Planning and Zoning Commission Meeting

Planning & Zoning Commission Meeting Agenda Pursuant to A.R.S. § 38-431.02 notice is hereby given to the public that the Sahuarita Planning & Zoning Commission will hold a meeting at the date and time specified below at the Sahuarita Council Chambers, 375 West Sahuarita Center Way, Sahuarita, AZ. To better serve our community, the Sahuarita Council Chambers is wheelchair accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk’s Office at 520-822-8801. Requests should be made no later than three (3) working days prior to the meeting to arrange the accommodation. PLANNING & ZONING COMMISSION REGULAR MEETING AGENDA MONDAY, DECEMBER 3, 2018 at or after 6:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES FOR PLANNING & ZONING COMMISSION MEETING OF AUGUST 6, 2018 A. August 6, 2018 Draft Minutes 5. CALL TO THE AUDIENCE At this time, any member of the public is allowed to address the Board on any issue not already on tonight’s agenda. Pursuant to the Arizona Meeting Law, the speaker’s comments may not be considered, discussed or even answered by the Board at this meeting, but may, at the discretion of the Board, be placed on a future agenda for discussion/action. 6. ELECTIONS A. Elections Memo 7. PUBLIC HEARING: Zoning Code Amendment - Private School Requirements Regular Meeting Agenda- December 3, 2018 Page 1 of 2  PLANNING & ZONING COMMISSION MEETING AGENDA A. Public Hearing: Zoning Code Amendment – Private School Requirements: A zoning code text amendment to Chapters 18.17 (SR Suburban Ranch Zone), 18.21 (R-1 Single Residence Zone), 18.25 (R-3 Single Residence Zone), 18.27 (R-4 Mixed Dwelling Type Zone), 18.33 (MH-1 Town Manufactured and Mobile Home – 1 Zone), and 18.35 (MH-2 Manufactured and Mobile Home – 2 Zone), the purpose of which is to decrease the minimum lot size for private schools to 1 acre, in accordance with state law (Case No. SA8-18-00005). 8. PLANNING & BUILDING DIRECTOR'S REPORT 9. FUTURE AGENDA ITEMS 10. ADJOURNMENT Regular Meeting Agenda- December 3, 2018 Page 2 of 2  4.A.a Planning & Zoning Commission Meeting Minutes REGULAR MEETING MINUTES AUGUST 6, 2018 The Mayor and Council of the Town of Sahuarita met in the Sahuarita Council Chambers, 375 West Sahuarita Center Way, Sahuarita, AZ 85629 on Monday, August 6, 2018. Attachment: 8-6-18 P&Z Draft Meeting Minutes (August 6, 2018 Draft Minutes) 1. CALL TO ORDER The meeting was called to order at 6:02 PM by Commissioner Ken Woodward. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL A. Roll Call Present: John Backer, Commissioner Ken Woodward, Commissioner Michael Hernandez, Commissioner Cathy Maghran, Commissioner Absent: Tim Trosper, Chair Jenna Reilly, Vice Chair Nathan Barrett, Commissioner 4. APPROVAL OF MINUTES FOR PLANNING & ZONING COMMISSION MEETING Approval of Minutes for Planning and Zoning Commission Meeting for July 9, 2018 RESULT: APPROVED [UNANIMOUS] MOVER: Cathy Maghran, Commissioner SECONDER: John Backer AYES: John Backer, Ken Woodward, Michael Hernandez, Cathy Maghran ABSENT: Tim Trosper, Jenna Reilly, Nathan Barrett 5. CALL TO THE AUDIENCE Regular Meeting Minutes‐ August 6, 2018 Page 1 of 5 Packet Pg. 3  PLANNING & ZONING COMMISSION MEETING MINUTES 4.A.a Mr. Robert Barry asked why the new road at The Crossing is incomplete. Sarah More, Planning and Building Director will put Mr. Barry in contact with the Public Works department. 6. PUBLIC HEARING Temporary Off‐Site Sign Plan for Meritage Homes at Madera Highlands (Case No. SA9‐18‐ 00008) Acting Chair Ken Woodward called for continuance of the public hearing to begin at 6:06 pm. Anna Casadei, Planning and Zoning Manager, presented the staff report. Discussion ensued between the commission and Donavaughn Howe, Arrow Graphics Operations Manager. The Attachment: 8-6-18 P&Z Draft Meeting Minutes (August 6, 2018 Draft Minutes) request reflects a decrease in signs from 30 to 20, with two of those signs placed outside of town limits. There will be a minimum of a 10' setback from the road. The plan would be approved for 18 months, with provisions for noncompliance, as well as the option for a 12‐ month extension. Should the signs be frequently non‐compliant, an extension will not be granted. Ms. Bette Immel asked if the signs were to market the new homes that are subject of the Specific Plan amendment later on the agenda, and the length of time the signs would be posted. Mr. Howe responded to Ms. Immel by saying he is present at the meeting to speak on the Meritage Homes sign request, and is unaware of their development plans. Commissioner Hernandez motioned to approve the Temporary Off‐Site Plan with the following conditions: 1. A right‐of‐way use permit will be required to allow the signs to be located in the right‐of‐ way. This permit shall include the duration that they shall be allowed. The applicant shall coordinate with the Public Works Department to apply for this permit; and 2. No sign shall be located within 10' of an official traffic or utility sign, signal or pole. RESULT: APPROVED [UNANIMOUS] MOVER: Michael Hernandez, Commissioner SECONDER: John Backer AYES: John Backer, Ken Woodward, Michael Hernandez, Cathy Maghran ABSENT: Tim Trosper, Jenna Reilly, Nathan Barrett 7. PUBLIC HEARING Regular Meeting Minutes‐ August 6, 2018 Page 2 of 5 Packet Pg. 4  PLANNING & ZONING COMMISSION MEETING MINUTES 4.A.a Comprehensive Sign Plan Amendment for the Crossing at Sahuarita (Case No. SA9‐18‐00007) Acting Chair Ken Woodward opened the public hearing at 6:24 pm. Anna Casadei, Planning and Zoning Manager, presented the staff report for a Sign Plan Amendment at The Crossing at Sahuarita. Discussion ensued. Signs are engineered and go through a building safety process prior to the issuance of a permit. Commissioner John Backer motioned to approve the amended Comprehensive Sign Plan as presented. RESULT: APPROVED [UNANIMOUS] Attachment: 8-6-18 P&Z Draft Meeting Minutes (August 6, 2018 Draft Minutes) MOVER: John Backer SECONDER: Cathy Maghran, Commissioner AYES: John Backer, Ken Woodward, Michael Hernandez, Cathy Maghran ABSENT: Tim Trosper, Jenna Reilly, Nathan Barrett 8. PUBLIC HEARING Regular Meeting Minutes‐ August 6, 2018 Page 3 of 5 Packet Pg. 5  PLANNING & ZONING COMMISSION MEETING MINUTES 4.A.a Madera Highlands Specific Plan Substantial Amendment (Case No. SA9‐18‐00006) At staff request the commission took recess at 6:37 p.m. and reconvened at 6:50 p.m. Anna Casadei, Planning and Zoning Manager, presented the staff report on the Substantial amendment to Madera Highlands Specific Plan. Staff has received 4 opposition letters, which were provided to the commission at the time of the meeting. Brian Underwood, The Planning Center, gave a presentation on the specifics of the Plan amendment on behalf of Meritage Homes. Attachment: 8-6-18 P&Z Draft Meeting Minutes (August 6, 2018 Draft Minutes) Discussion ensued. Acting Chair Ken Woodward opened the Public Hearing at 7:15 p.m. Sydney Peters, Dan Ives, Bette Immel, Lincoln Brayer, Tiffany Lamb, Anne Peters, and Renee Eames all spoke against the Specific Plan amendment expressing concerns that the Plan would negatively impact