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HomeMy WebLinkAbout03/20/2007 Blue Sheet Land Development Code Commercial Design Standards TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: March 20, 2007 AGENDA ITEM: JA TO: MAYOR AND COUNCIL FROM: Kevin Kish, AICP AGENDA TITLE: PUBLIC HEARING. Ordinance No. 2007.07: Relating to Land Development; Adopting Commercial Design Standards Title 8, and amending Title 3, Definitions, of the Land Development Code DISCUSSION At the September 2004 Council/management retreat, the Town Council identified commercial design standards, along with residential design standards, as a high priority project for the Planning Department with residential design taking the higher priority. The Council approved funding for a complete rewriting of the Land Development Code, which is ongoing. The Town contracted with Clarion Associates of Denver for this project in January 2006, placing commercial design standards as a priority project for adoption before the completion of the entire code. Accordingly, the new standards would become a new section of Title 8, General Development Regulations, and amend Title 3, Definitions. Clarion crafted an initial set of draft commercial design standards that respond to the concerns voiced during their interview process. Staff received an initial draft in March and returned comments and suggestions to Clarion and received a revised draft in early May. After presenting the draft as an informational item to the Mayor and Council May 9, staff circulated the draft to a number of interested parties, including some of the development firms who will soon be submitting projects for review, as well as other groups such as the Marana Chamber of Commerce. Staff also presented the draft to a meeting of the economic development committee of the Chamber in June. The Planning Commission held a public hearing on this matter July 26, 2006 and unanimously recommended approval. This item was presented to the Council on September 19,2006 and continued to an unspecified date. Staff has further refined the proposed commercial design standards addressing additional comments received from internal staff, as well as the commercial development communities. Intent The intent of the commercial design standards is similar to that of the residential design standards: to establish a set of clear, enforceable yet flexible standards that are applicable to all pertinent development without the need to use the specific plan process. With the code rewrite, we hope to have in place usable commercial zoning districts that offer the needed flexibility but 032007 PCM-05164 Commercial Design Standards TC also achieve attractive, successful development. With standardizing the commercial zones, enforcement and future redevelopment will be more streamlined for the Town, and lead to a more predictable process for the developer. Specifically, the commercial design standards are intended to: 1. Encourage consistency in the quality of commercial development within the Town; 2. Establish a set of baseline review criteria for commercial projects (both new development and renovation of existing centers) that provide consistency for town staff, elected officials, and the development community; 3. Foster a more creative approach to commercial development in the Town; 4. Serve as the foundation for the development of future commercially-oriented specific plans; 5. Assure the fair and consistent application of the Town's design objectives for commercial projects; and 6. Ensure that commercial development is functional and safe. Applicability The new standards will apply to all new commercial development. In addition, they will apply to redevelopment of an existing center where all or most of the existing structure would be razed and new structures built. Also, they will apply to situations similar to other nonconformities, where an addition is greater than fifty percent of the total square footage of the existing principal structure or exceeds fifty percent of the current appraised value. The standards would not apply to routine maintenance and repair. General Desie:n Principles The design standards are organized around site planning and building design. Site planning includes the overall site layout and building orientation, including the relationship of buildings to one another, which is new to the LDC. The standards expand upon existing circulation, vehicular and pedestrian access, landscaping and screening requirements. Building design includes architectural character, including requiring a unified design concept and four-sided design, and provides special consideration to buildings visible from 1-10. The standards address other concerns, such as massing-especially with respect to very large commercial structures (big box) and long expanses of store fronts. By identifying materials and colors specific to the Sonoran Desert, as well as addressing massing and scale, the standards are not intended to impose a specific architectural style; rather, they offer guidance to achieving commercial development with a local sensibility. A TT ACHMENTS Commercial Design Standards. 032007 PCM-05/64 Commercial Design Standards TC -2- RECOMMENDATION Staff recommends approval. SUGGESTED MOTION I move to adopt Ordinance Number 2007.07. 032007 PCM-05l64 Commercial Design Standards TC -3- MARANA ORDINANCE NO. 2007.07 RELATING TO LAND DEVELOPMENT; ADOPTING COMMERCIAL DESIGN STANDARDS TITLE 8; AND AMENDING TITLE 3, DEFINITIONS OF THE LAND DEVELOPMENT CODE WHEREAS, the Marana Land Development Code (the "Code") was adopted by the Mayor and Council ofthe Town of Marana on May 14, 1984 by Ordinance No. 84.04; and WHEREAS, the Mayor and Council have amended the Code from time to time; and WHEREAS, the Code contains Title 8 General Development Regulations, which regulate the development ofland in the Town of Marana; and Title 3, Definitions; and WHEREAS, the Marana Planning Commission held a public hearing on a request to amend Title 8 and Title 3 of the Code on July 26,2006 to consider comments from Town staff and the public on the proposed amendments; and WHEREAS, the Town Council held a public hearing on a request to amend Title 8 and Title 3 of the Code on March 20,2007; and WHEREAS, the Mayor and Council find that approval of the proposed amendments is in the best interest of the residents and businesses of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Maran a, as follows: SECTION 1. Title 8, General Development Regulations, of the Town of Marana Land Development Code is hereby amended by adding Section 08.07.01 through 08.07.03, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, having been made a public record by and attached as Exhibit A to Resolution No. 2007-42; and Title 3, Definitions, ofthe Town of Marana Land Development Code, is hereby amended by incorporating the definitions contained in Section 08.07.04, three copies of which are on file in the office of the Town Clerk ofthe Town of Marana, Arizona, having been made a public record by and attached as Exhibit B to Resolution No. 2007-42. SECTION 2. The adoption of this ordinance shall have the effect of invalidating that portion of all previous versions of the Land Development Code. SECTION 3. In the event that any provision, or any portion of any provision, of this ordinance or application thereof, is held invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall have no effect on the remaining portion of any provision or any other provision, or their application, which can be given effect without the invalid provision or application and to this end the provision of this ordinance shall be deemed to be severable. SECTION 4. This ordinance shall be effective on the thirty-first day after its adoption. PASSED AND ADOPTED by the Town Council, Town of Marana, Arizona, this 20th day of March, 2007. Mayor Date ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney TOWN OF MARANA ARIZONA lAND DEVFJDPMENT CODE TITLE 8 GENERAL DEVELOPMENT REGULATIONS SECTIONS: 08.01 08.02 08.03 08.04 08.05 08.06 08.07 Building Permits Required, Procedure Therefore (Reserved) Adoption of the Uniform Building, Plumbing, and Electrical Codes, with Exceptions Animal Keeping and Related Structures Building Height Increase Residential Design Commercial Desion Standards 08.01. Building Permits Required, Procedure Therefore Any person, partnership, firm, or corporation desiring to construct, erect, or move, any residential building or mobile home or associated outbuilding where such building or mobile home contains more than one hundred twenty (120) square feet under roof, or desiring to enlarge or substantially modify any residential building or mobile home where such work will involve an area of more than one hundred twenty (120) square feet under roof, shall first make application for a building permit to the Town Clerk and shall not commence any such construction without first obtaining a building permit from the Town. All applications for a building permit shall be accompanied by plans which have been drawn to scale and which show the actual dimension of the lot to be built upon, the size and location of existing buildings, if any, the building to be erected, enlarged, modified, or moved, the location and layout of said structures with respect to front, rear, and side property lines, and the location and layout of proposed off-street parking areas. Even when a building permit is not required, any person, partnership, firm or corporation constructing, erecting, enlarging, moving, or substantially modifying any residential building or mobile home, or associated outbuilding, shall be responsible for compliance with all other provisions of this development code. Any person, firm, or corporation desiring to erect, construct, enlarge, move, or substantially modify any commercial, industrial, quasi-public, or public building or structure shall first make application to the Town Clerk for a separate building permit for each such building or structure and shall not undertake any such construction, enlargement, or movement without first obtaining a building permit from the Town. Each application for a building permit shall be accompanies by plans which have been drawn to scale and which show the actual dimensions of the lot to built upon, the size and location of existing buildings, if any, the buildings to be erected, the location of the proposed off-street parking. Plans submitted for new construction or enlargement shall provide sufficient details of proposed structural features, and electrical, plumbing, and mechanical installations to permit evaluation of their adequacy by the Town Building Inspector. . The term, "substantially modify" shall be taken to mean the installation or removal of any interior or exterior wall or the addition or replacement of an amount of electrical wiring or plumbing equal to twenty-five (25) percent or more of such installation in the modified building or structure. Iitk..8 - General Development Regulations ~1...uL50 (Rcvi~c,)' O3/07..L._______________________ . Or,) 2007 07 TOWN OF MARANA ARIZONA LAND DEVELOPMENT CODE 08.07.03 Commercial Design Standards A. Site Plannina 1. Site Lavout and Buildina Orientation a) Intent 1. To ensure that the oraanization of commercial centers helos to define orimarv street frontaaes and develooment entrances. and to establish a more comoact. oedestrian-friendlv oattem of develooment. 