoning districts that currently exist within the town limits, but that are intended to be phased out over time. Each of these zoning designations is intended to be deleted when no land in the town has that zoning designation. The town will not rezone land to any of these legacy zone districts. 17-4-17 Zone A – small lot zone A. Permitted uses. Within zone A, residential, commercial, industrial, and quasi-public land uses shall be permitted so long as each such land use is conducted on a lot no larger than 2.5 acres. Rezoning is not required to establish a use permitted in the neighborhood commercial (NC) zone, within an existing building or suite in a designated commercial area if the use can be accommodated within the existing building or suite without requiring a new retail commercial building permit. This is not, however, to be construed Marana Study Session Meeting 02/09/2021 Page 99 of 248 00062818.DOCX /2 MARANA TOWN CODE 50 3/12/2018 Title 17. Land Development 17 to permit any land use that may be specifically prohibited within the town by this or any other ordinance of the town or by state or federal law. B. Density requirements. There shall be no maximum density of land use per se, except that density of land use on any parcel of land within zone A shall be determined in part by prior density of land use and by setback requirements defined in this and other titles of this code or as may be determined by other applicable federal, state and local regulations. C. Setbacks. 1. The required front yard (setback) shall be a minimum of 20 feet. 2. The required side yard (setback) shall be a minimum of five feet, with a street side yard (setback) having a minimum of ten feet. 3. The required rear yard (setback) shall be a minimum of 20 feet. D. Building heights. Buildings and structures erected in this zone shall have a height not greater than 30 feet. E. Manufactured home. A manufactured home may be placed on any lot within zone A provided the following conditions are met: 1. There is an existing manufactured home on the lots adjacent to the lots in which the new manufactured home is to be placed. Adjacent, for the purposes of this section, means on either side, and means directly across the street, if one exists, and to the rear across an alley, if one exists. 2. Where the provisions of subparagraph 1 above do not exist, then a manufactured home may be placed on a lot with the issuance of a conditional use permit pursuant to the procedure set forth in section 17-3-2 (conditional use permits). 17-4-18 Zone B – medium lot zone A. Permitted uses. Within zone B, any residential, commercial, industrial, or quasi-public land use is permitted so long as each separate land use is conducted on a lot larger than 2.5 acres but no larger than 25 acres. This is not to be construed, however, to permit any land use that may be expressly prohibited within the town by other ordinances of the town, by other provisions of this code, or by state or federal law. B. Density requirements. There shall be no maximum density of land use per se in this zone, except as may be dictated by prior density of land use and by setback requirements defined elsewhere in this code. C. Setbacks. The setback requirements for zone B shall be the same as for zone A. D. Manufactured home. A manufactured home may be placed on any lot within zone B provided the following conditions are met: Marana Study Session Meeting 02/09/2021 Page 100 of 248 00062818.DOCX /2 MARANA TOWN CODE 51 3/12/2018 Title 17. Land Development 17 1. There is an existing manufactured home on the lots adjacent to the lots in which the new manufactured home is to be placed. Adjacent, for the purposes of this section, means on either side, and means directly across the street, if one exists, and to the rear across an alley, if one exists. 2. Where the provisions of subparagraph 1 above do not exist, then a manufactured home may be placed on a lot with the issuance of a conditional use permit pursuant to the procedure set forth in section 17-3-2 (conditional use permits). 17-4-19 Zone C – large lot zone A. Permitted uses. Within zone C, any residential, commercial, industrial, or quasi-public land use shall be permitted, so long as each separate activity is conducted on a lot no smaller than 25 acres. This is not to be construed, however, to permit any land use that may be expressly prohibited within the town by other sections of this code other ordinances of the town, or state or federal law. B. Density requirements. The maximum density allowed shall be one dwelling unit or one commercial, industrial, or quasi-public establishment per 25 acres. C. Setbacks. No building or structure, except a fence or wall that is not part of a building and not over six feet in height shall be constructed closer than ten feet to any side property line or closer than 40 feet plus one foot for each foot of building height in excess of ten feet above ground level to any front or rear property line. Where a lot is situated on the corner of two dedicated streets, each of the property lines along the right-of-way line of a dedicated street shall be considered to be a front property line, and each other property line shall be considered to be a side property line in determining allowable setbacks. D. Manufactured home. A manufactured home may be placed on any lot within zone C provided the following conditions are met: 1. There is an existing manufactured home on the lots adjacent to the lots in which the new manufactured home is to be placed. Adjacent, for the purposes of this section, means on either side, and means directly across the street, if one exists, and to the rear across an alley, if one exists. 2. Where the provisions of subparagraph 1 above do not exist, then a manufactured home may be placed on a lot with the issuance of a conditional use permit pursuant to the procedure set forth in section 17-3-2 (conditional use permits). 17-4-20 Zone D - designated flood plain zone The permitted uses, density requirements, and setbacks are the same as zone B, but the property owner’s attention is drawn to the fact that this Marana Study Session Meeting 02/09/2021 Page 101 of 248 00062818.DOCX /2 MARANA TOWN CODE 52 3/12/2018 Title 17. Land Development 17 is an area at high risk of flooding and flood hazards. All uses require a floodplain use permit. 17-4-21 Zone E – transportation corridor zone A. Permitted uses. Within zone E, no residential land use shall be permitted except one single-family residence. Any commercial, industrial, or quasi-public land use shall be permitted which is consistent in its location with the land use element of the town’s general plan. This is not to be construed, however, to permit any land use that may be expressly prohibited within the town by other sections of this code, by other ordinances of the town, or by state or federal law. B. Density requirements. There shall be no maximum or minimum density requirements in zone E, except as may be required by the setback requirements of this code or by other applicable federal, state and local regulations. C. Setbacks. The setback requirements for zone E shall be the same as for zone A. 17-4-22 Recreation vehicle (RV) A. Purpose. The purpose of the recreational vehicle (RV) zone is to provide for the development of parks which rent spaces or which provide subdivided lots for sale, catering to the special needs of recreational vehicle environments and lifestyles within the town. B. Location. All recreational vehicle developments shall comply with the town’s general plan. In addition, recreational vehicle developments shall abut a major arterial paved all-weather street meeting town standards. C. Permitted uses. The following uses are permitted within the recreational vehicle (RV) zone: 1. Recreational vehicle parks with one recreational vehicle per rental space. 2. Recreational vehicle subdivisions with one recreational vehicle per lot. D. Accessory uses. 1. Accessory uses appurtenant to recreational vehicle parks include community recreation buildings, facilities, and areas, laundry facilities, manager's office and apartment, child care facilities, and similar accessory uses for the exclusive benefit of the park or subdivision residents. 2. Accessory uses appurtenant to individual recreational vehicles include carports, ramada, cabana, covered patio, storage room and similar uses. Accessory buildings shall not be used for regular occupancy or for sleeping. Marana Study Session Meeting 02/09/2021 Page 102 of 248 00062818.DOCX /2 MARANA TOWN CODE 53 3/12/2018 Title 17. Land Development 17 3. Other customary accessory uses and buildings as may be determined by the planning director which are incidental to the principal use and do not include any activity commonly conducted as a business. However, the occasional sale of a recreational vehicle, motor vehicle, or trailer on a lot on which the seller resides shall not be considered a business. E. Conditional Uses. The following may be permitted subject to the issuance of a conditional use permit pursuant to the procedure set forth in section 17-3-2 (conditional use permits): 1. A boat, auto, or trailer storage area, provided they are in a completely enclosed area surrounded by not less than a six-foot fence or wall, completely screened from view from all sides. 2. Recreational uses intended primarily for the occupants of the park or subdivision, including golf courses and related facilities. 3. Model sales area, provided not more than five spaces are devoted to this use, and not to exceed 12 months, unless an extension is granted by the planning commission. The planning commission may allow an additional sales area where the park or subdivision occupies more than 100 acres. 4. Convenience market. 5. Restaurant, provided the recreational vehicle park or subdivision contain not less than 500 recreational vehicle spaces or lots. 6. Vehicle wash. 7. Mini-storage area, not to exceed one storage unit per 20 recreational vehicle spaces or lots. 8. One recreational vehicle may be installed per lot on a commercial or industrial parcel or lot, provided a minimum set back of at least 20 feet from all other structures is provided. This provision is principally intended to allow for a caretaker on a commercial or industrial complex. When provided, the unit shall be entirely screened, and meet all development standards, as applicable, listed below. The planning commission shall approve the final site plan. 9. Any use not appearing in this section which may be permitted by the planning director, and which shall be primarily for the residents of the park or subdivision. 10. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see section 17-3-2 (conditional use permits), paragraph P). F. Temporary uses. Temporary construction buildings and yards during the actual construction and development of the recreational vehicle park or subdivision, and sales offices, not to exceed 18 Marana Study Session Meeting 02/09/2021 Page 103 of 248 00062818.DOCX /2 MARANA TOWN CODE 54 3/12/2018 Title 17. Land Development 17 months, unless active construction is ongoing, in which case the planning director may grant additional six month increments upon finding that active construction is still on-going and necessary. G. Prohibited uses (reserved). H. Site development standards. 1. Minimum project size: five acres 2. Minimum project setback: 20 feet from all street frontages measured from the right-of-way line. This setback shall be fully landscaped and screened, and may include a perimeter masonry decorative wall and which shall contain a minimum of 15 gallon trees per 40 lineal feet of street frontage, with 65% vegetative cover in shrubs and groundcover on the exterior of the wall. The landscape and screening plan shall be approved by the planning director. Refer to section 17-11-7 for further requirements. 3. Parks or subdivisions: a. Minimum lot size per rental unit: 1,750 sq. ft., with a minimum average lot size of 2,000 sq. ft. b. Maximum density: 15 units per net acre, excluding streets and drives. c. Minimum common recreation area per unit: 150 sq. ft. d. Minimum width per space: 35 feet e. Minimum depth per space: 50 feet f. Minimum distance between units (exterior of all structures, drives and accessory structures): seven feet g. Minimum front yard: seven feet h. Minimum rear yard: five feet i. Setbacks declared a minimum. No encroachment or variance shall be allowed within five feet of the front, side or rear lot or space line required setbacks unless the building, structure, or other appurtenance meets the currently- applicable international building code requirements for a minimum two-hour fire wall rating. Setbacks established above are determined the minimum necessary for the public health, safety and general welfare. j. Detached storage buildings not exceeding 120 square feet in area are permitted on each recreational vehicle space. All storage buildings shall be located in the rear of the recreational vehicle space. Detached storage buildings shall not encroach into the required setbacks without a variance, and subject to the fire wall requirements set forth above. k. Certain accessory structures, which are complimentary to individual recreational vehicles and park models (i.e. covered carports, patio awnings, ramadas, storage Marana Study Session Meeting 02/09/2021 Page 104 of 248 00062818.DOCX /2 MARANA TOWN CODE 55 3/12/2018 Title 17. Land Development 17 buildings, and room additions) which are made an integral part of and are architecturally compatible with the recreational vehicle or park model itself may be permitted by the planning director, after review of plans assuring the required compatibility, and provided, further, that the owner/developer of the park or subdivision has provided sufficient setbacks to meet the requirements of paragraph "i" above. 4. Common recreation area shall be provided both in recreational vehicle parks and subdivisions. Common recreation areas shall be owned and maintained by a property owner's association where a recreational vehicle subdivision is developed. Plans for the common recreation areas shall be approved by the town, and shall include facilities and equipment for both adults and children. Public or private streets, vehicle storage areas, exterior boundary landscaped areas and other areas shall not be included when calculating required recreational areas. 5. Access to all lots or spaces shall be from the interior of the park or subdivision. 6. Private streets shall be a minimum paved width of 28 feet including required curbs when flush with the surface of the paving. Concrete sidewalks at least two feet in width shall be provided on each side of interior private streets. The planning director may permit a four foot sidewalk on one side of an interior street where deemed desirable. 7. The maximum height of any habitable structure shall not exceed 20 feet. All other structures shall not exceed 15 feet in height. 8. All structures that are located on non-manufactured home spaces or lots shall not exceed 35 feet in height from grade to the highest point on the roof. 9. All utility lines shall be placed underground within the park or subdivision. Each lot shall be provided with water, sanitary sewer, electric lines, telephone lines and gas lines, as needed, in compliance with applicable town codes. Fire hydrants shall be installed as required by the building official. 10. All parks or subdivisions shall have street lighting provided along private or public streets for the safety of pedestrians, and as required by the town engineer. 11. All parks or subdivisions shall have refuse collection areas approved by the planning director. All such refuse collection areas shall be screened from public view. 12. All parks or subdivisions shall have a minimum of two vehicular entrances. One entrance may be kept closed to the general public, but is required to meet public safety standards. Marana Study Session Meeting 02/09/2021 Page 105 of 248 00062818.DOCX /2 MARANA TOWN CODE 56 3/12/2018 Title 17. Land Development 17 13. All parks and subdivisions shall improve, to town standards, and dedicate any abutting public street and shall dedicate all interior easements and drives for utilities and public service vehicles where required by the town engineer. 17-4-23 Manufactured housing (MH) A. Purpose. The purpose of the manufactured housing (MH) zone is to provide for the development of parks and subdivided lots for sale that cater to the special needs of the manufactured home environment and lifestyle within the Town of Marana. B. Location. All manufactured housing developments shall comply with the town’s general plan. In addition, manufactured housing developments shall not be placed within the airport environs of any airport within the town. All manufactured home developments shall be served by paved all-weather roads meeting town standards. C. Permitted uses. The following uses are permitted within the MH zone: 1. Manufactured housing parks with one manufactured home per rental space. 2. Manufactured housing subdivisions with one manufactured home per lot. D. Accessory uses. 1. Accessory uses appurtenant to manufactured housing parks include community recreation buildings and areas, accessory parking areas, laundry facilities, manager's office and apartment, child care facilities and other similar accessory uses for the exclusive benefit of the park or subdivision residents. 2. Accessory uses appurtenant to the individual manufactured home, include carports, ramada, cabana, covered patio, storage room and similar uses. Accessory buildings shall not be used for regular occupancy or sleeping. 3. Other customary uses and buildings as may be determined by the planning director, which are incidental to the principal use and do not include any activity commonly conducted as a business. However, the occasional sale of a manufactured home, motor vehicle or trailer on a lot on which the seller resides shall not be considered a business. E. Conditional uses. The following may be permitted with the issuance of a conditional use permit pursuant to the procedure set forth in section 17-3-2 (conditional use permits): 1. A boat or trailer storage area, provided they are in a completely enclosed area surrounded by not less than a 6 foot fence or wall, and completely screened from view from all sides, and only for the residents of the park or subdivision. Chain link fences with Marana Study Session Meeting 02/09/2021 Page 106 of 248 00062818.DOCX /2 MARANA TOWN CODE 57 3/12/2018 Title 17. Land Development 17 slat inserts are not acceptable in fulfilling this fencing requirement. 2. Recreational uses intended primarily for the occupants of the park or subdivision, including golf courses and related facilities. 3. Model home area of up to five manufactured homes, but only as part of a manufactured home subdivision, and provided at least 100 lots are subdivided or rental spaces provided. 4. Any use not appearing in this section which may be permitted by the planning director, and which shall be primarily for the residents of the park or the subdivision. 5. One manufactured home may be installed per lot on a commercial or industrial parcel or lot, provided a minimum setback of at least 20 feet from all other structures is provided. This provision is principally intended to allow for a caretaker on a commercial or industrial complex. When provided, the unit shall be entirely screened, and meet all development standards, as applicable, listed below. The planning commission shall approve the final site plan. 6. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see section 17-3-2 (conditional use permits), paragraph P). F. Temporary uses. Temporary construction buildings and yards during the actual construction and development of the park or subdivision, and sales office, not to exceed 18 months unless active construction is ongoing at the end of the 18 month period, in which case the planning director may grant additional six-month increments upon finding that active construction is still on-going and is necessary for the continued development of the park or subdivision. G. Prohibited uses (reserved). H. Site development standards. 1. Minimum project size: ten acres 2. Minimum project setbacks: 20 feet from all street frontages measured from the right-of-way line. a. This setback shall be fully landscaped and screened, and may include a perimeter decorative masonry wall. b. The setback area shall also contain a minimum of one tree, not less than 15 gallons, per 40 lineal feet of street frontage, with 65% vegetative cover in shrubs and groundcover on the exterior side of the wall. c. The landscape and screening plan shall be approved by the planning director. Refer to section 17-11-7 for further requirements. Marana Study Session Meeting 02/09/2021 Page 107 of 248 00062818.DOCX /2 MARANA TOWN CODE 58 3/12/2018 Title 17. Land Development 17 d. No off-street parking facilities or recreational facilities for common use shall be located in any such required exterior yard. 3. Parks and subdivisions: a. Minimum lot size per rental unit or lot: 5000 sq. ft. b. Maximum density: eight units per net acre. c. Minimum common recreation area per park or subdivision space: 250 sq. ft. A homeowners association shall be established in manufactured home subdivisions to own and maintain the park/open space as may be approved by the town. d. Minimum width per space: 55 feet. e. Minimum depth per space: 90 feet. f. Minimum setback between units (exterior of all structures, drives, and accessory structures): ten feet. g. Minimum front-yard setback: 20 feet. h. Minimum rear-yard setback: 25 feet. i. Minimum common recreation area per rental or subdivision space: 250 sq. ft. j. Setbacks declared a minimum. No encroachment or variance shall be allowed within five feet of the front, side, or rear yard lot or space line, unless the building, structure, or other appurtenance meets the applicable international building code requirements for a minimum two-hour fire wall rating. Setbacks established above are determined the minimum necessary for the public health, safety, and general welfare. k. Detached storage buildings not exceeding 120 square feet in area are permitted on each manufactured home space or lot. All storage buildings shall be located in the rear of the manufactured home space or lot. Detached storage buildings shall not encroach into the required setbacks without a variance, and shall be subject to the applicable international building code fire wall requirements set forth above. l. Certain accessory structures, which are complimentary to individual manufactured homes (i.e. covered carports, patio awnings, ramadas, storage buildings, and room additions) which are made an integral part of and are architecturally compatible with the manufactured home may be permitted by the planning director, after review of plans assuring the required compatibility, and provided further, that the owner/developer of the park or subdivision has provided sufficient setbacks to meet the requirements of paragraph j above. Marana Study Session Meeting 02/09/2021 Page 108 of 248 00062818.DOCX /2 MARANA TOWN CODE 59 3/12/2018 Title 17. Land Development 17 m. The maximum height of any habitable structure shall not exceed 20 feet. All other structures shall not exceed 15 feet in height. n. All structures that are located on non-manufactured home spaces or lots shall not exceed two stories nor shall they exceed 35 feet in height from grade to the highest point on the roof. 4. Common recreation area shall be provided both in manufactured home parks and subdivisions. Common recreation areas shall be owned and maintained by a property owner's association where a manufactured subdivision is developed. Plans for the common recreation areas shall be approved by the town, and shall include facilities and equipment for both adults and children. Public or private streets, vehicle storage areas, exterior boundary landscaped areas and other areas shall not be included when calculating required recreational areas. 5. Access to all lots or spaces shall be from the interior of the park or subdivision. 6. Private streets shall be a minimum paved width of 28 feet including required curbs when flush with the surface of the paving. Concrete sidewalks at least four feet in width shall be provided on each side of interior private streets. The planning director may permit a four foot sidewalk on one side of an interior street where deemed desirable. 7. All utility lines shall be placed underground within the park or subdivision. Each lot shall be provided with water, sanitary sewer, electric lines, telephone lines and gas lines, as needed, in compliance with applicable town codes. Fire hydrants shall be installed as required by the building official. 8. All parks or subdivisions shall have street lighting provided along private or public streets for the safety of pedestrians, as required by the town engineer. 9. All parks or subdivisions shall have refuse collection areas approved by the planning director. Such refuse collection areas shall be screened from public view. 10. All parks or subdivisions shall have a minimum of two vehicular entrances. One entrance may be kept closed to the general public, but is required to meet public safety standards. 11. All parks and subdivisions shall improve to town standards and dedicate any abutting public street and shall dedicate all interior easements and drives for utilities and public service vehicles where required by the town engineer. Marana Study Session Meeting 02/09/2021 Page 109 of 248 00062818.DOCX /2 MARANA TOWN CODE 60 3/12/2018 Title 17. Land Development 17 17-4-24 Commercial office (CO) A. Purpose. The CO zone is intended to provide for the use of designated properties for professional offices and limited commercial facilities to serve the residents of the town. It includes those uses related to medical, professional, financial, administrative, and interrelated uses. This zone is intended to prohibit most retail commercial uses which, more properly, belong in other commercial zones. It is also intended to provide multi-family residential opportunities and options to commercial and other higher-intensity districts. B. Location. The following shall be considered in establishing and maintaining the CO zone: 1. Convenient and efficient vehicular access to an arterial or collector street. 2. Availability of land suitable for grouping of professional activities. 3. Availability of parcels whose general commercial use is less desirable and/or inappropriate. C. Permitted uses. The following uses may be permitted subject to demonstration of architectural compatibility with adjacent uses: 1. Residential dwelling units as permitted and subject to the development standards found in section 17-4-26. 2. Professional offices: Law, architectural, engineering, planning, business and management consulting. 3. General offices: Real estate, data processing, executive suites, photographic services, travel agents, research services, and administrative offices. 4. Medical and dental: Offices, laboratories, clinics, and pharmacies; but not including drug stores. 5. Veterinary clinic, small. 6. Financial services: Accounting, auditing, bookkeeping, tax consultation, collection agencies, credit services, insurance and investment, security and commodity brokers, dealers and exchanges, insurance and financial planning. 7. Public service: Detective and protective services, employment services and public utility offices. 8. Such other comparable uses as determined by the planning director. D. Accessory uses (reserved) E. Conditional uses. The following uses may be permitted with the issuance of a conditional use permit pursuant to the procedure set forth in section 17-3-2 (conditional use permits): Marana Study Session Meeting 02/09/2021 Page 110 of 248 00062818.DOCX /2 MARANA TOWN CODE 61 3/12/2018 Title 17. Land Development 17 1. Restaurants and cafes (not to include drive-ins or carry-outs) subject to: a. The facility is designed to preclude vehicular ingress and egress in conflict with existing or planned adjacent residential uses. b. The facility is located and designed to eliminate noise and/or odors. c. The facility is an integral part of the office building. 2. Private schools: Business, music, dance, art, and vocational, which must be an integral part of the office building. 3. Special retail: Specialty retail services such as florist, jewelry, barber and beauty shops, child care facilities, clothes cleaning and tailor shops, and such other compatible uses as may be determined by the conditional use process and which shall all be integral to the primary use as an office complex. 