Loading...
HomeMy WebLinkAboutOrdinance 2003.16 Amending titles 3, 5 and 8 of the land development code F. ANN RODRIGUEZ, RECORDER RECORDED BY: YRN DEPUTY RECORDER 5131 AS1 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DOCKET: 12095 PAGE: 4213 NO. OF PAGES~ 2 SEQUENCE~ 20031381030 07/18/2003 ORDIN 15:49 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2003.16 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING TITLES 3 - DEFINITIONS, 5 - ZONING, AND 8 - GENERAL DEVELOPMENT REGULATIONS, OF THE MARANA LAND DEVELOPMENT CODE, ESTABLISHING AND OR REPLACING SEVERAL NEW DEFINITIONS AND ZONING REGULATIONS RELATED TO THE KEEPING OF ANIMALS AND DEFINING PERMITTED, ACCESSORY, CONDITIONAL, TEMPORARY AND PROHIBITED ANIMAL AND OR ANIMAL KEEPING USES, AS WELL AS ESTABLISHING AND OR REPLACING GENERAL MAINTENANCE AND DEVELOPMENT STANDARDS FOR THE KEEPING OF ANIMALS, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, the Mayor and Council of the Town of Marana did, on May 14, 1984, approve Ordinance Number 84.04, thereby adopting a Land Development Code (the "Code") for the Town of Marana; and WHEREAS, the Mayor and Council have amended the Code from time to time; and WHEREAS, the Code contains Title 3 - Definitions, Title 5 - Zoning, and Title - 8 General Development Regulations, which have provided regulations for the keeping of animals within the Town of Marana; and .: WHEREAS, Town ofMarana Staffand Town Council find that the existing regulations are ' incomplete and do not provide adequate or comprehensive regulation of animals and animal keeping practices consistent with the Town's objectives for enjoying animals within Town limits; and WHEREAS, Town Staff has been directed by the Town Council to develop a comprehensive animal keeping ordinance; and WHEREAS, the Marana Planning Commission held a public hearing to discuss Staff's proposed animal keeping regulations and Land Development Code amendment to Titles 3, 5, and 8 on April 30, 2003, and its members voted to recommend approval of the proposed amendments to the Town Council by a unanimous vote; and WHEREAS, the Town Council held a public hearing on the request to amend Titles 3, 5, and 8 of the Code on July 15, 2003, to obtain input from town staff and the public on the proposed amendments; and WHEREAS, the Mayor and Council find that approval of the proposed amendments is in the Marana Ordinance No. 2003.16 best interests of the residents and the businesses of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1: Titles 3, 5, and 8 of the Marana Land Development Code are hereby amended, by establishing and or replacing several new definitions related to animals and or the keeping of animals within Title 3, establishing and or replacing zoning regulations and defining permitted, accessory, conditional, temporary and prohibited animal and or animal keeping uses within Title 5, and establishing and or replacing general maintenance and development standards for the keeping of animals within Title 8, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, having been declared a public record by adoption of Resolution 2003-78. Section 2: Titles 3, 5, and 8 of the Marana Land Development Code are hereby amended by adding the new text as presented by Staff and the Planning Commission. Section 3: The various t own o ~cers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Code. Section 4: All ordinances, resolutions, or motions and parts oford/nances, resolutions, or motions of the Council in conflict with the provisions o fthis Ordinance are hereby repealed, effective as of the effective date of this Ordinance. Section 5: If any section, subsection, sentence, clause, phrase or portion ofth/s Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of July, 2003. Mm Olrtinant'g NO. 2003.16 APPROVED AS TO FORM: ~nally 4 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 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 "D" 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 "5" 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. 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. Ordinance 2003.16 Adopted 7/15/03 PAGE 1 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT F. A "Person" includes a corporation, a partnership, and an unincorporated association of persons such as a club. 03.01 Definitions "A" Abuttinq: Two (2) adjoining properties having a common property line or boundary. Access or Accesswav: The place, means, or way by which pedestrians and vehicles shall have safe and usable ingress and egress to a property. Accessory Buildinq: 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. Aviary: Large cage or building specifically designed for keeping birds. 03.02 Definitions "B" 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. Buildino: 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. Buildinq Heioht: 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. Buildino, Main: A building within which is conducted the principal use permitted on the lot. Buildinq Setback: The distance a building must be set back from a specified point. Buildino 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 "e" 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. Ordinance 2003.16 Adopted 7/15/03 PAGE 2 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 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. Colony: A controlled honey bee brood including a single queen bee, drones, and workers. 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 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" Dairv 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. Ordinance 2003.16 Adopted 7/15/03 PAGE 3 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT Drouqht Tolerant Veqetation: 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. Dwellinq: 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. Dwellinq, Sinqle Family: A building designed for occupancy by one family as a residence and contains only one kitchen. Dwellinq, 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" Family: One or more individuals occupying a dwelling unit and living as a single housekeeping unit. 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. Floodplain: 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. Floodplain Board: The Town Council of Marana. Floodway: 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. Ordinance 2003.16 Adopted 7/15/03 PAGE 4 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT fiDE DRAFT Fowl: A bird of a type that is used to produce meat or eggs, including, but not limited to, chickens, ducks, turkeys, and peacocks. Frontaae: 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" Garaae. 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 washracks. 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. 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. Ordinance 2003.16 Adopted 7/15/03 PAGE 5 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT fiDE DRAFT 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. Inqress: Access or entry. Interveninq property: Property located between an existing public right-of-way or existing public utility easement and the land within a subdivision or other large scale development. 03.10 Definitions "J" Junk (Salvaqe) 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" Landscapinq: 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 Splits: The division of improved or unimproved land whose area is two and one- half acres or less into two or three tracts or parcels of land for the purpose of sale or lease. land Use: A description of how land is occupied or utilized. Ordinance 2003.16 Adopted 7/15/03 PAGE 6 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT Larqe livestock: Includes cattle, horses, oxen, donkeys, mules, llamas, and other similar animals. Larqe Scale Development: 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 lines. Lot. Corner: A lot located at the intersection of two (2) or more streets. Lot Coveraqe: The area of a site occupied by buildings, storage areas, and areas allocated to vehicular parking, maneuvering, and service. Lot Depth: The horizontal distance between the front and rear lot lines. Lot FrontaQe: 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. Kev: Any lot where the side lot line abuts the rear lot line of other lots. Lot. Larqe: 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. Ordinance 2003.16 Adopted 7/15/03 PAGE 7 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 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. 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 Familv Structure: A building, located on one lot, containing two or more dwelling units. Also known as multifamily structure. 03.14 Definitions "N" Native Veqetation: Plants indigenous to an area. Nearbv 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. Nonconforminq: 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. Nurserv: 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" Ordinance 2003.16 Adopted 7/15/03 PAGE 8 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 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 Parkinq: 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. 03.16 Definitions "P" 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. Parkinq Lot: Any area of a site or structure used as a parking area for more than four (4) motor vehicles. Parkinq 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. Planninq Administrator: The Town of Marana Planning Administrator. Plat: A map of a subdivision. Preliminary 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. 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 Ordinance 2003.16 Adopted 7/15/03 PAGE 9 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT fiDE DRAFT located thereon by a large 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 nRn 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 R.V. A fee mayor may not be charged for the use of the individual space. Recreational Vehicle Space: An area within the R.V. Park for the placement of an R.V. unit, in addition to any exclusive use area adjacent to the unit set aside for the occupants of the R.V., such as patio or parking space. ReQistered Enqineer: An engineer properly licensed and registered in the State of Arizona. Reqistered Land Surveyor: A land surveyor properly licensed and registered in the State of Arizona. Requlatorv Flood: The park discharge of the 1 DO-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. Requlatorv 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. Requlatorv Floodplain: That portion of the natural floodplain that would be inundated by the regulatory flood. Research Laboratorv: 1. An administrative, engineering, specific research, design or experimentation facility. Ordinance 2003.16 Adopted 7/15/03 PAGE 10 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT fiDE DRAFT 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. 