2. To encouraae a less enaineered. more naturalized aooroach to the treatment of washes. drainaae basins. and other natural features in commercial develooments. b) Desion Standards (1) General (a) Commercial buildinas should be oriented with the crimarv buildina entrance facina the orimarv oublic street. unless toooaraohical or other site features make such orientation infeasible. (b) The lavout of larae. commercial develooments shall be desianed to break the site into a series of smaller "blocks" defined bv Dad site buildinas. oedestrian walkwavs. streets or other vehicular circulation routes. (2) Buildina Re/ationshiDs and Orientation: (a) Buildinas within multi-buildina centers shall be arranaed and arouoed so that their orimarv orientation comolements one another and adiacent. existina develooment and either: (i) Frames the comer of an adiacent street intersection or entrv ooint to the develooment: (ii) Frames and encloses a "main street" oedestrian and/or vehicle access corridor within the develooment site: (iii) Frames and encloses on at least two sides oarkina areas. oublic soaces. or other site amenities: or Buildings arranged to enclose a "main street"pedestrian and vehicle .'orridor Ivi/hin one area of a lar;ger center. (Revised' 03/07) _ Title 8 - General Development Rep-ulations ~30..uL50 (lrd 2007 07 TOWN OF MARANA ARIZONA LAND DEVEI.oPMENT CODE (iv) Frames and encloses outdoor dinina or aatherina soaces for oedestrians between buildinas. (3) Washes/Natural Features (a) To the maximum extent oracticable. washes with sianificant aualitv veaetation or other sianificant natural features shall be incoroorated into the overall desian and lavout of a develooment as visual and functional amenities l e.a.. naturalized drainaaes. oedestrian connections). rather than beina oioed and olaced underaround. 2. Circulation and Access a) Intent 1. To orovide safe. efficient. and convenient vehicular and oedestrian access and circulation oattems within and between develooments: 2. To oreserve the efficiencv of arterial roadwavs as additional develooment occurs: .and 3. To ensure that service areas ldeliverv. trash. and loadina facilities) are located and sized so as to function without imoedina reaular vehicular and oedestrian circulation and access routes. b) Desian Standards (1) Preliminarv Site Plan Reauirements (a) In addition to site olan reauirements outlined in the Land Oevelooment Code. the followina shall be illustrated: (i) Vehicular circulation and access: (ii) Pedestrian circulation and access. includina location and treatment of entrances from the adiacent roadwavs: (iii) Stackina caoacitv of drive-thru lanes: (iv) Location and access to trash receotacles: (v) Loadina and deliverv circulation and access: and (vi) Buildina lavout and orientation. Title 8 - General DeveloDment Ref"ulatiQllS ~3LQL50 (Revised. 03/07) Ord 2007 07 TOWN OF MARAN A ARIZONA I.AND DEVELOPMENT CODE (2) Vehicular Circulation and Access (a) Vehicular connections shall be orovided from a develooment site to adioinina roadwavs or circulation routes on adiacent orooerties to allow convenient access to multi ole businesses and to helD reduce the overall number of access ooints on arterial roadwavs. (b) Circulation oatterns for drive-thru facilities shall be desianed to accommodate the stackina of vehicles without interferina with the movement of vehicles or oedestrians on orimarv circulator routes. (c) To the maximum extent oracticable. drive aisles shall utilize a two-wav traffic circulation oattern unless buildinas are confiaured in a "Main Street" oattern that can efficientlv accommodate on-street oarkina. a one-wav traffic flow. or other alternative circulation oattern (d) The oreferred oarkina desian shall be gO-dearee oarkina stalls. with two wav traffic. (3) Loadina. Trash Recentac/e. and Deliverv Area Circulation and Access (b) Develooments that include fuel disoensina facilities shall delineate the deliverv vehicle radius to safelv deliver the fuel without conflictina with the ooeration of the facilities. . (c) On smaller sites. where seoarate facilities mav not be feasible le.a.. aas station). a Circulation and Access Plan must demonstrate that loadina and unloadina of aoods and trash receotacles mav be accomolished without disruotina orimarv vehicular access and circulation. (4) Pedestrian Circulation and Access (a) All sidewalks and oedestrian walkwavs shall be a minimum of 6 A contintlotls network of on-site pedestrian walkwqys shall be prollided to allow for dired a.-cess and amnedions between on-site tlses, as well as connedions to adjoinin.1!. sites. (Revised' 03/07\ Tide 8 - General Develonment Rep'ulations ~32-1lL50 Oed 2007 07 TOWN OF MARANA ARIZONA I.AND DEVE! .oPMENT CODE feet in width. Where sidewalks are adiacent to oarkina overhanas a minimum of 8 feet is reauired. (b) A continuous network of on-site oedestrian walkwavs shall be orovided to allow for direct access and connections to and between the followina: (i) The orimarv entrance or entrances to each commercial buildina on the site. includina Dad site buildinas: (ii) Anv sidewalks or walkwavs on adiacent orooerties that extend to the boundaries shared with the commercial develooment: (iii) Public sidewalk alona the oerimeter streets adiacent to the commercial develooment: (iv) Where oracticable and aoorooriate. adiacent land uses and develooments. includina but not limited to adiacent residential develooments. retail shoooina centers. office buildinas. or restaurants: and. (v) Where oracticable and aoorooriate. anv adiacent oublic Dark. areenwav. or other oublic or civic use includina but not limited to: schools. olaces of worshio. oublic recreational facilities. or aovernment offices. (c) On-site oedestrian walkwavs shall not "dead-end" without a loaical connection. (d) At each ooint that a desianated on-site oedestrian walkwav crosses a oarkina lot. street. or drivewav. the walkwav shall be c1earlv visible to oedestrians and motorists throuah the use of two or more of the followina delineation methods: (i) A chanae in Davina material or Davina color: (ii) A chanae in Davina heiaht: (iii) Decorative bollards: (iv) A oainted crosswalk: (v) Sianaae: or (vi) A raised median walkwav buffered bv landscaoina. Tide 8 - General Develonment Regulations ~33-.UL50 (Revis,'d' 03/07) Onl 2007 07 TOWN OF MARANA ARIZONA I.AND DEVEI DPMENT CODE 3. Pedestrian Amenities and Refuae Areas a) Intent 1. To orovide oooortunities for outdoor oatio dinina. olazas. and other outdoor aatherina soaces that encouraae oedestrian actiVitv within commercial develooments. 2. To orovide oooortunities for oedestrians to seek refuae from the harsh desert elements. 3. To orovide convenient "comfort stations" in lame commercial develooments. b) Desion Standards (1) Outdoor Gatherina SDaces (a) The incorcoration of olazas. Docket oarks. oatio dinina soaces. and other outdoor aatherina soaces is stronalv encouraaed for all commercial develooment. oarticularlv in lame. multi-buildina develooments. (b) Develooments that incorcorate outdoor aatherina soaces shall be eliaible for the followina incentives: (i) For each 2.000 sauare feet of dedicated outdoor dinina soace. a 2- foot reduction in the reauired oerimeter landscaoe buffer mav be aranted: (ii) For each 8.000 sauare feet of dedicated olaza. oocket Dark or similar outdoor aatherina soace. a 5 foot reduction in oerimeter landscaoe buffer mav be aranted. (c) Incentives shall be evaluated in coniunction with oarkina lot screenina alternatives to evaluate eliaible level of credit. The followina limitations shall aoolv: (i) Cumulative credits shall not exceed a 10-foot reduction in the reauired oerimeter buffer or reduce the buffer to less than Attradiz1e otltdoor gathering spaces tlsed as focal points jor ,'ommmial development-provide dining space, seating, shade, and entertainment. (Revised- 03/07) Tide 8 - General Develonment ReP'Ulations ~34"u(50 Ord 2007 07 TOWN OF MARANA ARIZONA I.AND DEVRIDPMENT CODE I (Revised. 03/07) 50-oercent of the reauired buffer: (ii) Reductions may not be aranted where the reduction in oerimeter landscaoe buffer would occur adiacent to a seoarate residential area. (d) Outdoor aatherina soaces shall be intearated as oart of the overall desian of the center and shall be located within close oroximitv of anchor tenants. transit stoos (if aoolicable t or attached to the buildina that they are intended to serve. (e) Sinale-tenant or in-line centers with a limited site area shall incorcorate outdoor aatherina soaces bv exoandina oedestrian walkwavs alona the front or side of the buildina. to the maximum extent oracticable. A minimum of 4 feet in deoth shall be dedicated for the outdoor aatherina soace to maintain clear circulation for oass- throuah oedestrian traffic. (f) Outdoor aatherina soaces shall incorcorate a variety of oedestrian-scaled features such as: (i) Bollards; (ii) Tables and chairs: (iii) Benches: (iv) Seat walls and/or raised landscaoe olanters: (v) Shade trees: Creative use of sidewalk in front of an in-line IYJmmenial center to provide protected outdoor dining space with limited space. (vi) "Comfort Station" (restroomst trash receotacles: (vii)Pots or hanaina baskets filled with seasonal olant material: (viii) Information kiosks or sianaae: and (ix) Sculotures or other oublic art features. (9) Shade structures (either freestandina or intearated with the buildina wall) shall be intearated with outdoor aatherina soaces. oarticularlv those with western or southern exoosures. Tide 8 - General Develonment Repulations ~35-DL50 Ofd 2007 07 TOWN OF MARANA ARIZONA I.AND DEVEIDPMENT CODE (h) Outdoor aatherina soaces shall have direct access to the sidewalk and oedestrian walkwav network. (2) Pedestrian Refuae Areas (a) To the maximum extent oracticable. orimarv oedestrian circulation routes shall be anchored bv soecial desian features that establish them as oedestrian refuae areas-or areas where oedestrians are ohvsicallv seoarated from the flow of vehicular traffic and/or are orotected from the desert elements. Aoorooriate desian features mav include. but shall not. be limited to the followina: (i) Arcades. oorticos. shade trees or other shade structures: (ii) Pedestrian Haht features and information kiosks. (iii) Sollards, (iv) Seat walls or benches: (v) Landscaoe olanters. and (vi) Other urban desian elements. includina oubHc art. (b) Desian features used to create oedestrian refuae areas shall be constructed of materials that are similar in aualitv and consistent with the overall architectural character of the center. 