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Planning and Zoning Commission Meeting

Regular Meeting

Sahuarita, AZ · April 7, 2025

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Minutes

Planning & Zoning Commission Meeting ACTION Minutes REGULAR MEETING ACTION MINUTES APRIL 7, 2025 The Planning and Zoning Commission of the Town of Sahuarita met in the Sahuarita Council Chambers, 375 West Sahuarita Center Way, Sahuarita, AZ 85629 on Monday, April 7, 2025. 1. CALL TO ORDER The meeting was called to order at 6:17 P.M. by Chair Ferguson. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present Chair Mark Ferguson Present Vice Chair Daniel Millet (Attended Virtually) Present Commissioner Lori Brown Absent Commissioner Aaron Escamilla Absent Commissioner Kevin Rau 4. APPROVAL OF MEETING MINUTES FOR MARCH 3, 2025 MOTION was made to approve the minutes as presented. RESULT: APPROVED MOVER: Lori Brown, Commissioner SECONDER: Daniel Millet, Vice Chair AYES: Mark Ferguson, Lori Brown, Daniel Millet 5. STUDY SESSION: ZONING CODE TEXT AMENDMENT TO ESTABLISH A SPECIAL USE PERMIT PROCESS (Case No. SA8-25-00002). Dylan Parry, Senior Planner, gave the presentation, including background, the current process, and an amendment overview. The purpose of this presentation was to gain feedback from the Commission. Commission Members participated in discussion, with clarification from Jon Paladini, Town Attorney, and Director Casadei. Regular Meeting Action Minutes- April 7, 2025 Page 1 of 2 PLANNING & ZONING COMMISSION MEETING MINUTES Deputy Director Barrett summarized the discussion, and Director Casadei provided the Commission with the next steps in the process. No action was taken. 6. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT: Community Development Deputy Director Barrett shared a few announcements with the Commission. 7. FUTURE AGENDA ITEMS: Community Development Deputy Director Barrett shared a few agenda items for future commission meetings. 8. ADJOURNMENT: The meeting was adjourned at 7:01 P.M. Regular Meeting Action Minutes – April 7, 2025 Page 2 of 2

Agenda

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. REGULAR MEETING AGENDA MONDAY, APRIL 7, 2025, at or after 6:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Chair Mark Ferguson Vice Chair Daniel Millet Commissioner Lori Brown Commissioner Kevin Rau Commissioner Aaron Escamilla 4. APPROVAL OF MEETING MINUTES FOR MARCH 3, 2025 5. STUDY SESSION: ZONING CODE TEXT AMENDMENT TO ESTABLISH A SPECIAL USE PERMIT PROCESS. (Case No. SA8-25-00002) 6. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT 7. FUTURE AGENDA ITEMS 8. ADJOURNMENT Regular Meeting Agenda- APRIL 7, 2025 Page 1 of 1 Planning & Zoning Commission Meeting ACTION Minutes REGULAR MEETING ACTION MINUTES MARCH 3, 2025 The Planning and Zoning Commission of the Town of Sahuarita met in the Sahuarita Council Chambers, 375 West Sahuarita Center Way, Sahuarita, AZ 85629 on Monday, March 3, 2025. 1. CALL TO ORDER The meeting was called to order at 6:00 P.M. by Chair Ferguson. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present Chair Mark Ferguson Present Vice Chair Daniel Millet Present Commissioner Lori Brown Present Commissioner Aaron Escamilla Present Commissioner Kevin Rau 4. APPROVAL OF MEETING MINUTES FOR JANUARY 27, AND FEBRUARY 3, 2025 MOTION was made to approve the minutes as presented. RESULT: APPROVED MOVER: Daniel Millet, Vice Chair SECONDER: Kevin Rau, Commissioner AYES: Mark Ferguson, Lori Brown, Aaron Escamilla, Daniel Millet, Kevin Rau 5. PUBLIC HEARING: A PROPOSED REZONING FOR APPROXIMATELY 233 ACRES OF PROPERTY LOCATED SOUTH OF SAHUARITA ROAD AND TOWN HALL COMPLEX, WEST OF LA VILLITA, AND NORTH OF EL TORO ROAD. (Case No. SA9-24-00004). Orlanthia Henderson, Planning & Zoning Manager, presented Robert Longaker with the WLB Group who presented the Purpose and Intent of the Parcel 30 specific plan. Commission Members participated throughout the presentation with discussion. No action was taken. Regular Meeting Action Minutes- March 3, 2025 Page 1 of 2 PLANNING & ZONING COMMISSION MEETING MINUTES Chair Ferguson opened the public hearing. Three public speakers voiced their concerns regarding where water would be coming from, groundwater levels, how the SP would affect their wells, increased traffic, police patrol, flooding, lighting, and landscaping. Chair Ferguson closed the public hearing. There was continued discussion from the Commissioners and staff. Additional comments from staff included Devin Stadler, Parks and Recreation Director and Victor Gonzalez, Economic Development Director, who explained their department's process in developing this area. Chair Ferguson re-opened the public hearing with continued discussion from the same three public speakers, the Commission, and staff. Chair Ferguson closed the public hearing. MOTION was made to recommend approval of the Proposed Rezoning for Approximately 233 Acres of Property Located South of Sahuarita Road and The Town Hall Complex, West of La Villita and North of El Toro Road. (Case No. SA9-24-00004) with the condition that the Town explore options for enhanced landscaping within the southern 60’ open space buffer with the intent of improving drainage, privacy, and screening for residents to the south. RESULT: APPROVED MOVER: Kevin Rau, Commissioner SECONDER: Daniel Millet, Vice Chair AYES: Mark Ferguson, Lori Brown, Daniel Millet, Aaron Escamilla, Kevin Rau 6. COMMUNITY DEVELOPMENT DIRECTOR’S REPORT: Community Development Deputy Director Nathan Barrett shared a few announcements with the Commission. 