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 Ordinance 2003.16 Adopted 7/15/03 PAGE 11 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT same two-digit Standard Industrial Classification Code as enumerated by the United States Standard Industrial Classification Manual. Sinole Family 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. Sinqle Family 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. 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. Ordinance 2003.16 Adopted 7/15/03 PAGE 12 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 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. 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 Riqht-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 Desiqn: Street alignment, grades and widths, alignment and widths of easements 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. Ordinance 2003.16 Adopted 7/15/03 PAGE 13 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT mDE DRAFT 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. 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. Vicinity 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 Definitions "X" (Reserved) 03.25 Definitions "Y" Ordinance 2003.16 Adopted 7/15/03 PAGE 14 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 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 "l" (Reserved) Ordinance 2003.16 Adopted 7/15/03 PAGE 15 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT TITLE 5 ZONING SECTIONS: 05.01 05.02 05.03 05.04 05.05 05.06 05.10 Establishment of Zones Regulations Within Zones A-F Significant Land Use Change {Applies only to Zones A-F} Nonconforming Structures and Land Uses Relationships to Streets, Other Structures, and Other Property Specific Plans New Zones Established 05.05.03 ANIMAL-KEEPING STRUCTURES AND FENCING Any barn, shed, corral, coop, fence, or other structure for the keeping of animals, shall be erected, constructed, or located according to the development standards found in section 08.04 of the land development code. 05.10.01 AG Agricultural A. Purpose The purpose of the Agricultural Zoning District is to protect and preserve agricultural lands and related activities in their present character. The intent of this zone is to protect agricultural lands from development of incompatible land uses and urban encroachment. In addition, the agricultural district is intended for general agricultural purposes, with appropriate single-family residences and customary buildings. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the AG zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the AG zone exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the AG zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Growing and harvesting of fields, trees or bush's including flowers; Ordinance 2003.16 Adopted 7/15/03 PAGE 16 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT fiDE DRAFT 3. Plant nurseries and green houses for the propagation, cultivation and distribution of plants produced on the premises; 4. Apiaries; 5. Aviaries; 6. Kennels; 7. Stables (public or private); 8. Riding arena, rodeo grounds (public or private, lighted or unlighted); 9. Raising of large and small livestock; 10. Raising of ratites; 11. Raising of fowl, rodents and swine; 12. Veterinary clinics (large or small); 13. Public parks and playgrounds; and, 14. Public schools. C. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling or allowable agricultural use, provided that any permanent building or structure shall be harmonious with the character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Corrals, barns and other animal-keeping structures; 6. Fences and walls; and, 7. Home occupations, with an approved Home Occupation Permit. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code 1. Communication Facilities, subject to the requirements of Chapter 23; 2. Utility Facilities; 3. Government buildings and facilities when necessary for serving the surrounding region; provided, that no public business offices and no repair or storage facilities are maintained therein; 4. Veterinary clinics (small or large), pounds and shelters; 5. Cemeteries, crematories and mausoleums; 6. Dairies and feedlots; 7. Livestock Auction Yard Ordinance 2003.16 Adopted 7/15/03 PAGE 17 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 8. Public dog or horse track; 9. Zoo; 10. Accessory living quarters; 11. Modular Home; and, 12. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07. E. Temporary Uses 1. Christmas tree lot; and, 2. Produce stand. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically perm itted; 3. Multiple dwelling units; 4. Recreational vehicle parks and mobile home parks; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. G. Property Development Standards - Generally: 1. Lot Area. The minimum lot size per dwelling unit shall be five (5) acres. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred seventy-five (175) feet. b. Depth. Lots shall have a minimum depth of two-hundred seventy-five (275) feet. 3. Minimum Front, Side and Rear Yards (Setbacks). a. The required front yard (setback) shall be a minimum of forty (40) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of sixty (60) feet. c. The required rear yard (setback) shall be a minimum of one-hundred (100) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. Ordinance 2003.16 Adopted 7/15/03 PAGE 18 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. All two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Ordinance 2003.16 Adopted 7/15/03 PAGE 19 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 05.10.02 RD-180 Rural Development A. Purpose The purpose of the Rural Development Zoning District is to protect and preserve the character and encourage orderly growth of rural areas within the Town. It is intended to encourage rural development in areas of the Town that are lacking in infrastructure for urban development and provide limited services to serve the immediate area. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the RD-180 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the RD-180 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the RD-180 zone, subject to the Development Standards contained in this section. 1. One single-residence on any lot or parcel, site built or manufactured home; 2. Growing and harvesting of fields, trees or bushes including flowers; 3. Plant nurseries and green houses for the propagation, cultivation and distribution of plants produced on the premises; 4. Farm product stands for materials grown on-site; 5. Public parks and playgrounds; 6. Day care center; 7. Churches, synagogues, and other places of worship; 8. Group homes; 9. Public schools; 10. Raising of large and small livestock; 11 . Raising of ratites; 12. Raising of fowl, rodents and swine; and, 13. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling or allowable agricultural use, provided that any permanent building or structure shall be harmonious with the character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Aviaries; 6. Kennels; 7. Stables, private; Ordinance 2003.16 Adopted 7/15/03 PAGE 20 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 8. Fences and walls; and, 9. Home occupations, with an approved Home Occupation Permit. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Communication Facilities, subject to the requirements of Chapter 23; 2. Public Stables; 3. Utility Facilities; 4. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 5. Veterinary clinics (small or large), pounds and shelters; 6. Cemeteries, crematories and mausoleums; 7. Dairies and feedlots; 8. Riding arena, rodeo grounds (public or private, lighted or unlighted); 9. Livestock Auction Yard 10. Accessory living quarters; and, 11. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07. E. Temporary Uses (reserved) F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Apiaries; 4. Multiple dwelling units; and, 5. Recreational vehicle parks and mobile home parks. G. Property Development Standards - Generally: 1. Lot Area. The minimum lot size shall be one-hundred eighty thousand (180,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred and seventy- five (175) feet. b. Depth. Lots shall have a minimum depth of two-hundred and seventy- five (275) feet. 3. Minimum Front, Side and Rear Yards (Setbacks). Ordinance 2003.16 Adopted 7/15/03 PAGE 21 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT a. The required front yard (setback) shall be a minimum of forty (40) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of thirty (30) feet. c. The required rear yard (setback) shall be a minimum of fifty (50) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Ordinance 2003.16 Adopted 7/15/03 PAGE 22 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CDDE DRAFT 05.10.03 R-144 Residential A. Purpose The purpose of this Zoning District is to protect existing and proposed rural and low density residential uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage large lot residential subdivisions and to allow for limited residential development in environmentally sensitive areas. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-144 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-144 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the R-144 residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Public parks and playgrounds; 3. Public schools. 4. Churches, synagogues, and other places of worship; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; 9. Model homes, within an approved subdivision; 10. Aviaries; 11. Riding arena, rodeo grounds (private, unlighted); Ordinance 2003.16 Adopted 7/15/03 PAGE 23 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 12. Keeping of large and small livestock; 13. Keeping of ratites; 14. Stables, private; and, 15. Corrals, barns, and other animal-keeping structures as accessory to a primary residential use. D. Conditional Uses 1. Plant nurseries and greenhouses; 2. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 3. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises; 4. Accessory living quarters; 5. Communication facilities, subject to the requirements of Chapter 23; 6. Residential facilities for the disabled; 7. Modular Housing; 8. Riding arena, rodeo grounds (private, lighted) 9. Riding arena, rodeo grounds (public, lighted or unlighted); 10. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07; 11. Stables, public; 12. Kennels; 13. Keeping of rodents, fowl and swine; and, 14. Veterinary clinics (small or large). E. Temporary Uses 1. Christmas tree lot and other seasonal sales; and, 2. Temporary sales offices may be granted for a three (3) year period or until all homes in a subdivision are completed, whichever occurs first. Extensions to the three (3) year time limit may be granted if the property owner can demonstrate that the need for the temporary sales offices and/or model homes continues to exist. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; and, 4. Recreational vehicle parks and mobile home parks. G. Site Development Standards: Ordinance 2003.16 Adopted 7/15/03 PAGE 24 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT fiDE DRAFT The property development standards set forth in this section shall apply to all land, structures and buildings in the R-144 zone. 1. Lot area. The minimum lot size shall be one-hundred forty-four thousand (144,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one-hundred seventy-five (175) feet. b. Depth. Lots shall have a minimum lot depth of two-hundred (200) feet. 3. Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (Setback) shall be a minimum of forty (40) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of fifty (50) feet. c. The required rear yard (setback) shall be a minimum of fifty (50) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Ordinance 2003.16 Adopted 7/15/03 PAGE 25 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CDDE DRAFT 05.10.04 R-80 Residential A. Purpose The purpose of this Zoning District is to protect existing and proposed rural and low density residential uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage large lot residential subdivisions and to allow for limited residential development in environmentally sensitive areas. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-80 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-80 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the R-80 residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Public parks and playgrounds; 3. Public schools; 4. Churches, synagogues, and other places of worship; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; 9. Model homes, within an approved subdivision; 10. Aviaries; 11. Keeping of small and large livestock; 12. Keeping of ratites; Ordinance 2003.16 Adopted 7/15/03 PAGE 26 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 13. Keeping of fowl, rodents and swine; 14. Riding arena, rodeo grounds (private, unlighted); 15. Stables, private; and, 16. Corrals, barns, and other animal-keeping structures as accessory to a primary residential use. D. Conditional Uses 1. Plant nurseries and greenhouses; 2. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 3. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises; 4. Accessory living quarters; 5. Residential facilities for the disabled; 6. Communication facilities, subject to the requirements of Chapter 23; 7. Modular housing; 8. Riding arena, rodeo grounds (private, lighted); 9. Riding arena, rodeo grounds (public, lighted or unlighted); and, 10. Residential facilities for non-permanent occupancy including only bed and breakfast establishments. E. Temporary Uses 1. Christmas tree lot and other seasonal sales; and, 2. Temporary sales offices may be granted for a three (3) year period or until all homes in a subdivision are completed, whichever occurs first. Extensions to the three (3) year time limit may be granted if the property owner can demonstrate that the need for the temporary sales offices and/or model homes continues to exist. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically perm itted; 3. Multiple dwelling units; and, 4. Recreational vehicle parks and mobile home parks. G. Site Development Standards: The property development standards set forth in this section shall apply to all land, structures and buildings in the R-80 zone. 1. Lot area. The minimum lot size shall be eighty-thousand (80,000) square feet. 2. Lot dimensions. Ordinance 2003.16 Adopted 7/15/03 PAGE 27 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT a. Width. Lots shall have a minimum width of one-hundred twenty (120) feet. b. Depth. Lots shall have a minimum lot depth of two-hundred (200) feet. 3. Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of thirty (30) feet, except that any front yard (setback) adjacent to an arterial or collector road shall be forty (40) feet. b. The required side yard (setback) shall be a minimum of thirty (30) feet. c. The required rear yard (setback) shall be a minimum of forty (40) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Ordinance 2003.16 Adopted 7/15/03 PAGE 28 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOP:MENT CODE DRAFT 05.10.05 R-36 Residential A. Purpose. The R-36 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-36 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-36 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-36 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; 9. Model homes, within an approved subdivision; 10. Keeping of large and small livestock on parcels one acre or greater; 11. Stables, private; and, 12. Riding arena, rodeo grounds (private, unlighted). Ordinance 2003.16 Adopted 7/15/03 PAGE 29 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1 . Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 3. Group homes; 4. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 5. Aviaries; 6. Riding arena, rodeo grounds (private, lighted); and 7. Keeping of rodents and fowl. E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-36 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-36 zone. 1. Lot area. The minimum lot size shall be thirty-six thousand (36,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of thirty (30) feet. b. The required side yard (setback) shall be a minimum of fifteen (15) feet, with a street side yard (setback) having a minimum of twenty (20) feet. c. The required rear yard (setback) shall be a minimum of forty (40) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. Ordinance 2003.16 Adopted 7/15/03 PAGE 30 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT fiDE DRAFT 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the review and approval of the Town Council, subject to the process and requirements found in Section 8.05. 6. Building Mass. Any structure over two-stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Ordinance 2003.16 Adopted 7/15/03 PAGE 31 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 05.10.06 R-20 Residential A. Purpose. The R-20 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-20 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-20 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-20 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Residential Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest hose, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, 9. Model homes, within an approved subdivision; D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. Ordinance 2003.16 Adopted 7/15/03 PAGE 32 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 1. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 2. Day care center; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; 5. Accessory living quarters; and, 6. Aviaries. E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-20 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-20 zone. 1. Lot area. The minimum lot size shall be twenty thousand (20,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of twenty-five (25) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of thirty feet (30). b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of ten feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be fifteen (15) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. Ordinance 2003.16 Adopted 7/15/03 PAGE 33 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT fiDE DRAFT 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Building Mass. Any structure over two-stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Ordinance 2003.16 Adopted 7/15/03 PAGE 34 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 05.10.07 R-16 Residential A. Purpose. The R-16 single-family residential zone is primarily intended as a district for single-family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-16 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R-16 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R-16 single-family residential zone, subject to the Development Standards contained in this section. 1. One single-family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses -- The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1 . Day care center; Ordinance 2003.16 Adopted 7/15/03 PAGE 35 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 2. Residential facilities for non-permanent occupancy including only bed and breakfast establishments; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; and, 5. Aviaries. E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R-16 district are as follows: 1. All commercial and business uses, except those specifically permitted; and 2. Industrial uses. G. Property development standards-Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R-16 zone. 1. Lot area. The minimum lot size shall be sixteen thousand (16,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of eighty-five (85) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of Twenty (20) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of twenty-five (25) feet. b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of fifteen (15) feet. c. The required rear yard (setback) shall be a minimum of twenty (20) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be fifteen (15) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. c. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. Ordinance 2003.16 Adopted 7/15/03 PAGE 36 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT b. Building heights may be permitted to increase a maximum of twenty percent (20%) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Building Mass. Any structure over two-stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80%) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50%) of the total lot area. 8. Underground Utilities. All on-site utilities shall be placed underground on the site. Ordinance 2003.16 Adopted 7/15/03 PAGE 37 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 05.11.01 A. co Commercial Purpose The CO zone is intended to provide for the use of designated properties for professional offices and limited commercial facilities to serve the residents of Marana. It includes those uses related to medical, professional, financial, administrative, and interrelated uses. This zone is intended to prohibit most retail commercial uses which, more properly, belong in other commercial zones. It is also intended to provide multi-family residential opportunities and options to commercial and other higher-intensity districts. Location B. The following shall be considered in establishing and maintaining the CO zone: 1. Convenient and efficient vehicular access to an arterial or collector street. 2. Availability of land suitable for grouping of professional activities. 3. Availability of parcels whose general commercial use is less desirable and/or inappropriate. C. Permitted Uses The following uses may be permitted subject to demonstration of architectural compatibility with adjacent uses: 1. Residential Dwelling Units as permitted in Section 05.10.07. 2. Professional Offices: Law, architectural, engineering, planning, business and management consulting. 3. General Offices: Real estate, data processing, executive suites, photographic services, travel agents, research services, and administrative offices. 4. Medical and Dental: Offices, laboratories, clinics, and pharmacies; but not including drug stores. 5. Veterinary clinic, small. 6. Financial Services: Accounting, auditing, bookkeeping, tax consultation, collection agencies, credit services, insurance and investment, security and commodity brokers, dealers and exchanges, insurance and financial planning. 7. Public Service: Detective and protective services, employment services and public utility offices. 8. Such other comparable uses as determined by the Planning Administrator. D. Accessory Uses (Reserved) E. Conditional Uses. The following uses may be permitted subject to such additional conditions or limitations as may be imposed by the Town Council: 1. Restaurants and Cafes (not to include drive-ins or carry-outs) subject to: a. The facility is designed to preclude vehicular ingress and egress in conflict with existing or planned adjacent residential uses. b. The facility is located and designed to eliminate noise and/or odors. c. The facility is an integral part of the office building. 2. Private Schools: Business, music, dance, art, and vocational, which must be an integral part of the office building. Ordinance 2003.16 Adopted 7/15/03 PAGE 38 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 3. Special Retail: Specialty retail services such as florist, jewelry, barber and beauty shops, child care facilities, clothes cleaning and tailor shops, and such other compatible uses as may be determined by the conditional use process and which shall all be integral to the primary use as an office complex. 4. Banks and Savings and Loans. F. Temporary Uses.. (Reserved) G. Prohibited Uses -- (Reserved) H. Intensity Standards 1 . Residential On any parcel or unit of development, the following intensity standards apply: a. Dwelling Unit Density: There shall be no more than twenty-five (25) dwelling units for each acre of parcel area. b. Building Coverage: The sum of all buildings and structures shall cover no more than 40% of all land area developed. 2. Non-Residential The following standards shall apply: a. Building Coverage: The sum of all buildings and structures shall cover no more than 30% of all land area developed. b. Reserved. I. Site Development Standards. The following site development standards shall apply: 1. Street Frontage: minimum of 100 feet. 2. Lot Area: a. Multifamily: minimum of 3.0 acres. b. Non-Residential: none 3. Front yard: minimum of twenty-five feet. 4. Side Yard: minimum of fifteen feet for residential uses. No side yard is required for non-residential uses provided minimum building code requirements are met. However, a non-residential use adjacent to a residential zone shall have a minimum side yard of not less than 15 feet plus an additional 10 feet for each story over one story, or in excess of 18 feet in height, whichever is greater. 5. Street Side Yard: minimum of twenty-five feet. 6. Rear Yard: minimum of twenty-five feet. 7. Building Height: maximum of forty feet. Ordinance 2003.16 Adopted 7/15/03 PAGE 39 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT fiDE DRAFT 05.11.07 RESORT AND RECREATION ZONE PURPOSE AND INTENT The Resort and Recreation Zone is established to provide for the development and operation of temporary lodging, recreation opportunities and associated specialized commercial guest facilities while protecting adjacent land uses from inappropriate and adverse impacts. The intent is to provide for the designation and regulation of certain land uses that are primarily intended for visitors to the Town of Marana. The Resort and Recreation Zone may be applied to property that is best suited to accommodating the needs of the visiting public without inappropriate impacts upon the daily functioning of the community or inappropriate impacts upon surrounding properties. PERMITTED USES The following types of uses are allowed within the RR (Resort and Recreation) District as permitted uses. 1. Residential Facilities for nonpermanent occupancy including Bed and Breakfast Establishments, Hotels, Motels, Inn's, Timeshare Projects, Resorts and Guest Ranches. ACCESSORY USES The following are Accessory Uses and may be established only when a part of, or accessory to a permitted use. 1. Entertainment, cultural and recreation facilities including lawn bowling, exercise facilities, handball and racquetball facilities, archery ranges, tennis, swimming and spa facilities, volleyball courts, dinner theaters, museums, art galleries, nature walk trails and amusement game rooms. 2. Service and specialty uses including beauty and barbershops, health spas, gift shops, newsstands, and specialty food shops (including on-site preparation and service). 3. Restaurants, dining facilities, bars, cocktail lounges and specialty food shops (deli's) with or without alcohol (including on-site preparation and service), excluding drive-through facilities. 4. Conference and gathering facilities including meeting rooms and chapels, with or without provisions for catering into the facilities designed to serve 200 people or less in a single room. 5. Business offices for the resort. 6. Freestanding open air pavilions less than 1,000 square feet, for outdoor events. 7. Riding and hiking trails, excluding trails for motor vehicles. 8. Equestrian facilities and horse stables, excluding boarding of horses for commercial purposes. 9. Observatories. 10. Living quarters for persons employed and deriving a major portion of their income on the premises, if occupied by such persons and their immediate families. 11. Live entertainment for the enhancement of the guest's visit to the temporary lodging facilities, excluding sexually oriented performances. 12. Support facilities such as outdoor cooking areas, pool house, shade structures (ramada's and gazebo's) laundry facilities (for guests only), and other like uses as permitted by the Planning Director. Ordinance 2003.16 Adopted 7/15/03 PAGE 40 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 13. Campgrounds that may consist of temporary or permanent buildings, tent areas, or other structures (bunk houses, mess halls, etc.). 14. Motion picture studios and sets including the temporary use of domestic and wild animals in motion picture and television production, provided that said animals are kept and maintained pursuant to all applicable regulations, and are not retained on the premises for a period exceeding 60 days. CONDITIONAL USES The following are conditional uses and may be established only following the issuance of a Conditional Use Permit. 1. Entertainment and recreational facilities that are designed for large audiences such as rodeo (horse) arenas, auditoriums, stadiums, theme parks, water parks, zoos, wild animal parks and race tracks. 2. Outdoor activities such as go-cart tracks, skateboard parks, golf courses, shooting ranges, and off-road vehicle trails. 3. Convention centers/facilities that provide meeting rooms and a complete range of services including food preparation, assembly for more than 200 people in a single room, and/or an exhibit area exceeding 3,000 sq. ft. 4. Freestanding open-air pavilions greater than 1,000 square feet, for outdoor events. 5. Horse stables, for the purpose of boarding horses. 6. Amphitheaters. 7. Petting zoos. 8. Churches and other permanent places of worship. 9. Recreational vehicle spaces (with or without full hook-up) not to exceed the number of permanent guestrooms. These spaces are to be for the use of guests while staying at the resort. 10. Hot air balloon launch pads. 11. Helistops. 12. Residential, subject to the R-144 development standards. DEVELOPMENT STANDARDS The following development standards shall apply to development in the Resort and Recreation Zone. A. Site Planning A resort, and subsequent additions or expansions, shall be designed and developed in a manner compatible with, and complimentary to existing and future development in proximity to the project site. Site planning on the perimeter shall provide for the protection of the surrounding areas from potentially adverse influences within the development, including flooding, erosion, subsidence, sloping of the soil or other dangers, unreasonable site and noise annoyances or inconveniences. Condition of the soil, groundwater level, drainage and topography shall be appropriate to both kind and pattern of use intended. B. Lot Area and Density 1. Each development shall have a minimum lot area of ten (10) acres. Ordinance 2003.16 Adopted 7/15/03 PAGE 41 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT fiDE DRAFT 2. The minimum required lot area for each lodging unit shall be ten thousand square feet (4.36 units per acre). C. Yards 1. Front Yards a. There shall be a front yard of not less than forty (40) feet in depth where a parcel abuts an arterial or major collector. b. There shall be a front yard of not less than twenty-five (25) feet in depth where a parcel abuts other than an arterial or major collector street. 