4. Cart Storaae Areas Major primal)' pedestrian drmlation routes dearlY delineated through the use rif landsmping and shade strul'tures. a) Intent 1. To ensure that cart storaae areas are located and desianed so as to minimize conflicts with orimarv drive aisles. oarkina areas. and oedestrian walkwavs. 2. To ensure that the aooearance of cart storaae areas is consistent with the overall theme of the develooment in tenns of their materials. color. and desian character. I {R.eri:;ed' 03 / 07) Tide 8 - General Develonment Regulations ~36...Q[50 (}rd 2007 07 TOWN OF MARAN A ARIZONA LAND DEVE! .oPMENT CODE 3. Shoooina cart corrals shall be distributed thouah-out the develooment to orovide reasonable access for the customers. b) Desion Standards (1) Cart Storaae Areas (a) Where retail tenants are orovidina shoooina carts for the customers. lona- term shoooina cart storaae areas shall be orovided within or adiacent to tenant soace and shall be located behind a decorative screenina wall that is at least as hiah as the heiaht of the carts. (b) Shoooina cart corrals that orovide short-term storaae shall be desianed with durable materials and desian features that comolement the architectural character of the center. (c) Shoooina cart corrals and storaae areas shall be located so as not to encroach uoon vehicular and oedestrian circulation oatterns. 5. Sianaae a) lntent 1. To ensure that sianaae for multi-tenant. or chased commercial develooments is consistent with the overall character of the develooment in terms of its materials. desian features. and scale: and 2. To reduce the visual clutter created when numerous sians are olaced alona arterial roadways. b) Desion Standards (a) A Planned Sian Proaram shall be reviewed and acceoted for all multi- tenant commercial develooments orior to final aooroval. Sianaae Plans shall orovide soecifications on sian: (i) ~ (ii) Materials: (iii) Heiaht: and (iv) Location. (b) On-site sians shall incorcorate desian elements that are consistent with each other and with the overall architectural character of the develooment. in terms of their materials. heiaht. and letterina stvle. to reinforce the visual continuity of each center. Tide 8 - General Develonment Repulations ~37 -DL50 . (Revi<ed- 03/07\ Ord 2007 07 TOWN OF MARANA ARIZONA LAND DEVELOPMENT CODE 6. LandscaDina a) Intent 1. To visuallv soften and unifv the aooearance of commercial develooments: 2. To define maior entrvwavs. circulation (both vehicular and oedestrian) and oarkina oattems to helD buffer less intensive adiacent land uses: and 3. To intearate the maaed and colorful landscaoe character of the Sonoran Desert into the town's commercial develooments. b) Desion Standards (1) General (a) Alllandscaoe olans shall meet the town's adooted landscaoe reauirements as contained in the Land Develooment Code in addition to the standards contained in these commercial develooment standards. Where conflicts arise between the two. this chaoter shall take orecedence. Landsmpe plans sbould integrate tbe mgged and coloiful landsmpe cbaracter if tbe S onoran Desert. (b) All trees and olants shall meet Arizona Nurservmen's Association minimum auidelines as to calioer and heiaht and the Town of Marana's aooroved olant list. (c) Water conservation should be an imoortant criterion for olant material selection. Low-water olants that reflect and enhance the imaae of Sonoran Desert landscaoe shall be used. (d) Alllandscaoed areas shall be irriaated usina an underaround drio irriaation svstem. Alllandscaoina shall be irriaated from a secondarv. non-ootable water source where available. (e) Trees within landscaoed areas should be sited and soaced to avoid conflicts with overhead liaht fixtures. (f) Landscaoe olans shall be coordinated with above-and below-around utilities to avoid irresolvable conflicts at the time of installation. Tide 8 - General Develonment Rerulations ~38-DL50 . (Revised' 03/07) ()[(I 2007 07 TOWN OF MARANA ARIZONA LAND DEVELOPMENT CODE (2) Interior Parkina Lot Landscaoina (a) Parkina lots shall devote a minimum of 15 oercent of the aross oarkina area includina alllandscaoed areas within 5-feet of the oerimeter of the oarkina area. (b) Landscaoe islands shall be a minimum of 6 feet in order to orotect olant materials from car overhanas and oedestrian traffic. ( c) Plant materials selected for use at the oerimeter of landscaoe islands shall be limited to around covers or other low-arowina soecies that are caoable of withstandina reaular foot trafk A minimum of 15 percent ~r parking lots with 30 or more spam" shall be devoted to interior parking lot lands.-aping. (d) Alllandscaoe islands shall be delineated usina a 6-inch vertical curb. The use of wheel stoos as a means of orotectina landscaoe islands from vehicular contact and oedestrian traffic is ineffective and shall not be oermitted as the sole orotective device. (3) Perimeter Landscaoina acceotable desian uo to fiftv oercent mav be located in the riaht-of-wav. (b) The oerimeter of all oarkina lots shall be screened from adiacent streets. oedestrian circulation svstems. oublic ooen soace. and other adiacent uses throuah the use of the reauired minimum landscaoe buffer above. or throuah the use of one of the followina in combination with a reduced landscaoe buffer: (i) A masonrv wall not less than 3 Y:z feet in heiaht in combination with a 15-foot landscaoe buffer: Traditional perimeter landscape btiffer with pedestrian walkwqy. Perimeter buffers mqy ve1J' in width and treatment, depending upon jite conditions and the type and quantify of outdoor gathering spa.-es that are provided within the .-enter. (RCViSl.d- 03/ill'l- Title 8- General Develonment ReP'Ulations ~39-DL50 Ord 2007 07 TOWN OF MARANA ARIZONA LAND DEVF1DPMENT CODE I (Revised. 03/07) (ii) A landscaoed berm contained within a 17-foot landscaoe buffer: (iii) A formal hedae a minimum of 3 ~ feet in heiaht. consistina of a double row of shrubs olanted 3 feet on center in a trianaular oattern contained within a 17 -foot landscaoe buffer: or (iv) A formal hedae a minimum of 3 ~ feet in heiaht. consistina of a double row of shrubs olanted 3 feet on center in a trianaular oattern in combination with a 10 foot landscaoe buffer and masonrY retainina wall where a sianificant variation in arade exists. (c) All buffers shall contain the followina minimum olant materials for each 1500 sauare feet or fraction thereof: Six 15-aallon trees. fifteen 1-aallon shrubs and ten 1-aallon around cover olants (d) Screen walls and landscaoina shall be sited so as not to block the siaht lines of vehicular circulation routes as they enter. exit or oass throuah the site. (e) A minimum landscaoe buffer of 20 feet shall be orovided adiacent to the Interstate Hiahwav10 riaht-of-wav. No reduction is allowed. (4) Entrvwavs (a) Commercial oroiects that are 10 acres or lamer in size shall incorcorate orominent focal ooints at maior entrances to the center. Focal ooints shall be created throuah the use of: (i) Gatewav monuments. (ii) Sculoture or other oubHc art elements. (iii) Intense concentrations of vertical landscaoe forms or seasonal color. (iv) Distinctive landforms. (v) Monument sianaae. or (vi) Other features as aoorooriate to define entrances as visual aatewavs to the develooment. (b) Commercial oroiects that are 15 acres or lamer in size shall incorcerate a landscaoed median at maior entrances to seoarate inmess and emess lanes and to Tide 8 - General Develonment Reyulations ~40J1L50 Commercial projeds that are 10 acres or larger in size shall incorporate 10ml points, such as this Sl"ulpture and tree line, at mqjor entrances to the anter. Ord 200707 TOWN OF MARANA ARIZONA LAND DEVELOPMENT CODE enhance the aooearance of the oroiect aatewav. . (c) All entrvwav focal ooints and landscaoed medians shall be comoatible with reauired site visibilitv trianales. as contained in the Land Develooment Code. 7. Fencina and Walls a) Intent 1. To oremote visuallv interestina and attractive streetscaoes alona the town's arterials: 2. To encouraae creativitv in the desian offencina and walls: 3. To ensure that fencina and walls are consistent with the character of the develooment thev serve: 4. To oroted views from Interstate-10. b) Desion Standards (1) General (a) Colors. materials. and forms used for fences and walls shall comolement the architectural character of the orimarv buildina or overall develooment. (b) The maximum lenath of continuous. unbroken fence or wall Diane shall be 20 feet. Walls shall be articulated usina a combination of the followina to break uo the lenath of lonaer soans: (i) Decorative columns: (ii) Diversitv in texture and/or materials: (iii) Offsets: (iv) Landscaoe Dockets: or (v) Seroentine desian: or (vi) Similar features. (c) Screen walls located alona a orimarv street frontaae or that are visible from Interstate-10 shall orovide a hiaher level of desian detail for visual interest. (d) The use of chain link fencina or exoosed cinder block walls is not oermitted. I (Revised' 03/07) Title 8 - General Develonment -Regulations ~4LQL50 ()ni 2007 07 TOWN OF MARAN A ARIZONA I.AND DEVELOPMENT CODE B. Buildino Desion and Character 1. Architectural Character a) Intent 1. To encouraae commercial develooment to incoroorate desian features that are uniaue to each center or develooment. vet that are evocative of Marana's farmina and ranchina heritaae or its Sonoran Desert context. 2. To achieve a unified aooearance for multi- buildina or ohased commercial develooments throuah the use of comoatible materials. colors. and architectural character as thev build out over time; 3. To ensure buildina materials used for commercial develooments are durable and have low maintenance reauirements when used in a desert environment. b) Desion Standards (1) Unified Theme (a) The architectural desian of buildinas within a commercial center. includina freestandina oad buildinas. shall orovide comolimentarv architectural stvles in terms of the character. materials. texture. color. and scale used on the buildinas. Buildings within a commercial..enter shall be organized around a l'Onsistmt ar..hite..tural theme in terms of the tharai1er, materia/J', texture, t'olor, and smle uJ'ed on the buildin.l!.s. (b) Buildinas shall include features tvoical of Marana's farmina and ranchina heritaae or desert context. such as. but not limited to: (i) Architectural shade devices: (ii) Low-sluna buildinas with a strona. horizontal orientation: (Hi) Deeolv recessed windows: (iv) Covered oorches or arcades: (v) Shed roof forms: and I (Revised' 03/07) Tide 8 - General Develonment Reeulations ~42J1f..50 Oed 2007 07 TOWN OF MARANA ARIZONA LAND DEVELOPMENT CODE I (Revised. 