7. FUTURE AGENDA ITEMS: Community Development Director Casadei shared a few agenda items. 8. ADJOURNMENT: The meeting was adjourned at 7:35 P.M. Regular Meeting Action Minutes – March 3, 2025 Page 2 of 2 COMMUNITY DEVELOPMENT 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Planning & Zoning Commission Staff Report Case No. SA8-25-00002 Commission Meeting Date: April 7, 2025 Agenda Item 5 No. PREPARED BY: Dylan Parry, AICP, Senior Planner REVIEWED BY: Nathan Barrett, Community Development Deputy Director RECOMMENDATION: N/A SUBJECT: Study session for a zoning code text amendment to establish a special use permit process. LOCATION: N/A APPLICANT: Town of Sahuarita PROPOSAL: The Planning & Zoning Division is drafting a zoning code text amendment that would establish an administrative review process for minor temporary uses as well as select temporary off-site sign plans. BACKGROUND: Chapter 18.93 of the Sahuarita Town Code establishes the process for a temporary use permit while Chapter 18.79 establishes the process for a temporary off-site sign plan. While Staff was working on an amendment to the Temporary Use section of the code in 2024, Staff was also directed by the Planning & Zoning Commission to investigate an administrative process for Temporary Off-site Sign Plans (TOSSP). This led to Staff combining the two into a new process called a special use permit. 1 of 3 Case No. SA8-25-00002 April 7, 2025 COMMUNITY DEVELOPMENT 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov Temporary Use Process The Town code currently has a process by which all temporary uses go to the Board of Adjustment at a noticed public hearing for approval or denial. The Board of Adjustment can approve a temporary use not permitted in the code for a period not exceeding 1-year with the possibility of a 1-year extension. The Board of Adjustment process works well for uses that have the potential to have a larger impact and/or will be established for a longer timeframe. However, temporary uses that are minor in nature with less impact would benefit from a simpler administrative approval or denial process. In recent years, Staff has encountered requests for uses that would benefit from a simpler process. The proposed text amendment would create an administrative review process for minor temporary use requests and those uses that qualify are listed in the proposed text amendment, Town code chapter 18.07.070. Temporary Off-site Sign Plan In 2024, the Planning & Zoning Commission heard 2 applications for a Temporary Offsite Sign Plan (TOSSP) and after holding public hearings directed Staff to draft an administrative process by which some TOSSPs could be reviewed. In 2015, the Supreme Court ruled that sign regulations could not be based on the content of a sign. Following that court decision, the Town amended the sign code to restrict temporary signs, except for those proposed by a temporary off-site sign plan. The TOSSP process created an avenue for applicants who could benefit from temporary offsite signs but allowed them to be reviewed to ensure that the signage was the minimum needed to achieve their goals. Lacking such a review process the Town could not allow temporary signs for non-profits and schools without risking an uncontrolled proliferation of all types of commercial and non-commercial signs. Since the creation of the TOSSP process the Town has had 6 applications from 3 different applicants. The creation of an administrative process would encourage more applicants to submit for a TOSSP because the process will be less time-consuming for the applicant. To qualify for the administrative review, Staff have drafted standards related to the sign display period, number of display periods, total sign square footage, and number of signs. Special Use Permit 2 of 3 Case No. SA8-25-00002 April 7, 2025 COMMUNITY DEVELOPMENT 375 W. Sahuarita Center Way Sahuarita, AZ 85629 sahuaritaAZ.gov In drafting the Temporary Use text amendment Staff has created a new process called a special use permit. The new text is proposed to be located in Town Code Chapter 18.07, titled General Regulations and Exceptions. This amendment would also incorporate the Temporary Off-Site Sign Plan administrative review into the process for minor temporary uses under the new name special use permit. Under the new administrative review procedure, the application would be made to the Planning & Building Director who would either approve, deny or forward the request to either the Board of Adjustments or the Planning & Zoning Commission, as appropriate. Purpose of Study Session The goal of the study session is to solicit input from the Commission on the proposed amendment, especially as it relates to the administrative review of the Temporary Offsite Sign Plan with a focus on the standards being applied. REQUIRED ACTION: No action, study session only ATTACHMENTS: 1. Red line copy of proposed code amendment changes 3 of 3 Case No. SA8-25-00002 April 7, 2025 Agenda Item 5, Attachment 1 Chapter 18.07 GENERAL REGULATIONS AND EXCEPTIONS Sections: 18.07.010 Purpose. 