4. Banks and savings and loans. 5. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see section 17-3-2 (conditional use permits), paragraph P). F. Temporary uses (reserved). G. Prohibited uses (reserved). H. Intensity standards. 1. Residential. On any parcel or unit of development, the following intensity standards apply: a. Dwelling unit density: There shall be no more than 25 dwelling units for each acre of parcel area. b. Building coverage: The sum of all buildings and structures shall cover no more than 40% of all land area developed. 2. Non-residential. The following standards shall apply: a. Building coverage: The sum of all buildings and structures shall cover no more than 30% of all land area developed. b. Reserved. I. Site development standards. The following site development standards shall apply: 1. Street frontage: minimum of 100 feet. 2. Lot area: a. Multifamily: minimum of 3.0 acres. b. Non-residential: none 3. Front yard: minimum of 25 feet. Marana Study Session Meeting 02/09/2021 Page 111 of 248 00062818.DOCX /2 MARANA TOWN CODE 62 3/12/2018 Title 17. Land Development 17 4. Side yard: minimum of 15 feet for residential uses. No side yard is required for non-residential uses provided minimum international building code requirements are met. However, a non-residential use adjacent to a residential zone shall have a minimum side yard of not less than 15 feet plus an additional 10 feet for each story over one story, or in excess of 18 feet in height, whichever is greater. 5. Street side yard: minimum of twenty-five feet. 6. Rear yard: minimum of twenty-five feet. 7. Building height: maximum of forty feet. 17-4-25 Mixed-use (MU-1) A. Purpose. The purpose of the mixed use zoning district is to promote, and regulate existing low density mixed uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage orderly growth in semi-rural areas, as well as provide for semi-rural residential uses. In addition, this zone is intended to allow limited commercial and industrial development where appropriate and designed to be compatible or provide the appropriate buffers where potentially incompatible uses are proposed with the surrounding uses. This zone is to be located only where existing mixed-uses are historically located and the area is transitioning into a more intensive use area. B. Permitted uses. 1. One single-family detached home or caretakers quarters (site built or manufactured); 2. Antique shop; 3. Automobile repair garages, provided that no machining is conducted on the premises; no outdoor storage of parts or outdoor parking of automobiles waiting for service for more than seven days; 4. Aviaries; 5. Barber and beauty shop; 6. Blacksmith shop; 7. Carpentry, upholstery & furniture repair; 8. Churches, synagogues, and other places of worship; 9. Construction/contractor’s yards; 10. Crop production; 11. Feed store; 12. Foster and group homes; 13. Grazing and raising of large and small livestock; Marana Study Session Meeting 02/09/2021 Page 112 of 248 00062818.DOCX /2 MARANA TOWN CODE 63 3/12/2018 Title 17. Land Development 17 14. Kennels; 15. Massage therapy establishments; 16. Plant nurseries and greenhouses; 17. Private stables; 18. Professional offices, not including medical (see section 17-3-2 (conditional use permits)); 19. Raising and marketing of poultry, rabbits and small animals; 20. Repair shops for appliances, bicycles, etc.; 21. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises; 22. Second hand store; 23. Trucking operations and yards; 24. Veterinary clinics, small; 25. Uses similar to those listed above in this section, as determined by the planning director. C. Accessory uses (uses incidental to a permitted established use): 1. Corrals, barns & other animal-keeping structures; 2. Detached accessory buildings and structures; 3. Fences and walls; 4. Game courts, unlighted; 5. Garage, enclosed storage, or barn; 6. Guest quarters, provided that no kitchen is provided; 7. Home occupations; 8. Riding arena, rodeo grounds (private, unlighted); and, 9. Swimming pools. D. Conditional uses. The following may be permitted with the issuance of a conditional use permit pursuant to the procedure set forth in section 17-3-2 (conditional use permits): 1. Additional building height; 2. Apiaries; 3. Commercial riding stables and boarding stables; 4. Game courts, lighted; 5. Health care facilities, including clinics, offices and laboratories; 6. Keeping of ratites; 7. Keeping of swine; 8. Livestock auction yards; Marana Study Session Meeting 02/09/2021 Page 113 of 248 00062818.DOCX /2 MARANA TOWN CODE 64 3/12/2018 Title 17. Land Development 17 9. Stables, public; 10. Manufacturing, processing and assembly; 11. Mini-storage and/or recreational vehicle storage facilities; 12. Restaurants; 13. Riding arena, rodeo grounds (private lighted, or any public); 14. Sexually oriented business, subject to town code chapter 9-7; 15. Veterinary clinic, large; 16. Warehouse facilities; and, 17. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see section 17-3-2 (conditional use permits), paragraph P). E. Performance standards. The following limitations shall apply to the conduct of uses within the mixed-use zone: 1. More than one use may be permitted on a single parcel if the following criteria can be met: a. The total of all uses on a single parcel, shall not exceed the Pima county department of environmental quality and other applicable codes and ordinances for individual sewage disposal system, this includes lot area, number of fixtures, required engineering plans, etc. b. Each type of use (residential, commercial and industrial) shall have its own separate pedestrian entrance; c. Adequate bufferyards are provided between incompatible uses; d. Parking and vehicular accesses are separate between incompatible uses; e. The proposed use does not exceed the standards of the applicable codes and ordinances of the Town nor create any overburden of public or private streets, utilities, emergency services and/or facilities, and; 2. No outdoor storage of equipment or materials shall be permitted unless screened, by a permanent opaque decorative wall at least six feet in height or by a combination of solid wall or fence and landscape screening accepted by the town. 3. No use shall be established, maintained or conducted within the mixed-use zone which may cause the dissemination of smoke, gas, dust, odor or any other atmospheric pollutant that is in violation of Pima county department of environmental quality. Every use shall be so operated that it does not emit dust, heat, glare or vibration in such quantities or degree as to be readily Marana Study Session Meeting 02/09/2021 Page 114 of 248 00062818.DOCX /2 MARANA TOWN CODE 65 3/12/2018 Title 17. Land Development 17 detectable on any property line of the lot upon which it is located. 4. No use shall result in the creation of traffic hazards or undue congestion of any public street or private access. F. Development standards. The following standards shall apply to all developments within the mixed-use zone: 1. General development standards. a. Minimum lot area shall be 43,560 square feet (one acre); b. Minimum lot width shall be 100 feet; c. Minimum lot depth shall be 100 feet; d. Minimum required building setback abutting a street or ingress/egress easement shall be 30 feet. Fifty percent of such setback area shall be landscaped and shall remain as open space, free from structures and parking/loading areas. e. Minimum side and rear setbacks shall be 25 feet. A minimum of ten feet of the setback area shall be landscaped and shall remain free from structures. This setback may be reduced to include driveways, screening walls, parking if a permanent opaque decorative screening wall five feet in height is constructed along the property line; f. Building separation. The minimum distance between two primary structures shall be 20 feet. The minimum distance between all other structures shall be ten feet; g. Setback exceptions. Architectural features such as, but not limited to, eaves, chimneys, bay windows, overhangs, awnings, porches and similar architectural features may encroach into setbacks by no more than four feet, subject to compliance with applicable standards of the applicable international building and fire codes; h. Maximum lot coverage shall not exceed a total of 55% for each parcel; i. Maximum building height shall be 24 feet. With the issuance of a conditional use permit pursuant to the procedure set forth in section 17-3-2 (conditional use permits) the planning commission may allow an increase to the building height, provided that the applicant provides acceptable justification for the need to exceed the height limit; 2. Landscaping. The intent of the landscaping requirements is to provide residents and businesses with attractive landscaping that creates an interesting streetscape, and provides a safe and effective transition between potentially incompatible land uses. In addition, these requirements regulate the protection of native vegetation as a significant natural resource. All development within the mixed-use zone shall provide site landscaping, Marana Study Session Meeting 02/09/2021 Page 115 of 248 00062818.DOCX /2 MARANA TOWN CODE 66 3/12/2018 Title 17. Land Development 17 including the bufferyard, parking lot and any applicable screening as required herein and in accordance with chapter 17- 11 of the town code. 3. Access and off-street parking. The number, size and design of all parking spaces, driveways and loading areas for all development within the mixed-use zone shall comply with the provisions of chapter 17-9 of the town code and the following requirements listed below: a. All lots must abut a public street or a private street improved to a standard satisfactory to the Town; b. Access control and driveway locations will be evaluated per town standards. Joint driveways are desirable whenever possible in order to minimize the number of access points to streets and access easements; and, c. All parking shall be off-street in paved, landscaped parking areas; 4. Signs. Sign standards are hereby established to promote a quality visual appearance throughout the mixed-use zone; to allow individual businesses to clearly identify themselves and the goods and services offered; to create a unique environment to attract visitors; to safeguard and enhance property values; to reduce potential hazards to motorists and pedestrians; and to eliminate excessive and confusing sign displays. All signs for developments within the mixed-use zone shall comply with the provisions of town code chapter 17-10 (signs) and the following additional sign requirements: a. Materials, colors and shades of proposed signs shall be compatible with the related buildings on the property; b. Monument, wall-mounted and free-hanging signboards shall be the approved styles; c. Signage shall be limited to one freestanding sign for each street frontage and one wall sign (near the main entrance). In cases where there are multiple tenants, each tenant within the property shall be allowed one wall sign (near each main entrance, with the sign area determined by town code chapter 17-10 (signs); d. Freestanding signs shall be limited to double-faced, ground- mounted monument style, with associated landscaping. Freestanding pole signs are prohibited; e. Freestanding signs shall not exceed eight feet in height (from grade to the top of sign) and 40 square feet per side and shall be located in such a manner that does not create a traffic hazard, and; f. Changeable letter boards may make up no more than 20% of the area of a freestanding sign. Marana Study Session Meeting 02/09/2021 Page 116 of 248 00062818.DOCX /2 MARANA TOWN CODE 67 3/12/2018 Title 17. Land Development 17 5. Screening. To create an attractive environment and visually screen land uses that are not fully compatible, the following standards shall apply to all development within the mixed-use zone: a. Service entrances and/or loading areas. All service entrances, loading areas and spaces must be screened from the abutting property and view from a public street. Such screening shall consist of a minimum five foot wide planting strip consisting of trees, decorative walls and/or landscaping combination that will provide a six foot high barrier; b. Dumpsters and trash handling areas. All dumpsters and trash handling areas shall be enclosed and screened from public view. These areas shall be constructed of materials and colors compatible with those of the primary buildings. Chain link fencing (with or without slats) is not permitted; c. No articles, materials, trash, equipment or inoperable vehicles shall be stored or kept in the open or be visible from the street, ingress/egress easement, and/or adjacent properties. This limitation does not apply to temporary storage of materials, equipment and supplies needed for the construction of improvements on a site, provided such items are completely removed immediately upon completion of the applicable phase of construction, and; d. Utilities. All utilities including electric power, telephone, gas and water shall be located underground. Utilities shall be coordinated with landscape plans to ensure proper screening and landscaping around utility vaults, box transformers, etc. 6. Lighting. Site lighting should serve functional, safety and aesthetic purposes. Site and security lighting shall be designed to enhance the safety and quality of the development. Screening of lights from residential areas and glare from traffic areas shall be required. All site lighting shall be in compliance with the adopted Marana outdoor lighting code. 17-4-26 R-3.5 Residential A. Purpose. The R-3.5 single-family residential zone is primarily intended as an affordable, compact medium-high density neighbor district. The district shall contain small-lot single-family homes and/or attached units, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and containing a quality design. To ensure high - quality, well designed development, the alternative neighborhood and residential design plan standards set forth in chapter 17-7 shall apply. Except as specifically provided elsewhere in the land development code, any and every building and premises or land in Marana Study Session Meeting 02/09/2021 Page 117 of 248 00062818.DOCX /2 MARANA TOWN CODE 68 3/12/2018 Title 17. Land Development 17 the R-3.5 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-3.5 zone, exclusively and only in accordance with the regulations set forth in this section. B. Permitted uses. The following shall be permitted in the R-3.5 single- family residential zone, subject to the development standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the planning director. C. Accessory uses. The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, noncommercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved home occupation permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner’s association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner’s association, and designed for a specific subdivision; and, 9. Model homes, within an approved subdivision. D. Conditional uses. The following may be permitted subject to conditional use permits provided for in section 17-3-2. 1. Day care center; 2. Private schools; Marana Study Session Meeting 02/09/2021 Page 118 of 248 00062818.DOCX /2 MARANA TOWN CODE 69 3/12/2018 Title 17. Land Development 17 3. Group homes; and 4. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see section 17-3-2(P)). E. Temporary uses. The following may be permitted for a specified time period, subject to Section 17-3-3: temporary sales trailer, within an approved subdivision. F. Prohibited uses. Uses prohibited in the R-3.5 district are as follows: 1. Commercial uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards—generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-3.5 zone. 1. Lot area. The minimum lot size shall be 3,500 square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of thirty-five (35) feet. b. Depth. Lots shall have a minimum depth of seventy-five (75) feet. 3. Minimum front, side and rear yards (setbacks) a. The required front yard (setback) where front entry garages are recessed ten feet or more from the livable portion of the dwelling, front setbacks may be reduced to ten feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of 20 feet. A maximum of 50% of the lots may have a reduced setback, with the balance of the setbacks being twenty feet or greater. b. The required side yard (setback) shall be a minimum of five feet, with a street side yard (setback) having a minimum of ten feet. c. The required rear yard (setback) shall be a minimum of ten feet. 4. Building separation. A minimum setback of five feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three sides, as measured to the structure. 5. Building heights. Buildings and structures erected in this zone shall have a height not greater than two-stories or 30 feet. Marana Study Session Meeting 02/09/2021 Page 119 of 248 00062818.DOCX /2 MARANA TOWN CODE 70 3/12/2018 Title 17. Land Development 17 6. Lot coverage. The maximum allowable lot coverage by buildings and structures shall not exceed 75% of the total lot area. 7. Underground utilities. All on-site utilities shall be placed underground on the site. 8. Multi-story dwellings. No more than 60% of the homes may be two stories. 9. Location. This district shall be located in areas where neighborhood shopping, schools, parks and/or other community services are planned or existing within one-half mile. Marana Study Session Meeting 02/09/2021 Page 120 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 1 of 128 Revised January 2018 Ord. 2017.027 TITLE 5 ZONING SECTIONS: 05.01 Establishment of Zones 05.02 Regulations Within Zones A-E 05.03 Significant Land Use Change (Applies only to Zones A-E) 05.04 [Reserved] 05.05 [Reserved] 05.05.08 Manufactured Homes in Zone A, B, & C 05.06 Zone F – Specific Plans 05.10 New Zones Established 05.01 Establishment of Zones Zones A-E, reflected in Sections 05.01.01 through 05.02.05, and the procedures relating to these zones, found in Sections 05.03.01 through 05.03.06 inclusive, apply only to those lands so zoned. The zones found in Sections 05.10 through 05.12, and the procedures relating to those zones found in Sections 05.20 et seq. apply to all lands so zoned. 05.01.01 Zones A-E Established Prior to April 6, 1993, the Town of Marana was divided into five zones. These zones were as follows: Zone A, Small Lot Zone; Zone B, Medium Sized Lot Zone; Zone C, Large Lot Zone; Zone D, Designated Flood Plain Zone; and Zone E, Transportation Corridor Zone. These zones shall remain in place until reclassified by the property owner, or the Town. Subsequent to April 6, 1993, the Town of Marana established a new set of zones and criteria for those zones which are reflected in Section 5.10 through 5.12, inclusive. 05.01.02 [Reserved] 05.01.03 Official Zone Map The location and boundaries of each of the zones shall be shown on the Official Zone Map of the Town of Marana, and said map is hereby declared to be an official record and a part of this Code. Whenever amendments or changes are made in zone boundaries, such amendments or changes shall be made by ordinance and recorded on the official zone map promptly. Regardless of the existence of purported copies of the Official Zone Map, which may from time to time be made or published, the Official Zone Map that shall be located in the Office of the Planning Department shall be final authority in determining current zoning status. 05.02 Regulations Within Zones A-E 05.02.01 Zone A – Small Lot Zone A. Permitted Uses. Within Zone A, residential, commercial, industrial, and quasi-public land uses shall be permitted so long as each such land use is conducted on a lot no larger than 2.5 acres and is consistent with the Significant Land Use Change procedure described in Section 05.03. of this Code. Significant Land Use Change approval is not required to establish a use permitted in the Neighborhood Commercial (NC) zone, section 05.11.02, within an existing building or suite in a Designated Commercial Area if the use can be accommodated within the existing building or suite without requiring a new retail Marana Study Session Meeting 02/09/2021 Page 121 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 2 of 128 Revised January 2018 Ord. 2017.027 commercial building permit. This is not, however, to be construed to permit any land use that may be specifically prohibited within the Town of Marana by this or any other Ordinance of the Town of Marana or by State or Federal law. B. Density Requirements. There shall be no maximum density of land use per se, except that density of land use on any parcel of land within Zone A shall be determined in part by prior density of land use in accordance with the provisions for Significant Land Use Change contained in Section 05.03 of this Code and by setback requirements defined in this and other titles of this Code or as may be determined by other applicable federal, state and local regulations. C. Setbacks. 1. The required front yard (setback) shall be a minimum of 20 feet. 2. The required side yard (setback) shall be a minimum of five feet, with a street side yard (setback) having a minimum of ten feet. 3. The required rear yard (setback) shall be a minimum of 20 feet. D. Building Heights. Buildings and structures erected in this zone shall have a height not greater than 30 feet. 05.02.02 Zone B – Medium Lot Zone A. Permitted Uses. Within Zone B, any residential, commercial, industrial, or quasi-public land use is permitted so long as each separate land use is conducted on a lot larger than 2.5 acres but no larger than 25 acres and is consistent with the Significant Land Use Change Procedure described in Section 05.03 of this Code. This is not to be construed, however, to permit any land use that may be expressly prohibited within the Town of Marana by other ordinances of the Town of Marana, by other provisions of this code, or by state or federal law. B. Density Requirements. There shall be no maximum density of land use per se in this Zone, except as may be dictated by prior density of land use in accordance with the Significant Land Use Change Procedure described in Section 05.03 of this Code and by setback requirements defined elsewhere in this Code. C. Setbacks. The setback requirements for Zone B shall be the same as for Zone A. 05.02.03 Zone C – Large Lot Zone A. Permitted Uses. Within Zone C, any residential, commercial, industrial, or quasi-public land use shall be permitted, so long as each separate activity is conducted on a lot no smaller than 25 acres and is otherwise consistent with the Significant Land Use Change procedures as described in Section 05.03 of this Code. This is not to be construed, however, to permit any land use that may be expressly prohibited within the Town of Marana by other sections of this Code other ordinances of the Town of Marana, or state or federal law. B. Density Requirements. The maximum density allowed shall be one dwelling unit or one commercial, industrial, or quasi-public establishment per 25 acres. C. Setbacks. No building or structure, except a fence or wall that is not part of a building and not over six feet in height shall be constructed closer than ten feet to any side property Marana Study Session Meeting 02/09/2021 Page 122 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 3 of 128 Revised January 2018 Ord. 2017.027 line or closer than 40 feet plus one foot for each foot of building height in excess of ten feet above ground level to any front or rear property line. Where a lot is situated on the corner of two dedicated streets, each of the property lines along the right-of-way line of a dedicated street shall be considered to be a front property line, and each other property line shall be considered to be a side property line in determining allowable setbacks. 05.02.04 Zone D - Designated Flood Plain Zone The permitted uses, density requirements, and setbacks are the same as Zone B, but the property owner’s attention is drawn to the fact that this is an area at high risk of flooding and flood hazards. All uses require a floodplain use permit. 05.02.05 Zone E – Transportation Corridor Zone A. Permitted Uses. Within Zone E, no residential land use shall be permitted except one single-family residence. Any commercial, industrial, or quasi-public land use shall be permitted which is consistent in its location with the land use element of the General Plan of the Town of Marana and the Significant Land Use Change Procedure described in Section 05.03. of this Code. This is not to be construed, however, to permit any land use that may be expressly prohibited within the Town of Marana by other sections of this Code, by other ordinances of the Town of Marana, or by state or federal law. B. Density Requirements. There shall be no maximum or minimum density requirements in Zone E, except as may be required by the setback requirements of this Code or by other applicable federal, state and local regulations. C. Setbacks. The setback requirements for Zone E shall be the same as for Zone A. 05.02.06 Medical Marijuana Dispensary in Zones A E A. Any medical marijuana dispensary proposed in Zones A-E is subject to the conditional use permit procedure set forth in Section 10.10 and subject to requirements found in Section 08.08. B. A medical marijuana dispensary in Zones A-E shall not be subject to the Significant Land Use Change process. 05.03 Significant Land Use Change (Applies only to Zones A-E) The intent and purpose of this section is to establish a procedure for requesting and processing a Significant Land Use Change for property in Zones A, B, C, D, and E. A land use change allowed as provided in this section shall be granted to the applicant owner or lessee (“applicant”) and shall run with the land. If the Significant Land Use Change is not implemented within one year, the Town Council may, after 15 days’ notice to the landowner, void the Significant Land Use Change. 05.03.01 Notification of Intended Land Use Change Upon submission of an application for a Significant Land Use Change, the Town shall give notice of the desired use by first class mail in writing to those persons identified as having a fee title property interest in all Nearby Land, the Marana Town Clerk, and the individual members of the Marana Town Council and Marana Planning Commission. All letters of notification shall include the following: 1. a location map showing the street address, the lot or parcel, and the immediately adjacent uses, Marana Study Session Meeting 02/09/2021 Page 123 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 4 of 128 Revised January 2018 Ord. 2017.027 2. a scaled site plan showing lot dimensions, lot area, setbacks, existing and proposed buildings, building height, parking and loading areas and driveways, septic systems and walls or fences, 3. a complete description of the proposed use and its operation, number of employees, and automobile and truck traffic volume estimates, and 4. a statement that persons may protest the proposed Significant Land Use Change in writing to the Town Clerk within 35 calendar days of the date of the letter of notification. 05.03.02 Protest If a member of the Town Council or Planning Commission who does not have a substantial interest as defined in Arizona Revised Statutes section 38-502, or if any fee title owner of real property located immediately adjacent to the lot or parcel for which a Significant Land Use Change has been proposed, or if 25% of the owners of Nearby Land protest the proposed Significant Land Use Change in writing to the Town Clerk within 35 calendar days of the date of the notification letter, then the Town Clerk shall notify the applicant in writing within five calendar days after receipt of the protest and the applicant shall proceed per 05.03.03 of this Code. If none of the above situations occur, or if the protest is withdrawn within the 35-day period, the Significant Land Use Change is approved, subject to any other requirements imposed on the proposed use. 05.03.03 Response to Protest If the Town Clerk receives a protest of the type set forth in 05.03.02 of this Code, the applicant shall present rebuttal to the said protests before the Planning Commission at a public hearing that shall be scheduled as soon as practicable after receipt of the protest. 