2. Side Yards a. Side yards - Minimum side yard - twenty (20) feet, except where the site abuts a lot that is residentially zoned, the minimum required yard shall be twenty-five (25) feet. b. Street side yards - Minimum street side yard - twenty-five (25) feet. 3. Rear Yards a. Minimum rear yard - twenty-five (25) feet. D. Building Separation (Distance between buildings) 1. Minimum distance between buildings a. Between two main buildings - twenty-five (25) feet. b. Between main building and accessory building/facilities - fifteen (15) feet. c. Between accessory and accessory - ten (10) feet. E. Building Height 1. No main building shall exceed fifty (50) feet in height; 2. No accessory building or other structure shall exceed forty (40) feet; 3. In conjunction with a Conditional Use Permit application, the Planning Commission may allow an increase to the building height up to an additional fifty percent (50%) of the allowable, provided that the applicant provides acceptable justification for the need to exceed the height limit. F. Building Mass Any structure over two- stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. G. Lot Coverage Buildings, including accessory buildings, shall not cover a total of more than forty percent (40%) of the area of any lot. H. Landscape Requirements The following yards and areas shall be developed into and permanently maintained as landscaped areas containing ground cover, trees, and shrubs: 1. A minimum twenty-five (25) feet of required front yard shall be landscaped. 2. A minimum twenty-five (25) feet of any street side yard shall be landscaped. 3. A minimum twenty-five (25) feet improved landscaped area shall be provided where the site abuts any residentially zoned property. Ordinance 2003.16 Adopted 7/15/03 PAGE 42 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 4. The twenty-five (25) foot landscaped areas along all street frontages shall use desert plant materials and inorganic groundcover, together with a 6' decorative masonry screen wall. A landscape plan shall be submitted and approved that provides enhanced vegetation of such a variety and density so as to establish both canopy and ground planting. Trees shall be planted every 20- feet on center with a minimum of 25% to be 24" box or greater. 5. Landscaped islands shall be provided to accommodate a minimum of one tree for every six parking stalls within the parking area. 6. Screening shrubs and trees are required and shall be permanently maintained adjacent to the fencing and property lines in conformance with the Screening and Bufferyard requirements of the Land Development Code. 7. A minimum landscaped area equal to at least fifteen (15) percent of the required parking area to be evenly distributed throughout the parking area and adjacent to buildings shall be provided. Plant materials shall be chosen so that within five (5) years of installation, planting materials shall achieve a thirty-five percent shading of the paved/parking areas. 8. The Planning Commission may approve an alternative proposal, equal to or exceeding the landscaped area provisions provided herein, subject to review and approval. I. Parking Requirements The minimum parking requirements are as follows: 1. The Resort shall provide a minimum of one and a quarter (1.25) parking spaces for each sleeping room. If there are other uses operated in conjunction with and/or as part of the resort, additional off-street parking spaces shall be provided per the requirements listed in the Off-Street Parking Section of the Development Code (i.e. restaurant, office, recreational areas, etc.). 2. In a resort with more than 200 rooms and for uses such as restaurants, meeting rooms and recreational amenities, the required number of parking spaces may be reduced to account for the shared use of parking spaces and to minimize the impact of paved parking areas on the resort environment. 3. At least one (1) bus/recreational vehicle parking stall with minimum measurements of 50' x 12' shall be provided and maintained for each twenty-five (25) rooms, to be located on the same lot as the resort. J. Fencing 1. Where development occurs within 100 feet of a residentially zoned property, a solid opaque wall six (6) feet high or appropriate opaque landscape buffering as approved by the Planning Director shall be installed and thereafter maintained by the owner of property in this zoning district on all common property lines with residentially zoned property or with property designated as residential in the Town of Marana General Plan. 2. The screen walls shall be constructed of, or painted, with graffiti-resistant materials. The screen wall adjacent to the public rights-of-way shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse textured material such a stucco or plaster, or (f) a combination of the above materials. Any continuous wall greater than fifty (50) feet in length shall include variation in the wall alignment such as jogs, curves, notches, setbacks, etc.. and shall include trees or shrubs in the voids created by the variations. K. Access and Circulation Ordinance 2003.16 Adopted 7/15/03 PAGE 43 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT mDE DRAFT 1. All lots shall have frontage on and vehicular access from a dedicated street unless alternative frontage and/or permanent vehicle access has been accepted by the Planning Director and Town Engineer. 2. Traffic congestion must be minimized through satisfactory level of service ratings regarding all related circulation elements. Consideration of adequate queueing, turning lanes, loop roads, and other site-specific design aspects is essential. These design aspects must also account for anticipated traffic generation levels. These design aspects must similarly account for and minimize the generation of particulate matter, noise, and any other relevant environmental impact created directly or indirectly by the project. 3. All facilities shall include adequate service and emergency access. When appropriate, the Town encourages these routes to be designed to perform double duty with pedestrian, equestrian, and bicycle routes through the use of special paving materials and textures. 4. Any project in which the range and frequency of travel demand and volume is dynamic with respect to the scheduling of events, holidays, or other intensely organized gatherings must provide for primary, secondary, and possibly tertiary circulation methods to ensure safe, mobile, and efficient interaction. L. Lighting Lighting shall reflect away from residential areas and comply with the Town of Marana adopted outdoor lighting code. The light source of any outdoor lighting shall be shielded from adjoining properties and shall be the minimum intensity needed to serve the intended purpose. All lighting shall be directed down and away from residential parcels and public roadways and shall be as low in elevation as possible. M. Signage On-site signage shall be limited to one low-profile freestanding ground monument sign per street frontage, not greater than 5 feet in height and 25 square feet in area. The sign shall be setback a minimum of 5 feet from the property line and shall be designed to be architecturally compatible with the facility building and constructed with the same or similar materials. N. Trash Disposal Each property shall provide adequate and accessible trash disposal areas, as accepted by the Planning Director. Disposal areas shall be screened from public view by a masonry enclosure, with solid gates, at least five (5) feet in height and able to adequately screen the trash and trash receptacle. O. Noise Impact Noise impact shall be considered and incorporated in the design of all facilities and uses to minimize the impact on adjacent residential properties. When appropriate an acoustical analysis will be required as part of the review process. Intrusive noise level. An event or development shall be considered to produce a noise disturbance if the sound level emitted by said development exceeds the following at the property line: · During the hours of 7:00 a.m. to 10:00 p.m. not to exceed 55 decibel. · During the hours of 10:00 p.m. to 7:00 a.m. not to exceed 45 decibel. P. Nuisance Ordinance 2003.16 Adopted 7/15/03 PAGE 44 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT All uses shall be so located, constructed, and operated so as not to constitute a public nuisance because of dust, gas, smoke, noise, fumes, odors, vibrations, glare, appearance or other public nuisances. Q. Improvement Standards The Planning Director and Town Engineer may make Administrative Modifications to the established development standards based on the following procedures: 1. The applicant shall submit a letter, addressed to the Planning Director, regarding the following: a. How and why the applicant finds there exist extraordinary conditions and/or other circumstances such that the strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the proposed resort project; b. The improvements would be inconsistent with the general intent of this zone or the project and that there are exceptional circumstances or conditions applicable to the subject property which make the standard in question unfair, oppressive or not in keeping with the resort theme. 2. In addition, the letter shall explain how the request meets all of the following conditions necessary to granting an Administrative Modification to the required Development Standards of the Land Development Code: a. The proposal is consistent with the Town of Marana General Plan; b. With the exception of the requested waiver, the proposal complies with the Land Development Code and other applicable provisions of the Town of Marana Municipal Code, and, if applicable, the Northwest Marana Area Plan; c. The site is of a sufficient size and configuration to accommodate the design and scale of proposed development, including buildings and elevations, landscaping, parking and other physical features of the proposal; d. The design, scale and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, will not create traffic or pedestrian hazards, and will not otherwise have a negative impact on the aesthetics, health, safety or welfare of neighboring uses; e. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood, will enhance the visual character of the neighborhood, and will provide for the harmonious, orderly and attractive development of the site; f. The design of the proposed development will provide a desirable environment for its occupants, the visiting public and its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; and g. The Modification on the proposed development is compatible with and enhances the design of existing buildings and other physical features of the site. Neither the Planning Director or Town Engineer may in their deliberations grant approval of an Administrative Modification unless it has first been determined, based on the evidence, that all of the following findings can be made: 1. The strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the proposed resort and would be inconsistent with the general intent of this zone or the project; Ordinance 2003.16 Adopted 7/15/03 PAGE 45 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 2. There are exceptional circumstances or conditions applicable to the subject property which make the standard in question unfair, oppressive or not in keeping with the resort theme; and 3. The granting of the waiver would not be materially detrimental to the public health, safety and welfare, nor injurious to the property or alternative improvements thereon in the immediate vicinity. The Town shall provide a written response within fifteen (15) days of receiving the modification request approving or denying said request with the reason(s) why. DEFINITIONS Amphitheater: An amphitheater, for the purposes of this code, shall be defined as any facility, staging area, and/or physical structure, accessory or otherwise, that increases the amplification of sound through electronics, physical design, and/or any other means that is intended to serve and accommodate assembly for more than 200 people. This shall include any substantial grading or construction that creates the necessary acoustical geometry to amplify sound. An amphitheater shall not explicitly be characterized by a below grade, circular, or enclosed structure, but by the site's intent: the amplification of sound for the purposes of public or private entertainment. Such activities, consistent with the amphitheater's design and limitations, shall be subject to specific noise, parking, and safety regulations. Bed and Breakfast: A private residence that offers sleeping accommodations to lodgers in ten or fewer rooms for rent, in the innkeeper's (owner/operator) principal residence while renting rooms to lodgers; and serves breakfasts at no additional cost to its lodgers. For the purpose of this definition, a lodger means a person who rents a room for a limited contractual time, typically fewer than 21 consecutive days. Buildino Mass: The height, width and depth of a structure. Camporounds: A portion of the property upon which two or more campsites are located, established or maintained for occupancy by camping units (excluding Recreational Vehicles) as temporary living quarters for recreation, education or vacation purposes. Guest Ranch: A use incorporating ten (10) or more guest rooms that includes outdoor recreational facilities such as, but not limited to, horseback riding, swimming, tennis courts, barbecue and picnic facilities, and dining facilities intended primarily for use by the guests of the guest ranch. Helistop: An area designed to be used for the landing and takeoff of one helicopter and other facilities as may be required by federal and/or state regulations, but not including operation facilities such as maintenance, storage, fueling or terminal facilities. Resort: A group or groups of buildings, containing guest rooms, with a portion of the site providing recreational activities that may include, but shall not be limited to, golf, horseback riding, swimming, tennis, health spa, conference rooms and similar activities. A resort may furnish services customarily provided by hotels, including restaurants, cocktail lounges and convention facilities. Timeshare Proiect: A project in which a purchaser receives the right in perpetuity, or for a specified term of years, to exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided, or a project in which a purchaser receives license or contractual or membership right of occupancy; except that a project in which such right to exclusive use or occupancy is available only for intervals of more than 21 days shall not be, considered a time-share project. Ordinance 2003.16 Adopted 7/15/03 PAGE 46 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 05.11.08 Mixed-Use - MU-1 A. Purpose The purpose of the Mixed Use Zoning District is to promote, and regulate existing low density mixed uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage orderly growth in semi-rural areas, as well as provide for semi-rural residential uses. In addition, this zone is intended to allow limited commercial and industrial development where appropriate and designed to be compatible or provide the appropriate buffers where potentially incompatible uses are proposed with the surrounding uses. This zone is to be located only where existing mixed-uses are historically located and the area is transitioning into a more intensive use area. B. Permitted Uses 1. One single-family detached home or caretakers quarters (Site built or Manufactured); 2. Antique shop; 3. Automobile repair garages, provided that no machining is conducted on the premises; no outdoor storage of parts or outdoor parking of automobiles waiting for service for more than seven (7) days; 4. Aviaries; 5. Barber and beauty shop; 6. Blacksmith shop; 7. Carpentry, upholstery & furniture repair; 8. Churches, synagogues, and other places of worship; 9. Construction/contractor's yards; 10. Crop production; 11. Feed store; 12. Foster and group homes; 13. Grazing and raising of large and small livestock; 14. Kennels; 15. Massage therapy establishments; 16. Plant nurseries and greenhouses; 17. Private stables; 18. Professional offices, not including medical (see CUP Section); 19. Raising and marketing of poultry, rabbits and small animals; 20. Repair shops for appliances, bicycles, etc.; 21. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises; 22. Second hand store; 23. Trucking operations and yards; 24. Veterinary clinics, small; Ordinance 2003.16 Adopted 7/15/03 PAGE 47 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT 25. Uses similar to those listed above in this section, as determined by the Planning Director. C. Accessory Uses (Uses incidental to a permitted established use) 1. Corrals, barns & other animal-keeping structures; 2. Detached accessory buildings and structures; 3. Fences and walls; 4. Game courts, unlighted; 5. Garage, enclosed storage, or barn; 6. Guest quarters, provided that no kitchen is provided; 7. Home occupations; 8. Riding arena, rodeo grounds (private, unlighted); and, 9. Swimming pools. D. Conditional Uses (Subject to Special Approval Procedure and Conditions) 1. Additional building height; 2. Apiaries; 3. Commercial riding stables and boarding stables; 4. Game courts, lighted; 5. Health care facilities, including clinics, offices and laboratories; 6. Keeping of ratites; 7. Keeping of swine; 8. Livestock auction yards; 9. Stables, public; 10. Manufacturing, processing and assembly; 11. Mini-storage and/or recreational vehicle storage facilities; 12. Restaurants; 13. Riding arena, rodeo grounds (private lighted, or any public); 14. Sexually Oriented Business, subject to Article 9-6 of the Marana Town Code; 15. Veterinary clinic, large; and, 16. Warehouse facilities. E. Performance Standards The following limitations shall apply to the conduct of uses within the Mixed-Use Zone: 1. More than one use may be permitted on a single parcel if the following criteria can be met: a. The total of all uses on a single parcel, shall not exceed the Pima County Department of Environmental Quality and other applicable codes and ordinances for individual sewage disposal system, this includes lot area, number of fixtures, required engineering plans, etc. b. Each type of use (residential, commercial and industrial) shall have its own separate pedestrian entrance; Ordinance 2003.16 Adopted 7/15/03 PAGE 48 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT c. Adequate bufferyards are provided between incompatible uses; d. Parking and vehicular accesses are separate between incompatible uses; e. The proposed use does not exceed the standards of the applicable codes and ordinances of the Town nor create any overburden of public or private streets, utilities, emergency services and/or facilities, and; 2. No outdoor storage of equipment or materials shall be permitted unless screened, by a permanent opaque decorative wall at least six feet in height or by a combination of solid wall or fence and landscape screening accepted by the Town. 3. No use shall be established, maintained or conducted within the Mixed-Use zone which may cause the dissemination of smoke, gas, dust, odor or any other atmospheric pollutant that is in violation of Pima County Department of Environmental Quality. Every use shall be so operated that it does not emit dust, heat, glare or vibration in such quantities or degree as to be readily detectable on any property line of the lot upon which it is located. 