03/07) (vi) The use of earthv materials. colors. and textures associated with the reaion. (vii) The use of architectural accent features and/or colors for visual interest. (c) The above standard is not intended to oromote "cookie cutter" commercial develooment or the literal reDUcation of Southwestern or ranch-stvle architecture: rather. it is intended to oromote a creative and modern interoretation of vernacular architectural elements that are uniQue to each develooment and to Marana. All sides qf a building shall incorporate an.hitectural detailing that is compatible with the {ront fafade. Blank walls void ofan-llitectural details (as found in the top example, above) or other variation are prohibited. (2) Four-sided Desian (a) Althouah the front facade of a buildina is exoected to be the focal ooint in terms of level of architectural character and features. all sides of a buildinas shall incorcorate architectural detailinQ that has a character that is consistent with the front facade. Blank walls void of architectural details or other variation are orohibited. (b) The backs or sides of buildinQs that are c1earlv visible from an arterial roadwav or from Interstate HiQhwav 10 shall receive the most desian emohasis in this reaard. (3) Pad Site Buildinas (a) Pad site buildinas shall incorcorate materials and colors that are similar to and comoatible with those used on the orimarv buildinal s) in the develooment or center. (b) Themed restaurants. small retail chains. and other similar tenants mav be reauired to adiust some asoects of Tide 8 - General Develonment Reeulations ~43..nL50 ()ed 2007 07 TOWN OF MARANA ARIZONA I.AND DEVELOPMENT CODE their "standard" architectural model in order to meet the above standard. (4) Parkina Structures (a) Parkina structures shall be desianed to incoroorate a comoarable level of architectural detailina and aualitv of materials as found on orimarv buildinas on the site. (b) To the maximum extent oracticable. oarkina structures shall be "wraooed" with active uses. such as retail storefronts. at the street level. This is oarticularlv imoortant where oarkina structures are located adiacent to maior oedestrian walkwavs. outdoor aatherina soaces or other oedestrian-oriented soaces. or alona a oedestrian-oriented "main street" within a lareer develooment. 2. Buildina Massina Themed restaurants, small retail chains, and other similar tenants shall be required to adjust some aspeds of their "standard" architectural model in order to meet the above standard. a) Intent 1. To add character and visual interest to the blockv buildina forms tvoical of commercial develooment: and 2. To break uo the visual mass of laree-format or "bia box" retail uses and establish a more oedestrian-friendlv scale at the street level and at orimarv entrances. b) Desion Standards (1) Buildina Massina (a) The oerceived mass and scale of commercial buildinas. includina laree-format retail uses. shall be reduced bv incorooratina a series of smaller desian elements that are consistent with the center's I (Revised' 03/07) Tide 8 - General Development Regulations ~44~50 Oed 2QQ1Jl1 TOWN OF MARANA ARIZONA LAND DEVELOPMENT CODE I (Revised' 03/07) architectural character. Desian elements mav include. but are not limited to at least 4 of the followina: (i) Variations in roof form and oaraoet heiahts: (ii) Pronounced recesses and oroiections: (iii) Wall DIane off-sets: (iv) Distinct chanaes in texture and color of wall surfaces: (v) Ground level arcades and second floor aalleries/balconies: The pen-eived mass and scale ~r commercial buildings, induding large-format retail UJeJ, shall be reduced fry incorporating a series 0/ smaller design elements that are consistent with the ..enter's art"hitectural charader, as illustrated ~y the use of awnings, varied roojforms and heights, above. (vi) Protected and recessed entries: and (vii)Vertical accents or focal ooints. (b) In-line commercial centers or buildina walls that exceed 100 feet in lenath shall incorcorate a minimum of 4 of the followina elements to distinauish the modulation of individual storefronts (where aoolicable) and break uo the aooearance of lenathv wall soans: (i) Distinct chanae in color: (ii) Chanae in material or texture: (iii) Chanae in DIane of the buildina wall that incorcorates offsets. reveals. recesses. archwavs. and/or oroiections: (iv) Deeo-set windows with mullions: (v) Awninas or oedestrian canooies: (vi) Ground level arcade: and/or (vii)Window or door ooeninas. (2) Primarv Buildina Entrances (a) Primarv buildina entrances shall be desianed to be visuallv orominent and to orovide shade for oedestrians. This obiective shall be accomolished Tide 8 - General Develonment Regulations ~45-.aL50 Onl 2007 07 TOWN OF MARANA ARIZONA I.AND DEVEI DPMENT CODE ".......... I (Revised- 03/07\ throuah the use of a combination of 2 or more of the followina features at the orimarv buildina entrance: (i) A canoov. oortico. archwav. arcade. or similar overhana that orovides architectural interest and oedestrian orotection: (ii) Peaked roof forms: (iii) Raised corniced oaraoets over the door: Primary building entrantes shall be designed to be visual!y prominent and to provide shade for pedestrians, using feature!" sud; as this peaked ro~rform, and c'opered walkway. (iv) Outdoor oedestrian features such as seat walls and landscaoina with seasonal color or oermanent landscaoe olanters with intearated benches: and/or (v) Architectural detailina such as tile work and moldinas intearated into the buildina structure. (3) Multi-StaN Buildinas (a) All multi-storv buildinas shall incoroorate a recoanizable base. middle. and too throuah the use of chanaes in material. architectural accents. or other features. Other methods for orovidina architectural character mav be used if aooroved bv the Plannina Director. All multi-story buildings shall incorporate a recognizable base, middle, and top through the use 0/ thanges in materials, arthitedural atmlts, or other ieatures. (4) Buildina Transnarencv (a) Laree format retail uses shall devote a minimum of ten oercent of the lenath of the front facade to windows or transoarent entrances. (b) Pad site buildinas shall devote a minimum of 40 oercent of the lenath of the front facade to windows or transoarent entrances. Tide 8 - General Development ReflUlations ~ 46..uL50 ()rd 2007 07 TOWN OFMARANA ARIZONA T .AND DEVFJ DPMENT CODE (c) In-line commercial centers shall devote a minimum of 50 oercent of the lenath of each storefront module to windows or transoarent entrances. 3. Exterior Buildina Materials and Colors a) lntent 1. To avoid the aooearance of bland. "cookie-cutter" commercial develooment: 2. To encouraae the creative incorooration of a broad ranae of colors in commercial develooment that reflect the rich. natural tones found in Marana's Sonoran Desert context: and 3. To achieve a unified aooearance for multi-buildina or ohased commercial develooments throuah the use of comoatible materials and colors. b) Desion Standards (1) Permitted Materials (a) Materials shall be of hiah aualitv and croven durabilitv in the harsh desert environment. Permitted materials include: (i) ~ (ii) Stone (natural or simulated): Retail uses shall devote a percentage rf their frol1t fafade to wil1dows or tral1sparel1t entram"es, based 011 their size al1d wnfiguratiol1" (iii) Intearallv-colored. solit face or around face concrete masonrv units (eMU): (iv) Traditional cement hardcoat stucco: (v) Exterior Insulation and Finish Svstems (EIFS): (vi) Standina seam metal roofs: (Revised- 03/07) Tide 8 - General Develonment Regulations ~47-DL50 Ord 2007 07 TOWN OF MARANA ARIZONA LAND DEVEIDPMENT CODE (vii) Concrete and clav tile roofs: (viii) Clear and tinted alass: (ix) Mosaic tile: (x) Wood (limited to architectural accents): and (xi) Architectural metal. (b) Additional materials mav be considered orovided th f comoarable aualitv. durabilitv. and character. as de~~~~~e~ ~v town staff. (2) Prohibited Materials (a) The followina materials shall be orohibited: (i) ~n-textured or unarticulated tllt-uo concrete oanels: (ii) Pre-fabricated steel oanels(as sole material): (iii) Corruaated metal (Corten or rust finish acceotable as an accent element): (iv) Asohalt shinale roofs: and (v) Mirrored or otherwise hiahlv reflective alass. (3) Exterior Buildina and Roof Colors (a) Bland. monotonous color scheme . . . oalate shall be avoided. s comorlsed of variations on a beiae (b) Each commercial develooment sh II' ., . that reflects the rich ranae of col a f Inco~~orate a dl~t1nctlve color oalate context. such as: ors oun_ In Marana s Sonoran Desert (i) Earthv browns. seoias and tans: (ii) Dark reds and maroons: (Rcyised' 03/07) Title 8 - General Develonment Repulations ~ 48..nL50 Ord 2007 07 TOWN OF MARANA ARIZONA I,AND DFVm .QPMENT CODE (iii) Dark oranaes to oinks: (iv) Dark areens: (v) DeeD skv blues to arav-blues: (vi) DeeD ouroles: (vii)Ochres. vellow-browns: or (viii) Variations of the above colors that result from natural weatherina or oxidation orocesses (rusts. aravs. etc.), (4) Metal Finishes Commmial developments shO!~/d incorporate a broad range of colors and materials that rfj7ed the rich nattlral tones fotlnd in Marana s S onoran Desert context. (a) The use of metals shall be limited to oaints and coatinas within the color ranae described above or natural finishes which derive their character from weatherina and oxidation. (b) No briaht or hiahlv reflective metal finishes shall be allowed on anv exterior buildina material or buildina element other than for accent materials that enhance. but do not dominate the architectural character. (Revised- 03(07) Title 8 - General Develonment Rep"ulations ~49-1lL50 _____.