05.03.04 Notice of Public Hearing Notice of the time and place of a public hearing before the Planning Commission or Town Council, including a general description of the matter to be considered as well as a description of the parcel for which a Significant Land Use Change has been proposed shall be given at least 15 calendar days prior to the hearing by first class mail to each person identified as having a fee title property interest in the Nearby Land, and by publication at least once in a newspaper of general circulation published or circulated within the Town of Marana. 05.03.05 Decision by the Planning Commission The Planning Commission shall weigh the merits of the proposed Significant Land Use Change and either approve the land use change or deny such approval, or grant approval based on any reasonable adjustment or compromise that is acceptable to both the applicant and the majority of the Planning Commission. Where 25% or more of the owners of the Nearby Land have protested the proposed Significant Land Use Change, approval of the change must be made by a three- fourths vote of those Planning Commission members present and eligible to vote. 05.03.06 Appeal from the Decision of the Planning Commission The applicant, the member (or members) of the Town Council who submitted a written protest under 05.03.02, the fee title owner (or owners) of adjacent real property who submitted a written protest under 05.03.02, or any one of the 25% of the owners of Nearby Land who submitted a written protest under 05.03.02 may appeal the decision of the Planning Commission to the Town Council. Such appeal must be made in writing to the Town Clerk within five working days of the Marana Study Session Meeting 02/09/2021 Page 124 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 5 of 128 Revised January 2018 Ord. 2017.027 rendering of the decision by the Planning Commission. When such a notice of appeal has been submitted to the Town Clerk, it will be brought as a public hearing before the Town Council as soon as practicable. The Town Council shall then confirm or modify or reverse the decision of the Planning Commission. Where 25% or more of the owners of the Nearby Land have protested the proposed Significant Land Use Change, an approval of the change must be made by a three- fourths vote of those Town Council members present and eligible to vote. 05.04 & 05.05 & 05.05.01 thru 05.05.07 [Reserved] Note to Marana Land Development Code users: As of January 15, 2016, Sections 05.04 and 05.05 (except subsection 05.05.08) of the Marana Land Development Code have been recodified into Chapter 17-6 of the Marana Town Code or deleted. The following tables provide derivation and deletion information regarding these sections: OLD LDC NUMBER AND TITLE LOCATION IN TOWN CODE TITLE 17 05.04 Nonconforming Structures and Land Uses 17-6-1 Nonconforming structures and land uses 05.05 Relationships to Streets, Other Structures, and Other Property 17-6-2 Relationships to streets, other structures, and other property 05.05.01 Clear View of Intersecting Streets 17-6-2.A [Clear view of intersecting streets] 05.05.02 Effect of Street Plan 17-6-2.B [Effect of street plan] 05.05.03 Animal-Keeping Structures and Fencing Deleted 05.05.04 Drainage of Surface Waters Deleted 05.05.05 Pollution Prohibited 17-6-3 Sewage sludge restriction (sewage sludge provision only; the balance has been deleted) 05.05.06 Off-Street Parking Deleted 05.05.07 Motor Vehicle Access Deleted SECTION NUMBER AND TITLE REASONS FOR DELETION 05.05.03 Animal-Keeping Structures and Fencing This section simply cross-references the development standards of Section 08.04 of the current LDC. 05.05.03 Animal-Keeping Structures and Fencing This provision simply cross-references the requirements of LDC section 08.04 (now found at 17-6-8) 05.05.04 Drainage of Surface Waters This section prohibits drainage from one lot to another. This is an oversimplification of the law, which generally allows natural surface flows to continue in their natural state. To the extent it is intended to address the general runoff of water from one lot to another, it is already addressed in, and prohibited by Town Code section 14-9-3, relating to utilities. 05.05.04 Drainage of Surface Waters This is an almost verbatim restatement of LDC subsection 08.03.03, now found at 17-6-2.C 05.05.05 Pollution Prohibited With the exception of the sewage sludge provision, which has been retained, the balance of this provision was simply a restatement of state and federal law 05.05.06 Off-Street Parking This section allows off-street parking, vehicle access, and circulation requirements to be added as a condition of any development approval. It is an oversimplified restatement of the more specific authority given under Title 22 (Off-street parking and loading) of the current LDC. Marana Study Session Meeting 02/09/2021 Page 125 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 6 of 128 Revised January 2018 Ord. 2017.027 SECTION NUMBER AND TITLE REASONS FOR DELETION 05.05.06 Off-Street Parking This generic off-street parking provision should have been deleted when the more comprehensive LDC Title 22 (Off-Street Parking and Loading) was adopted in September 1995 05.05.07 Motor Vehicle Access This section requires that “all commercial, industrial, and quasi- public buildings and structures must be provided access from a public street for motor vehicle access as a condition of zoning compliance.” This is an oversimplified restatement of a requirement of the building code, now adopted by Town Code Title 7. 05.05.07 Motor Vehicle Access This generic requirement for all structures to have access to a street is covered in Town Code Title 7 (Building) 05.05.08 Manufactured Homes in Zone A, B, & C A manufactured home may be placed on any lot within Zone A, B, or C provided the following conditions are met: 1. There is an existing manufactured home on the lots adjacent to the lots in which the new manufactured home is to be placed. Adjacent, for the purposes of this section, means on either side, and means directly across the street, if one exists, and to the rear across an alley, if one exists. 2. Where the provisions of subparagraph “A” above do not exist, then a manufactured home may be placed on a lot provided the procedure set forth in Section 10.10, Conditional Use Permits are met. (Ord. 94.18 (part), 12/94) 05.06 Zone F – Specific Plans 05.06.01 Purpose The purpose of this Title is to provide uniform procedures and criteria for the preparation, review, adoption and implementation of specific pans as authorized by A.R.S. § 9-461.08. 05.06.02 Application A. Public Hearing. A public hearing on the proposed specific plan shall be held before the Planning Commission no later than 60 days following the applicant's submittal of a complete specific plan application in accordance with the provisions on Section 05.06.02(G), unless a longer period is agreed to in writing by the applicant (Ord. 89.05 (part), 4/89). B. Restriction on Application. 1. Consent. The written consent of all property owners of record within the proposed specific plan zone shall be required at the time of application submittal. 2. Area. The applicant for a mixed use project in excess of 80 acres is encouraged to consider a specific plan, and at the option of the Planning Commission, a specific plan may be required. 3. Configuration. A proposed specific plan shall not be allowed which excludes an area within the plan boundary. Marana Study Session Meeting 02/09/2021 Page 126 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 7 of 128 Revised January 2018 Ord. 2017.027 C. Submittals. 1. All specific plan applications shall include, at a minimum: a. a completed and signed application on a form prescribed and established by the Planning Administrator; b. a legal description of the property; c. a precise map showing the land to be regulated by the proposed specific plan; d. the written consent of all owners of the real property to be regulated by the specific plan and list, by name and title, of all ownership interests in the real property; e. a letter of authorization for an agent; f. a development capability report (refer to Section 05.06.02.D). g. the specific plan proposed by the applicant for adoption, which shall contain the information described in Section 05.06.02.E. D. Development Capability Report Requirements. The development capability report are maps and supporting text summary of the impact of the proposed development on site conditions existing on the land to be regulated by the specific plan that shall address, at a minimum the following: 1. topography and slope analysis; 2. hydrology and water resources; 3. vegetation and wildlife habitat; 4. geology and soils; 5. paleontological and cultural (archaeological and historical) resources; 6. existing structures, roads and other development; 7. existing infrastructure and public services. E. Specific Plan Requirements. 1. The map elements of the specific plan shall illustrate and identify: a. All land uses; b. Adjacent lots and structures within 150 feet of the plan boundary; c. Open space, recreational facilities, parks and trails; d. Public, educational, health care and religious facilities; e. Drainage plan; f. Name, location and extent of existing or proposed major and collector streets located within the area to be regulated by the specific plan or needed for servicing that area; Marana Study Session Meeting 02/09/2021 Page 127 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 8 of 128 Revised January 2018 Ord. 2017.027 g. Location and extent of existing or proposed provisions for sewage disposal, effluent use, storm water drainage, solid waste disposal and public utilities; and h. Density donor and recipient areas, if applicable, in accordance with Section 05.06.06. 2. The text elements for the specific plan shall describe and contain: a. The objectives of the specific plan; b. The compatibility of the specific plan with adjoining land uses; c. Detailed regulations and programs for the systematic implementation of the specific plan, including plan amendment procedures and regulations and density transfer limitations (refer to Section 05.06.06.); d. Specific development standards for the map elements; e. Hydrology analysis; f. Standards for the phasing, construction and maintenance of major and collector streets proposed for the plan area or needed for servicing the project; g. Standards for the phasing, construction and maintenance of sewage disposal, effluent use, storm water drainage, solid waste disposal and public utilities; h. Standards for the conservation, development or utilization of natural resources, including surface water, soils, vegetation and wildlife; i. General landscape program; j. For single-phase plans, a draft schedule for the preservation of site features established by the plan and the construction, dedication and provision of public services; k. For multi-phased plans, a draft phasing schedule for the preservation of site features established by the plan, the development of the various master blocks of the specific plan, and the construction, dedication and provision of public services. 3. The text of the specific plan shall specify how and to what extent the specific plan is to supplement or supersede the adopted Town Development Code to the contrary. However, in no event shall the provision contained in Title 05.03 of this Development Code relating to Significant Land Use Changes, the provisions contained in Paragraph E of Section 06.03.02. of this Development Code relating to Dedicated Streets be applicable to property which is regulated by an adopted specific plan. F. Consistency With Land Use Plans and Intent and Purpose of Development Code. Adopted specific plans shall be in substantial conformance with the Town of Marana General Plan and any other land use plans adopted by the Marana Town Council. A plan amendment shall be required when proposed specific plan is in conflict with adopted Town Marana Study Session Meeting 02/09/2021 Page 128 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 9 of 128 Revised January 2018 Ord. 2017.027 of Marana land use plans. In addition, adopted specific plans shall be consistent with the intent and purpose of this Development Code (refer to Title 01.02). G. Coordination of Review of Application. The Planning Administrator and the Town Engineer, along with any consultants retained by the Town for the purposes of reviewing the proposed specific plan and advising Town officials and agencies with respect thereto, shall jointly review specific plan applications for the purpose of determining whether such applications are in conformance with the provisions contained in this Section 05.06. The Planning Administrator shall be responsible for advising the applicant in writing within 60 days following submission of a specific plan application of any changes necessary in order to bring the specific plan application into compliance with the provisions of this Section 05.06. Following any resubmittal of the specific plan application, the Planning Administrator shall be responsible for advising the applicant in writing within 30 days following the resubmittal of the application of any further changes necessary in order to bring the application into compliance with the provisions of this Section. 05.06.03 Fees and Fees of Consultants Non-refundable Specific plan fees are required at the time of the filing of a plan application and are payable to the Town in accordance with the fee schedules adopted by Town Resolution. The Town may require, in addition to the fees above, that the applicant pay all or a portion of the reasonable fees charged by private consultants retained by the Town for the purposes of reviewing the proposed specific plan and advising Town officials and agencies with respect thereto. 05.06.04 Planning Commission Review A. Public Hearing. A public hearing on the proposed specific plan shall be held by the Planning Commission no later than 60 days following the applicant’s submittal of a complete Specific Plan application in accordance with the provisions of Section 05.06.02 (G), unless a longer period is agreed to in writing by the applicant. B. Public Hearing Notice to Adjacent Property Owners. First class mail notification shall be made by the property owner of the specific plan concurrently with the setting of the public hearing before the Planning Commission. The notice shall include at a minimum; a written notice of the availability on the proposed specific plan, b) a map and legal description covered by the proposed specific plan, c) that the proposed specific plan can be reviewed at the Marana Municipal Complex, and d) time, date and location of the public hearing before the Planning Commission. Notice shall be sent to all the property owners of record within the distances described in section 10.04.01 The proposer of the specific plan shall provide the Planning Director with a copy of the list and map used to notify the property owners per this section prior to undertaking the notification. C. Recommendation by Planning Administrator. The Planning Administrator and the Town Engineer, along with appropriate staff and any consultant retained by the Town for the purposes of reviewing the proposed specific plan and advising Town officials and agencies with respect thereto, shall jointly review the specific plan application for the purpose of formulating a written recommendation to the Planning Marana Study Session Meeting 02/09/2021 Page 129 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 10 of 128 Revised January 2018 Ord. 2017.027 Commission with respect to the proposed specific plan. The recommendation may include, among other factors, discussion of the following: 1. conformance of the proposed specific plan with the Town of Marana General Plan and other applicable land use plans adopted by the Town; 2. assessment of the development capability report described in Section 05.06.02.D.; 3. analysis of the expected impact of the proposed development on the site and surroundings; and 4. special regulations necessary for the proposed specific plan. The written recommendation shall be prepared by and submitted to the Planning Commission by the Planning Administrator after consultation with the Town Engineer and the consultants, if any, retained by the Town to review the Specific Plan. D. Availability. The written recommendation to the Planning Commission prepared by the Planning Administrator shall be available for public inspection at least 10 days prior to the date of the Planning Commission public hearing. E. Public Notice Notice of the public hearing before the Planning Commission shall be given with at least 15 days notice in accordance with the provisions of Title 10.02. F. Public Hearing. 1. After the proper public notice, the Planning Commission shall hold a public hearing on the application, at which interested parties shall be heard. 2. The Planning Commission shall recommend regulations necessary to protect the public health, safety and welfare, and may recommend regulations unique to the plan or specific instructions for plan administration. 3. The Planning Commission may continue the public hearing for its consideration of the proposed specific plan for a definite time not to exceed 30 days, unless a longer period is agreed to by the applicant in writing. The continuance may be agreed to by the applicant in writing. The continuance may be granted by the Planning Commission on its own initiative or at the request of the applicant or affected property owners. 4. The Planning Commission shall transmit a written recommendation on the application to the Town Council in accordance with Paragraph A of Title 10.03. G. Superseding Effect. The provisions for this Title 05.06. shall supersede the provisions contained in Title 10.01. insofar as the provisions of Title 10.01. would otherwise apply to a rezoning of property to the Specific Plan Zone. 05.06.05 Town Council Review A. Public Notice. Marana Study Session Meeting 02/09/2021 Page 130 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 11 of 128 Revised January 2018 Ord. 2017.027 Public notice of the Town Council hearing shall be given in the same manner as described in Title 10.02. relating to the giving of notice of a public hearing by the Planning Commission. 1. Public Hearing. After proper public notice, the Town Council shall hold a public hearing on the application, at which interested parties shall be heard. . 2. The Town Council may continue the public hearing or its consideration of the proposed specific plan for a definite time not to exceed 30 days, unless a longer period is agreed to by the applicant in writing. The continuance may be granted by the Town Council on its own initiative or at the request of the applicant or affected property owners. 3. The Town Council may approve by ordinance the specific plan as submitted by the applicant or with amendments, deletions or additions which promote the public's health, safety, morals and general welfare, or the Town Council may deny the request. 05.06.06 Density Transfer A. The Planning Administrator in concurrence with the Planning Commission may permit the transfer of densities to more suitable locations within the specific plan provided: 1. The locations and procedures for such transfers are explicitly stated within the specific plan; and 2. The overall density of the specific plan or individual planning area is not exceeded. B. The specific plan shall designate density donor and recipient areas within which density transfers are permitted. In areas adjacent to uses of similar or less intensity, appropriate buffer areas shall be delineated within an individual specific plan to be designated only as donor areas. C. The total number of units transferred to a recipient area shall not exceed 20% of the number of dwelling units established for the area; individual specific plans may establish a lower maximum transfer percentage. Any transfer greater than to Section 05.06.07. 05.06.07 Specific Plan Changes A. Scope All specific plans shall describe in sufficient detail the criteria and process for amendment, which shall be no less restrictive than the minimum requirements of this Section 05.06.07. B. Consistency All specific plan amendments shall be in substantial conformance with the remainder of the specific plan, with the Town of Marana General Plan and with other applicable land use plans that have been adopted by the Town. C. Procedure 1. The owner or agent of the property may submit to the Planning Administrator a written application to amend one or more of the specific plan regulations; Marana Study Session Meeting 02/09/2021 Page 131 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 12 of 128 Revised January 2018 Ord. 2017.027 2. The Planning Administrator shall refer the request to amend with his recommendations to the Planning Commission for noticed public hearing. The Planning Commission shall make its recommendation to the Town Council which after public hearing, shall approve, reject or modify the proposed amendment. D. Amendments Causing Land Use Changes No specific plan amendment shall cause the provisions contained in Title 05.03 of this Development Code relating to Significant Land Use Changes to become applicable to property which is regulated by an adopted specific plan. 05.06.08 Specific Plan Report A. Report The owner or agent for each adapted Specific Plan shall annually, within 30 days of the anniversary of the Specific Plan approval, submit a written report to the Town of Marana including, but not limited to, the past year’s development activity, utility, sewer, water, drainage and street improvement activities, changes in ownership structure, status of sales or leases to others and estimates for the upcoming year in the above categories. (Ord. 91.04, 5/91). 05.10 New Zones Established Subsequent to April 6, 1993, the Town of Marana established the zones, as amended listed below. These zone classifications will apply to all land zoned subsequent to this date. Marana Study Session Meeting 02/09/2021 Page 132 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 13 of 128 Revised January 2018 Ord. 2017.027 05.10.01 AG Agricultural A. Purpose The purpose of the Agricultural Zoning District is to protect and preserve agricultural lands and related activities in their present character. The intent of this zone is to protect agricultural lands from development of incompatible land uses and urban encroachment. In addition, the agricultural district is intended for general agricultural purposes, with appropriate single-family residences and customary buildings. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the AG zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the AG zone exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the AG zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Growing and harvesting of fields, trees or bush’s including flowers; 3. Plant nurseries and green houses for the propagation, cultivation and distribution of plants produced on the premises; 4. Apiaries; 5. Aviaries; 6. Kennels; 7. Stables (public or private); 8. Riding arena, rodeo grounds (public or private, lighted or unlighted); 9. Raising of large and small livestock; 10. Raising of ratites; 11. Raising of fowl, rodents and swine; 12. Veterinary clinics (large or small); 13. Public parks and playgrounds; and, 14. Public schools. C. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling or allowable agricultural use, provided that any permanent building or structure shall be harmonious with the character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; Marana Study Session Meeting 02/09/2021 Page 133 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 14 of 128 Revised January 2018 Ord. 2017.027 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Corrals, barns and other animal-keeping structures; 6. Fences and walls; and, 7. Home occupations, with an approved Home Occupation Permit. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code 1. Communication Facilities, subject to the requirements of Title 23; 2. Utility Facilities; 3. Government buildings and facilities when necessary for serving the surrounding region; provided, that no public business offices and no repair or storage facilities are maintained therein; 4. Veterinary clinics (small or large), pounds and shelters; 5. Cemeteries, crematories and mausoleums; 6. Dairies and feedlots; 7. Livestock Auction Yard 8. Public dog or horse track; 9. Zoo; 10. Accessory living quarters; 11. Modular Home; 12. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07; and, 13. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses 1. Christmas tree lot; and, 2. Produce stand. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; Marana Study Session Meeting 02/09/2021 Page 134 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 15 of 128 Revised January 2018 Ord. 2017.027 4. Recreational vehicle parks and mobile home parks; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. G. Property Development Standards – Generally: 1. Lot Area. The minimum lot size per dwelling unit shall be five (5) acres. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred seventy-five (175) feet. b. Depth. Lots shall have a minimum depth of two-hundred seventy-five (275) feet. 3. Minimum Front, Side and Rear Yards (Setbacks). a. The required front yard (setback) shall be a minimum of forty (40) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of sixty (60) feet. c. The required rear yard (setback) shall be a minimum of one-hundred (100) feet. 1. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 2. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. All two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. Marana Study Session Meeting 02/09/2021 Page 135 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 16 of 128 Revised January 2018 Ord. 2017.027 The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Marana Study Session Meeting 02/09/2021 Page 136 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 17 of 128 Revised January 2018 Ord. 2017.027 05.10.02 RD-180 Rural Development A. Purpose The purpose of the Rural Development Zoning District is to protect and preserve the character and encourage orderly growth of rural areas within the Town. It is intended to encourage rural development in areas of the Town that are lacking in infrastructure for urban development and provide limited services to serve the immediate area. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the RD-180 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the RD-180 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the RD-180 zone, subject to the Development Standards contained in this section. 1. One single-residence on any lot or parcel, site built or manufactured home; 2. Growing and harvesting of fields, trees or bushes including flowers; 3. Plant nurseries and green houses for the propagation, cultivation and distribution of plants produced on the premises; 4. Farm product stands for materials grown on-site; 5. Public parks and playgrounds; 6. Day care center; 7. Churches, synagogues, and other places of worship; 8. Group homes; 9. Public schools; 10. Raising of large and small livestock; 11. Raising of ratites; 12. Raising of fowl, rodents and swine; and, 13. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling or allowable agricultural use, provided that any permanent building or structure shall be harmonious with the character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; Marana Study Session Meeting 02/09/2021 Page 137 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 18 of 128 Revised January 2018 Ord. 2017.027 4. Sports courts, unlighted; 5. Aviaries; 6. Kennels; 7. Stables, private; 8. Fences and walls; and, 9. Home occupations, with an approved Home Occupation Permit. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Communication Facilities, subject to the requirements of Title 23; 2. Public Stables; 3. Utility Facilities; 4. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 5. Veterinary clinics (small or large), pounds and shelters; 6. Cemeteries, crematories and mausoleums; 7. Dairies and feedlots; 8. Riding arena, rodeo grounds (public or private, lighted or unlighted); 9. Livestock Auction Yard 10. Accessory living quarters; 11. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07; and 12. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses (reserved) F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Apiaries; 4. Multiple dwelling units; and, 5. Recreational vehicle parks and mobile home parks. Marana Study Session Meeting 02/09/2021 Page 138 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 19 of 128 Revised January 2018 Ord. 2017.027 G. Property Development Standards – Generally: 1. Lot Area. The minimum lot size shall be one-hundred eighty thousand (180,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred and seventy-five (175) feet. b. Depth. Lots shall have a minimum depth of two-hundred and seventy-five (275) feet. 3. Minimum Front, Side and Rear Yards (Setbacks). a. The required front yard (setback) shall be a minimum of forty (40) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of thirty (30) feet. c. The required rear yard (setback) shall be a minimum of fifty (50) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Marana Study Session Meeting 02/09/2021 Page 139 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 20 of 128 Revised January 2018 Ord. 2017.027 05.10.03 R-144 Residential A. Purpose The purpose of this Zoning District is to protect existing and proposed rural and low density residential uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage large lot residential subdivisions and to allow for limited residential development in environmentally sensitive areas. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-144 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-144 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the R-144 residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Public parks and playgrounds; 3. Public schools. 4. Churches, synagogues, and other places of worship; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner’s association, for a specific subdivision; Marana Study Session Meeting 02/09/2021 Page 140 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 21 of 128 Revised January 2018 Ord. 2017.027 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner’s association, and designed for a specific subdivision; 9. Model homes, within an approved subdivision; 10. Aviaries; 11. Riding arena, rodeo grounds (private, unlighted); 12. Keeping of large and small livestock; 13. Keeping of ratites; 14. Stables, private; and, 15. Corrals, barns, and other animal-keeping structures as accessory to a primary residential use. D. Conditional Uses The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code: 1. Plant nurseries and greenhouses; 2. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 3. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises; 4. Accessory living quarters ; 5. Communication facilities, subject to the requirements of Title 23; 6. Residential facilities for the disabled; 7. Modular Housing; 8. Riding arena, rodeo grounds (private, lighted) 9. Riding arena, rodeo grounds (public, lighted or unlighted); 10. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07; 11. Stables, public; 12. Kennels; 13. Keeping of rodents, fowl and swine; 14. Veterinary clinics (small or large); and 15. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses Marana Study Session Meeting 02/09/2021 Page 141 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 22 of 128 Revised January 2018 Ord. 2017.027 1. Christmas tree lot and other seasonal sales; and, 2. Temporary sales offices may be granted for a three (3) year period or until all homes in a subdivision are completed, whichever occurs first. Extensions to the three (3) year time limit may be granted if the property owner can demonstrate that the need for the temporary sales offices and/or model homes continues to exist. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; and, 4. Recreational vehicle parks and mobile home parks. G. Site Development Standards: The property development standards set forth in this section shall apply to all land, structures and buildings in the R-144 zone. 1. Lot area. The minimum lot size shall be one-hundred forty-four thousand (144,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred seventy-five (175) feet. b. Depth. Lots shall have a minimum lot depth of two-hundred (200) feet. 3. Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (Setback) shall be a minimum of forty (40) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of fifty (50) feet. c. The required rear yard (setback) shall be a minimum of fifty (50) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. Marana Study Session Meeting 02/09/2021 Page 142 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 23 of 128 Revised January 2018 Ord. 2017.027 b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Marana Study Session Meeting 02/09/2021 Page 143 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 24 of 128 Revised January 2018 Ord. 2017.027 05.10.04 R-80 Residential A. Purpose The purpose of this Zoning District is to protect existing and proposed rural and low density residential uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage large lot residential subdivisions and to allow for limited residential development in environmentally sensitive areas. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-80 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-80 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the R-80 residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Public parks and playgrounds; 3. Public schools; 4. Churches, synagogues, and other places of worship; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner’s association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner’s association, and designed for a specific subdivision; Marana Study Session Meeting 02/09/2021 Page 144 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 25 of 128 Revised January 2018 Ord. 2017.027 9. Model homes, within an approved subdivision; 10. Aviaries; 11. Keeping of small and large livestock; 12. Keeping of ratites; 13. Keeping of fowl, rodents and swine; 14. Riding arena, rodeo grounds (private, unlighted); 15. Stables, private; and, 16. Corrals, barns, and other animal-keeping structures as accessory to a primary residential use. D. Conditional Uses The following may be permitted subject to Conditional Use Permits pro-vided for in Section 10.10 of the Land Development Code: 1. Plant nurseries and greenhouses; 2. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 3. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises ; 4. Accessory living quarters; 5. Residential facilities for the disabled; 6. Communication facilities, subject to the requirements of Title 23; 7. Modular housing; 8. Riding arena, rodeo grounds (private, lighted); 9. Riding arena, rodeo grounds (public, lighted or unlighted); 10. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; and 11. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses 1. Christmas tree lot and other seasonal sales; and, 2. Temporary sales offices may be granted for a three (3) year period or until all homes in a subdivision are completed, whichever occurs first. Extensions to the three (3) year time limit may be granted if the property owner can demonstrate that the need for the temporary sales offices and/or model homes continues to exist. F. Prohibited Uses Marana Study Session Meeting 02/09/2021 Page 145 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 26 of 128 Revised January 2018 Ord. 2017.027 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; and, 4. Recreational vehicle parks and mobile home parks. G. Site Development Standards: The property development standards set forth in this section shall apply to all land, structures and buildings in the R-80 zone. 1. Lot area. The minimum lot size shall be eighty-thousand (80,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred twenty (120) feet. b. Depth. Lots shall have a minimum lot depth of two-hundred (200) feet. 3. Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of thirty (30) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be forty (40) feet. b. The required side yard (setback) shall be a minimum of thirty (30) feet. c. The required rear yard (setback) shall be a minimum of forty (40) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. Marana Study Session Meeting 02/09/2021 Page 146 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 27 of 128 Revised January 2018 Ord. 2017.027 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Marana Study Session Meeting 02/09/2021 Page 147 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 28 of 128 Revised January 2018 Ord. 2017.027 05.10.05 R-36 Residential A. Purpose. The R-36 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-36 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-36 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-36 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner’s association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner’s association, and designed for a specific subdivision; Marana Study Session Meeting 02/09/2021 Page 148 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 29 of 128 Revised January 2018 Ord. 2017.027 9. Model homes, within an approved subdivision; 10. Keeping of large and small livestock on parcels one acre or greater; 11. Stables, private; and, 12. Riding arena, rodeo grounds (private, unlighted). D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 3. Group homes; 4. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 5. Aviaries; 6. Riding arena, rodeo grounds (private, lighted); 7. Keeping of rodents and fowl; and 8. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-36 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards—Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-36 zone. 1. Lot area. The minimum lot size shall be thirty-six thousand (36,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. Marana Study Session Meeting 02/09/2021 Page 149 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 30 of 128 Revised January 2018 Ord. 2017.027 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of thirty (30) feet. b. The required side yard (setback) shall be a minimum of fifteen (15) feet, with a street side yard (setback) having a minimum of twenty (20) feet. c. The required rear yard (setback) shall be a minimum of forty (40) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the review and approval of the Town Council, subject to the process and requirements found in Section 8.05. 6. Building Mass. Any structure over two-stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Marana Study Session Meeting 02/09/2021 Page 150 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 31 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 151 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 32 of 128 Revised January 2018 Ord. 2017.027 05.10.06 R-20 Residential A. Purpose. The R-20 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-20 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-20 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-20 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest hose, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner’s association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner’s association, and designed for a specific subdivision; and, Marana Study Session Meeting 02/09/2021 Page 152 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 33 of 128 Revised January 2018 Ord. 2017.027 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 2. Day care center; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; 5. Accessory living quarters; 6. Aviaries; and 7. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision. F. Prohibited Uses. Uses prohibited in the R-20 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards—Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-20 zone. 1. Lot area. The minimum lot size shall be twenty thousand (20,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of twenty-five (25) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of thirty feet (30). b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of ten feet. Marana Study Session Meeting 02/09/2021 Page 153 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 34 of 128 Revised January 2018 Ord. 2017.027 c. The required rear yard (setback) shall be a minimum of twenty (20) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be fifteen (15) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Building Mass. Any structure over two-stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Marana Study Session Meeting 02/09/2021 Page 154 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 35 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 155 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 36 of 128 Revised January 2018 Ord. 2017.027 05.10.07 R-16 Residential A. Purpose. The R-16 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-16 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-16 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-16 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner’s association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner’s association, and designed for a specific subdivision; and Marana Study Session Meeting 02/09/2021 Page 156 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 37 of 128 Revised January 2018 Ord. 2017.027 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; 5. Aviaries; and 6. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-16 district are as follows: 1. All commercial and business uses, except those specifically permitted; and 2. Industrial uses. G. Property development standards—Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-16 zone. 1. Lot area. The minimum lot size shall be sixteen thousand (16,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of 80 feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of Twenty (20) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of twenty-five (25) feet. b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of fifteen (15) feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. Marana Study Session Meeting 02/09/2021 Page 157 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 38 of 128 Revised January 2018 Ord. 2017.027 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be fifteen (15) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. Marana Study Session Meeting 02/09/2021 Page 158 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 39 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 159 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 40 of 128 Revised January 2018 Ord. 2017.027 05.10.08 R-12 Residential A. Purpose. The R-12 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-12 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-12 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-12 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner’s association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner’s association, and designed for a specific subdivision; and, Marana Study Session Meeting 02/09/2021 Page 160 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 41 of 128 Revised January 2018 Ord. 2017.027 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; and 5. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-12 district are as follows: 1. All commercial and business uses, except those specifically permitted; 2. Industrial uses. G. Property development standards—Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-12 zone. 1. Lot area. The minimum lot size shall be twelve thousand (12,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of 75 feet. b. Depth. Lots shall have a minimum depth of ninety-five (95) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of twenty (20) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of twenty-five (25) feet. b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of fifteen (15) feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. Marana Study Session Meeting 02/09/2021 Page 161 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 42 of 128 Revised January 2018 Ord. 2017.027 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. Marana Study Session Meeting 02/09/2021 Page 162 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 43 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 163 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 44 of 128 Revised January 2018 Ord. 2017.027 05.10.09 R-10 Residential A. Purpose. The R-10 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-10 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-10 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-10 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; and, 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner’s association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner’s association, and designed for a specific subdivision; and, Marana Study Session Meeting 02/09/2021 Page 164 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 45 of 128 Revised January 2018 Ord. 2017.027 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; 5. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-10 district are as follows: 1. All commercial and business uses, except those specifically permitted; 2. Industrial uses. G. Property development standards—Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-10 zone. 1. Lot area. The minimum lot size unit shall be ten thousand (10,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of 70 feet. b. Depth. Lots shall have a minimum depth of ninety-five (95) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty-five percent (35%) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty feet or greater. b. The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten feet. Marana Study Session Meeting 02/09/2021 Page 165 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 46 of 128 Revised January 2018 Ord. 2017.027 c. The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum twenty (20) feet, the rear yard (Setback) shall be increased one (1) foot for each foot of decrease, but shall not be required to be over twenty-five (25) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. Marana Study Session Meeting 02/09/2021 Page 166 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 47 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 167 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 48 of 128 Revised January 2018 Ord. 2017.027 05.10.10 R-8 Residential A. Purpose. The R-8 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-8 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-8 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-8 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner’s association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner’s association, and designed for a specific subdivision; and, Marana Study Session Meeting 02/09/2021 Page 168 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 49 of 128 Revised January 2018 Ord. 2017.027 9. Model homes, within an approved subdivision. ; D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 3. Group homes; and 4. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-8 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards—Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-8 zone. 1. Lot area. The minimum lot size shall be eight thousand (8,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of 65 feet. b. Depth. Lots shall have a minimum depth of ninety (90) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty-five percent (35%) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty feet or greater. b. The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten (10) feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then Marana Study Session Meeting 02/09/2021 Page 169 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 50 of 128 Revised January 2018 Ord. 2017.027 the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum twenty (20) feet, the rear yard (setback) shall be increased one (1) foot for each foot of decrease, but shall not be required to be over twenty-five (25) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. Marana Study Session Meeting 02/09/2021 Page 170 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 51 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 171 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 52 of 128 Revised January 2018 Ord. 2017.027 05.10.11 R-7 Residential A. Purpose. The R-7 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-7 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-7 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-7 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner’s association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner’s association, and designed for a specific subdivision; and, Marana Study Session Meeting 02/09/2021 Page 172 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 53 of 128 Revised January 2018 Ord. 2017.027 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 3. Group homes; and 4. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-7 district are as follows: 1. All commercial and business uses, except those specifically permitted; 2. Industrial uses. G. Property development standards—Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-7 zone. 1. Lot area. The minimum lot size shall be seven thousand (7,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of 55 feet. b. Depth. Lots shall have a minimum depth of eighty-five (85) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty-five percent (35%) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty feet or greater. b. The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten (10) feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then Marana Study Session Meeting 02/09/2021 Page 173 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 54 of 128 Revised January 2018 Ord. 2017.027 the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum twenty (20) feet, the rear yard (setback) shall be increased one (1) foot for each foot of decrease, but shall not be required to be over twenty-five (25) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. Marana Study Session Meeting 02/09/2021 Page 174 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 55 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 175 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 56 of 128 Revised January 2018 Ord. 2017.027 05.10.12 R-6 Residential A. Purpose. The R-6 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-6 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-6 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-6 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner’s association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner’s association, and designed for a specific subdivision; and, Marana Study Session Meeting 02/09/2021 Page 176 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 57 of 128 Revised January 2018 Ord. 2017.027 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 3. Group homes; and 4. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-6 district are as follows: 1. Commercial uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards—Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-6 zone. 1. Lot area. The minimum lot size shall be six thousand (6,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of fifty (50) feet. b. Depth. Lots shall have a minimum depth of eighty (80) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of sixteen (16) feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of thirty-five percent (35%) of the lots may have a reduced setback to the sixteen feet, with the balance of the setbacks being twenty feet or greater. b. The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten (10) feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. Where the front yard (setback) is increased above the twenty (20) feet, then Marana Study Session Meeting 02/09/2021 Page 177 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 58 of 128 Revised January 2018 Ord. 2017.027 the rear yard (setback) may be reduced one (1) foot for each foot of increase, but shall not be reduced to below fifteen (15) feet. Where the front yard (setback) is decreased below the minimum twenty (20) feet, the rear yard (setback) shall be increased one (1) foot for each foot of decrease, but shall not be required to be over twenty-five (25) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be ten (10) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be five (5) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. Marana Study Session Meeting 02/09/2021 Page 178 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 59 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 179 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 60 of 128 Revised January 2018 Ord. 2017.027 05.10.13 R-3.5 Residential A. Purpose. The R-3.5 single-family residential zone is primarily intended as an affordable, compact medium-high density neighbor district. The district shall contain small-lot single-family homes and/or attached units, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and containing a quality design. To ensure high-quality, well designed development, the alternative neighborhood and residential design plan standards set forth in Section 8.06 shall apply. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-3.5 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-3.5 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-3.5 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Director. C. Accessory Uses. Residential Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner’s association, for a specific subdivision; Marana Study Session Meeting 02/09/2021 Page 180 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 61 of 128 Revised January 2018 Ord. 2017.027 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner’s association, and designed for a specific subdivision; and, 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools; 3. Group homes; and 4. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-3.5 district are as follows: 1. Commercial uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards—Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-3.5 zone. 1. Lot area. The minimum lot size shall be thirty-five hundred (3,500) square feet. 2. Lot dimensions. c. Width. Lots shall have a minimum width of thirty-five (35) feet. d. Depth. Lots shall have a minimum depth of seventy-five (75) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) where front entry garages are recessed ten feet or more from the livable portion of the dwelling, front setbacks may be reduced to ten feet, except where garages open or face directly onto an abutting street, in which case the garage setback shall be a minimum of twenty (20) feet. A maximum of fifty percent (50%) of the lots may have a reduced setback, with the balance of the setbacks being twenty feet or greater. Marana Study Session Meeting 02/09/2021 Page 181 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 62 of 128 Revised January 2018 Ord. 2017.027 b. The required side yard (setback) shall be a minimum of five (5) feet, with a street side yard (setback) having a minimum of ten (10) feet. c. The required rear yard (setback) shall be a minimum of ten (10) feet. 4. Building Separation (Distance Between Structures/Buildings) a. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that are open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet. 6. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed seventy-five percent (75%) of the total lot area. 7. Underground Utilities. All on-site utilities shall be placed underground on the site. 8. Multi-story Dwellings. No more than 60 percent (60%) of the homes may be two stories. 9. Location. This district shall be located in areas where neighborhood shopping, schools, parks and/or other community services are planned or existing within one-half mile. Marana Study Session Meeting 02/09/2021 Page 182 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 63 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 183 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 64 of 128 Revised January 2018 Ord. 2017.027 05.10.14 MR-2 Multi-Family (Med/High Density) A. Purpose: The MR-2 zone provides for and encourages development of multiple residence dwellings which include varied project amenities. The intent of the district is to permit medium-high density urban development with a mixture of similar intensities. B. Location: The MR-2 district should be located in Village Core areas, with direct frontage along arterial streets as defined in the Marana General Plan. It is not the intent of the MR-2 zone to "buffer" non- residential uses, but rather, to provide a housing type needed within the community when public and private facilities are available to serve the higher residential density such as public and private transportation systems, commercial services, and recreational facilities. C. Permitted Uses: Property zoned MR-2 may be used for multi-family residential projects. D. Accessory Uses: 1. Fences and walls; 2. Carports and garages; 3. Swimming pools and recreation buildings which are part of the multi-family development; 4. Tennis courts, provided they have no lighting; 5. Other similar recreation facilities as may be determined by the Planning Administrator. E. Conditional Uses: The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code: 1. Public and private schools; 2. Parks; 3. Public utility facilities required for local service, provided that there are no offices, maintenance facilities, outdoor storage, or any full-time employees related to the site; 4. Day care facilities; 5. Churches, provided they are located on the intersection of two arterial streets or one collector and one arterial street; 6. Single family housing as provided in the R-6 zone; and 7. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). F. Temporary Uses (Reserved) G. Prohibited Uses (Reserved) Marana Study Session Meeting 02/09/2021 Page 184 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 65 of 128 Revised January 2018 Ord. 2017.027 H. Development Standards: 1. The parcel area required per unit decreases with the increase in the number of dwelling units as follows: a. 2-4 residential units -- 4,000 sq. ft. per dwelling unit b. 5-8 residential units -- 3,500 sq. ft. per dwelling unit c. 9 or more residential units - 2,175 sq. ft. per dwelling unit 2. Parcels of five acres or larger shall be at a maximum density of twenty dwelling units per net acre. 3. Minimum lot area: 6,000 sq. ft. 4. Minimum lot width: 60 feet. 5. Minimum lot depth: 90 feet. 6. Minimum perimeter setback: 20 feet, except setbacks shall increase one foot for each foot of height in excess of 20 feet. 7. Maximum structure height: 30 feet. 8. Maximum percent of lot coverage: 50 percent. 9. Minimum common open space: 30 % of the site excluding parking areas and drive areas. 10. Minimum private open space per dwelling unit, either patio or balcony, or combination thereof: 100 sq. ft. Marana Study Session Meeting 02/09/2021 Page 185 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 66 of 128 Revised January 2018 Ord. 2017.027 05.10.15 MR-1 Multi-Family (High Density) A. Purpose: The MR-1 zone provides for and encourages development of multiple residence dwellings which include varied project amenities. The intent of the district is to permit high density urban development with a mixture of similar intensities. B. Location: The MR-1 district should be located in Village Core areas with direct frontage along arterial streets as defined in the Marana General Plan. It is not the intent of the MR-1 zone to "buffer" non- residential uses, but rather, to provide a housing type needed within the community when public and private facilities are available to serve the higher residential density such as public and private transportation systems, commercial services, and recreational facilities. C. Permitted Uses: Property zoned MR-1 may be used for multi-family residential projects. D. Accessory Uses: 1. Fences and walls; 2. Carports and garages; 3. Swimming pools and recreation buildings which are part of the multi-family development; 4. Tennis courts, provided they have no lighting; 5. Other similar recreation facilities as may be determined by the Planning Administrator. E. Conditional Uses: The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code: 1. Public and private schools; 2. Parks; 3. Public utility facilities required for local service, provided that there are no offices, maintenance facilities, outdoor storage, or any full-time employees related to the site; 4. Day care facilities; 5. Churches, provided they are located on the intersection of two arterial streets or one collector and one arterial street; 6. Single family housing as permitted in the R-6 zone; and 7. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). F. Temporary Uses: (Reserved) G. Prohibited Uses: (Reserved) Marana Study Session Meeting 02/09/2021 Page 186 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 67 of 128 Revised January 2018 Ord. 2017.027 H. Development Standards: 1. The parcel area required per unit decreases with the increase in the number of dwelling units as follows: a. 2-4 residential units -- 4,000 sq. ft. per dwelling unit; b. 5-8 residential units -- 3,500 sq. ft. per dwelling unit; c. 9 or more residential units -- 1,500 sq. ft. per dwelling unit. 2. Parcels of five acres or larger may be at a maximum density of thirty dwelling units per net acre. 3. Minimum lot area: 43,560 sq. ft. 4. Minimum lot width: N/A 5. Minimum lot depth: N/A 6. Minimum perimeter setback: 20 feet, except setbacks shall increase one foot for each foot of height in excess of 20 feet. 7. Maximum structure height: 40 feet. 8. Maximum percent of lot coverage: 55 percent. 9. Minimum common open space: 25% of the site excluding parking areas and drive areas. 10. Minimum private open space per dwelling unit, either patio or balcony, or combination thereof: 75 sq. ft. Marana Study Session Meeting 02/09/2021 Page 187 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 68 of 128 Revised January 2018 Ord. 2017.027 05.10.16 RV Recreation Vehicle A. Purpose The purpose of the Recreational Vehicle (RV) zone is to provide for the development of parks which rent spaces or which provide subdivided lots for sale, catering to the special needs of recreational vehicle environments and lifestyles within the Town of Marana. B. Location All recreational vehicle developments shall comply with the Town of Marana General Plan. In addition, recreational vehicle developments shall abut a major arterial paved all-weather street meeting Town of Marana standards. C. Permitted Uses The following uses are permitted within the recreational vehicle (RV) zone: 1. Recreational vehicle parks with one recreational vehicle per rental space. 2. Recreational vehicle subdivisions with one recreational vehicle per lot. D. Accessory Uses 1. Accessory uses appurtenant to recreational vehicle parks include community recreation buildings, facilities, and areas, laundry facilities, manager's office and apartment, child care facilities, and similar accessory uses for the exclusive benefit of the park or subdivision residents. 2. Accessory uses appurtenant to individual recreational vehicles include carports, ramada, cabana, covered patio, storage room and similar uses. Accessory buildings shall not be used for regular occupancy or for sleeping. 3. Other customary accessory uses and buildings as may be determined by the Planning Administrator which are incidental to the principal use and do not include any activity commonly conducted as a business. However, the occasional sale of a recreational vehicle, motor vehicle, or trailer on a lot on which the seller resides shall not be considered a business. E. Conditional Uses The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code: 1. A boat, auto, or trailer storage area, provided they are in a completely enclosed area surrounded by not less than a 6 foot fence or wall, completely screened from view from all sides. 2. Recreational uses intended primarily for the occupants of the park or subdivision, including golf courses and related facilities. 3. Model sales area, provided not more than five (5) spaces are devoted to this use, and not to exceed 12 months, unless an extension is granted by the Planning Commission. The Commission may allow an additional sales area where the park or subdivision occupies more than 100 acres. 4. Convenience market. Marana Study Session Meeting 02/09/2021 Page 188 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 69 of 128 Revised January 2018 Ord. 2017.027 5. Restaurant, provided the recreational vehicle park or subdivision contain not less than 500 recreational vehicle spaces or lots. 6. Vehicle wash. 7. Mini-storage area, not to exceed one storage unit per 20 recreational vehicle spaces or lots. 8. One recreational vehicle may be installed per lot on a commercial or industrial parcel or lot, provided a minimum set back of at least 20 feet from all other structures is provided. This provision is principally intended to allow for a caretaker on a commercial or industrial complex. When provided, the unit shall be entirely screened, and meet all development standards, as applicable, listed below. The Planning Commission shall approve the final site plan. 9. Any use not appearing in this section which may be permitted by the Planning Administrator, and which shall be primarily for the residents of the park or subdivision. 10. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). F. Temporary Uses Temporary construction buildings and yards during the actual construction and development of the recreational vehicle park or subdivision, and sales offices, not to exceed eighteen (18) months, unless active construction is ongoing, in which case the Planning Administrator may grant an additional six (6) month increments upon finding that active construction is still on-going and necessary. G. Prohibited Uses (Reserved) H. Site Development Standards 1. Minimum Project Size: 5 acres 2. Minimum Project Setback: 20 feet from all street frontages measured from the right- of-way line. This setback shall be fully landscaped and screened, and may include a perimeter masonry decorative wall and which shall contain a minimum of 15 gallon trees per 40 lineal feet of street frontage, with 65% vegetative cover in shrubs and groundcover on the exterior of the wall. The landscape and screening plan shall be approved by the Planning Administrator. Refer to Title 17 Landscape Requirements for further requirements. (part. Ord. No. 97.07, 3/97). 3. Parks or subdivisions: a. Minimum lot size per rental unit: 1,750 sq. ft., with a minimum average lot size of 2,000 sq. ft. b. Maximum density: 15 units per net acre, excluding streets and drives. c. Minimum common recreation area per unit: 150 sq. ft. d. Minimum width per space: 35 feet e. Minimum depth per space: 50 feet Marana Study Session Meeting 02/09/2021 Page 189 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 70 of 128 Revised January 2018 Ord. 2017.027 f. Minimum distance between units (exterior of all structures, drives and accessory structures): 7 feet g. Minimum front yard: 7 feet h. Minimum rear yard: 5 feet i. Setbacks declared a minimum. No encroachment or variance shall be allowed within five (5) feet of the front, side or rear lot or space line required setbacks unless the building, structure, or other appurtenance meets the Uniform Building Code requirements for a minimum two (2) hour fire wall rating. Setbacks established above are determined the minimum necessary for the public health, safety and general welfare. j. Detached storage buildings not exceeding one hundred twenty (120) square feet in area are permitted on each recreational vehicle space. All storage buildings shall be located in the rear of the recreational vehicle space. Detached storage buildings shall not encroach into the required setbacks without a variance, and subject to the fire wall requirements set forth above. k. Certain accessory structures, which are complimentary to individual recreational vehicles and park models (i.e. covered carports, patio awnings, ramadas, storage buildings, and room additions) which are made an integral part of and are architecturally compatible with the recreational vehicle or park model itself may be permitted by the Planning Administrator, after review of plans assuring the required compatibility, and provided, further, that the owner/developer of the park or subdivision has provided sufficient setbacks to meet the requirements of paragraph "i" above. 4. Common Recreation Area shall be provided both in recreational vehicle parks and subdivisions. Common Recreation Areas shall be owned and maintained by a property owner's association where a recreational vehicle subdivision is developed. Plans for the common recreation areas shall be approved by the Town of Marana, and shall include facilities and equipment for both adults and children. Public or private streets, vehicle storage areas, exterior boundary landscaped areas and other areas shall not be included when calculating required recreational areas. 5. Access to all lots or spaces shall be from the interior of the park or subdivision. 6. Private streets shall be a minimum paved width of twenty-eight feet (28') including required curbs when flush with the surface of the paving. Concrete sidewalks at least two feet (2') in width shall be provided on each side of interior private streets. The Planning Administrator may permit a four foot (4') sidewalk on one side of an interior street where deemed desirable. 7. The maximum height of any habitable structure shall not exceed twenty (20) feet. All other structures shall not exceed fifteen (15) feet in height. 8. All structures that are located on non-manufactured home spaces or lots shall not exceed thirty-five (35) feet in height from grade to the highest point on the roof. 9. All utility lines shall be placed underground within the park or subdivision. Each lot shall be provided with water, sanitary sewer, electric lines, telephone lines and gas Marana Study Session Meeting 02/09/2021 Page 190 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 71 of 128 Revised January 2018 Ord. 2017.027 lines, as needed, in compliance with applicable Town codes. Fire hydrants shall be installed as required by the Planning Administrator. 10. All parks or subdivisions shall have street lighting provided along private or public streets for the safety of pedestrians, and as required by the Planning Administrator. 11. All parks or subdivisions shall have refuse collection areas approved by the Planning Administrator. All such refuse collection areas shall be screened from public view. 12. All parks or subdivisions shall have a minimum of two vehicular entrances. One entrance may be kept closed to the general public, but is required to meet public safety standards. 13. All parks and subdivisions shall improve, to Town standards, and dedicate any abutting public street and shall dedicate all interior easements and drives for utilities and public service vehicles where required by the Planning Administrator. Marana Study Session Meeting 02/09/2021 Page 191 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 72 of 128 Revised January 2018 Ord. 2017.027 05.10.17 MH Manufactured Housing A. Purpose The purpose of the Manufactured Housing (MH) zone is to provide for the development of parks and subdivided lots for sale that cater to the special needs of the manufactured home environment and lifestyle within the Town of Marana. B. Location All manufactured housing developments shall comply with the Town of Marana General Plan. In addition, manufactured housing developments shall not be placed within the airport environs of any airport within the Town. All manufactured home developments shall be served by paved all-weather roads meeting Town of Marana standards. C. Permitted Uses The following uses are permitted within the MH zone: 1. Manufactured housing parks with one manufactured home per rental space. 2. Manufactured housing subdivisions with one manufactured home per lot. D. Accessory Uses 1. Accessory uses appurtenant to manufactured housing parks include community recreation buildings and areas, accessory parking areas, laundry facilities, manager's office and apartment, child care facilities and other similar accessory uses for the exclusive benefit of the park or subdivision residents. 2. Accessory uses appurtenant to the individual manufactured home, include carports, ramada, cabana, covered patio, storage room and similar uses. Accessory buildings shall not be used for regular occupancy or sleeping. 3. Other customary uses and buildings as may be determined by the Planning Administrator, which are incidental to the principal use and do not include any activity commonly conducted as a business. However, the occasional sale of a manufactured home, motor vehicle or trailer on a lot on which the seller resides shall not be considered a business. E. Conditional Uses The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code: 1. A boat or trailer storage area, provided they are in a completely enclosed area surrounded by not less than a 6 foot fence or wall, and completely screened from view from all sides, and only for the residents of the park or subdivision. Chainlink fences with slat inserts are not acceptable in fulfilling this fencing requirement. 2. Recreational uses intended primarily for the occupants of the park or subdivision, including golf courses and related facilities. 3. Model home area of up to five (5) manufactured homes, but only as part of a manufactured home subdivision, and provided at least 100 lots are subdivided or rental spaces provided. Marana Study Session Meeting 02/09/2021 Page 192 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 73 of 128 Revised January 2018 Ord. 2017.027 4. Any use not appearing in this section which may be permitted by the Planning Administrator, and which shall be primarily for the residents of the park or the subdivision. 5. One mobile home may be installed per lot on a commercial or industrial parcel or lot, provided a minimum setback of at least 20 feet from all other structures is provided. This provision is principally intended to allow for a caretaker on a commercial or industrial complex. When provided, the unit shall be entirely screened, and meet all development standards, as applicable, listed below. The Planning Commission shall approve the final site plan. 6. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). F. Temporary Uses G. Temporary construction buildings and yards during the actual construction and development of the park or subdivision, and sales office, not to exceed 18 months unless active construction is ongoing at the end of the 18 month period, in which case the Planning Administrator may grant additional six (6) month increments upon finding that active construction is still on-going and is necessary for the continued development of the park or subdivision. H. Prohibited Uses (Reserved) I. Site Development Standards 1. Minimum Project Size: 10 acres 2. Minimum Project Setbacks: 20 feet from all street frontages measured from the right-of-way line. This setback shall be fully landscaped and screened, and may include a perimeter decorative masonry wall. The setback area shall also contain a minimum of 1 tree, not less than 15 gallons, per 40 lineal feet of street frontage, with 65% vegetative cover in shrubs and groundcover on the exterior side of the wall. The landscape and screening plan shall be approved by the Planning Administrator. Refer to Title 17 Landscape Requirements for further requirements. No off-street parking facilities or recreational facilities for common use shall be located in any such required exterior yard. (part. Ord. No. 97.07, 3/97). 3. Parks and subdivisions: a. Minimum lot size per rental unit or lot: 5000 sq. ft. b. Maximum density: 8 units per net acre. c. Minimum common recreation area per park or subdivision space: 250 sq. ft. A homeowners association shall be established in manufactured home subdivisions to own and maintain the park/open space as may be approved by the Town of Marana. d. Minimum width per space: 55 feet. e. Minimum depth per space: 90 feet. Marana Study Session Meeting 02/09/2021 Page 193 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 74 of 128 Revised January 2018 Ord. 2017.027 f. Minimum setback between units (exterior of all structures, drives, and accessory structures): 10 feet. g. Minimum front-yard setback: 20 feet. h. Minimum rear-yard setback: 25 feet. i. Minimum common recreation area per rental or subdivision space: 250 sq. ft. j. Setbacks Declared a Minimum. No encroachment or variance shall be allowed within five (5) feet of the front, side, or rear yard lot or space line, unless the building, structure, or other appurtenance meets the Uniform Building Code requirements for a minimum two (2) hour fire wall rating. Setbacks established above are determined the minimum necessary for the public health, safety, and general welfare. k. Detached storage buildings not exceeding one hundred twenty (120) square feet in area are permitted on each manufactured home space or lot. All storage buildings shall be located in the rear of the manufactured home space or lot. Detached storage buildings shall not encroach into the required setbacks without a variance, and shall be subject to the Uniform Building Code fire wall requirements set forth above. l. Certain accessory structures, which are complimentary to individual manufactured homes (i.e. covered carports, patio awnings, ramadas, storage buildings, and room additions) which are made an integral part of and are architecturally compatible with the manufactured home may be permitted by the Planning Administrator, after review of plans assuring the required compatibility, and provided further, that the owner/developer of the park or subdivision has provided sufficient setbacks to meet the requirements of paragraph "j" above. m. The maximum height of any habitable structure shall not exceed twenty (20) feet. All other structures shall not exceed fifteen (15) feet in height. n. All structures that are located on non-manufactured home spaces or lots shall not exceed two (2) stories nor shall they exceed thirty-five (35) feet in height from grade to the highest point on the roof. 4. Common Recreation Area shall be provided both in manufactured home parks and subdivisions. Common Recreation Areas shall be owned and maintained by a property owner's association where a manufactured subdivision is developed. Plans for the common recreation areas shall be approved by the Town of Marana, and shall include facilities and equipment for both adults and children. Public or private streets, vehicle storage areas, exterior boundary landscaped areas and other areas shall not be included when calculating required recreational areas. 5. Access to all lots or spaces shall be from the interior of the park or subdivision. 6. Private streets shall be a minimum paved width of twenty-eight feet (28') including required curbs when flush with the surface of the paving. Concrete sidewalks at least four feet (4') in width shall be provided on each side of interior private streets. Marana Study Session Meeting 02/09/2021 Page 194 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 75 of 128 Revised January 2018 Ord. 2017.027 The Planning Administrator may permit a four foot (4') sidewalk on one side of an interior street where deemed desirable. 7. All utility lines shall be placed underground within the park or subdivision. Each lot shall be provided with water, sanitary sewer, electric lines, telephone lines and gas lines, as needed, in compliance with applicable Town codes. Fire hydrants shall be installed as required by the Planning Administrator. 8. All parks or subdivisions shall have street lighting provided along private or public streets for the safety of pedestrians, as required by the Planning Administrator. 9. All parks or subdivisions shall have refuse collection areas approved by the Planning Administrator. Such refuse collection areas shall be screened from public view. 10. All parks or subdivisions shall have a minimum of two vehicular entrances. One entrance may be kept closed to the general public, but is required to meet public safety standards. 11. All parks and subdivisions shall improve to Town standards and dedicate any abutting public street and shall dedicate all interior easements and drives for utilities and public service vehicles where required by the Planning Administrator. Marana Study Session Meeting 02/09/2021 Page 195 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 76 of 128 Revised January 2018 Ord. 2017.027 05.10.18 MHS Manufactured Home Subdivision (Reserved) Marana Study Session Meeting 02/09/2021 Page 196 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 77 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 197 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 78 of 128 Revised January 2018 Ord. 2017.027 05.11.01 CO Commercial A. Purpose The CO zone is intended to provide for the use of designated properties for professional offices and limited commercial facilities to serve the residents of Marana. It includes those uses related to medical, professional, financial, administrative, and interrelated uses. This zone is intended to prohibit most retail commercial uses which, more properly, belong in other commercial zones. It is also intended to provide multi-family residential opportunities and options to commercial and other higher-intensity districts. B. Location The following shall be considered in establishing and maintaining the CO zone: 1. Convenient and efficient vehicular access to an arterial or collector street. 2. Availability of land suitable for grouping of professional activities. 3. Availability of parcels whose general commercial use is less desirable and/or inappropriate. C. Permitted Uses The following uses may be permitted subject to demonstration of architectural compatibility with adjacent uses: 1. Residential Dwelling Units as permitted and subject to the development standards found in Section 05.10.13. 2. Professional Offices: Law, architectural, engineering, planning, business and management consulting. 3. General Offices: Real estate, data processing, executive suites, photographic services, travel agents, research services, and administrative offices. 4. Medical and Dental: Offices, laboratories, clinics, and pharmacies; but not including drug stores. 5. Veterinary clinic, small. 6. Financial Services: Accounting, auditing, bookkeeping, tax consultation, collection agencies, credit services, insurance and investment, security and commodity brokers, dealers and exchanges, insurance and financial planning. 7. Public Service: Detective and protective services, employment services and public utility offices. 8. Such other comparable uses as determined by the Planning Administrator. D. Accessory Uses (Reserved) E. Conditional Uses. The following uses may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code: 1. Restaurants and Cafes (not to include drive-ins or carry-outs) subject to: Marana Study Session Meeting 02/09/2021 Page 198 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 79 of 128 Revised January 2018 Ord. 2017.027 a. The facility is designed to preclude vehicular ingress and egress in conflict with existing or planned adjacent residential uses. b. The facility is located and designed to eliminate noise and/or odors. c. The facility is an integral part of the office building. 2. Private Schools: Business, music, dance, art, and vocational, which must be an integral part of the office building. 3. Special Retail: Specialty retail services such as florist, jewelry, barber and beauty shops, child care facilities, clothes cleaning and tailor shops, and such other compatible uses as may be determined by the conditional use process and which shall all be integral to the primary use as an office complex. 4. Banks and Savings and Loans. 5. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). F. Temporary Uses -- (Reserved) G. Prohibited Uses -- (Reserved) H. Intensity Standards 1. Residential. On any parcel or unit of development, the following intensity standards apply: a. Dwelling Unit Density: There shall be no more than twenty-five (25) dwelling units for each acre of parcel area. b. Building Coverage: The sum of all buildings and structures shall cover no more than 40% of all land area developed. 2. Non-Residential. The following standards shall apply: a. Building Coverage: The sum of all buildings and structures shall cover no more than 30% of all land area developed. b. Reserved. I. Site Development Standards. The following site development standards shall apply: 1. Street Frontage: minimum of 100 feet. 2. Lot Area: a. Multifamily: minimum of 3.0 acres. b. Non-Residential: none 3. Front yard: minimum of twenty-five feet. 4. Side Yard: minimum of fifteen feet for residential uses. No side yard is required for non-residential uses provided minimum building code requirements are met. However, a non-residential use adjacent to a residential zone shall have a Marana Study Session Meeting 02/09/2021 Page 199 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 80 of 128 Revised January 2018 Ord. 2017.027 minimum side yard of not less than 15 feet plus an additional 10 feet for each story over one story, or in excess of 18 feet in height, whichever is greater. 