schools, transportation. The speakers also expressed frustrations with the Meritage Homes HOA, the lack of available recreational amenities, and lack of nearby shopping. They also requested Meritage take another look at selling the land for light retail and commercial not residential. Jeff Grobstein, President of Meritage Homes Tucson region, thanked Planning and Building Director Sarah More, and Anna Casadei for helping guide Meritage through the Town specific plan requirements. Mr. Grobstein stated that Meritage has aggressively marketed the property as commercial without success. Mr. Grobstein is willing to address the residents' concerns. Acting Chair Ken Woodward closed the public hearing at 7:49 p.m. Discussion continued between Mr. Grobstein, Mr. Underwood and the commission with a series of questions and answers regarding the concerns and frustrations expressed during the public hearing, as well as Meritage's marketing plan for the commercially zoned land referenced in the Plan amendment. Commissioner Cathy Maghran motioned to table the item until Meritage has continued discussions with the existing residents of Meritage. Meeting date will be selected when Meritage determines they are ready to bring the item back to the commission. RESULT: TABLED [UNANIMOUS] MOVER: Cathy Maghran, Commissioner SECONDER: John Backer AYES: John Backer, Ken Woodward, Michael Hernandez, Cathy Maghran ABSENT: Tim Trosper, Jenna Reilly, Nathan Barrett 9. PLANNING & BUILDING DIRECTOR'S REPORT Regular Meeting Minutes‐ August 6, 2018 Page 4 of 5 Packet Pg. 6  PLANNING & ZONING COMMISSION MEETING MINUTES 4.A.a No action taken. 10. FUTURE AGENDA ITEMS The September meeting is cancelled. No action taken. 11. ADJOURNMENT Motion to adjourn Ken Woodward, seconded by Cathy Maghran. Meeting adjourned at 8:28 p.m. Attachment: 8-6-18 P&Z Draft Meeting Minutes (August 6, 2018 Draft Minutes) Regular Meeting Minutes‐ August 6, 2018 Page 5 of 5 Packet Pg. 7  6.A.a MEMORANDUM PLANNING & BUILDING To: Planning and Zoning Commission From: Sarah S. More, FAICP Date: November 21, 2018 Re: Election of a new Vice-Chair Per the Planning and Zoning Commission’s policies and procedures, a vice-chair is Attachment: Item 6 - elections memo (Elections Memo) elected from among the Commission members. With the vice-chair position vacant, staff recommends that the Commission elect a vice-chair in keeping with the policies and procedures. The applicable policies and procedures section reads, “Any vacancy of an officer position shall be filled by a majority vote of the Planning and Zoning Commission members at the next Planning and Zoning Commission meeting following the occurrence of the vacancy. The person selected to fill the vacancy will serve the remainder of the term.” Packet Pg. 8  7.A.a PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Planning & Zoning Commission Attachment: PZstaffreport_20181204_PrivateSchoolSiteSize (PZ Amendment SA8-18-00005) Staff Report Case No. SA8-18-00005 Commission Meeting Date: December 4, 2018 Agenda Item No. 7 PREPARED BY: Sarah S. More, FAICP, Planning and Building Director REVIEWED BY: Anna Casadei, AICP, Planning and Zoning Manager RECOMMENDATION: Staff recommends that the Commission forward a recommendation of approval to the Town Council. SUBJECT: Public Hearing: Zoning Code Amendment – Private School Requirements LOCATION: Town-wide, except Rancho Sahuarita APPLICANT: Town of Sahuarita Planning and Zoning Division BACKGROUND: Zoning regulations for private schools are found in many of the residential zones. Because most public schools are sited on a minimum of ten acres that site requirement was established for private schools. Public schools are entities of the state and therefore are not regulated by local governments. Since these regulations were put in place there have been changes in public and private education. Charter schools have opened in former retail sites in shopping centers or in small buildings in a downtown, some are online only. Private schools haven’t had that flexibility due to local zoning regulations on site size minimums. Town of Sahuarita, Arizona | 375 W. Sahuarita Center Way | Sahuarita, AZ 85629 | 520.822.8800 | sahuaritaaz.gov Packet Pg. 9  7.A.a PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov On March 28, 2018, the governor approved legislation (HB 2461, attached) that prohibits local jurisdictions from adopting or enforcing land use regulations that requires a private school to be located on a site larger than one acre. Attachment: PZstaffreport_20181204_PrivateSchoolSiteSize (PZ Amendment SA8-18-00005) DISCUSSION: This amendment reduces the ten acre requirement for private schools in the Suburban Ranch (SR) zone to one acre. The R-1, R-3, R-4 and MH-1 zones allow private schools subject to the same requirements in the SR zone. Those references are amended. The MH-2 zone requirement for a five acres site for a private school is amended to a one acre requirement. The zoning regulations for private schools in rural residential zones are not amended because the base minimum lot size in those zones is greater than one acre or because the site size requirement is not larger than one acre. PUBLIC NOTICE and COMMENT: Public notice was provided in the Green Valley News, and staff has posted this public hearing date and information on the draft amendment on the Town website. No comment has been received to date. REQUIRED ACTION: Conduct a public hearing to determine whether this code amendment is in the best interest of the Town of Sahuarita as well as consistent with the goals, objectives, and policies of the General Plan. A motion is necessary to forward the Commission’s recommendation to the Town Council. RECOMMENDATION: Staff recommends that the Commission forward a recommendation to the Town Council in favor of adoption of the zoning code text amendment as presented by staff. REASONS FOR RECOMMENDATION: While there are no specific plan policies in support of this amendment, it is clear that the Town must comply with state law. This change allows private schools to locate on sites that meet their needs rather than a mandated minimum site size. Unlike public schools, private schools are reviewed for zoning compliance and local building codes. SUGGESTED MOTION: I move to recommend approval of the zoning code amendment as presented by staff. Town of Sahuarita, Arizona | 375 W. Sahuarita Center Way | Sahuarita, AZ 85629 | 520.822.8800 | sahuaritaaz.gov Packet Pg. 10  7.A.a PLANNING & BUILDING 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov SUPPORTING DOCUMENTS ATTACHED: 1. Proposed Amendment Attachment: PZstaffreport_20181204_PrivateSchoolSiteSize (PZ Amendment SA8-18-00005) 2. HB 2461 Town of Sahuarita, Arizona | 375 W. Sahuarita Center Way | Sahuarita, AZ 85629 | 520.822.8800 | sahuaritaaz.gov Packet Pg. 11 Agenda Item 7: Attachment 1 7.A.b Sahuarita Town Code Page 1/16 Chapter 18.17 SR SUBURBAN RANCH ZONE Chapter 18.17 SR SUBURBAN RANCH ZONE Sections: 18.17.010 Purpose. 18.17.020 Permitted uses. 18.17.030 Conditional uses. 18.17.040 Development standards – General. 18.17.050 Development standards – Accessory buildings. 