--Drd 2007 07 TOWN OF tviARANA, ARIZONA LAND DEVELOPMENT CODE (BLANK) Title 8 - General Development Regulations Pag<: 50 of 50 Ord. 2005.18 R<:vis<:d 9/05 TO\v'N OF MARANA, ARIZONA LAND DEVELOPMENT CODE SECTIONS: 03.00 03.01 03.02 03.03 03.04 03.05 03.06 03.07 03.08 03.09 03.10 03.11 03.12 03.13 03.14 03.15 03.16 03.17 03.18 03.19 03.20 03.21 03.22 03.23 03.24 03.25 03.26 TITLE 3 DEFINITIONS General Usage Definitions "A" Definitions "B" Definitions "C" Definitions "0" Definitions "E" Definitions "F" Definitions "G" Definitions "H" Definitions "I" Definitions "J" Definitions "K" Definitions "L" Definitions "M" Definitions "N" Definitions "0" Definitions "P" Definitions "Q" Definitions "R" Definitions "S" Definitions "T" Definitions "U" Definitions "V" Definitions "W" Definitions "X" (Reserved) Definitions "Y" Definitions "Z" (Reserved) 03.00 General Usage The definitions provided for in this article shall apply throughout these regulations, unless a different meaning is clearly indicated by a context or the term is defined differently in any other section. The words, phrases, and terms shall be deemed to have the meaning ascribed to them in the following paragraphs. When consistent with the context, words used in the present tense include the future; words in the singular include the plural; and those in the plural include the singular. A. The word "Council" shall mean the Town Council of Marana. B. The word "Building" includes the word "Structure". C. The word "Shall" is mandatory and the word "May" is permissive. (Revised: OJ/OZ) Title 3 - Definitions Page 1 of 16 Ord. 2001.01 TO\VN OF JvlARANA, ARIZONA LAND DEVELOPMENT CODE D. The word "Used" includes the words "arranged for, designed for, occupied or intended to be occupied for". E. The words "Building" or "Structure" include any part thereof. F. A "Person" includes a corporation, a partnership, and an unincorporated association of persons such as a club. 03.01 Definitions II A" Abuttina: Two (2) adjoining properties having a common property line or boundary. Accent Material-Material coverina twentv-five oercent or less of the wall elevation. Access or Accessway: The place, means, or way by which pedestrians and vehicles shall have safe and usable ingress and egress to a property. Accessory Buildina: A subordinate building or portion of a main building on the same lot or building site, incidental to that permitted in the main building, or to the land upon which the main building is located. Accessory Use: A use incidental or subordinate to the principal use of a lot or building and devoted exclusively to the main use of the lot or building thereon. Acre: 43,560 square feet. Apiary: A place where bees are kept for their honey, generally consisting of a number of hives. Articulation-The manner in which various features are arranaed on a buildina elevation. Aviary: Large cage or building specifically designed for keeping birds. 03.02 Definitions "B" Berm-An earthen mound desianed to orovide visual interest. screen undesirable views, decrease noise. and/or control or manaae surface drainaae. Buffer-Ooen soaces. landscaoed areas. fences. walls. berms. or anv combination thereof. used to ohvsicallv seoarate or screen one use or prooertv from another so as to visuallv shield or block noise. liahts. buildinas. other nuisances. or orovide privacy. Buildable Area: The lot area where a building can be placed after yard setbacks and easements are deducted. Builder: The builder is the purchaser of a development area, or portions of a development area who will build or provide for building within their areas of ownership. The builder is responsible for implementation of those facilities within each of the development areas, and ancillary facilities within the spine infrastructure system. Buildina: Any structure having a roof and walls built and maintained for the support, shelter, or enclosure of persons, animals, chattel, or property of any kind including an apartment house, hotel or dwelling, single or in combination. Buildina Form-The shaDe and structure of a buildina as distinauished from its substance or material. Buildina Heiaht: The vertical distance between the finished floor elevation and the highest point of the building, excluding chimneys, vents and antennae, provided the finished floor elevation is no higher than 2' above any adjacent grade within 4' of the building. Tide 3 - Definitions Page 2 of 16 I (Reviseo: o:}/oZ) ()ro. 200Z.QZ TOWN OF "NL\RANA, ARIZONA L\ND DEVELOPMENT CODE Buildinq, Main: A building within which is conducted the principal use permitted on the lot. Buildina Mass-The three-dimensional bulk of a buildina-heiaht. width. and deoth. Buildinq Setback: The distance a building must be set back from a specified point. Buildina Scale-The size and orooortion of a buildina relative to surroundina buildinas and environs. adiacent streets. and oedestrians. Buildinq Site: The ground area of a building or buildings together with all open spaces adjacent thereto. Business or Commercial: The purchase, sale or other transaction involving the handling or disposition, other than that included in the term "industry" as defined herein, of any article, substance or commodity for profit or gain. 03.03 Definitions "C" Camp. Farm Labor: A building or complex of buildings located on an operating farm that is intended to house farm workers and/or their families on a seasonal basis. Character-Those attributes. aualities. and features that make uo and distinauish a develooment oroiect and aive such oroiect a sense of ouroose. function. definition. and uniaueness. Child Care Center: A facility providing compensated nonresidential care and supervision to more than ten children. Also termed a day nursery. Church: A building or group of buildings used primarily as a place of communion or worship. "Church" includes convents, religious educational buildings and parish houses, but not parochial schools. Colonv: A controlled honey bee brood including a single queen bee, drones, and workers. Commercial Center-A develooment containina one or more retail stores. restaurants. hotels. motels. and similar businesses within a sinale buildina or multiole buildinas. Commission: The Town of Marana Planning Commission. Common Area: An area of common access designed to serve two or more separate dwelling units which mayor may not be under separate ownership. Condominium: A form of real estate structure ownership established through the subdivision of real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the building owners of the separate portions. Real estate is not a condominium unless the individual interests in the common element are vested in the building unit owners. Condominium Proiect: A plan or a project involving a building that is owned or offered for sale, or is projected to be owned or offered for sale to two or more persons who will separately own defined dwelling unit space, together with an undivided interest in common areas or facilities of the property. The term shall also refer to the entire real property when so indicated by the context of this code. County: Pima County, Arizona. Crop. Aqricultural: The growing of crops in the soil in the customary manner in the open; including the processing, wholesaling, and retailing of such grown agricultural products when Title 3 - Definitions Page 3 of 16 (Revised: OJ,/OZ) Ord. 200Z.Ql TOWN OF lvL\RANA, ARIZONA LAND DEVELOPMENT CODE such activities are performed on the premises on which the crops are raised. The term does not include the raising of livestock. Cul-de-sac: A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. 03.04 Definitions "0" Dairy farm: Area where dairy animals are kept for milking and from which a part or all of the milk is sold, offered for sale or supplied for human consumption, and includes all buildings, yards and premises occupied or used in connection with the production of milk. Density: The number of dwelling units that may be constructed per a unit of measure of land area. Usually expressed using the acre as the unit of measure. Developer: Any person, including a governmental agency, undertaking any development as defined in these regulations. Development Code: The zoning code of the Town of Marana and overlay regulations including those which might deal with floodplains, hillside or slope protection, and related regulations; subdivision regulations, sign regulations, and all other land use regulations contained within this division of the Town of Marana Municipal Code. Driveway: A private method of vehicular access contained fully within a lot. Drouaht Tolerant Veaetation: Low water use plants, which after established, survive within the Sonoran Desert climate with little or no supplemental watering. Duplex: A residential building containing two dwelling units. Dwellina: A building or portion thereof, designed and used exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, but not including hotels, boarding or lodging houses. Dwellina, Sinale Family: A building designed for occupancy by one family as a residence and contains only one kitchen. Dwellina. Multiple-Family: A residential building containing two or more dwelling units, each designed for occupancy by an individual or one family as a residence. 03.05 Definitions "E" Easements: A space on a lot or parcel of land defined on a subdivision map, in a deed restriction, or separate document, reserved for and/or used for public utilities, ingress and egress, drainage or other special purposes. Enterprise: An individual or organization engaged in a single type of business or governmental activity as classified and defined by the United States Standard Industrial Classification Manual at the two-digit level. 03.06 Definitions "F" Facade--Anv side of a buildina that faces a street or other open space. The "front facade" is the front or principal face of a buildina. Family: One or more individuals occupying a dwelling unit and living as a single housekeeping unit. I (Reviseo: oJ/oI) Title 3 - Definitions Page 4 of 16 Oro. 200I01 TO\'V'N OF MARANA, ARIZONA LAND DEVELOPMENT CODE Feedlot: Any fenced area used commercially for the express purpose of fattening livestock for slaughter or sale. Final Plat: A map of all or part of a subdivision essentially conforming to an approved preliminary plat, and prepared in accordance with the provisions of the Town of Marana subdivision regulations. Flood: A temporary rise in flow or stage of any stream, watercourse or lake that may result in water overtopping its banks and inundating adjacent areas. Floodolain: Areas of land adjoining or near the channel of a watercourse which has been or may be hereafter covered by flood water, and which functions as a temporary channel or reservoir for overbank flow. Floodolain Board: The Town Council of Marana. Floodwav: A delineated area, as determined by a hydraulic analysis approved by the Town of Marana Engineer, where the hypothetical encroachment into the floodplain will allow passage of the regulatory flood without increasing the flood height more than one foot. Additional hydraulic criteria that will be applied to determine the boundaries of the floodway are: 1 ). equal flow conveyance removal will be assumed from each side of the floodplain, and 2). the exact boundary of the floodway will be selected so that its alignment will ultimately be streamlined in relation to upstream and downstream developments. Floor Area Ratio (FAR): A ratio expressing the amount of square feet of floor area permitted for every square foot of land area within a site. The FAR is usually expressed as a single number. Fowl: A bird of a type that is used to produce meat or eggs, including, but not limited to, chickens, ducks, turkeys, and peacocks. Frontaoe: All property fronting on one (1) side of a street between a street and a right-of-way, or between intersecting or intercepting streets, or to the end of a dead-end street. An intercepting street shall determine the boundary of the frontage on the side of the street that it intercepts. 