18.07.020 Lots and parcels. 18.07.030 Land use regulations. 18.07.040 Land use exceptions. 18.07.050 Development standards exceptions. 18.07.060 Accessory buildings. 18.07.070 ReservedSpecial Use Permit. 18.07.080 Reserved. 18.07.010 Purpose. Reserved. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.07.020 Lots and parcels. A. Splitting of Lots. 1. No lot or parcel of land held under one ownership on July 19, 1995, shall be reduced in size below the minimum lot area or lot width required by this code; and 2. No building or use permit shall be issued for such deficient lot or parcel or portion thereof, except that on one street frontage of any one block of a subdivision, where lots having less than the minimum lot area or lot width existed prior to July 19, 1995, and existing unimproved lots so that minimum-size building lots may be used if split in accordance with the pattern previously established for the block; provided, that any new lot or building site so formed has not less than 80 percent of the minimum lot area and lot width required in the zone. B. Exceptions for Lots of Record. 1. This subsection shall apply to any lot: a. Shown upon an official subdivision map duly approved and recorded prior to July 19, 1995; or b. For which a bona fide deed is on record in the office of the county recorder; or c. For which a valid, bona fide contract of sale was in full force and effect on July 19, 1995, and said map, deed or contract of sale was of record on said date; or d. Split in accordance with the exception of subsection A of this section. 2. Any such lot may be used as a building site; provided: a. The yard and other requirements of this code are complied with; or b. If private subdivision restrictions or regulations were of record and unexpired on July 19, 1995, establishing less restrictive yard and area requirements for said lot, and at least one lot in said subdivision was improved in compliance with said private restrictions prior to said effective date, the zoning administrator may issue a permit under said private restrictions as to yard and area requirements for any use permitted by this code for said lot, but no permit shall be issued for more than one dwelling unit on any lot having less than the minimum area per dwelling unit of the zone in which said lot is located; 3. Each minimum side yard may be reduced by two inches for each one foot by which such lot is narrower than 55 feet; provided, that no minimum side yard shall be narrower than five feet; 4. The minimum rear yard may be reduced three inches for each one foot by which such lot is less than 125 feet in depth; provided, that no minimum rear yard shall be less than 20 feet. C. Area, Screening and Setback Credits for Trails Access Dedications. 1. The area of a lot or parcel dedicated to the town for public trails access shall be credited to the lot or parcel to satisfy any area, screening or setback requirement of a rezoning, this code or any permit issued thereunder. 2. Requests for the implementation of an area, screening or setback credit for public trails access shall be initiated by or submitted for approval to the director of the parks and recreation department. 3. Dedications and requests so approved by the director of the parks and recreation department shall be forwarded to the town council for acceptance. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.07.030 Land use regulations. A. Gasoline Service Stations. 1. No gasoline filling station or automobile repair shop shall have an entrance or exit for vehicles on the same side of the street within 35 feet of a residential zone. 2. Aboveground storage of gasoline or other flammables for consumption off site is permitted as an accessory use to a gasoline service station subject to the following: a. Storage tanks are subject to screening and other design requirements as provided in Chapter 18.82 STC, Design Standards. b. Storage of gasoline or other flammables above ground level in legally accepted containers of 55 gallons or less is permitted in all zones. c. Storage of gasoline or other flammables above ground level in legally accepted containers of greater than 55 gallons is permitted subject to the following: (1) In rural, residential, NC, and MX zoning districts, storage in containers of up to 100 gallons water capacity is subject to a Type 2 conditional use permit. (2) In B-1 zoning districts, storage in containers up to 100 gallons water capacity is permitted by right, subject to minimum setbacks of 100 feet from any property line adjacent to a rural or residentially zoned parcel and 50 feet from all other property lines. Storage in containers up to 600 gallons water capacity is subject to a Type 2 conditional use permit. (3) In B-2 zones, storage in