4. No use shall result in the creation of traffic hazards or undue congestion of any public street or private access. F. Development Standards The following standards shall apply to all developments within the Mixed-Use Zone: 1. General Development Standards. a. Minimum lot area shall be 43,560 square feet (1 acre); b. Minimum lot width shall be 100 feet; c. Minimum lot depth shall be 100 feet; d. Minimum required building setback abutting a street or ingress/egress easement shall be 30 feet. Fifty percent of such setback area shall be landscaped and shall remain as open space, free from structures and parking/loading areas. e. Minimum side and rear setbacks shall be 25 feet. A minimum of 10 feet of the setback area shall be landscaped and shall remain free from structures; This setback may be reduced to include driveways, screening walls, parking if a permanent opaque decorative screening wall five (5) feet in height is constructed along the property line; f.Building Separation. The minimum distance between two primary structures shall be twenty (20) feet. The minimum distance between all other structures shall be ten (10) feet; g. Setback Exceptions. Architectural features such as, but not limited to, eaves, chimneys, bay windows, overhangs, awnings, porches and similar architectural features may encroach into setbacks by no more than four (4) feet, subject to compliance with applicable standards of the applicable Building and Fire Codes; h. Maximum lot coverage shall not exceed a total of 55 percent for each parcel; i. Maximum building height shall be 24 feet. In conjunction with a Conditional Use Permit application, the Planning Commission may allow Ordinance 2003.16 Adopted 7/15/03 PAGE 49 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT an increase to the building height, provided that the applicant provides acceptable justification for the need to exceed the height limit; 2. Landscaping The intent of the Landscaping requirements is to provide residents and businesses with attractive landscaping that creates an interesting streetscape, and provides a safe and effective transition between potentially incompatible land uses. In addition, these requirements regulate the protection of native vegetation as a significant natural resource. All development within the Mixed-Use Zone shall provide site landscaping, including the: bufferyard, parking lot and any applicable screening as required herein and in accordance with Title 17 of the Marana Land Development Code. 3. Access and Off-Street Parking The number, size and design of all parking spaces, driveways and loading areas for all development within the Mixed-Use Zone shall comply with the provisions of Title 22 of the Marana Land Development Code and the following requirements listed below: a. Per Title 6 of the Land Development Code, all lots must abut a Public Street (06.03.03.8), or a private street improved to a standard satisfactory to the Town; b. Access control and driveway locations will be evaluated per Town of Marana standards. Joint driveways are desirable whenever possible in order to minimize the number of access points to streets and access easements; c. All parking shall be off-street in paved, landscaped parking areas, and; 4. Signs Sign standards are hereby established to promote a quality visual appearance throughout the Mixed-Use Zone; to allow individual businesses to clearly identify themselves and the goods and services offered; to create a unique environment to attract visitors; to safeguard and enhance property values; to reduce potential hazards to motorists and pedestrians; and to eliminate excessive and confusing sign displays. All signs for developments within the Mixed-Use Zone shall comply with the provisions of Title 16 of the Marana Land Development Code and the following additional sign requirements: a. Materials, colors and shades of proposed signs shall be compatible with the related building(s) on the property; b. Monument, wall-mounted and free-hanging signboards shall be the approved styles; c. Signage shall be limited to one (1) freestanding sign for each street frontage and one (1) wall sign (near the main entrance). In cases where there are multiple tenants, each tenant within the property shall be allowed one (1) wall sign (near each main entrance, the sign area shall be determined by Section 16-14-2; d. Freestanding signs shall be limited to double-faced, ground-mounted monument style, with proper landscaping in accordance with Section 16-14-4. Freestanding pole signs are prohibited; Ordinance 2003.16 Adopted 7/15/03 PAGE 50 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT e. Freestanding signs shall not exceed eight (8) feet in height (from grade to the top of sign) and 40 square feet per side and shall be located in such a manner that does not create a traffic hazard, and; f. Changeable letter boards may make up no more than 20 percent of the area of a freestanding sign. 5. Screening To create an attractive environment and visually screen land uses that are not fully compatible, the following standards shall apply to all development within the Mixed-Use Zone: a. Service Entrances and/or Loading Areas. All service entrances, loading areas and spaces must be screened from the abutting property and view from a public street. Such screening shall consist of a minimum five (5) foot wide planting strip consisting of trees, decorative walls and/or landscaping combination that will provide a six (6) foot high barrier; b. Dumpsters and Trash Handling Areas. All dumpsters and trash handling areas shall be enclosed and screened from public view. These areas shall be constructed of materials and colors compatible with those of the primary building(s). Chain link fencing (with or without slats) is not permitted; c. No articles, materials, trash, equipment or inoperable vehicles shall be stored or kept in the open or be visible from the street, ingress/egress easement, and/or adjacent properties. This limitation does not apply to temporary storage of materials, equipment and supplies needed for the construction of improvements on a site, provided such items are completely removed immediately upon completion of the applicable phase of construction, and; d. Utilities. All utilities including electric power, telephone, gas and water shall be located underground. Utilities shall be coordinated with landscape plans to ensure proper screening and landscaping around utility vaults, box transformers, etc. 6. Lighting Site lighting should serve functional, safety and aesthetic purposes. Site and security lighting shall be designed to enhance the safety and quality of the development. Screening of lights from residential areas and glare from traffic areas shall be required. All site lighting shall be in compliance with the adopted Marana Outdoor Lighting Code. Ordinance 2003.16 Adopted 7/15/03 PAGE 51 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT TITLE 8 GENERAL DEVELOPMENT REGULATIONS SECTIONS: 08.01 08.02 08.03 08.04 08.05 Building Permits Required, Procedure Therefor (Reserved) Adoption of the Uniform Building, Plumbing, and Electrical Codes, with Exceptions Animal Keeping and Related Structures Building Height Increase 08.04 Animal Keeping and Related Structures Any person desiring to keep animals and or animal related structures for economic value and or otherwise shall maintain those animals and structures consistent with all policies, regulations, and or adopted bylaws of the Town of Marana. The regulation of animal keeping and related structures established specific to this section shall apply to new development activity appurtenant to the keeping of animals on and or after the effective of date of this section. This section has been promulgated to provide minimum regulations for the protection of public health, animals, and the environment. Please refer to Chapter 6 of the Marana Town Code for Animal Control Regulations applicable within the Town of Marana. 08.04.01 General Maintenance 1. Animal keeping and related structures shall be arranged, conducted and or maintained so that: A. The animal keeping area is completely enclosed within an approved fence consistent with the quantity, age, and disposition of the animal(s) being kept. B. Construction materials are non-toxic. C. Insects, vermin, odors, noises, manure, garbage and or other noxious materials or practices do not compromise the public's health. D. No condition of said use or structure restricts the rights of the adjacent property owner to enjoy the use of their property. E. Adequate water facilities are provided that prevent ponding of water. F. Feeding occurs on impervious surfaces, as appropriate. G. Frequent or continuous barks, squawks, and or other animal related sounds are not audible to adjacent residential structures. H. Generation of dust is minimized. I. Outdoor lighting does not generate glare in the direction of streets and or adjacent properties; and is consistent with the Town of Marana Lighting Code. 2. Any person keeping animals shall ensure: A. Animals are provided with food of sufficient quality and quantity, and food is appropriate to the species, disposition, and age of the animal. B. Water is available at all times. C. Animals have convenient access to a structure which provides shade from direct sun light. Ordinance 2003.16 Adopted 7/15/03 PAGE 52 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT D. Animal structures are designed to minimize the spread of disease. E. Animals are provided with sufficient medical treatment and care. F. Opportunity for periodic exercise, under appropriate control, sufficient to maintain good health. G. Animal keeping structures are designed to minimize the risk of animal injury and are of a size of space conducive to the animal's good health. H. Tie-outs are located so that they cannot become entangled. I. Manure is removed from any animal keeping structure or area in a timely manner and handled or disposed of in a manner free of health hazard or nuisance. Mound storage shall not be permitted on a lot less than 5 acres and shall not be allowed to drain, contaminate, or pollute any watercourse or riparian area. J. Animals have access to a structurally sound, properly ventilated, sanitary and weatherproof structure which provides relief from exposure to severe weather conditions and is suitable for the species, conditions and age of the animal(s) being kept. K. Any public and or commercial animal keeping practice provides a schedule for cleaning and maintaining structures. Said schedule shall be posted on or near the structure being maintained in a manner clearly visible to the public. L. No rental animal including, but not limited to, horses and mules, shall work more than eight hours a day. There shall be a rest period of a minimum of15 minutes for every two working hours. During such rest periods, the person in charge of such rental animal shall make sufficient fresh water available. 3. Nothing in this section shall be deemed to prohibit the use of animal manure or droppings on any farm, garden, lawn or ranch in a manner compatible with customary methods of good horticulture. 