03.07 Definitions "G" Garaoe. Private: An accessory building or portion of the main building, designed or used for the shelter or storage of self propelled vehicles owned or operated by the occupants of the main building. Gasoline Service Stations: A retail establishment primarily engaged in selling petroleum products, but not including auto repair shops, body and fender works, similar repairing and painting uses, or mechanical or stream wash racks. General Plan: The Town of Marana General Plan. Gross Floor Area: The sum of the areas of all horizontal surfaces of a building, measured from outside surface to outside surface. Grade: The average of the finished ground level at the center of all of the exterior walls of a building. In case the front wall is parallel to and within five (5) feet of a sidewalk, the grade shall be measured at the sidewalk at the centerline of the front of the lot. Guest House: Living quarters for guests, relatives, or servants on the premises in an accessory building or attached to the principal residence. Title 3 - Definitions Page 5 of 16 (Reviml: oJ/OZ) Ord. 200Z.01 TO\'V'N OF h'lARANA, i\RIZONA LAND DEVELOPMENT CODE 03.08 Definitions "H" Hive: A movable-frame receptacle used for keeping bees which may consist of one or more frames on a single box stand. Home Child Care Center: Any single residence dwelling in which child care is regularly provided for compensation for five (5) or more, but not more than ten (10) children not related to the proprietor. The proposed child care center shall meet all requirements for certification by the State Department of Health. Home Occupation: Any activity carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit. A home occupation shall not exceed 25% of the gross floor area of a dwelling, shall not involve persons who are not permanent residents of the residence unless approved through the Conditional Use Permit procedure as provided in Section 10.10. A home occupation shall not display on-site advertising or identification signs or have external evidence of the conduct of the home occupation, shall maintain the required residential off- street parking, shall not create off-street or on-street parking, vehicular or pedestrian traffic which is greater than that normally associated with a solely residential use of the premises on which the home occupation is conducted and shall not create conditions that are a nuisance to neighboring properties. Equipment which is visible from off-site or which creates audible interference in radio and television receivers or causes fluctuations in line voltage outside the dwelling using it is prohibited. Hospital: Any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums, institutions for the cure of chronic drug addicts and mental patients. Hotel: A building containing six or more guest rooms, in which lodging is provided and offered to the public for compensation and which is open to transient guests, together with commercial accessory uses operated primarily for the convenience of the guests thereof. Household pets: Any animal commonly accepted as a domesticated pet and housed within the primary residential structure. 03.09 Definitions "I" Improvement: Any man-made immovable item which becomes part of, places upon, or is affixed to real estate. Improvements are typically required to be installed as a condition of approval or acceptance of a development. They may include, but are not limited to, roads, water facilities, easements, traffic control devices, utility lines, and other similar facilities. Industrv: The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof. Inaress: Access or entry. In-line commercial center-Multiole retail stores oraanized in an in-line fashion. Individual stores within the center are attached. sharine one or more side walls but have seoarate entrances. In-line centers tvoicallv share a sine Ie oarkine area that is located at the front or front and side of the center. Intervenina propertv: Property located between an existing public right-of-way or existing public utility easement and the land within a subdivision or other large scale development. I (Revised: OJ/OZ) Title 3 - Definitions Page 6 of 16 ( hd. 2001Ql TO\'V~ OF I'vL\RANA, ARIZONA LAND DEVELOPMENT CODE 03.10 Definitions" J" Junk (Salvaae) Yard: A place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored in the open, including, but not limited to, automobile wrecking yards, used lumber yards, and places or yards for the storage of salvaged house wrecking and structural steel materials, and equipment. This excepts farming operations, or where such activities are conducted entirely within a completely enclosed building and where salvaged materials are kept incidental to manufacturing or other industrial or agricultural operations conducted on the premises. 03.11 Definitions "K" Kennel: Any enclosure, premises, building, structure, lot or area where dogs, cats, or other animals are kept, raised, sold, boarded, bred, shown, treated or groomed for economic gain. 03.12 Definitions "L" Landscaoina: Making an area attractive through the use and arrangement of living vegetation, such as trees, bushes, and groundcovers, together with inert materials such as wood, rocks, brick, and decomposed granite. Land Solits: The division of improved or unimproved land whose area is two and one-half acres or less into two or three tracts or parcels of land for the purpose of sale or lease. Land Use: A description of how land is occupied or utilized. Laroe Format Retail-A larae format retail store contains 100.000 sauare feet or more (aross floor area). Laroe livestock: Includes cattle, horses, oxen, donkeys, mules, llamas, and other similar animals. Larae Scale Develooment: For zones A-F, any planned unit development, condominium project, mobile home park, recreational vehicle park, planned shopping center, planned industrial park, group dwelling, apartment building complex, or farm labor camp located on a lot or parcel of land that is larger than 2.5 acres and which is planned and developed as a single entity or which contains land or facilities that are held as common properties. Livestock Auction Yard: A parcel of land and accompanying buildings used for the sale by auction of livestock offered on consignment. Local Street: A street whose purpose is to provide access to property, provide vehicular linkage within a residential or nonresidential neighborhood, but not necessarily through movements. Lot: A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning requirements, of use, coverage, area, setbacks, and other areas as required by these regulations with legal access to a public street. Lot Area: The total land area, measured in a horizontal plane, included within the lot property lin3s. Lot. Corner: A lot located at the intersection of two (2) or more streets. Lot Coveraae: The area of a site occupied by buildings, storage areas, and areas allocated to vehicular parking, maneuvering, and service. Lot Deoth: The horizontal distance between the front and rear lot lines. Title 3 - Definitions Page 7 of 16 (Reviseu: oJ/01) Oru.2001.01 TOWN OF J\L\RANA, ARIZOn\ LAND DEVELOPJ\IENT CODE Lot Frontaae: The length of the lot line abutting a street. Lot Improvement: Any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Lot. Interior: A lot other than a corner or key lot. Lot. Key: Any lot where the side lot line abuts the rear lot line of other lots. Lot. Larae: For zones A-F, any lot occupying 25 acres or more. Lot Line: A line of record bounding a lot. Lot Line. Common: Any side or rear property line which adjoins or abuts another side or rear property line, not including side or rear property lines abutting a street or alley. Lot Line. Front: The lot line separating a lot from a street. Lot Line. Rear: 1. The lot line which is opposite and most distant from the front lot line. 2. The rear lot line of an irregular, triangular or gore lot shall, for the purpose of this code, be a line entirely within the lot at least ten feet along and parallel to and most distant from the front lot line. Lot Line. Side: 1. Any lot line not a front lot line or a rear lot line. 2. A side lot line separating a lot from a street is a street lot line. 3. A side lot line separating a lot from another lot is an interior side lot line. Lot. Medium Size: For zones A-F, any lot occupying more than 2.5 acres but less than 25 acres. Lot. Small: For zones A-F, any lot occupying 2.5 acres or less. Lot Width: The mean horizontal width of the lot measured at right angles to the lot depth. 03.13 Definitions "M" Maior Street: A street so designated on the adopted Marana Transportation Plan. Manufactured Home: A single-family dwelling structure transportable in one or more sections manufactured after June 15, 1976, to standards established by the U.S. Department of Housing and Urban Development. The structure is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities. Manufactured Home Park: A residential use in which more than two manufactured home spaces are located on a single site area. The spaces may be leased, rented or sold. If the individual spaces are sold, the remainder of the use must be in the common ownership of all unit owners. Maximum Extent Practicable-Under the circumstances. reasonable efforts have been undertaken to comolv with the reQulation or reQuirement. that the cost of additional comoliance measures clearlv outweiQh the ootential benefits to the oublic or would . I (Revised: OJ/OIl Title 3 - Definitions Page 8 of 16 ()rd. 200:UU TO\v'N OF lvL\RANA, ARIZONA LAND DEVELOPMENT CODE unreasonablv burden the orooosed oroiect. and reasonable steos have been undertaken to minimize anv ootential harm or adverse imoacts resultina from the noncomoliance. Model Home: A dwelling unit used initially for display purposes which typified the type of units that will be constructed in the subdivision. Motel: A facility offering transient lodging accommodations of six or more rental units. A majority of all rental units have direct access to the outside without the necessity of passing through the main lobby of the building. Guests are generally traveling by automobile and parking is located convenient to each unit. . Multiple Family Structure: A building, located on one lot, containing two or more dwelling units. Also known as multifamily structure. 03.14 Definitions "N" Native Veaetation: Plants indigenous to an area. Natural Features-"Natural features" include but are not limited to flood olains and surface drainaae channels. washes. stream corridors and other bodies of water. steeo slooes. orominent ridaes. bluffs. or vallevs, and existina trees and veaetation. Nearby Land: For zones A-F, land lying within one-quarter of a mile of a small lot, within one- half mile of a medium size lot, and within one mile of a large lot. Nonconformina: A parcel or land, or a building or structure, or portion thereof, or a use which does not conform to the provisions of this Development Code, and which existed prior to the effective date thereof. Nuisance: Annoying, unpleasant or obnoxious and out of character with the neighboring area. Nursery: 1. 