containers up to 1,000 gallons water capacity is permitted by right, subject to minimum setbacks of 100 feet from any property line adjacent to a rural or residentially zoned parcel and 50 feet from all other property lines. Storage in containers up to 2,000 gallons water capacity is subject to a Type 1 conditional use permit. (4) The maximum height of a tank is 10 feet above grade, excepting venting, manways, and filler caps. (5) An aboveground storage tank must have a secondary containment tank. (6) A concrete pad must be provided under all tanks. (7) The construction, installation, and location of the aboveground storage tanks and the types of materials to be stored in the tanks must be approved by the town and state fire marshals. d. These regulations do not supersede or replace any other applicable town, county, state, or federal regulations and requirements for aboveground storage tanks. 3. All exterior light sources, including canopy, perimeter, and flood, shall be stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. No lens of any lighting fixture may extend below the shielding device. 4. A minimum of one permanent, non-flammable trash receptacle shall be installed at each pump island. 5. Pump islands shall be covered by a canopy that matches or complements the design of the main structure. 6. For gasoline service stations within or adjacent to rural or residential zones, a “good neighbor policy” in narrative form is required to be submitted to the planning and building department at the time of development plan submittal, which includes, but is not limited to, descriptions of acceptable measures to ensure ongoing compatibility with adjacent uses, including sound attenuation, lighting control measures, litter control measures and vehicular access and traffic control. The policy shall also include complaint response procedures, including investigation, remedial action, and follow-up. B. Maintenance of Stock-Tight Fences. All livestock and poultry kept in any rural, residential, business or industrial zone shall be kept confined by fences or other restraints of sufficient strength and durability to prevent such livestock and poultry from roaming at large. In the RH, SR, and SR-2 Zones and unsubdivided parcels zoned GR-1, SH and R-1, such fences may be constructed of barbed wire. Use of barbed wire in any rural or residential zone is limited to containment of livestock and poultry. C. Junk Storage in Residential and Commercial Zones. There shall be no open storage of used materials, appliances, furniture, machinery, etc., in any required yard in rural, residential, NC, MX, or B-1 Zones. D. Swimming Pools. 1. Private Swimming Pools. All private swimming pools shall be regulated according to the following requirements: a. Swimming pools shall be subject to the front yard requirements of that zone in which they are permitted and shall be located no closer than three feet from any side or rear property line of said zone. b. Outdoor lighting shall be hooded and controlled so that the source of the light shall not be visible from any adjoining residential zone beyond the boundary of the site. 2. Public, Semi-Public and Commercial Swimming Pools. All public, semi-public and commercial swimming pools shall be regulated according to the following requirements: a. Swimming pools shall be subject to the front, side and rear yard requirements of that zone in which they are permitted. b. Outdoor lighting shall be hooded and controlled so that the source of the light shall not be visible from any adjoining residential zone beyond the boundary of the site. c. No mechanical device for the reproduction or amplification of sounds and in connection with swimming pools shall create a nuisance to adjacent residential properties through the emission of noises, voices or music which is loud enough to cause complaints from adjacent residential property owners. E. Beekeeping. 1. The following beekeeping regulations apply to all zoning districts: a. The density of colonies in any zoning district shall not exceed one colony of bees for each 2,500 square feet of lot area. b. If bees are kept within 30 feet of any exterior lot boundary line, a barrier shall be erected that will prevent bees from flying through it. Such barrier shall: (1) Be at least five feet in height and shall consist of plant, hedge, or any constructed material; (2) Extend at least 30 feet beyond the hive(s) in both directions. c. Fresh, clean watering facilities for bees shall be provided on said premises. 2. Registration. a. Each beekeeper shall register the beekeeping operation with the Arizona Commission of Agriculture and Horticulture. b. The bees and equipment shall be kept in accordance with the laws of the state of Arizona as set forth in the Rules and Regulations of the Arizona Commission of Agriculture and Horticulture relating thereto, and all laws, rules and regulations amendatory thereof and supplementary thereto. 