4. Slaughtering for purposes other than for owner's consumption shall be prohibited in all residential districts. 08.04.02 Development Standards Unless otherwise noted; the regulation of animal densities permitted within this sub-section shall not apply to un-weaned animals or household pets. Certain omissions to the following sub-section regulations may be made when animal keeping and related structures are sponsored by the 4-H Club, Future Farmers of America or other similar nonprofit organization, provided that a letter of authorization from the sponsoring organization is submitted to the Town acknowledging that the project is in fact sponsored by the organization, describing the project and stating its length of time. 1 . Apiaries A. Beekeeping is prohibited in residential zones and or any lot less than five (5) acres. The keeping of any bees shall require the construction of an apiary. B. Colonies shall be maintained in movable-frame hives. C. Hives shall be erected using a hive stand which separates the hive's bottom boards from directly contacting the ground. D. Colonies shall be maintained to reasonably prevent undue swarming or aggressive behavior. E. Colonies shall be re-queened following any swarming or aggressive behavior. F. Four (4) colonies shall be permitted for every 10,000 square feet of parcel area. Ordinance 2003.16 Adopted 7/15/03 PAGE 53 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOP1v1ENT CODE DRAFT G. Apiaries shall be set back a minimum of 100 feet from any adjacent residential property line and a minimum of 60 feet from all other property lines. 2. Aviaries A. The practice of bird keeping within a primary structure shall be limited to 15 birds and shall not require the construction of an accessory structure and/or aviary. B. The keeping of more than 100 hundred birds is prohibited in and/or adjacent to a residential district. C. No person shall keep birds outside of their primary structure without erecting an aviary. D. A minimum of 1.5 square feet shall be provided for each bird. E. Except in the AG Zone, aviary length or width shall not exceed 50 linear feet, nor shall the height exceed the maximum height for structures of the applicable zoning district. F. A single aviary shall not exceed 2,000 square feet. G. Perches shall be provided for perching species in a manner that allows the bird(s) to stretch to its full height without its head touching the top, or its tail touching the bottom, of the aviary. H. Aviaries shall be set back a minimum of 60 feet from any property line. I. A minimum of 20 feet shall be provided between any residential structure and aviary. 3. Stables, Private A. Minimum lot size shall be 1 acre. B. One animal shall be permitted for every 10,000 square feet of lot area. C. Animals shall be confined within a stock-tight fence or corral. D. Stables shall be setback a minimum 60 feet from all property lines. E. Corrals shall be setback a minimum 30 feet from the front property line. F. A minimum of 400 square feet of fenced area shall be provided for each animal. 4. Stables, Public A. Minimum lot size shall be five (5) acres. B. All animal structures shall be set back a minimum of 200 feet from any adjacent residential property line and 100 feet from all other property lines. C. Corrals shall be set back a minimum of 30 feet from front property line. D. A minimum of 400 square feet of fenced area shall be provided for each animal. 5. Kennels A. Minimum lot size shall be one (1) acre. B. Structures shall be set back a minimum of 60 feet. C. Fenced area accessory to the kennel (such as but not limited to a dog run) shall be set back a minimum of 30 feet from any property line. 6. Fowl A. B. C. Minimum lot size shall be one (1) acre. A maximum of forty (40) animals per acre shall be permitted. Structures shall be set back a minimum of 60 feet from any property line. 8. Livestock/ Large A. Minimum lot size shall be 1 acre. B. One animal shall be permitted for every 10,000 square feet of lot area. Ordinance 2003.16 Adopted 7/15/03 PAGE 54 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT C. Animals shall be confined within a stock-tight fence or corral. D. Animal structures shall be set back a minimum of 60 feet from all property lines; corrals shall be set back a minimum of 30 feet from front property line. E. A minimum of 400 square feet of fenced area shall be provided for each animal. 9. Livestock/ Small A. Minimum lot size shall be 1 acre. B. One animal shall be permitted for every 5,000 square feet of lot area. C. Animals shall be confined within a stock-tight fence or corral. D. Animal structures shall be set back a minimum of 60 feet from all property lines; corrals shall be set back a minimum of 30 feet from front property line. E. A minimum of 200 square feet of fenced area shall be provided for each animal. 10. Ratites A. B. C. D. Minimum lot size shall be two (2) acres. One ratite shall be permitted for every 10,000 square feet of lot area. Animals shall be confined within minimum six-foot-high stock-tight fenced corrals. The minimum setback for structures shall be 60 feet from any property line; the minimum setback for corrals is 30 feet from any property line. 11 . Riding Arena, Rodeo Grounds A. Minimum lot size shall be three (3) acres for commercial and or public arenas and grounds. B. Minimum lot size shall be one (1) acre for arenas and grounds for private recreation and training. C. Minimum required setbacks for all arenas and or rodeo facilities such as but not limited to a chute shall be 100 feet from any property line. D. A minimum of 400 square feet of fenced arena or grounds shall be provided for each animal. E. Rodeo Grounds practices and maintenance shall be consistent with the Pima County 4-H and FFA Livestock and Small Stock Show Code of Ethics. 12. Rodents A. Minimum lot size shall be one (1) acre. B. A maximum of forty (40) animals per acre shall be permitted. C. Structures shall be set back a minimum of 60 feet from any property line. 13. Swine A. B. C. 08.04.03 Enforcement D. Minimum lot size shall be one (1) acre. One (1) swine per acre shall be permitted for a parcel smaller than 5 acres. The minimum setback for a swine related structure and or pen on a lot less than 5 acres shall be 100 feet from any property line. On a parcel 5 acres or greater, all swine related structures and or pens shall be located on the half of the property opposite of the highest classified street adjacent to the subject property. The minimum required setback for any pen or structure on a lot containing 5 or more swine shall be 300 feet from any property line. The keeping of five or more swine shall be prohibited within a residential district. E. F. Ordinance 2003.16 Adopted 7/15/03 PAGE 55 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOP1v1ENT CODE DRAFT Upon finding by the Town that a violation of this section exists under application and or review for new development the applicable permit or authorization shall be withheld. 08.04.04 Severability Each part of this section shall be construed as separate; if any part of the section shall be held invalid for any reason, the remainder of the section shall remain applicable. This section shall not apply to open range as determined under Arizona Revised Statutes. 08.04.05 Administrative Relief The Planning Director may make administrative modifications to any standard established through Section 08.04 of the Land Development Code based on the following procedure. The applicant shall submit a letter, addressed to the Planning Director, regarding the following: 1. How and why the applicant finds there exists extraordinary conditions and/or other circumstances such that the strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the proposed animal keeping. 2. The improvements would be inconsistent with the general intent of this zone or the project and that there are exceptional circumstances or conditions applicable to the subject property which make the standard in question unfair, oppressive or not in keeping with customary animal keeping practices. 3. The proposal is consistent with the Town of Marana General Plan. 4. With the exception of the requested waiver, the proposal complies with the Land Development Code and other applicable provisions of the Town of Marana Municipal Code, and, if applicable, the Northwest Marana Area Plan. 5. The site is of a sufficient size and configuration to accommodate the design and scale of proposed development, including buildings and elevations, landscaping, parking and other physical features of the proposal. 6. The design, scale and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, will not create traffic or pedestrian hazards, and will not otherwise have a negative impact on the aesthetics, health, safety or welfare of neighboring uses. 7. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood, will enhance the visual character of the neighborhood, and will provide for the harmonious, orderly and attractive development of the site. 8. The design of the proposed development will provide a desirable environment for its occupants, the visiting public and its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 9. The Modification on the proposed development is compatible with and enhances the design of existing buildings and other physical features of the site. Ordinance 2003.16 Adopted 7/15/03 PAGE 56 OF 57 DRAFT TOWN OF MARANA, ARIZONA LAND DEVELOPMENT CODE DRAFT The Planning Director may not grant approval of an administrative modification unless it has first been determined, based on the evidence, that all of the following findings can be made: 1. The strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the proposed animal keeping and would be inconsistent with the general intent of this zone or the project; 2. There are exceptional circumstances or conditions applicable to the subject property which make the standard in question unfair, oppressive or not in keeping with customary animal keeping practices; and 3. The granting of the waiver would not be materially detrimental to the public health, safety and welfare, nor injurious to the property or alternative improvements thereon in the immediate vicinity. The Town shall provide a written response within fifteen (15) days of receiving the modification request approving or denying said request with the reason(s) why. Ordinance 2003.16 Adopted 7/15/03 PAGE 57 OF 57