HomeMy WebLinkAboutResolution 2021-024 Declaring as a Public Record Amendments to the Marana Town Code, Tittle 17, Ch 17-3 MARANA RESOLUTION NO. 2021-024
RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH
THE TOWN CLERK AMENDMENTS TO THE MARANA TOWN CODE, TITLE 17
(LAND DEVELOPMENT CODE), CHAPTER 17-3 (ADMINISTRATION AND
ENFORCEMENT); REVISING PROVISIONS RELATED TO THE ISSUANCE
OF CONDITIONAL USE PERMITS, INCLUDING FINDINGS FOR APPROVAL;
REWRITING PROVISIONS REGARDING THE ISSUANCE OF TEMPORARY USE
PERMITS; ADDING PROVISIONS RELATED TO THE CLASSIFICATION AND
ENFORCEMENT OF VIOLATIONS OF TITLE 17; MODIFYING VARIOUS OTHER
PROVISIONS; AND DESIGNATING AN EFFECTIVE DATE
BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona,that
the amendments to Marana Town Code Title 17 (Land Development Code), Chapter 17-
3 (Administration and Enforcement), a copy of which is attached to and incorporated in
this resolution as Exhibit A and one paper copy and one electronic copy of which are on
file in the office of the Town Clerk, are hereby declared to be a public record and ordered
to remain on file with the Town Clerk.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Ar-
izona, this 16th day of February, 2021.
Mayor Ed Honea
ATTE APPRO ED AS TO FORM:
A.
Or' 'Ate"' / Y/i-r
Cherry Law on, Town Clerk J.,' Fairall, Town Attorney
MARANA AZ
E aTA( L SHED 1977
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Resolution No.2021-024 - 1 -
EXHIBIT A TO MARANA RESOLUTION NO. 2021-024
Revisions to Marana Town Code, Title 17(Land Development Code), Chapter 17-3
(Administration and Enforcement)pursuant to Marana Ordinance No. 2021.003
SECTION 1.Section 17-3-1 of the Marana Town Code is hereby revised as follows (with
additions shown with double underlining and deletions shown with strikeouts):
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 thcrcforfor 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 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.
[Subparagraphs 2 through 5 remain unchanged]
SECTION 2.Section 17-3-2 of the Marana Town Code is hereby revised as follows (with
additions shown with double underlining, deletions shown with strikeouts):
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 adjeinifignearby 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:
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EXHIBIT A TO MARANA RESOLUTION NO. 2021-024
Revisions to Marana Town Code, Title 17(Land Development Code), Chapter 17-3
(Administration and Enforcement)pursuant to Marana Ordinance No. 2021.003
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.
A
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. An additional information re.uired b the •lannin• 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:
1.wilWill not adversely affect the orderly development efand improvement
of surrounding property for uses permitted within the townzoning
district;
2• - .- - • - - -- - - - - ill not be injurious to the use
and enjoyment of the proger_ty e immediate vicinity for the purposes
alread •ermitted nor substantiall diminish or im air the property
values andwithin the protection ofneighborhood;
4:3. Will not adversely affect the tax base and other substantial revenue
sources within the town;
4. is consistent with Conforms to the objectives,policies, general land uses
air
_• - • - .• .ncc or enforcement problcmcharacter of the
neighborhood,within the neighborhood;
. _ -- _ . .;- - - ;'-. _ _. --- -same zoning district, in
which it is located, giving consideration to the neighborhoedl
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EXHIBIT A TO MARANA RESOLUTION NO. 2021-024
Revisions to Marana Town Code, Title 17(Land Development Code), Chapter 17-3
(Administration and Enforcement)pursuant to Marana Ordinance No. 2021.003
8. will not create a demander public services within thea beyond that
of the abilitylocation, type, and height of the town to meet inbuildings or
structures and the light of taxationt e and spending restraints imposed
by law;
9. is consistent with the tun's approved funding prioritics;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 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 ade.uate utilities access roads draina•e fire •rotection and
other necessary facilities;and
10. Benefits the •ublic interest and welfare to an extent sufficient to outwei•h
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
•lannin• commission shall make factual findin.s on the •ublic 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. 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
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EXHIBIT A TO MARANA RESOLUTION NO. 2021-024
Revisions to Marana Town Code, Title 17(Land Development Code), Chapter 17-3
(Administration and Enforcement)pursuant to Marana Ordinance No. 2021.003
the use to continue to adequately mitigate impacts to the surrounding area
or the town as a whole.
[Paragraph F remains unchanged]
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 findings for use permits as provided in this section.
[Paragraphs H through I remain unchanged]
J. Extension of initial period for use. Upon a showing of good cause, the
planning director may, after notice to the planning commission, extend the
period for initially exercising the permit for a maximum of one additional
year.
[Paragraph K remains unchanged]
L. Revocation.Failure to comply with the conditions,stipulations or terms of the
approval of a conditional use permit is a violation of this code and will be
enforced as such. Repeated offenses shall be cause for revocation of the
permit.
[Paragraphs M through N remain unchanged]
0. Status of the conditional use permit. A use permit granted pursuant to the
provisions ifof 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
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EXHIBIT A TO MARANA RESOLUTION NO. 2021-024
Revisions to Marana Town Code, Title 17(Land Development Code), Chapter 17-3
(Administration and Enforcement)pursuant to Marana Ordinance No. 2021.003
county immediately before annexation upon translation of county zoning
to the most closely comparable town of Marana zoning classification.