18.17.060 Repealed. Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) 18.17.010 Purpose. Suburban ranch is intended as a low density zone principally for single-family residences and associated conditional uses on large lots. A wide range of agricultural and ranch uses is permitted. The large minimum lot size requirement of this zone ensures a considerable reservation of open space. [Ord. 2016-107 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.17.020 Permitted uses. A. Permitted Uses. 1. All uses as permitted in STC 18.09.020(A) (General Residential and Rural Zoning Provisions); 2. Temporary mobile home: For one year during construction of a residence on the same property. a. Upon application this period may be extended for an additional 180 days, after the property owner provides the zoning administrator with a valid building permit for the construction of a residence on the same property. The zoning administrator shall notify adjoining property owners within 100 feet of the subject property. If a written protest to the issuance of the 180-day extension is received within 15 days of the date of mailing of notice, the board of adjustment shall hear the case in accordance with STC 18.93.040. If no written protests are received at the end of 15 days, the zoning administrator shall issue the 180-day extension. b. The board of adjustment shall hear any requests for additional time extensions in accordance with STC 18.93.050; 3. Commercial agricultural uses, such as field crops, truck gardening, berry or bush crops, tree crops, flower gardening, nurseries, orchards and aviaries: In accordance with STC 18.21.010 (A)(3)(a) (R-1 Single Residence Zone); 4. Farm products stand, provided: a. The stand does not exceed 200 square feet in area, b. The sale of farm products shall be grown or produced on the premises, c. There be a minimum of 20 feet to any street line, d. There be a minimum of 30 feet to any other lot line, e. A designated parking area be provided that is set back a minimum of 20 feet from any property line, f. A designated driveway, no wider than 30 feet, be provided, and g. All driveways and parking areas shall be properly maintained and approved by the town engineer; The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 12  7.A.b Sahuarita Town Code Page 2/16 Chapter 18.17 SR SUBURBAN RANCH ZONE 5. The raising and marketing of poultry, rabbits and small animals, but no slaughtering of other than those raised on the premises: In accordance with STC 18.21.010(A)(3)(a) (R-1 Single Residence Zone); 6. The grazing and raising of livestock, provided there is not more than one head of cattle, horse, sheep, goat or other similar animal more than six months of age per 10,000 square feet of lot area; 7. The raising of hogs, in accordance with STC 18.14.020(A)(8) (GR-1 Rural Residential); 8. Raising of ratites, subject to the following restrictions and requirements: a. No more than one ostrich over 14 months of age for each 10,000 square feet of site area, or more than one emu or similar ratite over 14 months of age for each 5,000 square feet of site area, or if more than one type of ratite is kept, a prorated combination of the area for each animal. Two ratites six to 14 months of age may be substituted for each ratite over 14 months of age, Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) b. Maximum lot coverage by ratite corrals and shelter structures within corrals: 35 percent, c. Animals shall be confined within minimum six-foot-high, stock-tight corrals. Ostrich corrals shall be surrounded by a minimum six-foot-high stock-tight fence or other restraint of sufficient strength and durability to prevent ratites from roaming at large as provided in STC 18.07.030(B), d. Minimum setbacks for ratite corrals and shelter structures within corrals: 50 feet from the front property line and 10 feet from side and rear property lines; 9. Temporary real estate office on any subdivision of record, provided: a. Any real estate broker licensed in the state of Arizona may apply for a temporary and revocable permit for a real estate office from the zoning administrator, b. Such use shall be terminated at the end of one year from the date of the issuance of the permit for said office, c. The zoning administrator may allow additional 12-month extensions as long as sales activity is continued and 10 percent or more of the lots remain unsold, d. It is located on a full size lot and meets all zoning requirements applicable to the lot, e. Sale of lots be only for the subdivision not separated by more than one street or alley, f. A manufactured or mobile home shall not be permitted for this use, g. The zoning administrator may require appropriate deed restrictions to ensure that these conditions are complied with, h. On or before the date of expiration of the permit period or any extension the real estate office shall be removed from the premises, i. This structure may continue to be used for the following purposes: (1) A water company office servicing that subdivision, provided there is no outside storage of material or equipment, (2) An office for a functioning nonprofit homeowners’ association, or (3) Community activities center under the homeowners’ association. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.17.030 Conditional uses. A. Procedures: In accordance with Chapter 18.97 STC (Conditional Use Procedures). The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 13  7.A.b Sahuarita Town Code Page 3/16 Chapter 18.17 SR SUBURBAN RANCH ZONE B. Uses Conditionally Permitted (Type 1 Procedure). 1. Library: a. Minimum site area: 10 acres, b. Maximum site coverage: 30 percent, c. Screening: In accordance with Chapter 18.73 STC (Landscape, Buffering and Screening Standards), and d. All outdoor lighting shall be arranged to eliminate glare towards streets and adjoining properties, and shall meet all conditions of the town lighting code; 2. Playground or athletic field: Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) a. Minimum setback to any property line: 100 feet, b. In accordance with subsection (B)(1) of this section; 3. Veterinary services: a. Minimum site: Five acres, b. Minimum setback from adjacent rural or residential zone for any structure: 100 feet, c. In accordance with subsections (B)(1)(b), (c), and (d) of this section; 4. Swimming school: a. Minimum setback to any property line from the edge of the swimming pool: 50 feet, b. No more than 12 students shall be in attendance at any one time at the swimming school; 5. Private schools: [AC1] a. Minimum site area: 1 acre[AC2], b. Maximum site coverage: 30 percent, c. Minimum setback for playground or athletic field: 50 feet[AC3], d. All driveways and parking areas shall be maintained with a dust-proof material which will minimize the generation of dust and shall be approved by the department of transportation and flood control district, e. Screening: In accordance with Chapter 18.73 STC (Landscape, Buffering and Screening Standards), and f. All outdoor lighting shall be arranged to eliminate glare towards streets and adjoining properties, and shall meet all conditions of the town lighting code; C. Uses Conditionally Permitted (Type 2 Procedure). 