5. Street Side Yard: minimum of twenty-five feet. 6. Rear Yard: minimum of twenty-five feet. 7. Building Height: maximum of forty feet. Marana Study Session Meeting 02/09/2021 Page 200 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 81 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 201 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 82 of 128 Revised January 2018 Ord. 2017.027 05.11.02 NC Neighborhood Commercial A. Purpose. The Neighborhood Commercial (NC) Zone is intended to provide for the conduct of indoor business serving neighborhood residential areas needs including retail sales of convenience goods and services, shopping goods and services and other defined goods and professional services and to insure compatibility with adjacent residential uses. It is also the intent of this zone to provide neighborhood retail uses in clusters and to avoid strip commercial sites. It is further intended that these activities will provide local business and employment opportunities for Marana. B. Location (Reserved) C. Permitted Uses. 1. Residential uses as permitted and subject to the development standards found in Section 05.10.13 (R-3.5) 2. Commercial Office (CO) uses as provided in Section 05.11.01C. 3. The following uses are permitted in the Neighborhood Commercial Zone. a. Apparel stores. b. Appliance stores. c. Banks and financial institutions, excluding drive-through and outdoor teller facilities. d. Barber and beauty shops. e. Bicycle shops. f. Child care institutions. g. Churches, temples, and other places for religious services. h. Clinics: medical, dental, and veterinary (completely enclosed). i. Clothes cleaning, pressing, and tailoring shops (completely enclosed). j. Drug stores. k. Florist shops. l. Food stores, including delicatessens, candy stores, and dairy product sales. m. Furniture stores. n. Hardware stores (no open storage, sale or display). o. Laundromats. p. Office buildings. q. Office equipment sales and service. r. Package liquor stores. s. Pet shops (completely enclosed). t. Public service facilities (government, civic, utility). u. Restaurants, including carry-out establishments, but excluding drive-in service. v. Stationery stores. w. Theaters, not including drive-ins. x. Schools of business, language, music, dance, and art (may require reasonable soundproofing). y. Shoe repair shops. z. Supermarkets. aa. Comparable uses as determined by the Planning Administrator. Marana Study Session Meeting 02/09/2021 Page 202 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 83 of 128 Revised January 2018 Ord. 2017.027 D. Accessory Uses -- (Reserved) E. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code if it is found in each case that the indicated criteria and limitations are satisfied and if specific conditions are imposed to carry out the purposes of these regulations: 1. Automobile service stations. a. Criteria: (1) Feasibility of arranging ingress and egress without interference or hazard to arterial street traffic and traffic to and from adjacent uses. (2) No more than one other service station located on each block. 2. Plant nurseries, home and garden supplies. a. Criteria: (1) Location on periphery of commercial area so as not to interfere with pedestrian movement and shopping. (2) Screening of all materials and supplies other than plant materials. 3. Drive-through facilities for banks, financial institutions, restaurants, and other similar uses. a. Criteria (1) Not closer than fifty (50) feet of any residentially developed lot line. (2) (Reserved) 4. Institutions of educational, philanthropic, and charitable nature. 5. Clubs, lodges and meeting halls. 6. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). F. Temporary Uses (Reserved) G. Prohibited Uses. The following uses are prohibited 1. Automobile paint, body and fender, brake and tire shops. 2. Bars and cocktail lounges not a part of a bonafide restaurant. 3. Contractor's yard. 4. Heavy equipment sales or lease. 5. Agricultural or industrial equipment sales. H. Intensity Standards. 1. Minimum Site Size: none, except that 1 acre per free standing pad use is required. Marana Study Session Meeting 02/09/2021 Page 203 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 84 of 128 Revised January 2018 Ord. 2017.027 2. Maximum Site Size: 15 acres. 3. Floor Area Ratio: the combined floor area ratio for all principal buildings, together with all accessory buildings, shall not exceed 0.5. 4. Maximum Lot Coverage: The total ground area occupied by all buildings shall not exceed thirty-five percent of the lot. I. Site Development Standards. The following site development standards shall apply: 1. Street Setback: minimum 20 feet from any street lot line. 2. Side and Rear Yard Setback: minimum of 20 feet from any side or rear lot line. 3. Special Buffer Adjacent to Residential Areas: Along any property line either used or planned for residential use, a buffer area shall be provided which shall be at least twenty-five (25) feet in depth, measured from the property line. 4. Building Height: No principal building shall exceed thirty (30) feet in height; no accessory building or other structure shall exceed twenty-five (25) feet in height. 5. Access and Traffic Control: a. All uses shall have access limited to the collector or arterial streets. b. All its buildings, other structures, parking and loading areas, shall be physically separated from all non-arterial or collector streets by vertical curbs and other suitable barriers and landscaping to prevent unchanneled motor vehicle access. Except for the access ways permitted in c. below, the barrier shall be continuous for the entire length of the property line. c. Each property shall have appropriate access ways to the street. In addition, each access way shall comply with the following: (1) Curb returns shall have a minimum radius of twenty-four (24) feet. (2) At its intersection with the property line, no part of any access way shall be nearer than one hundred (100) feet to the intersection of any two (2) street rights-of-way lines, nor shall any such part be nearer than fifty (50) feet to any side or rear lot line. (3) The number and location of access ways shall be so arranged that they will reduce traffic hazards as much as possible. d. Off-Street Loading: Each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of twenty-four (24) feet in width and shall be in addition to and not part of the drives or circulation system used by the vehicles of shoppers and/or fire access. The arrangement of truck loading and unloading facilities for each shop or store shall be such that, in the process of loading or unloading, no truck will block or extend into any other private or public drive or street used for vehicular circulation. Loading and delivery zones shall be clearly marked. The Planning Administrator may permit joint-use loading Marana Study Session Meeting 02/09/2021 Page 204 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 85 of 128 Revised January 2018 Ord. 2017.027 and delivery spaces as a part of the approval of a shopping complex of several retail stores being part of a complex. e. Storage: Except in instance where specifically permitted and controlled under the provisions of this ordinance, open storage of equipment and materials is prohibited. f. Landscaping: At least 10% of the area not covered by buildings shall be landscaped. Refer to Title 17, Landscape Requirements, for further requirements. (part. Ord. No. 97.07, 3/97). Marana Study Session Meeting 02/09/2021 Page 205 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 86 of 128 Revised January 2018 Ord. 2017.027 05.11.03 VC Village Commercial A. Purpose. The Village Commercial (VC) zone is a community level retail zone and is intended to provide for the conduct of business serving the Town of Marana and surrounding communities providing the sale of goods and services and a variety of commercial and professional activities as well as higher- density residential opportunity in a planned mixed-development area. This zone is for the services requiring larger sites and service area than neighborhood level centers, but not regional level goods and services. It is further intended these activities provide employment business opportunities for Marana. B. Location (Reserved) C. Permitted Uses. 1. Residential uses shall be permitted and subject to the development standards found in Section 05.10.13 2. Commercial Office (CO) uses as permitted in Section 05.11.01C 3. Neighborhood Commercial (NC) uses as permitted in Section 05.11.02C 4. The following list are permitted in the VC zone: a. Department stores. b. Variety stores. c. Retail warehouse outlets. d. Showroom catalog stores. e. Home improvement centers. f. Automotive Supplies/Service Stations; (1) Auto dealers. (2) Service station. (3) Car wash. (4) Cycle shop. g. Super drug stores (over 10,000 sq. ft.). h. Pet and pet supply stores. i. Such other comparable uses as may be approved by the Planning Administrator D. Accessory Uses -- (Reserved) E. Conditional Uses The following may be permitted subject to the conditional use permit procedure set forth in Town Code Section 17-3-2 Conditional use permits if the indicated criteria and limitations are satisfied: 1. Automobile paint, body and fender shops, subject to the following criteria: a. The parcel containing the use shall be located not closer than 250 feet from any residentially zoned lot line. b. The development shall be subject to the commercial design standards (Section 08.07.03 of this code) Marana Study Session Meeting 02/09/2021 Page 206 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 87 of 128 Revised January 2018 Ord. 2017.027 c. Areas where vehicles are being stored or awaiting repair shall be screened on all sides by decorative block walls and solid gates. d. Outdoor storage is prohibited. e. Outdoor repairs are prohibited, except windshield replacement. 2. Micro-hospitals 3. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Town Code Section 17-3-2 Conditional use permits, paragraph P). F. Temporary Uses -- (Reserved) G. Prohibited Uses. The following uses are prohibited in the VC zone: 1. Contractor's yard. 2. Heavy equipment sales or leases. 3. Agricultural or industrial equipment sales. 4. Comparable uses as determined by the Planning Administrator. H. Intensity Standards. (Non-Residential) 1. Minimum site size: 10 acres. 2. Floor Area Ratio: the combined floor area ratio for all principal buildings, together with all accessory buildings, shall not exceed 0.35. 3. Maximum Lot Coverage: The total ground area occupied by all buildings shall not exceed thirty-five percent of the lot. I. Site Development Standards. (Non-Residential) The following site development standards shall apply: 1. Street Setback: minimum 30 feet from any street lot line. 2. Side and Rear Yard Setback: minimum of 20 feet from any side or rear lot line. 3. Special Buffer Adjacent to Residential Areas: along any property line either used or planned for residential use, a buffer area shall be provided which shall be at least forty (40) feet in depth, measured from the property line. 4. Building Height: No principal building shall exceed fifty (50) feet in height; no accessory building or other structure shall exceed thirty (30) feet in height. 5. Access and Traffic Control: a. All uses shall have access limited to arterial streets. b. All non-residential zoned property with its buildings, other structures, parking and loading areas, shall be physically separated from all non- Marana Study Session Meeting 02/09/2021 Page 207 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 88 of 128 Revised January 2018 Ord. 2017.027 arterial streets by vertical curbs and other suitable barriers and landscaping to prevent unchanneled motor vehicle access. Except for the access ways permitted in c) below, the barrier shall be continuous for the entire length of the property line. c. Each property shall have access ways approved by the Town Engineer and shall demonstrate the need for access points. Each access way shall comply with the following: (1) The width of any access way leading to the arterial street shall be median divided to provide separation from incoming and outgoing traffic. (2) Curb returns shall have a minimum radius of twenty-four (24) feet. (3) At its intersection with the property line, no part of any access way shall be nearer than one hundred (100) feet to the intersection of any two (2) street rights-of-way lines, nor shall any such part be nearer than fifty (50) feet to any side or rear lot line. (4) The number and location of access ways shall be so arranged that they will reduce traffic hazards as much as possible. 6. Off-Street Loading: Each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of twenty-four (24) feet in width. The arrangement of truck loading and unloading facilities for each shop or store shall be such that, in the process of loading or unloading, no truck will block or extend into any other private or public drive or street used for vehicular or fire circulation. Loading and delivery zones shall be clearly marked. The Planning Administrator may permit joint-use loading and delivery spaces as a part of the approval. 7. Storage: Except in instance where specifically permitted and controlled under the provisions of this Plan, open storage of equipment and materials is prohibited. 8. Landscaping: At least 10% of the area not covered by buildings shall be landscaped. Refer to Title 17, Landscape Requirements, for further requirements. Marana Study Session Meeting 02/09/2021 Page 208 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 89 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 209 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 90 of 128 Revised January 2018 Ord. 2017.027 05.11.04 RC Regional Commercial A. Purpose The RC, Regional Commercial zone is intended to provide for regional shopping malls and related uses. It allows the conduct of a wide range of businesses and services serving a regional area, primarily involved in the retail sale of shopping goods and services, and a variety of commercial and professional activities. It is further intended that these activities shall provide business opportunities and employment opportunities for the residents of the Town of Marana. B. Location The following criteria shall be considered in establishing and maintaining the RC zone: 1. Need based on population of service area. 2. Convenient and efficient vehicular access to at least two major arterial streets, preferably to an existing or planned parkway or Interstate location. 3. Availability of land suitable for grouping of related activities in sub-centers with pedestrian circulation within such sub-centers. C. Permitted Uses Premises in the RC zone may be used for the following uses: 1. Regional shopping malls, including at least three major department stores. 2. Hotels or motels in conjunction with a regional shopping mall. 3. Uses permitted in the NC and VC commercial zones. D. Conditional Uses The following uses may be permitted in the RC zone subject to the conditional use permit procedure set forth in Section 10.10, if it is found in each case that the indicated criteria and limitations are satisfied and specific conditions are imposed to carry out the purposes of these regulations. 1. Automobile Service Stations. Criteria: a. Feasibility of arranging ingress and egress without interference or hazard to arterial street traffic and traffic to and from adjacent uses. b. No more than one other service station located within 500 feet of each other. c. Proposed architecture and site location enhance the appearance and character of neighboring properties. 2. Plant Nurseries Home and Garden Supplies. Criteria: a. Location on periphery of commercial area so as to not interfere with pedestrian movement and shopping. b. Screening of all materials and supplies other than plants. 3. Bowling Centers, Fitness Centers, and Other Commercial Recreational Uses. Criteria: Marana Study Session Meeting 02/09/2021 Page 210 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 91 of 128 Revised January 2018 Ord. 2017.027 a. Feasibility of arranging ingress and egress without interference or hazard to arterial street traffic and traffic to and from adjacent uses. b. The proposed architecture and site location enhance the appearance and character of neighboring properties. c. Compatibility with the appearance, character and activities of other uses located on the site. d. Noise mitigation measures shall include but not be limited to the orientation of buildings and the design of floor plans to assure the interior ambient noise will not be heard outside the building. 4. Automobile Car Washes. Criteria: a. Location on periphery of commercial area so as to not interfere with pedestrian movement and shopping. b. Screening of all car wash operations. c. Location sufficiently removed from any residential area to negate any possible nuisance due to noise or other features associated with the operation of the car wash. 5. Medical marijuana dispensary, subject to the conditional use permit procedure set forth in Section 10.10 and subject to the requirements found in Section 08.08. 6. Compatible uses determined acceptable by the Planning Administrator. 7. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Temporary Uses. The following temporary uses are permitted in the SC zone as permitted by the Planning Administrator, for a specified period of time, and subject to such conditions as may be necessary. 1. Christmas Tree Lots 2. Special Event Shows, not to exceed 5 calendar days in duration, such as arts and crafts, automobiles, recreational vehicles, and others as may be determined acceptable by the Planning Administrator, and provided no such event is permitted within one week of Thanksgiving, Christmas, or New Years Day. F. Prohibited Uses The following uses are prohibited in the RC zone: 1. Automobile repair other than in connection with an automobile sales facility or minor servicing at an automobile service station, or brake or tire shop. 2. Bars and cocktail lounges not part of a bonafide restaurant. 3. Contractor's yard. 4. Heavy equipment sales or lease. Marana Study Session Meeting 02/09/2021 Page 211 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 92 of 128 Revised January 2018 Ord. 2017.027 5. Agricultural or industrial equipment sales. G. Intensity Standards On any parcel of land or unit of development the following intensity standards shall apply: 1. Minimum Site Size: 30 acres. 2. Maximum Site Size: None 3. Floor Area Ratio: The combined floor area ratio for all principal buildings, together with all accessory buildings shall not exceed 0.50. 4. Maximum Lot Coverage: The total ground area occupied by all buildings shall not exceed thirty percent of the land. H. Site Development Standards In addition to the Development Standards established by these regulations, the following standards shall apply to property in the RC zone: 1. Street Setback: Minimum 80 feet from any street lot line. 2. Side and Rear Yard Setback: Minimum of 50 feet from any side or rear lot line. 3. Special Setback and Buffer Adjacent to Residential Areas: Along any property line either used or planned for residential use, a buffer area shall be provided which shall be at least one hundred feet in depth, measured from the property line. 4. Building Height: No principal building shall exceed sixty feet in height. No accessory building or other structure shall exceed twenty-five feet. 5. Access and Traffic Control: a. All RC uses shall have access limited to arterial streets. b. All RC zoned property with its buildings, other structures, parking and loading areas, shall be physically separated from all non-arterial streets by vertical curbs and other suitable barriers and landscaping to prevent unchanneled motor vehicle access. Except for the access ways permitted in paragraph c below, the barrier shall be continuous for the entire length of the property line. c. Each property shall not have more than tow access ways to any one street unless unusual circumstances demonstrate the need for additional access points. In addition, each access way shall comply with the following: (1) the width of any access way leading to the arterial street shall be median divided to provide separation from incoming and outgoing traffic. (2) curb returns shall have a minimum radius of thirty feet. (3) at its intersection with the property line, no part of any access way shall be nearer than one hundred feet to the intersection of any two street rights-of-way, nor shall any such part be nearer than fifty feet to any side or rear lot line. Marana Study Session Meeting 02/09/2021 Page 212 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 93 of 128 Revised January 2018 Ord. 2017.027 (4) the number and location of access ways shall be so arranged that they will reduce traffic hazards as much as possible. 6. Off-street Loading: Each shop or store shall have a rear or side entrance that is accessible to a loading area and service drive. Service drives shall be a minimum of twenty six feet in width and shall be in addition to and not part of the drives or circulation system used by the vehicles of shoppers and/or fire access. The arrangement of truck loading and unloading facilities for each shop or store shall be such that, in the process of loading or unloading, no truck will block or extend into any private or public drive or street used for vehicular circulation. Loading and delivery zones shall be clearly marked. The Planning Administrator may permit joint-use loading and delivery spaces as a part of the approval of a shopping complex of several retail stores being a part of the mall complex. 7. Storage: Except in the instance where specifically permitted and controlled under the provisions of this Code, open storage of equipment and materials is prohibited. 8. Landscaping: At least fifteen percent of the area not covered by buildings shall be landscaped. The landscaping within parking areas shall not be included as a part of the required fifteen percent landscaping Refer to Title 17, Landscape Requirements, for further requirements. Marana Study Session Meeting 02/09/2021 Page 213 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 94 of 128 Revised January 2018 Ord. 2017.027 05.11.05 SC Specialty Commercial (Reserved). Marana Study Session Meeting 02/09/2021 Page 214 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 95 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 215 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 96 of 128 Revised January 2018 Ord. 2017.027 05.11.06 VRC Vehicle Related Commercial (Reserved). Marana Study Session Meeting 02/09/2021 Page 216 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 97 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 217 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 98 of 128 Revised January 2018 Ord. 2017.027 05.11.07 RESORT AND RECREATION ZONE PURPOSE AND INTENT The Resort and Recreation Zone is established to provide for the development and operation of temporary lodging, recreation opportunities and associated specialized commercial guest facilities while protecting adjacent land uses from inappropriate and adverse impacts. The intent is to provide for the designation and regulation of certain land uses that are primarily intended for visitors to the Town of Marana. The Resort and Recreation Zone may be applied to property that is best suited to accommodating the needs of the visiting public without inappropriate impacts upon the daily functioning of the community or inappropriate impacts upon surrounding properties. PERMITTED USES The following types of uses are allowed within the RR (Resort and Recreation) District as permitted uses. 1. Residential Facilities for nonpermanent occupancy including Bed and Breakfast Establishments, Hotels, Motels, Inn's, Timeshare Projects, Resorts and Guest Ranches. ACCESSORY USES The following are Accessory Uses and may be established only when a part of, or accessory to a permitted use. 1. Entertainment, cultural and recreation facilities including lawn bowling, exercise facilities, handball and racquetball facilities, archery ranges, tennis, swimming and spa facilities, volleyball courts, dinner theaters, museums, art galleries, nature walk trails and amusement game rooms. 2. Service and specialty uses including beauty and barbershops, health spas, gift shops, newsstands, and specialty food shops (including on-site preparation and service). 3. Restaurants, dining facilities, bars, cocktail lounges and specialty food shops (deli's) with or without alcohol (including on-site preparation and service), excluding drive-through facilities. 4. Conference and gathering facilities including meeting rooms and chapels, with or without provisions for catering into the facilities designed to serve 200 people or less in a single room. 5. Business offices for the resort. 6. Freestanding open air pavilions less than 1,000 square feet, for outdoor events. 7. Riding and hiking trails, excluding trails for motor vehicles. 8. Equestrian facilities and horse stables, excluding boarding of horses for commercial purposes. 9. Observatories. 10. Living quarters for persons employed and deriving a major portion of their income on the premises, if occupied by such persons and their immediate families. 11. Live entertainment for the enhancement of the guest's visit to the temporary lodging facilities, excluding sexually oriented performances. Marana Study Session Meeting 02/09/2021 Page 218 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 99 of 128 Revised January 2018 Ord. 2017.027 12. Support facilities such as outdoor cooking areas, pool house, shade structures (ramada's and gazebo's) laundry facilities (for guests only), and other like uses as permitted by the Planning Director. 13. Campgrounds that may consist of temporary or permanent buildings, tent areas, or other structures (bunk houses, mess halls, etc.). 14. Motion picture studios and sets including the temporary use of domestic and wild animals in motion picture and television production, provided that said animals are kept and maintained pursuant to all applicable regulations, and are not retained on the premises for a period exceeding 60 days. CONDITIONAL USES The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code: 1. Entertainment and recreational facilities that are designed for large audiences such as rodeo (horse) arenas, auditoriums, stadiums, theme parks, water parks, zoos, wild animal parks and race tracks. 2. Outdoor activities such as go-cart tracks, skateboard parks, golf courses, shooting ranges, and off-road vehicle trails. 3. Convention centers/facilities that provide meeting rooms and a complete range of services including food preparation, assembly for more than 200 people in a single room, and/or an exhibit area exceeding 3,000 sq. ft. 4. Freestanding open-air pavilions greater than 1,000 square feet, for outdoor events. 5. Horse stables, for the purpose of boarding horses. 6. Amphitheaters. 7. Petting zoos. 8. Churches and other permanent places of worship. 9. Recreational vehicle spaces (with or without full hook-up) not to exceed the number of permanent guestrooms. These spaces are to be for the use of guests while staying at the resort. 10. Hot air balloon launch pads. 11. Helistops. 12. Residential, subject to the R-144 development standards. 13. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). DEVELOPMENT STANDARDS The following development standards shall apply to development in the Resort and Recreation Zone. A. Site Planning Marana Study Session Meeting 02/09/2021 Page 219 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 100 of 128 Revised January 2018 Ord. 2017.027 A resort, and subsequent additions or expansions, shall be designed and developed in a manner compatible with, and complimentary to existing and future development in proximity to the project site. Site planning on the perimeter shall provide for the protection of the surrounding areas from potentially adverse influences within the development, including flooding, erosion, subsidence, sloping of the soil or other dangers, unreasonable site and noise annoyances or inconveniences. Condition of the soil, groundwater level, drainage and topography shall be appropriate to both kind and pattern of use intended. B. Lot Area and Density 1. Each development shall have a minimum lot area of ten (10) acres. 