2. 03.15 A place where young trees or other plants are raised for transplanting or for sale. Does not include commercial fertilizer yard or processing plant. Definitions "0" Off-Site: Any premises not located within the area of the property to be subdivided or developed whether or not in the same ownership of the applicant to subdivision or development approval. Off-Street Parkina: Parking of motor vehicles that is not located on a street, or public way. On-Site: Of or pertaining to a space within the boundaries of a subdivision lot or parcel. Open Space: Any area to be kept in open uses including active and passive recreational lands, desert, floodways, floodplains, parks, and greenbelts. Orient-To brina in relation to. or adiust to. the surroundinas. situation. or environment: to olace with the most imoortant Darts le.a.. the orimarv buildina entrance and the desianated "front" of a buildina) facina in certain directions: or to set or arranae in a determinate oosition. as in "to orient a buildina." 03.16 Definitions "P" Pad Site BuildinG- Tvoicallv used in the context of retail shoooina center develooment. a buildina or buildina site that is ohvsicallv seoarate from the orincioal or orimarv buildina and reserved for free-standina commercial uses. each such use tvoicallv containina no more than Title 3 - Definitions Page 9 of16 (Revi~ed: OJ/07) Ord. 200Z.o:z TOWN OF lvL\RANA, ARIZONA LAND DEVELOP}"'lENT CODE 15.000 sauare feet of DrOSS floor area. Tvpical pad site uses include. bv wav of illustration onlv. free-standina restaurants. banks. and auto services. Parcel of Land: Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit. Parcel includes an easement supporting or related to a primary parcel, and a condominium unit. Parkina Lot: Any area of a site or structure used as a parking area for more than four (4) motor vehicles. Parkina Space. Standard: A space not less than twenty (20) feet in length and not less than nine (9) feet in width for the parking of a motor vehicle, exclusive of driveways and ramps. Permitted Use: A land use allowed as a property right within a zoning category subject only to the requirements listed for that use. Phase: A portion of a development project scheduled for construction and occupancy as an entity apart from other phases of the development. Plannina Administrator: The Town of Marana Planning Administrator. Plat: A map of a subdivision. Preliminarv Plat: A preliminary map, including supporting data, indicating a proposed subdivision design prepared in accordance with the provisions of the Town of Marana subdivision regulations. Premises: A zoned lot, together with the buildings and other structures located thereon. Primary Arterial: A road intended to move traffic to and from such major attractions as villages, regional shopping centers, colleges and/or universities, major industrial areas and similar traffic generators within Marana and/or as a route for traffic between communities or large areas. Primarv or PrinciDal Buildina- The buildina or structure on a commercial development site used to accommodate the maioritv of the princioal permitted usef s). When there are multiple buildinas on a commercial development site. such as in a shoppina center. the primarv or principal buildina shall be the one containina the areatest amount of DrOSS floor area. Buildinas sited on pad sites or free-standina kiosk/ATM machines cannot be "primarv" or "principal" buildinas. Primarv Material-Material coverina seventv-five percent or more of the wall elevation or the individual material that constitutes the maioritv. Principal Structure: A structure in which the principal use of the lot is conducted. Principal Use: The primary or predominant use of any lot. Public Improvement: Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the Town of Marana may ultimately assume the responsibility for maintenance and operation. 03.17 Definitions "Q" Quasi-Public Land Use: Use of the land by private, not-for-profit institutions or organizations for purposes which may, in fact, be public uses, or which may be restricted to a particular group, but which generally involve the use of the land or the facility located thereon by a large Title 3 - Definitions Page 10 of 16 I (Revised: OJ/OI) Ord. 2ooI.m TO\VN OF .MARANA, ARIZONA L\ND DEVELOPMENT CODE number of people; including but not limited to churches, private schools, not-for-profit social organizations, hospitals, welfare organizations, or non-profit medical centers. 03.18 Definitions "R" RAC: The permitted number of residences per gross acre (43,560 square feet of land area). Ratite: Members of the group ratitae; large flightless birds, including emus and ostriches. Recorded Plat A final plat bearing all of the certificates of approval required by Arizona Revised Statutes, and by the Town of Marana subdivision regulations, and recorded by the Pima County Recorder. Recreational Vehicle (R V. ): A unit, designed to provide temporary living quarters, built into as an integral part of or attached to a self-propelled motor vehicle chassis or to be towed by a motor vehicle. The unit contains permanently installed independent life support systems which provide at least four of the following facilities: cooling, refrigeration or ice box, self- contained toilet, heating and/or air conditioning, a potable water supply system including a faucet and sink, separate 110-125 volt electrical power supply and/or LP gas supply. Recreation Vehicle Park: A parcel of land under single or common ownership where two or more spaces are leased, rented or sold for occupancy of an RV. A fee mayor may not be charged for the use of the individual space. Recreational Vehicle Soace: An area within the RV. Park for the placement of an RV. unit, in addition to any exclusive use area adjacent to the unit set aside for the occupants of the RV., such as patio or parking space. RedeveloDment-Develooment on a tract of land with existina structures where all or most of the existina structures would be razed and a new structure or structures built. Reoistered Enoineer: An engineer properly licensed and registered in the State of Arizona. Reaistered Land Surveyor: A land surveyor properly licensed and registered in the State of Arizona. Reaulatory Flood: The park discharge of the 100-year flood. It is representative of large floods known to have occurred generally in the same region and reasonably characteristic of what can be expected to occur on a particular stream or watercourse. The regulatory flood generally has an average frequency or recurrence interval of 100 years. Each year there is a one percent chance that an equal or greater flood will occur at that site. Reoulatory Flood Elevation: The water surface elevation of the regulatory flood for watercourses where supercritical velocities are encountered. The critical depth will be used for determining the regulatory flood elevation. Reaulatorv Floodolain: That portion of the natural floodplain that would be inundated by the regulatory flood. Research Laboratory: 1. An administrative, engineering, specific research, design or experimentation facility. 2. Shall include research on such things as electronic components, optical equipment, etc. Restaurant An eating establishment where meals may be bought and eaten, also allowing the sale of alcoholic beverages. Title 3 - Definitions Page 11 of 16 (Revised: OJ/OJ) (hd. 2007-01 TO\V'N OF NL~RANA, ARIZONA LAND DEVELOPMENT CODE Ridinq Arena/Rodeo Grounds. Private: An enclosed area used for the purpose of riding and training horses or other livestock for private enjoyment. Ridinq Arena/Rodeo Grounds. Public: An enclosed area used for the purpose of riding, training, or showing horses or other livestock, or for the purpose of competition involving those animals. Riqht-Of-Wav: A strip of land occupied or intent to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drainages, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. Rodent: Any member of the order rodentia, such as, but not limited to: mice, rabbits, and hares. Roof: The outside top covering of a building. 03.19 Definitions "S" Sale or Lease: Any immediate or future transfer or ownership including contract of sale or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map or other written instrument. Screen: A barrier that functions to shield, protect or conceal. Setback: A distance from a set point. Siqnificant Chanqe in Land Use: For zones A-F, any change in land use that will: (1) more than double the household or enterprise density of the land in question within one year; or (2) change the nature of the activity on the land from residential (including renter occupied housing) to non-residential; or (3) change the nature of any business, industrial, or quasi- public use of the land (including agriculture use) to any use that would fall in a different Standard Industrial Classification at the major group level, except where such other use is already in existence on land immediately adjacent to the site of the proposed change; or (4) be reasonably expected to more than double the use of nearby streets or other public facilities within one year. Notwithstanding, however, for small lots that have been vacant, upon which there have been no building or buildings, a change in land use from vacant to any use similar to one or more existing land uses on immediately adjacent lots shall be deemed not significant. A similar and competing business enterprise shall not be considered to be antagonistic to any existing business enterprise for the purposes of this Code. Similar Land Use: For zones A-F, land use of the same or lesser density of households, if residential, or if non-residential use of the land by an activity classified as within the same two- digit Standard Industrial Classification Code as enumerated by the United States Standard Industrial Classification Manual. Sinqle Familv Dwellinq, Attached: A dwelling unit attached to one or more dwelling units by structural elements common to the attached units with each dwelling unit located on its own individual lot. The structural elements include common wall construction, roof, or other similar improvement. Elements like trusses, beams, and patio walls are not included. I (Revised: OJ/OJ) Title 3 - Definitions Page 12 of 16 Ord. 200101 TO\'('N OF tvL\RANA, ARIZONA LAND DEVELOPMENT CODE Sinole Familv Dwellino, Detached: A dwelling unit which is not attached to any other swelling unit by any structural elements and located on its own separate lot. Sion: Includes all outdoor advertising on any card, cloth, paper, plastic, metal, painted glass, wood or stone, and any and all devices, structural or otherwise, lighted or unlighted, painted or not painted, attached to, made a part of, or placed in the window of, or in the front, rear, sides or top of any structure or on any land or any tree, wall, bush, rock, post, fence, building