1. Commercial riding stable or school: a. Minimum site area: 20 acres, b. Minimum setback for stables, barns, animal sheds or shelters: 100 feet, The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 14  7.A.b Sahuarita Town Code Page 4/16 Chapter 18.17 SR SUBURBAN RANCH ZONE c. All outdoor lighting shall be arranged to eliminate glare towards streets and adjoining properties, and shall meet all conditions of the town lighting code, d. Minimum setback from adjacent residential zones: 600 feet, e. No more than one horse be kept for each 10,000 square feet of land area, and f. All driveways and parking areas shall be maintained with a dust-proof material which will minimize the generation of dust and shall be approved by the department of transportation and flood control district; 2. Commercial kennel: a. Minimum site area: 10 acres, Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) b. Minimum setback from adjacent rural or residential zone for commercial kennel facilities: 100 feet, and c. Dog runs shall be within enclosed buildings; 3. Community stable: a. Minimum site area: 10 acres, b. Minimum setback from subdivision boundaries: 500 feet, c. No more than one horse be kept for each 10,000 square feet of land area, d. Minimum setbacks for community stable facilities and fencing: 100 feet, e. All driveways and parking areas shall be maintained with a dust-proof material which will minimize the generation of dust and shall be approved by the department of transportation and flood control district, f. No amplifiers or loudspeakers of any kind shall be installed outside any buildings erected on the site, g. All outdoor lighting shall be arranged to eliminate glare towards streets and adjoining properties, and shall meet all conditions of the town lighting code, h. Such permit may be revoked when the nonprofit community organization ceases to function or when the community stable is not properly maintained, and i. Minimum setback from adjacent residential zones: 600 feet; 4. Minor resort: In accordance with STC 18.07.030(F) (General Regulations and Exceptions); 5. College or governmental structure: In accordance with subsection (D)(3) of this section; 6. Membership organization: In accordance with subsection (D)(2) of this section; 7. General aviation airstrip: In accordance with Chapter 18.57 STC; 8. Ultralight airstrip: In accordance with Chapter 18.57 STC. D. Uses Conditionally Permitted (Type 3 Procedure). 1. Museum: a. In accordance with subsections (D)(2)(a), (b), (d), (e) and (f) of this section, b. Minimum natural or revegetated buffer setback: 100 feet from any property line, and The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 15  7.A.b Sahuarita Town Code Page 5/16 Chapter 18.17 SR SUBURBAN RANCH ZONE c. Notification area: 600 feet; 2. Reserved Private schools: a. Minimum site area: 10 acres, b. Maximum site coverage: 30 percent, c. Minimum setback for playground or athletic field: 100 feet, d. All driveways and parking areas shall be maintained with a dust-proof material which will minimize the generation of dust and shall be approved by the department of transportation and flood control district, e. Screening: In accordance with Chapter 18.73 STC (Landscape, Buffering and Screening Standards), and Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) f. All outdoor lighting shall be arranged to eliminate glare towards streets and adjoining properties, and shall meet all conditions of the town lighting code; 3. Residential substance abuse diagnostic and treatment facility: a. Minimum site area: 10 acres, b. Minimum setback: 100 feet from any property line, c. Height: One story or 18 feet, d. Maximum lot coverage by structures: 15 percent, e. Maximum number of patient rooms: 75. [Ord. 2015-105 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.17.040 Development standards – General. A. Minimum site area: 144,000 square feet. B. Minimum lot area per dwelling unit: 144,000 square feet. C. Minimum setback requirements: 1. Front: 50 feet; 2. Side: 10 feet each; 3. Side, when adjacent to street: 20 feet; 4. Rear: 50 feet. D. Maximum building height: 34 feet. E. Maximum lot coverage by structures: 30 percent. F. Minimum distance between main buildings: 20 feet. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.17.050 Development standards – Accessory buildings. A. Permitted coverage: 10 percent of the total area of the rear and side yards. B. Maximum height: 24 feet. C. Minimum distance requirements: 1. To main building: Seven feet; The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 16  7.A.b Sahuarita Town Code Page 6/16 Chapter 18.17 SR SUBURBAN RANCH ZONE 2. To front lot line: 100 feet; 3. To side and rear lot lines if building is not used for poultry or animals: a. Not adjacent to street: 10 feet; b. When adjacent to street: 50 feet; 4. To side and rear lot lines if building is used for poultry or animals: 100 feet. [Ord. 2011-048 § 1; Ord. 1995- 06 § 2.] 18.17.060 Cluster development option. Repealed by Ord. 2016-107. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 17  7.A.b Sahuarita Town Code Page 7/16 Chapter 18.2135 R-1 SINGLE RESIDENCE ZONEMH-2 MANUFACTURED AND MOBILE HOME-2 ZONE Chapter 18.21 R-1 SINGLE RESIDENCE ZONE Sections: 18.21.010 Permitted uses. 18.21.020 Conditional uses. 18.21.030 Development standards – General. 18.21.040 Development standards – Detached accessory buildings. 18.21.050 Repealed. 18.21.060 Repealed. Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) 18.21.010 Permitted uses. A. Uses Permitted. 1. All uses as permitted in STC 18.09.020(A) (General Residential and Rural Zoning Provisions); 2. Temporary trailer or manufactured home: In accordance with STC 18.17.020(A)(2) (SR Suburban Ranch Zone); 3. Agriculture or horticulture: a. Used only for the purpose of propagation and culture and not for retail sales, including any number of poultry, rabbits, and similar small animals, b. On lots of not less than 36,000 square feet, not more than one head of cattle, horses, sheep, goats, or other similar animals more than six months of age per 10,000 square feet of lot area, excluding swine; 4. Private school: In accordance with STC 18.17.030(D)(2)(B)(5) (SR Suburban Ranch Zone); 5. College or governmental structure: In accordance with STC 18.17.030(C)(5) (SR Suburban Ranch Zone); 6. Repealed by Ord. 2015-105; ***** The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 18  7.A.b Sahuarita Town Code Page 8/16 Chapter 18.25 R-3 SINGLE RESIDENCE ZONE35 MH-2 MANUFACTURED AND MOBILE HOME-2 ZONE Chapter 18.25 R-3 SINGLE RESIDENCE ZONE Sections: 18.25.010 Permitted uses. 18.25.020 Conditional uses. 18.25.030 Development standards – General. 18.25.040 Development standards – Accessory buildings. 18.25.050 Repealed. Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) 18.25.060 Repealed. 18.25.070 Repealed. 18.25.010 Permitted uses. A. Uses Permitted. 