2. The minimum required lot area for each lodging unit shall be ten thousand square feet (4.36 units per acre). C. Yards 1. Front Yards a. There shall be a front yard of not less than forty (40) feet in depth where a parcel abuts an arterial or major collector. b. There shall be a front yard of not less than twenty-five (25) feet in depth where a parcel abuts other than an arterial or major collector street. 2. Side Yards a. Side yards - Minimum side yard – twenty (20) feet, except where the site abuts a lot that is residentially zoned, the minimum required yard shall be twenty-five (25) feet. b. Street side yards - Minimum street side yard - twenty-five (25) feet. 3. Rear Yards a. Minimum rear yard - twenty-five (25) feet. D. Building Separation (Distance between buildings) 1. Minimum distance between buildings a. Between two main buildings – twenty-five (25) feet. b. Between main building and accessory building/facilities – fifteen (15) feet. c. Between accessory and accessory – ten (10) feet. E. Building Height 1. No main building shall exceed fifty (50) feet in height; 2. No accessory building or other structure shall exceed forty (40) feet; 3. In conjunction with a Conditional Use Permit application, the Planning Commission may allow an increase to the building height up to an additional fifty percent (50%) of the allowable, provided that the applicant provides acceptable justification for the need to exceed the height limit. F. Building Mass Marana Study Session Meeting 02/09/2021 Page 220 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 101 of 128 Revised January 2018 Ord. 2017.027 Any structure over two- stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. G. Lot Coverage Buildings, including accessory buildings, shall not cover a total of more than forty percent (40%) of the area of any lot. H. Landscape Requirements The following yards and areas shall be developed into and permanently maintained as landscaped areas containing ground cover, trees, and shrubs: 1. A minimum twenty-five (25) feet of required front yard shall be landscaped. 2. A minimum twenty-five (25) feet of any street side yard shall be landscaped. 3. A minimum twenty-five (25) feet improved landscaped area shall be provided where the site abuts any residentially zoned property. 4. The twenty-five (25) foot landscaped areas along all street frontages shall use desert plant materials and inorganic groundcover, together with a 6’ decorative masonry screen wall. A landscape plan shall be submitted and approved that provides enhanced vegetation of such a variety and density so as to establish both canopy and ground planting. Trees shall be planted every 20- feet on center with a minimum of 25% to be 24” box or greater. 5. Landscaped islands shall be provided to accommodate a minimum of one tree for every six parking stalls within the parking area. 6. Screening shrubs and trees are required and shall be permanently maintained adjacent to the fencing and property lines in conformance with the Screening and Bufferyard requirements of the Land Development Code. 7. A minimum landscaped area equal to at least fifteen (15) percent of the required parking area to be evenly distributed throughout the parking area and adjacent to buildings shall be provided. Plant materials shall be chosen so that within five (5) years of installation, planting materials shall achieve a thirty-five percent shading of the paved/parking areas. 8. The Planning Commission may approve an alternative proposal, equal to or exceeding the landscaped area provisions provided herein, subject to review and approval. I. Parking Requirements The minimum parking requirements are as follows: 1. The Resort shall provide a minimum of one and a quarter (1.25) parking spaces for each sleeping room. If there are other uses operated in conjunction with and/or as part of the resort, additional off-street parking spaces shall be provided per the requirements listed in the Off-Street Parking Section of the Development Code (i.e. restaurant, office, recreational areas, etc.). 2. In a resort with more than 200 rooms and for uses such as restaurants, meeting rooms and recreational amenities, the required number of parking spaces may be reduced to account for the shared use of parking spaces and to minimize the impact of paved parking areas on the resort environment. Marana Study Session Meeting 02/09/2021 Page 221 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 102 of 128 Revised January 2018 Ord. 2017.027 3. At least one (1) bus/recreational vehicle parking stall with minimum measurements of 50' x 12' shall be provided and maintained for each twenty-five (25) rooms, to be located on the same lot as the resort. J. Fencing 1. Where development occurs within 100 feet of a residentially zoned property, a solid opaque wall six (6) feet high or appropriate opaque landscape buffering as approved by the Planning Director shall be installed and thereafter maintained by the owner of property in this zoning district on all common property lines with residentially zoned property or with property designated as residential in the Town of Marana General Plan. 2. The screen walls shall be constructed of, or painted, with graffiti-resistant materials. The screen wall adjacent to the public rights-of-way shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse textured material such a stucco or plaster, or (f) a combination of the above materials. Any continuous wall greater than fifty (50) feet in length shall include variation in the wall alignment such as jogs, curves, notches, setbacks, etc.. and shall include trees or shrubs in the voids created by the variations. K. Access and Circulation 1. All lots shall have frontage on and vehicular access from a dedicated street unless alternative frontage and/or permanent vehicle access has been accepted by the Planning Director and Town Engineer. 2. Traffic congestion must be minimized through satisfactory level of service ratings regarding all related circulation elements. Consideration of adequate queueing, turning lanes, loop roads, and other site-specific design aspects is essential. These design aspects must also account for anticipated traffic generation levels. These design aspects must similarly account for and minimize the generation of particulate matter, noise, and any other relevant environmental impact created directly or indirectly by the project. 3. All facilities shall include adequate service and emergency access. When appropriate, the Town encourages these routes to be designed to perform double duty with pedestrian, equestrian, and bicycle routes through the use of special paving materials and textures. 4. Any project in which the range and frequency of travel demand and volume is dynamic with respect to the scheduling of events, holidays, or other intensely organized gatherings must provide for primary, secondary, and possibly tertiary circulation methods to ensure safe, mobile, and efficient interaction. L. Lighting Lighting shall reflect away from residential areas and comply with the Town of Marana adopted outdoor lighting code. The light source of any outdoor lighting shall be shielded from adjoining properties and shall be the minimum intensity needed to serve the intended purpose. All lighting shall be directed down and away from residential parcels and public roadways and shall be as low in elevation as possible. M. Signage On-site signage shall be limited to one low-profile freestanding ground monument sign per street frontage, not greater than 5 feet in height and 25 square feet in area. The sign shall be Marana Study Session Meeting 02/09/2021 Page 222 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 103 of 128 Revised January 2018 Ord. 2017.027 setback a minimum of 5 feet from the property line and shall be designed to be architecturally compatible with the facility building and constructed with the same or similar materials. N. Trash Disposal Each property shall provide adequate and accessible trash disposal areas, as accepted by the Planning Director. Disposal areas shall be screened from public view by a masonry enclosure, with solid gates, at least five (5) feet in height and able to adequately screen the trash and trash receptacle. O. Noise Impact Noise impact shall be considered and incorporated in the design of all facilities and uses to minimize the impact on adjacent residential properties. When appropriate an acoustical analysis will be required as part of the review process. Intrusive noise level. An event or development shall be considered to produce a noise disturbance if the sound level emitted by said development exceeds the following at the property line:  During the hours of 7:00 a.m. to 10:00 p.m. not to exceed 55 decibel.  During the hours of 10:00 p.m. to 7:00 a.m. not to exceed 45 decibel. P. Nuisance All uses shall be so located, constructed, and operated so as not to constitute a public nuisance because of dust, gas, smoke, noise, fumes, odors, vibrations, glare, appearance or other public nuisances. Q. Improvement Standards The Planning Director and Town Engineer may make Administrative Modifications to the established development standards based on the following procedures: 1. The applicant shall submit a letter, addressed to the Planning Director, regarding the following: a. How and why the applicant finds there exist extraordinary conditions and/or other circumstances such that the strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the proposed resort project; b. The improvements would be inconsistent with the general intent of this zone or the project and that there are exceptional circumstances or conditions applicable to the subject property which make the standard in question unfair, oppressive or not in keeping with the resort theme. 2. In addition, the letter shall explain how the request meets all of the following conditions necessary to granting an Administrative Modification to the required Development Standards of the Land Development Code: a. The proposal is consistent with the Town of Marana General Plan; b. With the exception of the requested waiver, the proposal complies with the Land Development Code and other applicable provisions of the Town of Marana Municipal Code, and, if applicable, the Northwest Marana Area Plan; Marana Study Session Meeting 02/09/2021 Page 223 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 104 of 128 Revised January 2018 Ord. 2017.027 c. 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; d. The design, scale and layout of the proposed development will not unreasonably interfere with the use and enjoyment of 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; e. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood, will enhance the visual character of the neighborhood, and will provide for the harmonious, orderly and attractive development of the site; f. 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; and g. The Modification on the proposed development is compatible with and enhances the design of existing buildings and other physical features of the site. Neither the Planning Director or Town Engineer may in their deliberations grant approval of an Administrative Modification unless it has first been determined, based on the evidence, that all of the following findings can be made: 1. The strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the proposed resort and would be inconsistent with the general intent of this zone or the project; 2. There are exceptional circumstances or conditions applicable to the subject property which make the standard in question unfair, oppressive or not in keeping with the resort theme; and 3. The granting of the waiver would not be materially detrimental to the public health, safety and welfare, nor injurious to the property or alternative improvements thereon in the immediate vicinity. The Town shall provide a written response within fifteen (15) days of receiving the modification request approving or denying said request with the reason(s) why. Marana Study Session Meeting 02/09/2021 Page 224 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 105 of 128 Revised January 2018 Ord. 2017.027 (BLANK) Marana Study Session Meeting 02/09/2021 Page 225 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 106 of 128 Revised January 2018 Ord. 2017.027 05.11.08 Mixed-Use – MU-1 A. Purpose The purpose of the Mixed Use Zoning District is to promote, and regulate existing low density mixed uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage orderly growth in semi-rural areas, as well as provide for semi-rural residential uses. In addition, this zone is intended to allow limited commercial and industrial development where appropriate and designed to be compatible or provide the appropriate buffers where potentially incompatible uses are proposed with the surrounding uses. This zone is to be located only where existing mixed-uses are historically located and the area is transitioning into a more intensive use area. B. Permitted Uses 1. One single-family detached home or caretakers quarters (Site built or Manufactured); 2. Antique shop; 3. Automobile repair garages, provided that no machining is conducted on the premises; no outdoor storage of parts or outdoor parking of automobiles waiting for service for more than seven (7) days; 4. Aviaries; 5. Barber and beauty shop; 6. Blacksmith shop; 7. Carpentry, upholstery & furniture repair; 8. Churches, synagogues, and other places of worship; 9. Construction/contractor’s yards; 10. Crop production; 11. Feed store; 12. Foster and group homes; 13. Grazing and raising of large and small livestock; 14. Kennels; 15. Massage therapy establishments; 16. Plant nurseries and greenhouses; 17. Private stables; 18. Professional offices, not including medical (see CUP Section); 19. Raising and marketing of poultry, rabbits and small animals; 20. Repair shops for appliances, bicycles, etc.; 21. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises; Marana Study Session Meeting 02/09/2021 Page 226 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 107 of 128 Revised January 2018 Ord. 2017.027 22. Second hand store; 23. Trucking operations and yards; 24. Veterinary clinics, small; 25. Uses similar to those listed above in this section, as determined by the Planning Director. C. Accessory Uses (Uses incidental to a permitted established use) 1. Corrals, barns & other animal-keeping structures; 2. Detached accessory buildings and structures; 3. Fences and walls; 4. Game courts, unlighted; 5. Garage, enclosed storage, or barn; 6. Guest quarters, provided that no kitchen is provided; 7. Home occupations; 8. Riding arena, rodeo grounds (private, unlighted); and, 9. Swimming pools. D. Conditional Uses The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code: 1. Additional building height; 2. Apiaries; 3. Commercial riding stables and boarding stables; 4. Game courts, lighted; 5. Health care facilities, including clinics, offices and laboratories; 6. Keeping of ratites; 7. Keeping of swine; 8. Livestock auction yards; 9. Stables, public; 10. Manufacturing, processing and assembly; 11. Mini-storage and/or recreational vehicle storage facilities; 12. Restaurants; 13. Riding arena, rodeo grounds (private lighted, or any public); 14. Sexually Oriented Business, subject to Article 9-6 of the Marana Town Code; 15. Veterinary clinic, large; Marana Study Session Meeting 02/09/2021 Page 227 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 108 of 128 Revised January 2018 Ord. 2017.027 16. Warehouse facilities; and, 17. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Performance Standards The following limitations shall apply to the conduct of uses within the Mixed-Use Zone: 1. More than one use may be permitted on a single parcel if the following criteria can be met: i. The total of all uses on a single parcel, shall not exceed the Pima County Department of Environmental Quality and other applicable codes and ordinances for individual sewage disposal system, this includes lot area, number of fixtures, required engineering plans, etc. ii. Each type of use (residential, commercial and industrial) shall have its own separate pedestrian entrance; iii. Adequate bufferyards are provided between incompatible uses; iv. Parking and vehicular accesses are separate between incompatible uses; v. The proposed use does not exceed the standards of the applicable codes and ordinances of the Town nor create any overburden of public or private streets, utilities, emergency services and/or facilities, and; 2. No outdoor storage of equipment or materials shall be permitted unless screened, by a permanent opaque decorative wall at least six feet in height or by a combination of solid wall or fence and landscape screening accepted by the Town. 3. No use shall be established, maintained or conducted within the Mixed-Use zone which may cause the dissemination of smoke, gas, dust, odor or any other atmospheric pollutant that is in violation of Pima County Department of Environmental Quality. Every use shall be so operated that it does not emit dust, heat, glare or vibration in such quantities or degree as to be readily detectable on any property line of the lot upon which it is located. 4. No use shall result in the creation of traffic hazards or undue congestion of any public street or private access. F. Development Standards The following standards shall apply to all developments within the Mixed-Use Zone: 1. General Development Standards. a. Minimum lot area shall be 43,560 square feet (1 acre); b. Minimum lot width shall be 100 feet; c. Minimum lot depth shall be 100 feet; Marana Study Session Meeting 02/09/2021 Page 228 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 109 of 128 Revised January 2018 Ord. 2017.027 d. Minimum required building setback abutting a street or ingress/egress easement shall be 30 feet. Fifty percent of such setback area shall be landscaped and shall remain as open space, free from structures and parking/loading areas. e. Minimum side and rear setbacks shall be 25 feet. A minimum of 10 feet of the setback area shall be landscaped and shall remain free from structures; This setback may be reduced to include driveways, screening walls, parking if a permanent opaque decorative screening wall five (5) feet in height is constructed along the property line; f. Building Separation. The minimum distance between two primary structures shall be twenty (20) feet. The minimum distance between all other structures shall be ten (10) feet; g. Setback Exceptions. Architectural features such as, but not limited to, eaves, chimneys, bay windows, overhangs, awnings, porches and similar architectural features may encroach into setbacks by no more than four (4) feet, subject to compliance with applicable standards of the applicable Building and Fire Codes; h. Maximum lot coverage shall not exceed a total of 55 percent for each parcel; i. Maximum building height shall be 24 feet. In conjunction with a Conditional Use Permit application, the Planning Commission may allow an increase to the building height, provided that the applicant provides acceptable justification for the need to exceed the height limit; 2. Landscaping The intent of the Landscaping requirements is to provide residents and businesses with attractive landscaping that creates an interesting streetscape, and provides a safe and effective transition between potentially incompatible land uses. In addition, these requirements regulate the protection of native vegetation as a significant natural resource. All development within the Mixed- Use Zone shall provide site landscaping, including the: bufferyard, parking lot and any applicable screening as required herein and in accordance with Title 17 of the Marana Land Development Code. 3. Access and Off-Street Parking The number, size and design of all parking spaces, driveways and loading areas for all development within the Mixed-Use Zone shall comply with the provisions of Title 22 of the Marana Land Development Code and the following requirements listed below: a. Per Title 6 of the Land Development Code, all lots must abut a Public Street (06.03.03.B), or a private street improved to a standard satisfactory to the Town; b. Access control and driveway locations will be evaluated per Town of Marana standards. Joint driveways are desirable whenever possible in Marana Study Session Meeting 02/09/2021 Page 229 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 110 of 128 Revised January 2018 Ord. 2017.027 order to minimize the number of access points to streets and access easements; and, c. All parking shall be off-street in paved, landscaped parking areas; 4. Signs Sign standards are hereby established to promote a quality visual appearance throughout the Mixed-Use Zone; to allow individual businesses to clearly identify themselves and the goods and services offered; to create a unique environment to attract visitors; to safeguard and enhance property values; to reduce potential hazards to motorists and pedestrians; and to eliminate excessive and confusing sign displays. All signs for developments within the Mixed-Use Zone shall comply with the provisions of Title 16 of the Marana Land Development Code and the following additional sign requirements: a. Materials, colors and shades of proposed signs shall be compatible with the related building(s) on the property; b. Monument, wall-mounted and free-hanging signboards shall be the approved styles; c. Signage shall be limited to one (1) freestanding sign for each street frontage and one (1) wall sign (near the main entrance). In cases where there are multiple tenants, each tenant within the property shall be allowed one (1) wall sign (near each main entrance, the sign area shall be determined by Section 16-14-2; d. Freestanding signs shall be limited to double-faced, ground-mounted monument style, with proper landscaping in accordance with Section 16- 14-4. Freestanding pole signs are prohibited; e. Freestanding signs shall not exceed eight (8) feet in height (from grade to the top of sign) and 40 square feet per side and shall be located in such a manner that does not create a traffic hazard, and; f. Changeable letter boards may make up no more than 20 percent of the area of a freestanding sign. 5. Screening To create an attractive environment and visually screen land uses that are not fully compatible, the following standards shall apply to all development within the Mixed-Use Zone: a. Service Entrances and/or Loading Areas. All service entrances, loading areas and spaces must be screened from the abutting property and view from a public street. Such screening shall consist of a minimum five (5) foot wide planting strip consisting of trees, decorative walls and/or landscaping combination that will provide a six (6) foot high barrier; b. Dumpsters and Trash Handling Areas. All dumpsters and trash handling areas shall be enclosed and screened from public view. These areas Marana Study Session Meeting 02/09/2021 Page 230 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 111 of 128 Revised January 2018 Ord. 2017.027 shall be constructed of materials and colors compatible with those of the primary building(s). Chain link fencing (with or without slats) is not permitted; c. No articles, materials, trash, equipment or inoperable vehicles shall be stored or kept in the open or be visible from the street, ingress/egress easement, and/or adjacent properties. This limitation does not apply to temporary storage of materials, equipment and supplies needed for the construction of improvements on a site, provided such items are completely removed immediately upon completion of the applicable phase of construction, and; d. Utilities. All utilities including electric power, telephone, gas and water shall be located underground. Utilities shall be coordinated with landscape plans to ensure proper screening and landscaping around utility vaults, box transformers, etc. 6. Lighting Site lighting should serve functional, safety and aesthetic purposes. Site and security lighting shall be designed to enhance the safety and quality of the development. Screening of lights from residential areas and glare from traffic areas shall be required. All site lighting shall be in compliance with the adopted Marana Outdoor Lighting Code. Marana Study Session Meeting 02/09/2021 Page 231 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 112 of 128 Revised January 2018 Ord. 2017.027 05.12.01 CBC Campus Business Center. A. Purpose. It is the purpose of the CBC zone to create a centerpiece employment and business center meeting the highest standards of amenity and technology. Toward that end, there are special development criteria created for this zone which shall prevail over all other criteria established in these regulations. B. Location. (Reserved) C. Permitted Uses. The following uses are specifically permitted in the CBC zone. 1. Lodging facilities 2. Medical, professional and general business offices. 3. Financial institutions, including drive-through facilities. 4. Uses primarily engaged in research activities, including, but not limited to, research laboratories and facilities, developmental laboratories and facilities including compatible light manufacturing similar to the following examples: a. Bio-chemical; b. Chemical; c. Film and photography; d. Medical or dental; e. Metallurgy; f. Pharmaceutical; g. Optical; h. X-ray. 5. Manufacture, research, assembly, testing, and repair of components, devices, equipment, and systems and parts such as, but not limited to the following: a. Computers b. Coils, tubes, semi-conductors c. Communication, navigation control, transmission and reception equipment, control equipment and system guidance equipment d. Data processing systems and equipment e. Metering instruments f. Newspaper publishing and printing g. Optical devices, equipment, and systems h. Photographic equipment i. Optical equipment j. Scientific instruments 6. Corporate and regional headquarter facilities and offices D. Accessory Uses. (Reserved) E. Conditional Uses. The following uses may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code: Marana Study Session Meeting 02/09/2021 Page 232 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 113 of 128 Revised January 2018 Ord. 2017.027 1. Day care facilities; 2. Churches and religious facilities; 3. Private educational facilities; 4. Medical facilities; 5. Retail services; 6. Eating and drinking establishments, including drive-through facilities; 7. Automotive service stations; 8. Warehouse and distribution in connection with a permitted use; 9. Blueprinting, Photostatting, photo engraving, printing, publishing and book binding; and 10. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). F. Temporary Uses (Reserved) G. Prohibited Uses. The following uses are specifically prohibited from the CBC zone: 1. Automobile sales or repair 2. Animal care, boarding and kennels 3. Manufacture and/or assembly of any of the following: a. Concrete products; b. Farm equipment; c. Heating and ventilating equipment; d. Sheet metal products; e. Trailers; f. Trucks; g. Wool and yarn. H. Intensity Standards 1. Minimum Parcel Size: the minimum size for all industrial parcels shall be one acre (43,560 square feet). The minimum site size for commercial or professional office uses shall be 20,000 square feet. 2. Maximum Building Coverage: the maximum building coverage for a lot shall be thirty percent (30%). Parking structures shall not be calculated as buildable area; however, said structures shall only be used for the parking of company vehicles, employee vehicles, or vehicles of persons visiting the site. I. Site Development Standards Marana Study Session Meeting 02/09/2021 Page 233 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 114 of 128 Revised January 2018 Ord. 2017.027 1. Minimum Lot Dimensions. The minimum lot dimensions shall be as follows: a. Site width: 100 feet b. Site depth: 200 feet The Planning Administrator may vary site width and depth provisions to accommodate proper site design. 