or structure and visible from any public or private street, way, thoroughfare, alley or walk, which device announces or directs attention to the name or nature of a business, occupant of a structure, building or land or the nature or type of goods, services or projects, produced, sold, stored, furnished or available at the location or at any other location, including signs specifically for the sale of real property. Site: The land area designated for a development project, exclusive of any abutting public right-of-way. The land area can be a portion of a lot, a single lot, or can consist of more than one lot. Small livestock: Includes sheep, goats, miniature horses and other similar animals. Specific Plan: A precise plan for a specific piece of property, or properties, typically under single ownership, which contains all the elements as specified within these regulations, and which has been adopted by the Town Mayor and Council, and which may supersede these land use regulations as they might otherwise apply to the specified property. Stables. Public: Structures where animals are kept for sale or hire; breeding, boarding, and or training. Stables. Private: Structures where animals are kept for private use. Standards-Mandatorv reaulations. Standards are indicated bv use of the terms "shall" and "must." Stockyard: A penned enclosure, or structure, where small or large livestock are maintained temporarily for the purpose of slaughtering, marketing or shipping. StOry: A space in a building between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between such floor and the ceiling or roof above. Street: Any existing or proposed street, avenue, boulevard, road, land, parkway, place, bridge, viaduct or easement for public vehicular access or a street shown in a plat heretofore approved pursuant to the Town of Marana, Pima County, State of Arizona or other governmental unit regulations, or a street on a plat duly filed and recorded in the Pima County Recorders office which has been approved by a unit of government. A street includes all land within the street right-of-way whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking space, bridges and viaducts. Street. Arterial: A street which serves or is intended to serve as a major way by which traffic may be conveyed between the Town of Marana and other communities as well as between major population or activity concentrations within the Town of Marana. Arterial Streets are designated in the Transportation Plan element of the Town General Plan, and are generally one-mile apart on Section lines. Street Center Line: The centerline or monument line of a street or road right-of-way as established by an official survey. Title 3 - Definitions Page 13 of 16 (Revised: O~Nz) Ord. 200z.!U TO\VN OF :tvL\RANA, ARIZONA LAND DEVELOPMENT CODE Street, Collector: A street which is supplementary to an arterial street and serves, or is intended to serve, to convey traffic between neighborhoods or similar areas within Town. Collector Streets are typically at half-mile points within a Section. Streets. Minor: Any dedicated street serving as the principal means of access to property which is not shown on the Town Transportation Plan as an Arterial or Collector street. Street Riaht-Of-Wav Width: The distance between property lines measured at right angles to the center line of the street. Structure: Anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed or put together in some definite manner, which requires location on the ground. Subdivider: A person, firm, corporation, partnership, association, syndicate, trust or other legal entity that files application and initiates proceedings for the subdivision of land in accordance with the provisions of State law or Town of Marana regulations. An individual serving as agent for such legal entity is not a subdivider. Subdivision: Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two or more lots, tracts, or parcels of land, or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. "Subdivision" does not include the following: 1. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots. 2. The partitioning of land in accordance with other statutes of the State of Arizona regulating the partitioning of land held in common ownership. 3. The leasing of apartments, offices, stores or similar space within a building or trailer park, not to mineral, oil or gas leases. Subdivision Desian: Street alignment, grades and widths, alignment and widths ofeasements and rights-of-way for drainage and sanitary sewers and the arrangement and orientation of lots as set forth in the Town of Marana Subdivision regulations or design manuals, or both. Subdivision Improvement: The required installations, pursuant to the Town of Marana subdivision regulations, including grading, sewer and water utilities, streets, easements, traffic control devices as a condition to the approval and acceptance of the final plat thereof. Swine: Any hoofed animal of the porcine species, such as a pig. 03.20 Definitions "T" Temporary Use: Any use allowed for a specified period of time. A use not of a permanent nature. Town: The Town of Marana, Arizona. Title 3 - Definitions Page 14of16 I (Revi~ed: o~/ Oz) Ofd. 200Z.Q1 TO\'(,TN OF tvlAR,\NA, ARIZONA LAND DEVELOPMENT CODE Town Board of Adiustment: The Town Council of Marana, convened as the Board of Adjustment. Town Council: The Town Council of Marana. Town Enoineer: The Town Engineer of Marana. Townhouse: A single-family dwelling, attached, in which each unit has its own separate front entrance, and no unit is located over another unit. Transportation Corridor: Land that is occupied by transportation facilities, including airports, railroads, roads, irrigation canals, or public utility line, or which is immediately adjacent to such facilities, and which has been designated for the purpose of accommodating such modes of transportation and related uses. 03.21 Definitions "U" Use: The purpose for which land or a building is arranged designed or intended, for which either land or building is or may be occupied or maintained. Utilities: Services such as natural gas, electricity, water, telephone, and cable television. 03.22 Definitions "V" Variance: An exception to the provisions of these regulations. Veterinary Clinic Or Animal Hospital. Laroe: Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals including large and small livestock. Veterinary Clinic Or Animal Hospital. Small: Any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals including domestic pets. Vicinitv Plan: A map showing the relationship of a project or lot to adjacent streets, lots, and structures. 03.23 Definitions "W" Walls: An upright opaque structure of wood, stone, brick, etc., serving to enclose, divide, support, protect, or screen. 03.24 03.25 Definitions "X" (Reserved) Definitions "Y" Yard: Any open space other than a court on the same lot with a building or dwelling group which open space is unoccupied and unobstructed from the ground upward to the sky except for the projecting and/or accessory buildings permitted by these regulations. 03.26 Definitions "Z" (Reserved) Title 3 - Definitions Page 15of16 (Revised: OJ/Ol) Ord. 2001.Q7. TO\'V'N OF lvL:\RANA, ARIZONA LAND DEVELOPMENT CODE (Blank) I (Revised: OJ/OJ) Title 3 - Definitions Page 16of16 Ord. 2001-01 AFFIDAVIT OF PUBLICATION STATE OF ARIZONA COUNTY OF PIMA ss. Audrey Smith, being first duly sworn, deposes and says that (s)he is the Legal Advertising Manager of THE DAILY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached: PUBLIC NOTICE MARANA ORDINANCE NO. 2007.07 LAND DEVELOPMENT; ADOPTING COMMERCIAL DESIGN STANDARDS was printed and published correctly in the regular and entire issue of said THE DAILY TERRITORIAL for 4 issues; that was first made on the 27th day of March 2007 and the last publication thereof was made on the 30th day of March 2007; that said publication was made on each of the following dates, to-wit: 03/27/07 03/28/07 03/29/07 03/30/07 at the Request of: Town of Marana, Clerk's Office NotD:"V ["'ui:nc:~. It.,"'.z::,(iJ ;"i:{jd LC.UJlf:.,r F~.pjl~~,:) 02/:}1/08 My commission expires: '0 -" '-1 - ~ PUBLIC NOTICE MARANA ORDINANCE NO. 2007.07 RELATING TO LAND DEVELOPMENT; ADOPTING COMMERCIAL DESIGN STANDARDS TITLE 8; AND AMEND- ING TITLE 3, DEFINITIONS OF THE LAND DEVELOPMENT CODE WHEREAS, the Marana Land Develop- ment Code (the "Code") was adopted by the Mayor and Council of the Town of Marana on May 14, 1984 by Ordi- nance No. 84.04; and WHEREAS, the Mayor and Council have amended the Code from time to time; and WHEREAS, the Code contains Title 8 General Development Regulations, which regulate the development of land in the Town of Marana; and Title 3, Definitions; and WHEREAS, the Marana Planning Com- mission held a public hearing on a re- quest to amend Title 8 and Title 3 of the Code on July 26, 2006 to consider com- ments from Town staff and the public on the proposed amendments; and WHEREAS, the Town Council held a public hearing on a request to amend Title 8 and Title 3 of the Code on March 20, 2007; and WHEREAS, the Mayor and Council find that approval of the proposed amend- ments is in the best interest of the resi- dents and businesses of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, as follows: SECTION 1. Title 8, General Develop- ment Regulations, of the Town of Marana Land Development Code is hereby amended by adding Section 08.07.01 through 08.07.03, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Ari- zona, having been made a public record by and attached as Exhibit A to Resolu- tion No. 2007-42; and Title 3, Defini- tions, of the Town of Marana Land De- velopment Code, is hereby amended by incorporating the definitions contained in Section 08.07.04, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Ari- zona, having been made a public record by and attached as Exhibit B to Resolu- tion No. 2007-42. SECTION 2. The adoption of this ordi- nance shall have the effect of invalidat- ing that portion of all previous versions of the Land Development Code. SECTION 3. In the event that any pro- vision, or any portion of any provision, of this ordinance or application thereof, is held invalid, illegal, or unenforceable, such invalidity. illegality, or un enforce- ability shall have no effect on the re- maining portion of any provision or any other provision, or their application, which can be given effect without the in- valid provision or application and to this end the provision of this ordinance shall be deemed to be severable. SECTION 4. This ordinance shall be effective on the thirty-first day aller its adoption. PASSED AND ADOPTED by the Town Council, Town of Marana, Arizona, this 20th day of March, 2007. _Mayor Date ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney PUBLISH, The Dally Territorial March 27, 28, 29, 30, 2007 pn'2007-ll7 l.m .".~.....,~._-_.._._-~..".".~.-.._~-",...,.~,--,-_..__'_-----