1. All uses as permitted in STC 18.09.020(A) (General Residential and Rural Zoning Provisions); 2. Temporary trailer or mobile or manufactured home: In accordance with STC 18.17.020(A)(2) (SR Suburban Ranch Zone); 3. Agriculture and horticulture, flower and vegetable gardening, nursery or greenhouse used only for propagation and culture and not for retail sales; 4. The keeping of small animals, such as rabbits and chickens, but not cockerels, and not for commercial purposes, provided not more than 24 such animals per 8,000 square feet of lot area are kept; 5. Private school: In accordance with STC 18.17.030(D)(2)(B)(5) (SR Suburban Ranch Zone); ***** The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 19  7.A.b Sahuarita Town Code Page 9/16 Chapter 18.27 R-4 MIXED-DWELLING TYPE ZONE35 MH-2 MANUFACTURED AND MOBILE HOME-2 ZONE Chapter 18.27 R-4 MIXED-DWELLING TYPE ZONE Sections: 18.27.010 Permitted uses. 18.27.020 Conditional uses. 18.27.030 Development standards – General. 18.27.040 Development standards – Accessory structures. 18.27.050 Repealed. 18.27.060 Repealed. 18.27.010 Permitted uses. Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) A. Uses Permitted. 1. All uses as permitted in STC 18.09.020(A) (General Residential and Rural Zoning Provisions); 2. Duplex dwelling; 3. Multiple dwelling; 4. Recreational facilities; 5. Temporary manufactured or mobile housing: In accordance with STC 18.17.020(A)(2) (SR Suburban Ranch Zone); 6. Private school: In accordance with STC 18.17.030(D)(2)(B)(5) (SR Suburban Ranch Zone); ****** The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 20  7.A.b Sahuarita Town Code Page 10/16 Chapter 18.17 SR SUBURBAN RANCH ZONE Chapter 18.33 MH-1 TOWN MANUFACTURED AND MOBILE HOME-1 ZONE Sections: 18.33.010 Purpose. 18.33.020 Permitted uses. 18.33.030 Conditional uses. 18.33.040 Development standards – General. 18.33.050 Development standards – Detached accessory buildings. 18.33.060 Repealed. Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) 18.33.010 Purpose. A. The purpose of this zone is to provide for needed and properly planned mobile home developments with additional usable open space within reasonable walking distance, by permitting a wider latitude of design, without increasing existing densities. B. It allows for two alternative approaches to mobile home development: 1. Mobile home subdivisions; and 2. Mobile home cluster development. [Ord. 2016-107 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.33.020 Permitted uses. A. Uses Permitted. 1. All uses as permitted in STC 18.09.020(A) (General Residential and Rural Zoning Provisions), subject to the following conditions: a. Religious use or private school: Five gross acres minimum area; 2. Manufactured and mobile home; 3. Private school: In accordance with STC 18.17.030(DB)(25) (SR Suburban Ranch Zone); 4. College or governmental structure: In accordance with STC 18.17.030(C)(5) (SR Suburban Ranch Zone); 5. Library: In accordance with STC 18.17.030(B)(1) (SR Suburban Ranch Zone); 6. Playground or athletic field: In accordance with STC 18.17.030(B)(2) (SR Suburban Ranch Zone); 7. Temporary real estate office; 8. Museum: In accordance with STC 18.17.030(D)(1) (SR Suburban Ranch Zone). [Ord. 2015-105 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.33.030 Conditional uses. A. Uses Conditionally Permitted. 1. Membership organization: In accordance with STC 18.17.030(C)(6) (SR Suburban Ranch Zone). [Ord. 2015-105 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 21  7.A.b Sahuarita Town Code Page 11/16 Chapter 18.17 SR SUBURBAN RANCH ZONE 18.33.040 Development standards – General. A. Minimum lot area: 8,000 square feet. B. Minimum lot area per dwelling unit: 8,000 square feet. C. Minimum lot width: 60 feet. D. Minimum yard requirements: 1. Front: 20 feet; 2. Sides: Eight feet each; 3. Rear: 25 feet. Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) E. Building height limitations: 1. Maximum height: 34 feet; 2. Maximum stories: Two. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.33.050 Development standards – Detached accessory buildings. A. Permitted coverage: 25 percent of the minimum rear yard plus 50 percent of any additional space in the rear of the principal building. B. Maximum height: 24 feet. C. Minimum distance requirements: 1. To main buildings: Seven feet; 2. To front lot line: 60 feet; 3. To side lot lines: Four feet; 4. To rear lot line: a. Four feet if building is not used for poultry or animals, b. Fifteen feet if building is used for poultry or animals. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.33.060 Cluster development option. Repealed by Ord. 2016-107. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 22  7.A.b Sahuarita Town Code Page 12/16 Chapter 18.35 MH-2 MANUFACTURED AND MOBILE HOME-2 ZONE Chapter 18.35 MH-2 MANUFACTURED AND MOBILE HOME-2 ZONE Sections: 18.35.010 Purpose. 18.35.020 Permitted uses. 18.35.030 Conditional uses. 18.35.040 Development standards – General. 18.35.050 Development standards – Detached accessory buildings and uses. 18.35.060 Mobile home subdivision or mobile home park option. Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) 18.35.010 Purpose. A. The purpose of this zone is to: 1. Provide for properly planned manufactured home subdivisions or mobile home parks; 2. Provide usable open space within reasonable walking distances; and 3. Permit wider latitude of design. [Ord. 2016-107 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.35.020 Permitted uses. A. Uses Permitted. 1. All uses as permitted in STC 18.09.020(A) (General Residential and Rural Zoning Provisions), subject to the following additional conditions: a. Religious use or private school: Five gross acres minimum area; 2. Manufactured or mobile home; 3. Private school: In accordance with STC 18.17.030(DB)(52) (SR Suburban Ranch Zone); 4. College or governmental structure: In accordance with STC 18.17.030(C)(5) (SR Suburban Ranch Zone); 5. Library: In accordance with STC 18.17.030(B)(1) (SR Suburban Ranch Zone); 6. Playground or athletic field: In accordance with STC 18.17.030(BD)(52) (SR Suburban Ranch Zone); 7. Child care center: a. Minimum lot size: 7,000 square feet, or b. Upon approval of a development plan, if in conjunction with a mobile home subdivision or park; 8. Temporary real estate office: In accordance with STC 18.17.020(A)(9) (SR Suburban Ranch Zone); 9. Museum: In accordance with STC 18.17.030(D)(1) (SR Suburban Ranch Zone). [Ord. 2015-105 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.35.030 Conditional uses. A. Uses Conditionally Permitted. 1. Membership organization: In accordance with STC 18.17.030(C)(6) (SR Suburban Ranch Zone). [Ord. 2015-105 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 23  7.A.b Sahuarita Town Code Page 13/16 Chapter 18.35 MH-2 MANUFACTURED AND MOBILE HOME-2 ZONE 18.35.040 Development standards – General. A. Minimum lot area: None. B. Minimum area per dwelling unit: 3,500 square feet, exclusive of adjacent rights-of-way. C. Minimum lot width: None. D. Minimum setback requirements: 1. Front: a. Twenty-five feet, if access is provided, b. Fifteen feet, if no access is provided. Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) 2. Side: 10 feet; 3. Rear: a. Twenty-five feet, if access is provided, b. Fifteen feet, if no access is provided. E. Building height limitations: 1. Maximum height: 34 feet; 2. Maximum stories: Two. F. Minimum distance between units: 14 feet. G. Off-Street Parking. One off-street parking space for visitors and guests shall be required, and a minimum of one off-street parking space per dwelling unit shall be provided. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.35.050 Development standards – Detached accessory buildings and uses. A. Within a mobile home park or manufactured home subdivision, storage is permitted by residents of the park or subdivision. Only residents of the mobile home park or manufactured home subdivision shall have access to or use of the storage area. The storage area may be used to store the following: 1. Travel trailer; 2. Boat; 3. Automobile; 4. Recreational vehicle; 5. Truck; 6. Motorcycle. B. All vehicles stored in the storage area must be operable. Storage of junk or inoperable vehicles is not permitted. C. A maximum area of 10 percent of the gross area of the subdivision or park may be used for a storage area. D. Bufferyard A in accordance with STC 18.73.040(D) and a six-foot high screen wall shall be provided around and abutting the entire storage area, except at the point of access. [Ord. 2011-060 § 3; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 24  7.A.b Sahuarita Town Code Page 14/16 Chapter 18.35 MH-2 MANUFACTURED AND MOBILE HOME-2 ZONE 18.35.060 Mobile home subdivision or mobile home park option. A. Mobile Home Subdivisions Only. 1. Single mobile home lots may be individually owned if so indicated upon a recorded subdivision plat setting forth the area of individual ownership. 2. Where common open space is provided, a mandatory homeowners’ association shall accept the responsibilities of maintenance, liability and control of private streets and common areas. 3. All mobile home units shall be secured to permanent masonry or concrete foundations. The wheels and axles shall be removed. B. Development Standards. Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) 1. Minimum plan site: a. Eighteen thousand square feet, exclusive of adjacent rights-of-way; b. The use and/or minimum acreage requirements of STC 18.35.020 and 18.35.030 (except membership organizations) greater than 7,000 square feet shall be in addition to the required minimum site of 18,000 square feet and shall not be included in calculating the number of dwelling units permitted; 2. Maximum density: One dwelling unit per 3,500 square feet; 3. Minimum individual lot area: None; 4. Minimum individual lot width: None; 5. Minimum yard requirements: None. Zero-lot-line siting of units on individual lots is permissible, subject to applicable town building codes and Chapter 18.85 STC (Lot Development Modifications); 6. Maximum building height: 34 feet; 7. Minimum distance between dwelling units: 14 feet; 8. Off-Street Parking. Two off-street parking spaces per unit shall be provided; 9. Required Buffer. See STC 18.73.040; 10. Streets. a. Streets shall be designed and constructed in accordance with STC 18.69.040 (Subdivision Standards), b. Curbs shall be installed on both sides of all streets, and sidewalks shall be placed on at least one side of all streets; 11. The lots so created shall be subject to all other subdivision regulations of this code, as applicable. C. Accessory Buildings. 1. Permitted coverage: 40 percent of the required rear yard and any additional space within the buildable area; 2. Maximum building height: a. Within the required rear yard: 24 feet; b. Within the buildable area: Two stories or 34 feet; 3. Minimum distance requirements: The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 25  7.A.b Sahuarita Town Code Page 15/16 Chapter 18.35 MH-2 MANUFACTURED AND MOBILE HOME-2 ZONE a. To main building: seven feet; b. To front lot line: 20 feet; c. To site lot lines: four feet; d. To rear lot line: four feet; 4. Carports and patio covers, open on two sides, shall be considered accessory buildings, except that: a. They may be attached to the dwelling unit, b. The front yard setback shall be four feet, and c. The side and rear yard setbacks shall be three feet; Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) 5. Any side of a carport or patio cover located within 14 feet of the main dwelling unit on the adjacent lot shall not be enclosed. D. Landscaping. 1. A landscape plan shall be developed for the subdivision or park to ensure unity of design; 2. Covenants shall be recorded, providing for the continuation and maintenance of the landscaping; 3. Approval of the landscape plan by the town subdivision review staff shall be a prerequisite for approval of a development plan or final plat; 4. Each mobile home lot shall have at least one functionally placed shade tree, indigenous to or in harmony with the area, of 15 gallons or larger size at the time of planting; 5. Tree species shall be selected on the basis of desert hardiness, low pollen production and low water requirement. E. Common Areas and Private Areas. 1. A minimum of five percent of the gross subdivision or park area shall be devoted to recreational facilities or common, functionally usable, open space; 2. The open space shall constitute no less than an equivalent proportional amount to the area being developed; 3. Interior streets shall not be calculated as part of the open space; 4. The maximum permitted coverage by buildings in the required open space shall not exceed five percent; 5. Private outdoor living and service space shall be provided for each mobile home: a. It shall be of a size, walled, or fenced, or planted as necessary to assure reasonable privacy and shall be partially paved or hard surfaced for garden furniture; b. It shall be located for privacy, convenience and optimum use; c. The minimum area shall be not less than 400 square feet; d. A paved or hard surfaced area, included in the outdoor living area, shall not be less than 100 square feet. F. Approvals: In accordance with STC 18.09.040 (General Residential and Rural Zoning Provisions). The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 26  7.A.b Sahuarita Town Code Page 16/16 Chapter 18.35 MH-2 MANUFACTURED AND MOBILE HOME-2 ZONE G. Release from liabilities: In accordance with STC 18.09.040 (General Residential and Rural Zoning Provisions). [Ord. 2016-107 § 1; Ord. 2015-105 § 1; Ord. 2011-060 § 4; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] Attachment: Agenda Item 7: Attachment 1 (PZ Amendment SA8-18-00005) The Sahuarita Town Code is current through Ordinance 2018-132, and legislation passed through June 25, 2018. Packet Pg. 27 Agenda Item 7: Attachment 2 7.A.c Senate Engrossed House Bill State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018 Attachment: Agenda Item 7: Attachment 2 (PZ Amendment SA8-18-00005) CHAPTER 86 HOUSE BILL 2461 AN ACT AMENDING SECTION 9-462.01, ARIZONA REVISED STATUTES; AMENDING TITLE 11, CHAPTER 6, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 11-820.01; RELATING TO ZONING. (TEXT OF BILL BEGINS ON NEXT PAGE) - i - Packet Pg. 28  7.A.c H.B. 2461 1 Be it enacted by the Legislature of the State of Arizona: 2 Section 1. Section 9-462.01, Arizona Revised Statutes, is amended 3 to read: 4 9-462.01. Zoning regulations; public hearing; definitions 5 A. Pursuant to this article, the legislative body of any 6 municipality by ordinance may in order to conserve and promote the public 7 health, safety and general welfare: 8 1. Regulate the use of buildings, structures and land as between 9 agriculture, residence, industry, business and other purposes. 