2. Building Setbacks a. Front Yard: 50 feet, except that an unsupported roof or sun screens may project 6 feet into the setbacks area. b. Side Yard: 25 feet, except that an unsupported roof and sunscreens may project 6 feet into the setback area; provided that if a single building is constructed on two or more lots, or if a site on which a single building was originally constructed is further subdivided into two or more lots in accordance with the provisions of these Standards, no side yard setback is required from interior lot lines; provided further that, in any event, there shall be a minimum of at least 25 feet of open space between all buildings on the property. In the case of a corner lot, the side street setback shall be 30 feet, except an unsupported roof or sun screen may project 6 feet into the setback area. 3. Maximum Building Height a. Principal building: 50 feet b. Accessory building: 20 feet 4. Parking and Drives a. In General. The intent of these provisions is to provide adequate on-site parking for all employees, visitors, and company vehicles and, thus, eliminate the need for any on-street parking. If the parking requirements of a site increase as a result of change of use or addition of employees, additional on-site or proximate off-street parking shall be provided to satisfy the intent of these provisions. Parking may be provided on a contiguous site for employees or company vehicles, provided the contiguous site is within 500 feet of the site. Where off-site parking is provided, a document shall be filed with the Planning Administrator signed by the owners of the adjacent site stipulating to the permanent reservation of the use of the site for parking, and the subsequent reduction in parking available to the adjacent site. b. Parking Area Location. Parking areas should be located at the sides or rear of a building whenever possible. Parking is permitted in the required front yard setback if adequate setback and landscaping provisions are made to effectively shield the parking from the street. No parking shall be permitted within 25 feet of the front lot line. Parking within the front of a building should be limited to customers, invitees, and visitors of the building occupant. c. Landscaping and Screening. The front, sides, and rear yard areas of every lot not used for building, parking, access drives, and pedestrian ways shall Marana Study Session Meeting 02/09/2021 Page 234 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 115 of 128 Revised January 2018 Ord. 2017.027 be landscaped. Refer to Title 17, Landscape Requirements, for further requirements. (part. Ord. No. 97.07, 3/97). (1) Screening of parking. Front and side lot parking areas shall be landscaped and screened with an effective combination of street trees, trees, ground cover, earthen berms that are landscaped, and shrubbery so as to preclude, or effectively preclude, view of the parking areas from view from any street or public way. (2) Parking lot landscaping. Parking areas must be landscaped and designed to preclude the monotony of a large paved area. Toward this end, the following minimum standards apply: (1) A minimum 15 foot width landscaped median running the length of the aisle shall be provided for every 3 contiguous rows of double-loaded parking spaces. (2) A 10 foot minimum width landscaped island shall be spaced at a minimum of every 15 parking spaces. (3) Parking aisles shall not exceed 40 cars in a row. Total parking areas shall be broken into sections not to exceed 400 cars. (4) Native and /or approved vegetation is required within all medians and islands and shall be irrigated and maintained to insure viability. (5) Curbs and/or wheel stops shall be placed in such a manner as to preclude damage to landscaped areas. (3) Parking lot landscape plans and administration. (1) A separate parking lot landscape plan must be approved by the Planning Administrator prior to any construction of any building, structure or other improvement. (2) Every site, including parking areas, shall be landscaped according to approved plans within 30 days of occupancy or completion of construction, whichever comes first. A performance bond shall be posted with the Planning Administrator to insure compliance with this provision. (3) Natural or approved landscape material is required. (4) All landscaped areas shall be maintained in a well kept condition. (5) During construction and hereafter, the owner or lessee shall take all reasonable means to protect and preserve all trees and protected plants on a site, unless otherwise approved by the Planning Administrator. All protected plants must be inventoried and identified prior to any construction and noted on the landscape plans. Fencing must be installed prior to Marana Study Session Meeting 02/09/2021 Page 235 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 116 of 128 Revised January 2018 Ord. 2017.027 construction around all vegetation to be preserved as required by approved plans. d. Driveways (1) No driveway approach shall be permitted within 100 feet of a street intersection where an arterial or collector street is part of that intersection. (2) No driveway approach shall be permitted within 50 feet of the intersection of two local roads. (3) One curb cut is allowed for every 150 feet of street frontage. (4) Driveways shall be a minimum of 24 feet and a maximum of 30 feet with a minimum return radius of 30 feet. 5. Loading and Storage Areas. No loading area shall be allowed which is visible from the front lot line or from any adjacent streets. Loading areas shall be screened by an opaque wall, architecturally compatible with and extending from the building to effectively screen the loading area. The screen wall shall extend vertically a distance equal to two-thirds (2/3) the height of the loading door as measured from the ground to the top of the door, and shall extend at least forty-five (45) feet from the building surface on which the doors are located. Storage areas, including areas used for dumpster of private garbage facilities, shall be screened from all streets, freeways, and adjacent property. Said screening shall form a complete opaque screen up to a point eight (8) feet in vertical height. Storage within said screened area may not exceed the height of the screen. Outdoor storage shall include the parking of company trucks and vehicles, with the exception of passenger vehicles. Trucks and other company vehicles may exceed the maximum storage height of eight (8) feet. 6. Utilities. All utilities shall be placed underground. Transformer or terminal equipment shall be visually screened from view from all adjacent streets and properties. J. Architectural Standards. 1. In General. All construction within the CBC zone shall be reviewed and approved by the Planning Commission. 2. Architectural Design. Any building or structure erected on a site shall conform to the following practices: a. The architectural design shall be consistent with the accepted sound design principals of the profession, compatible with surrounding development, and in harmony with the desert environment of the Town of Marana. Elements to be considered include size and shape of the buildings, materials and color selection, facade treatment, height, and site and landscape treatment. b. Materials and colors must be in harmony with the natural environment. Stark white shall not be used. Buildings should be predominantly one of exterior material. An exterior materials and color board or samples must be submitted and approved by the Planning Commission. Marana Study Session Meeting 02/09/2021 Page 236 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 117 of 128 Revised January 2018 Ord. 2017.027 c. All sides and the rear of a building shall receive appropriate design considerations. d. All flues, vents, downspouts, electric meters, transformers and similar elements shall be painted to match the surface from which they project, or hidden by design features. e. All buildings must be designed by a licensed architect. Mechanical, electrical, and plumbing systems and structures must be designed and stamped by a registered engineer. f. Durable materials such as masonry and tilt-up concrete panels are preferred for all structures. Construction details such as change-of-plane, ribbing, fluting, texturing, banding, and/or reveals should be employed to break up large exterior wall surfaces. g. All roof-top equipment must be fully screened from view from any street, public way, or from any site within the area. h. Building designs should consider energy conservation in determining the orientation of the building on its site: (1) Geometric shape of the building and the building aspect ratio (ratio of length to width). (2) Thermal mass of the building. (3) Exterior surface colors. (4) Shading or reflection from adjacent structures, surrounding surfaces or vegetation. (5) Opportunities for natural ventilation. (6) Wind direction and velocity. Building envelopes should be designed for adequate thermal resistance and low air leakage. Incorporation of an alternate energy source, such as solar, is highly encouraged. i. No excavation shall be made except in conjunction with construction of an improvement. When such improvement is completed, all exposed excavations shall be back-filled, graded, and returned as near as possible to its natural state. j. Once commenced, construction shall be diligently pursued to the end. Such construction may not be left in a partly finished condition any longer than is reasonably necessary. k. Upon completion of construction, the architect shall be required to submit to the Planning Administrator a letter stating that the building has been completed in substantial compliance with the approved plans. Marana Study Session Meeting 02/09/2021 Page 237 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 118 of 128 Revised January 2018 Ord. 2017.027 05.12.02 Light Industrial A. Purpose The LI zone is intended to provide for manufacturing, processing, research, science, engineering, wholesale trade and services and other commercial, institutional and certain limited retail sales and service. It is further intended that these activities shall: 1. Provide Marana residents with employment opportunities; and, 2. Provide for the manufacture and distribution of goods, materials, and services important to local as well as regional commerce and industry. The LI zone is intended to provide a high quality working environment that is safe, healthy, aesthetically pleasing, and which in no instance shall cause a detrimental effect on adjacent land uses or the community environment as a whole. B. Location The following criteria shall be considered in establishing and maintaining the LI zone: 1. Consistency with the Marana General Plan. 2. Availability of a sufficiently large area to permit industrial development that can accommodate substantial buffering from non-industrial uses. 3. Existence of a freeway, flood control channels, railroad tracks, and highways on the periphery of an area to provide barriers and separation from non-industrial uses. 4. Vehicular access from a freeway and arterial highways without inducing traffic on residential streets or non-arterial streets. C. Permitted Uses The following uses shall be permitted in the LI zone: 1. Manufacturing of: a. Electronics (1) Electrical and related parts (2) Electrical appliances (3) Electrical devices (4) Motors (5) Radios, televisions and phonographs b. Instruments (1) Electronic (2) Medical and dental tools (3) Precision (4) Timing and measuring c. Office and Related Machinery (1) Audio machinery (2) Computers (3) Visual machinery d. Pharmaceutics (1) Cosmetics (2) Drugs Marana Study Session Meeting 02/09/2021 Page 238 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 119 of 128 Revised January 2018 Ord. 2017.027 (3) Perfumes (4) Soap (5) Toiletries e. Laboratories (1) Chemical (2) Dental (3) Electrical (4) Optical (5) Mechanical (6) Medical f. Manufacture and maintenance of signs g. Novelties and holiday paraphernalia h. Rubber and metal stamps i. Furniture and upholstering j. Candy k. Manufacturing, compounding, assembly or treatment of articles or merchandise from the following previously prepared materials: (1) Canvas (2) Cellophane (3) Cloth (4) Cork (5) Felt (6) Fiber (7) Fur (8) Glass (9) Leather (10) Paper (11) Precious or semi-precious stones or metals (12) Plaster (13) Shells (14) Textiles (15) Wood (16) Yarns 2. Wholesaling and Warehousing 3. Services: a. Banks and financial institutions b. Blueprinting and photocopying c. Business research office related to the administration and operation of a permitted industrial use d. Day care e. Newspaper publishing f. Office, business and professional g. Printing, lithographing, publishing h. Radio and television broadcasting i. Restaurants, including drive-through facilities 4. Processing: a. Carpet and rug cleaning b. Cleaning and dyeing Marana Study Session Meeting 02/09/2021 Page 239 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 120 of 128 Revised January 2018 Ord. 2017.027 c. Laundry 5. Movie, Television and Radio Studios 6. Similar Uses Permitted by Planning Administrator The Planning Administrator may permit other uses which may be determined to be similar to those listed above, and in conformity with the intent and purpose of this zone. D. Accessory Uses (Reserved) E. Conditional Uses The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code if specific conditions are imposed to carry out the purposes of this zone: 1. Bottling works 2. Machine shops 3. Manufacture of: a. Products made from pre-prepared materials including metal, plastic, wood, and ceramic b. Food products such as bakery goods, candy, and dairy products. 4. Metal plating shops 5. Public service facilities, whether public utility or government 6. Veterinary kennels and hospitals 7. Medical marijuana dispensary, subject to the requirements found in Section 08.08. 8. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). F. Temporary Uses (Reserved) G. Prohibited Uses 1. The following manufacturing uses: a. Abrasives b. Carbon black and lamp plant c. Chemical plant d. Soaps and by-products using animal fat e. Fertilizers of all types f. Glue and sizing manufacturing plant g. Graphite manufacturing plant h. Gypsum and other forms of plaster base manufacturing i. Flammable Insulation manufacturing Marana Study Session Meeting 02/09/2021 Page 240 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 121 of 128 Revised January 2018 Ord. 2017.027 j. Metals extraction and smelting k. Paraffin manufacturing l. Petroleum and petroleum products m. Tannery n. Turpentine manufacturing o. Wax and wax products p. Other similar uses as determined by the Planning Administrator 2. The following processing uses: a. Animal by-products processing b. Auto salvage yards c. Dog and cat food processing d. Fertilizers of all types e. Rubber reclaiming or processing f. Tar or asphalt roofing processing g. Other similar uses as determined by the Planning Administrator. H. Intensity Standards On any parcel of land or unit of development, the following intensity standards shall apply: 1. Building Coverage: Not more than 50% of the parcel area 2. Floor Area Ratio: 0.5 I. Site Development Standards The following standards apply in the LI zone: 1. Parcel Width: Minimum of 100 feet 2. Parcel Depth: Minimum of 200 feet 3. Setbacks: a. Adjacent to a Residential Street: Not less than 50 feet along any street facing a residential area, which shall be landscaped; except, a low profile office structure of less than 18 feet in height may encroach into the required yard no more than 25 feet and may not cover more than 25% of the required setback area b. Adjacent to a Non-Residential Arterial Street: Not less than 25 feet and at least 50% of the required setback shall be landscaped. c. Adjacent to a Local Industrial Street: Not less than 15 feet and at least 50% of the required setback shall be landscaped. Marana Study Session Meeting 02/09/2021 Page 241 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 122 of 128 Revised January 2018 Ord. 2017.027 d. Adjacent to a Residential Parcel Not Separated by a Street: Not less than 30 feet or the height of the building, whichever is greater, and the entire setback shall be landscaped. e. Adjacent to a Non-Residential Parcel Not Separated by a Street: Not less than 15 feet and the entire area shall be landscaped. 4. Building Height: Not greater than 50 feet. 5. Architecture: Architectural considerations shall include, but not be limited to, the following provisions: a. Exterior walls shall be of concrete, glass or masonry construction. b. Exterior color and materials of all buildings and block walls facing residential areas shall be harmonious with the residential development. All exterior walls must be either painted or surfaced with decorative materials. c. Lighting shall be designed not only to afford safety and security, but also to enhance the general appearance of the development. Parking lot lighting fixtures are to have a height of no greater than 16 feet. Walkway lighting fixtures are to have a height of no greater than 12 feet. Security lighting fixtures are not to project above the fascia or roof line of the building and are to be shielded from streets and other properties. Shields are to be painted to match the surface to which they are attached. Security lighting are not to be a substitute for parking lot or walkway lighting fixtures and are restricted to lighting entrances, loading and storage areas, and other similar service areas. d. Mechanical Equipment and Ductwork (1) All roof mounted equipment and/or ductwork which projects above the roof or roof parapet shall be screened by an enclosure consistent with the architecture of the building. (2) Mechanical equipment shall not be exposed on an exterior wall surface of a building. (3) Cyclone blowers shall be screened by walls, fences or landscape materials and shall be located below the fascia and/or roof line of the building. (4) Incinerators are prohibited. (5) Gutters and downspouts are to be painted to match the surface to which attached. (6) Vents, louvers, exposed flashing, tank stacks, overhead doors, and service doors are to be painted consistent with the color scheme of the building. 6. Storage: Outdoor storage of wares, merchandise, materials, equipment, crates, bottles, or similar items shall be screened on all sides by masonry fencing and solid gates. Outdoor storage areas shall be permitted only as an accessory use Marana Study Session Meeting 02/09/2021 Page 242 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 123 of 128 Revised January 2018 Ord. 2017.027 to a main building and the total area for such storage shall not exceed 20% of the floor area of any buildings on a site. 7. Refuse Containment: All outdoor trash and refuse storage areas shall be enclosed from view on all sides by a concrete block or masonry wall and a solid gate. Trash may be contained within an enclosable metal bin if screened from public view. 8. Loading Areas: Loading areas or docks shall be located in a manner that prohibits a truck from backing to such an area from any street other than a local industrial street. No loading dock shall face an arterial street or a street adjacent to a school or residential use. All loading areas shall be screened with view-obscuring landscaping and/or decorative block walls. 9. Landscaping: A minimum of 20% of the area not occupied by buildings or structures shall be landscaped. Refer to Title 17, Landscape Requirements, for further requirements. (part. Ord. No. 97.07, 3/97). Marana Study Session Meeting 02/09/2021 Page 243 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 124 of 128 Revised January 2018 Ord. 2017.027 05.12.03 HI HEAVY INDUSTRY A. Purpose. The purpose of the HI zone is to provide for those employment activities that often require outdoor activity and/or storage. It is also the purpose to provide employment opportunity. B. Permitted Uses. The following uses shall be permitted in the HI zone: 1. All uses in Sections 5.10.09, MR-1, High Intensity Residential 2. All uses in Section 5.11.04, RC, Regional Commercial 3. All uses in Section 5.12.02, LI, Light Industrial 4. MANUFACTURING a. Electronics Electrical and related parts Electrical appliances Electrical devices Motors Radio, television and phonograph b. Instruments Electronic Medical and dental tools Precision Timing and measuring c. Office and Related Machinery Audio machinery Computers - electrical Computers - manual Visual machinery d. Pharmaceutics Cosmetics Drugs Perfumes Soap Toiletries e. Laboratories Chemical Dental Electrical Optical Mechanical Medical f. Manufacture and maintenance of electrical and neon signs Novelties and holiday paraphernalia Rubber and metal stamps Furniture upholstering Candy Marana Study Session Meeting 02/09/2021 Page 244 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 125 of 128 Revised January 2018 Ord. 2017.027 g. Manufacturing, compounding, assembly or treatment of article or merchandise from the following previously prepared materials: Canvas Cellophane Cloth Cork Felt Fiber Fur Glass Leather Paper (no milling) Precious or semi-precious stones or metals Plaster Shells Textiles Tobacco Wood Yarns Fabrication of projects made from finished rubber. 5. WHOLESALING AND WAREHOUSING 6. SERVICES Banks and financial institutions Blueprinting and photocopying Business and research office related to the administration and operation of the permitted industrial uses Newspaper publishing Office, business and professional Printing, lithographing, publishing Radio and television broadcasting Restaurants, excluding drive-through facilities 7. PROCESSING Carpet and rug cleaning Cleaning and dyeing Laundry 8. MOVIE, TELEVISION AND RADIO STUDIOS 9. SIMILAR USES PERMITTED BY PLANNING ADMINISTRATOR The Planning Administrator may permit any other uses which may be determined to be similar to those listed above, in conformity with the intent and purpose of this zone. C. Accessory Uses Reserved. Marana Study Session Meeting 02/09/2021 Page 245 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 126 of 128 Revised January 2018 Ord. 2017.027 D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code: 1. Any other use which may be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety, welfare or to other uses permitted in this zone. 2. Medical marijuana dispensary, subject to the requirements found in Section 08.08. 3. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see Section 10.10, paragraph P). E. Uses Prohibited. The following uses are expressly prohibited in HI: 1. Junk or salvage yard. 2. Manufacture or storage of explosives. 3. Other comparable uses determined and found to be incompatible, harmful, undesirable, or a use which would negatively affect the environment of Marana. F. Temporary Uses (Reserved) G. Site Intensity Standards 1. Minimum Site Size: 1 acre. 2. Maximum Building Coverage: 50% of the site. 3. Maximum Floor-Area Ratio: 0.50. 4. Minimum Parcel or Pad Size: None. H. Site Development Standards The following standards shall apply to property in the HI zone: 1. Parcel Width: None. 2. Parcel Depth: None. 3. Setbacks: The following setback areas shall be provided: a. Adjacent to a Residential Street. Buildings shall be located at least 50 feet from the property line along any street facing a residential area and 50% of the setback area shall be landscaped with the exception that low profile office structures of less than 16 feet in height may encroach into the required yard no more than 35 feet and may cover not more than 40% of the required setback area. b. Adjacent to a Local Industrial Street. Along any local industrial street, buildings shall be located at least 10 feet from the property line. 50% of the required setback area shall be landscaped. Marana Study Session Meeting 02/09/2021 Page 246 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 127 of 128 Revised January 2018 Ord. 2017.027 c. Adjacent to a Residential Parcel. Along any property line adjacent to a residential area and not separated by a street, the building setback shall be 30 feet or a distance equal to the height of the building, which ever is greater. d. Adjacent to a Commercial Parcel. Along any property line adjacent to a commercial area and not separated by a street, there shall be a setback of at least 20 feet. e. Adjacent to an Industrial Parcel. Along property lines that separate industrial uses there shall be a minimum setback of 10 feet. Buildings may be constructed on a property line adjacent to an industrial site, provided that the plan for development is agreed to by the owners involved, said agreement to be approved by the Planning Administrator, and recorded as a covenant among the property owners and the Town of Marana. f. Adjacent to Flood Control Channel and Vacant Easements in excess of 50 feet wide. Along property lines adjacent to freeways, flood control channels and easements in excess of 50 feet in width, there shall be a minimum setback of 10 feet. 4. Building Height: Building height shall be no greater than 55 feet, with the exception that business and research offices and scientific laboratories needing additional office space may be permitted additional building height if the Planning Administrator deems that the proposed development enhances existing and planned development in the area. In no instance shall a building or structure exceed a height equal to the least horizontal distance between the building or structure and a property line adjacent to a residential area. 5. Lighting: Lighting shall be designed not only to afford safety and security, but shall serve to enhance the general appearance of the proposed development. Parking lot lighting fixtures are to have a height no greater than 25 feet. Walkway lighting fixtures are to have a height no greater than 16 feet. Security lighting fixtures are not to project above the fascia or roof line of the building and are to be shielded from streets and other properties. The shields shall be painted to match the surface to which attached. Security lighting fixtures are not to be substituted for parking lot or walkway lighting fixtures and are restricted to lighting of entrances, loading and storage areas, and similar service area. 6. Mechanical Equipment and Ductwork. a. All roof mounted mechanical equipment and/or ductwork, which projects above the roof or roof parapet shall be screened by an enclosure which is consistent with the architecture of the building. Screening shall be provided by increasing the height of the parapet unless the building's roof is visible from an elevated street or highway, then a decorative screen higher than the roof equipment shall be provided. The screens shall be designed so that it conforms and is compatible with the overall architecture and design of the exterior of the building. b. Mechanical equipment shall not be exposed on an exterior wall surface of a building. Marana Study Session Meeting 02/09/2021 Page 247 of 248 TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE Title 5 - Zoning Page 128 of 128 Revised January 2018 Ord. 2017.027 c. Cyclone blowers shall be screened by walls, fences or landscape materials and shall be located below the fascia and/or roof line of the building. Further, they shall not be located on the front of a building and shall be painted to match the surface to which attached. d. Incinerators are prohibited. e. Gutters and downspouts are to be painted to match the surface to which attached unless used as a major design element, in which case the color is to be consistent with the color scheme of the building. f. Vents, louvers, exposed flashing, tanks stacks, overhead doors, and service doors are to be painted consistent with the color scheme of the building. 7. Storage: The outdoor storage of wares, merchandise, materials, equipment, crates, bottles, or similar items shall be screened on all sides by solid fencing and solid gates. 8. Refuse Containment: All outdoor trash and refuse storage areas located within public view shall be enclosed from view on all sides not adjacent to a building by a solid wall or fence and solid wood gate at least 6 feet high. 9. Loading and Unloading: Loading areas or docks shall be located in a manner that prohibits a truck from backing to any street other than a local industrial street. All loading areas and loading activities shall be screened from an arterial street, school, or residential area with view-obscuring landscaping and/or decorative block walls. In addition, all loading areas or docks shall be located to minimize the interaction between these areas. 10. Landscaping: A minimum of 10% of the area not occupied by buildings or structures shall be landscaped. Landscaped areas located between a parking area or driveway and a street right-of-way shall include earth mounding. Refer to Title 17, Landscape Requirements, for further requirements. (part. Ord. No. 97.07, 3/97). I. Environmental Performance Standards. (Reserved) Marana Study Session Meeting 02/09/2021 Page 248 of 248