2. Applicability. The special procedures and authority set forth in this
paragraph P apply only to the translation of county zoning to town of
Marana zoning upon annexation of property.
3. Procedure. Except as specifically set forth below, paragraphs A through
C, I through K, and 0 A (purpose) through G appeal procedure and I
(exercise and use) through K (expiration upon discontinuanceLof 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
. • - . , H (modification of conditional
usepitserm , L (revocation) M (grounds for revocation),and N (status
of conditional use permit) 0 (status of the conditional use permit) shall
apply to conditional uses permitted by the council upon annexation
pursuant to this paragraph P.
SECTION 3.Section 17-3-3 of the Marana Town Code is hereby revised as follows (with
additions shown with double underlining and deletions shown with Gtrikeouts):
17-3-3 Temporary use permit
may be permitted provided:
. -- -- - - -- - - .. . y use or structure has arisen from
circumstances const4tuting a substantial -hardship, including but not
• - - • - - -• . - , • - . - ernmental action, or construction
3. That any temporary use per-mimed mast be capable of being removed
within 15 days' notice if the temporary permit is revoked.
- -- - - -- - - .se shall not be granted for more than nine months
- - . • - - • • - -• •.-. one y ar period may be granted for good
cause shown.
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EXHIBIT A TO MARANA RESOLUTION NO. 2021-024
Revisions to Marana Town Code, Title 17(Land Development Code), Chapter 17-3
(Administration and Enforcement)pursuant to Marana Ordinance No. 2021.003
• - • -- = - - -• - = - - previsions of the mutual consent agreement.
B. The council may appr-eve an application with such conditions, modifications
= =- ' = - .• - - - - • - .-, - ; :- s and to carry out the plans and
policies of the town.
A. Pur.ose. The tem.orar use .ermit is for the followin uses and is allowed
only in the zoning districts indicated:
L 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 sin•le-family dwelling in a temporary structure in an zonin• district.
3. A donation bin located in a neighborhood commercial, village
commercial li•ht industrial or heav industr zonin• district.
4. Tem.orar retail located in an a• icultural multi-famil residential
resort and recreation, neighborhood commercial, village commercial,
light industrial,or heavyy industry zoning district.
B. Application procedures.
1. A tern.orar use .ermit a. .lication shall include a descri•tion 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
a. .licant with an ex planation of the reasons it is incom•lete.
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 modif an
application for a temporary use permit unless the use meets the findin_s
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.
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.
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EXHIBIT A TO MARANA RESOLUTION NO. 2021-024
Revisions to Marana Town Code, Title 17(Land Development Code), Chapter 17-3
(Administration and Enforcement)pursuant to Marana Ordinance No. 2021.003
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 surroundin. .r..ertie •artic larl traffic
generated by the use and traffic circulation in the area.
4. Parking and access.
a. Ade•uate off-stre-t •arkin. in accordance with this code shall be
provided to serve the use.
L 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. Pro.er line setbacks.S•uctur-s and m-rchandise dis.la s shall corn.1
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 plannin. 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.
L Shall not exceed four consecutive months per calendar year.
ii. The buildin. or •is•la sooth must b- sortable and com•letel
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
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EXHIBIT A TO MARANA RESOLUTION NO. 2021-024
Revisions to Marana Town Code, Title 17(Land Development Code), Chapter 17-3
(Administration and Enforcement)pursuant to Marana Ordinance No. 2021.003
stand,motor vehicle,or person.
ii. Shall not exceed four consecutive months.
2. Real estate development and construction-related temporar 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
occurrin• and shall be occu•ie• and use. onl b the .ro.er
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. Stele 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
ma be allowed on the same .ro.er to b- used as a tem.orar
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 buildin• .ermit ins.ection or the final certificate of occu.anc .
3. Donation bins.
a. Permitted only as an accessory use, on the same lot or in the same
commercial center as an existing permitted use.
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EXHIBIT A TO MARANA RESOLUTION NO. 2021-024
Revisions to Marana Town Code, Title 17(Land Development Code), Chapter 17-3
(Administration and Enforcement)pursuant to Marana Ordinance No. 2021.003
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.
&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 bins 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
minimum of 500 feet from any other donation bin.
Each donation bin shall be clearly marked as follows:
L 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.
E. A. .eal. U.on receivin• n. ication of the . . •royal or denial of . tem.srar
use .ermit the a. .licant or an .ar a ieved b the decision ma file an
appeal to the board of adjustment.
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EXHIBIT A TO MARANA RESOLUTION NO. 2021-024
Revisions to Marana Town Code, Title 17(Land Development Code), Chapter 17-3
(Administration and Enforcement)pursuant to Marana Ordinance No. 2021.003
SECTION 4. New section 17-3-5 entitled "Classification; enforcement; continuing
violations" is hereby added to the Marana Town Code as follows, and the sections that follow
are renumbered to conform:
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.
SECTION 5. Existing section 17-3-5 (renumbered as section 17-3-6 by section 4 of this
ordinance) of the Marana Town Code,is hereby revised as follows (with additions shown with
double underlining and deletions shown with strikeouts):
17 3 517-3-6 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 ordinancetitle.
SECTION 6. Existing section 17-3-6 (renumbered as section 17-3-7 by section 4 of this
ordinance) of the Marana Town Code,is hereby revised as follows (with additions shown with
double underlining and deletions shown with ctrikcout5):
173-617-3-7 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.
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