10 2. Regulate signs and billboards. Attachment: Agenda Item 7: Attachment 2 (PZ Amendment SA8-18-00005) 11 3. Regulate the location, height, bulk, number of stories and size 12 of buildings and structures, the size and use of lots, yards, courts and 13 other open spaces, the percentage of a lot that may be occupied by a 14 building or structure, access to incident solar energy and the intensity 15 of land use. 16 4. Establish requirements for off-street parking and loading. 17 5. Establish and maintain building setback lines. 18 6. Create civic districts around civic centers, public parks, 19 public buildings or public grounds and establish regulations therefor FOR 20 THE CIVIC DISTRICTS. 21 7. Require as a condition of rezoning public dedication of 22 rights-of-way as streets, alleys, public ways, drainage and public 23 utilities as are reasonably required by or related to the effect of the 24 rezoning. 25 8. Establish floodplain zoning districts and regulations to protect 26 life and property from the hazards of periodic inundation. Regulations 27 may include variable lot sizes, special grading or drainage requirements, 28 or other requirements deemed necessary for the public health, safety or 29 general welfare. 30 9. Establish special zoning districts or regulations for certain 31 lands characterized by adverse topography, adverse soils, subsidence of 32 the earth, high water table, lack of water or other natural or man-made 33 hazards to life or property. Regulations may include variable lot sizes, 34 special grading or drainage requirements, or other requirements deemed 35 necessary for the public health, safety or general welfare. 36 10. Establish districts of historical significance provided that: 37 (a) The ordinances may require that special permission be obtained 38 for any development within the district if the legislative body has 39 adopted a plan for the preservation of districts of historical 40 significance that meets the requirements of subdivision (b) of this 41 paragraph, and the criteria contained in the ordinance are consistent with 42 the objectives set forth in the plan. 43 (b) A plan for the preservation of districts of historical 44 significance shall identify districts of special historical significance, 45 state the objectives to be sought concerning the development or - 1 - Packet Pg. 29  7.A.c H.B. 2461 1 preservation of sites, area and structures within the district, and 2 formulate a program for public action including the provision of public 3 facilities and the regulation of private development and demolition 4 necessary to realize these objectives. 5 (c) The ordinance establishing districts of historical significance 6 shall set forth standards necessary to preserve the historical character 7 of the area so designated. 8 (d) The ordinances may designate or authorize any committee, 9 commission, department or person to designate structures or sites of 10 special historical significance in accordance with criteria contained in Attachment: Agenda Item 7: Attachment 2 (PZ Amendment SA8-18-00005) 11 the ordinance, and no designation shall be made except after a public 12 hearing on notice of the owners of record of the property designated of 13 special historical significance. The ordinances may require that special 14 permission be obtained for any development respecting the structures or 15 sites. 16 11. Establish age-specific community zoning districts in which 17 residency is restricted to a head of a household or spouse who must be of 18 a specific age or older and in which minors are prohibited from living in 19 the home. Age-specific community zoning districts shall not be overlaid 20 over property without the permission of all owners of property included as 21 part of the district unless all of the property in the district has been 22 developed, advertised and sold or rented under specific age restrictions. 23 The establishment of age-specific community zoning districts is subject to 24 all of the public notice requirements and other procedures prescribed by 25 this article. 26 12. Establish procedures, methods and standards for the transfer of 27 development rights within its jurisdiction. Any proposed transfer of 28 development rights from the sending property or to the receiving property 29 shall be subject to the notice and hearing requirements of section 30 9-462.04 and shall be subject to the approval and consent of the property 31 owners of both the sending and receiving property. Before any transfer of 32 development rights, a municipality shall adopt an ordinance providing for: 33 (a) The issuance and recordation of the instruments necessary to 34 sever development rights from the sending property and to affix 35 development rights to the receiving property. These instruments shall be 36 executed by the affected property owners and lienholders. 37 (b) The preservation of the character of the sending property and 38 assurance that the prohibitions against the use and development of the 39 sending property shall bind the landowner and every successor in interest 40 to the landowner. 41 (c) The severance of transferable development rights from the 42 sending property and the delayed transfer of development rights to a 43 receiving property. - 2 - Packet Pg. 30  7.A.c H.B. 2461 1 (d) The purchase, sale, exchange or other conveyance of 2 transferable development rights prior to BEFORE the rights being affixed 3 to a receiving property. 4 (e) A system for monitoring the severance, ownership, assignment 5 and transfer of transferable development rights. 6 (f) The right of a municipality to purchase development rights and 7 to hold them for resale. 8 (g) The right of a municipality at its discretion to enter into an 9 intergovernmental agreement with another municipality or a county for the 10 transfer of development rights between jurisdictions. The transfer shall Attachment: Agenda Item 7: Attachment 2 (PZ Amendment SA8-18-00005) 11 comply with this paragraph, except that if the sending property is located 12 in an unincorporated area of a county, the approval of the development 13 rights to be sent to a municipality shall comply with section 11-817. 14 B. For the purposes of subsection A of this section, the 15 legislative body may divide a municipality, or portion of a municipality, 16 into zones of the number, shape and area it deems best suited to carry out 17 the purpose of this article and articles 6, 6.2 and 6.3 of this chapter. 18 C. All zoning regulations shall be uniform for each class or kind 19 of building or use of land throughout each zone, but the regulations in 20 one type of zone may differ from those in other types of zones as follows: 21 1. Within individual zones, there may be uses permitted on a 22 conditional basis under which additional requirements must be met, 23 including requiring site plan review and approval by the planning agency. 24 The conditional uses are generally characterized by any of the following: 25 (a) Infrequency of use. 26 (b) High degree of traffic generation. 27 (c) Requirement of large land area. 28 2. Within residential zones, the regulations may permit 29 modifications to minimum yard lot area and height requirements. 30 D. To carry out the purposes of this article and articles 6 and 6.2 31 of this chapter, the legislative body may adopt overlay zoning districts 32 and regulations applicable to particular buildings, structures and land 33 within individual zones. For the purposes of this subsection, "overlay 34 zoning district" means a special zoning district that includes regulations 35 that modify regulations in another zoning district with which the overlay 36 zoning district is combined. Overlay zoning districts and regulations 37 shall be adopted pursuant to section 9-462.04. 38 E. The legislative body may approve a change of zone conditioned on 39 a schedule for development of the specific use or uses for which rezoning 40 is requested. If at the expiration of this period the property has not 41 been improved for the use for which it was conditionally approved, the 42 legislative body, after notification by certified mail to the owner and 43 applicant who requested the rezoning, shall schedule a public hearing to 44 take administrative action to extend, remove or determine compliance with - 3 - Packet Pg. 31  7.A.c H.B. 2461 1 the schedule for development or take legislative action to cause the 2 property to revert to its former zoning classification. 3 F. All zoning and rezoning ordinances or regulations adopted under 4 this article shall be consistent with and conform to the adopted general 5 plan of the municipality, if any, as adopted under article 6 of this 6 chapter. In the case of uncertainty in construing or applying the 7 conformity of any part of a proposed rezoning ordinance to the adopted 8 general plan of the municipality, the ordinance shall be construed in a 9 manner that will further the implementation of, and not be contrary to, 10 the goals, policies and applicable elements of the general plan. A Attachment: Agenda Item 7: Attachment 2 (PZ Amendment SA8-18-00005) 11 rezoning ordinance conforms with the land use element of the general plan 12 if it proposes land uses, densities or intensities within the range of 13 identified uses, densities and intensities of the land use element of the 14 general plan. 15 G. A regulation or ordinance under this section may not prevent or 16 restrict agricultural composting on farmland that is five or more 17 contiguous acres and that meets the requirements of this subsection. An 18 agricultural composting operation shall notify in writing the legislative 19 body of the municipality and the nearest fire department of the location 20 of the composting operation. If the nearest fire department is located in 21 a different municipality from the agricultural composting operation, the 22 agricultural composting operation shall also notify in writing the fire 23 department of the municipality in which the operation is located. 24 Agricultural composting is subject to sections 3-112 and 49-141. 25 Agricultural composting may not be conducted within one thousand three 26 hundred twenty feet of an existing residential use, unless the operations 27 are conducted on farmland or land leased in association with farmland. 28 Any disposal of manure shall comply with section 49-247. For the purposes 29 of this subsection: 30 1. "Agricultural composting" means the controlled biological 31 decomposition of organic solid waste under in-vessel anaerobic or aerobic 32 conditions where all or part of the materials are generated on the 33 farmland or will be used on the farmland associated with the agricultural 34 composting operation. 35 2. "Farmland" has the same meaning prescribed in section 3-111 and 36 is subject to regulation under section 49-247. 37 H. A municipality may not adopt a land use regulation or impose any 38 condition for issuance of a building or use permit or other approval that 39 violates section 9-461.16. 40 I. In accordance with article II, sections 1 and 2, Constitution of 41 Arizona, the legislative body of a municipality shall consider the 42 individual property rights and personal liberties of the residents of the 43 municipality before adopting any zoning ordinance. - 4 - Packet Pg. 32  7.A.c H.B. 2461 1 J. A MUNICIPALITY MAY NOT ADOPT OR ENFORCE A LAND USE REGULATION 2 THAT REQUIRES THE PROPERTY ON WHICH A NONGOVERNMENTAL PRIMARY OR SECONDARY 3 SCHOOL OPERATES TO BE LARGER THAN ONE ACRE. 4 J. K. For the purposes of this section: 5 1. "Development rights" means the maximum development that would be 6 allowed on the sending property under any general or specific plan and 7 local zoning ordinance of a municipality in effect on the date the 8 municipality adopts an ordinance pursuant to subsection A, paragraph 12 of 9 this section respecting the permissible use, area, bulk or height of 10 improvements made to the lot or parcel. Development rights may be Attachment: Agenda Item 7: Attachment 2 (PZ Amendment SA8-18-00005) 11 calculated and allocated in accordance with factors including dwelling 12 units, area, floor area, floor area ratio, height limitations, traffic 13 generation or any other criteria that will quantify a value for the 14 development rights in a manner that will carry out the objectives of this 15 section. 16 2. "Receiving property" means a lot or parcel within which 17 development rights are increased pursuant to a transfer of development 18 rights. Receiving property shall be appropriate and suitable for 19 development and shall be sufficient to accommodate the transferable 20 development rights of the sending property without substantial adverse 21 environmental, economic or social impact to the receiving property or to 22 neighboring property. 23 3. "Sending property" means a lot or parcel with special 24 characteristics, including farmland, woodland, desert land, mountain land, 25 floodplain, natural habitats, recreation or parkland, including golf 26 course area, or land that has unique aesthetic, architectural or historic 27 value that a municipality desires to protect from future development. 28 4. "Transfer of development rights" means the process by which 29 development rights from a sending property are affixed to one or more 30 receiving properties. 31 Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, 32 is amended by adding section 11-820.01, to read: 33 11-820.01. Restriction on regulation; private schools 34 A COUNTY MAY NOT ADOPT OR ENFORCE A LAND USE REGULATION THAT 35 REQUIRES THE PROPERTY ON WHICH A NONGOVERNMENTAL PRIMARY OR SECONDARY 36 SCHOOL OPERATES TO BE LARGER THAN ONE ACRE. APPROVED BY THE GOVERNOR MARCH 27, 2018. FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 27, 2018. - 5 - Packet Pg. 33