3. Exceptions. a. An exception to the provisions of this subsection shall be permitted for a period not to exceed 60 days for bees actively participating in commercial agricultural activities. b. Nothing in this subsection shall be deemed or construed to prohibit the keeping of bees located or kept within a government facility, a school, or a university facility for the purpose of study or observation. F. Minor Resort Regulations. 1. Scope. This subsection shall be applicable to minor resorts in any zone where permitted as a conditional use; 2. Intent. These regulations are intended to allow for minor resorts which meet the lodging, convention and recreational needs of short-term visitors to the town of Sahuarita and are not intended to allow for the development of residential units for permanent or long-term residential use; 3. Accessory Uses. a. Permitted Uses. (1) Meeting rooms; (2) Restaurants and drinking establishments; (3) Retail and service establishments; provided, that the total floor area of all such establishments does not exceed five percent of the total floor area of the minor resort; (4) Swimming pools and spas; (5) Game courts such as tennis and racquetball; (6) Fitness and exercise centers; and (7) Equestrian facilities, provided: (a) There is not more than one horse for each 10,000 square feet of the site area; and (b) No stable or corral is within 100 feet of any property line or within 300 feet of any existing structure on an adjacent property. b. Other Provisions. (1) Accessory uses shall be operated primarily for guests of the minor resort; (2) No sign identifying an accessory use shall be visible from a public street; and (3) No entrance to an accessory use shall face a public street. (4) Development Standards. (a) Minimum site area: 10 acres. (b) Other development standards: In accordance with the zone where located. G. Fire Stations. 1. Scope. a. Fire stations and related facilities are permitted in all zones, subject to the requirements of this subsection. b. The location of any proposed fire station shall be discussed with town staff prior to proceeding with the provisions of this subsection. 2. In rural and residential zones, a Type 2 conditional use permit with a hearing notification area of 500 feet is required in accordance with Chapter 18.97 STC. 3. Development Standards. a. Fire stations shall meet the requirements of the zone in which located, except that the minimum site area in: (1) R-2 zoning shall be 36,000 square feet; (2) R-3, R-4, R-5, MH-1 and MH-2 zoning shall be 10,000 square feet. b. All fire station sites in rural and residential zones shall have a minimum 100 feet of frontage for primary access on a road shown on the major streets and routes plan. 4. Performance Standards. a. Off-Street Parking. All parking for employees and visitors shall be off-street and shall be provided in accordance with Chapter 18.75 STC (Off-Street Parking and Loading Standards). b. Landscaping and Screening. Landscaping and screening shall be provided in accordance with Chapter 18.73 STC. c. Traffic Safety. The provision of access for emergency vehicles shall include appropriate methods to minimize the endangerment of passing vehicles. 5. Development Review. A development plan shall be submitted and reviewed in accordance with Chapter 18.71 STC (Development Plan Standards). H. Reserved. I. Holiday Outdoor Sales. 1. Holiday outdoor sales of items such as pumpkins and Christmas trees are permitted in business and industrial zones subject to issuance of a temporary use permit by the zoning administrator. 2. The permit shall be valid for no more than 60 days from the date of issuance and shall be valid only for the uses as approved by the zoning administrator. [Ord. 2023-167 § 1; Ord. 2016-112 § 1; Ord. 2016-110 § 1; Ord. 2015-105 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.07.040 Land use exceptions. A. Additional Permitted Uses. The following accessory uses shall be permitted in any zone when the principal use itself is permitted: 1. The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions; 2. Recreation, refreshment and service buildings in public parks, playgrounds and golf courses. B. Public Utilities Permitted. 1. Nothing in this code shall prevent the location, erection, alteration or maintenance of pipes, poles, wires, and similar installations necessary to distribute public facilities; 2. In addition to other provisions of this code, the uses of this subsection shall be permitted in any zone and shall not be subject to the minimum lot area requirements. Barbed wire may be used on fences and walls for security purposes, provided the wire is more than six feet above ground level; 3. Water pumping and storage facilities operated as part of a system serving two or more properties as a public, private or community utility: a. Subject to the requirements for detached accessory buildings in the zone in which located, b. Provided a wall or hedge is used to screen the site, c. Where a tower more than 20 feet in height is used in conjunction with such facilities, its center shall be located a distance from any lot line equal to not less than one-half its height; 4. Telephone, telegraph or power substations: a. Any building housing such substation shall be in keeping with the character of the zone in which located, b. A substation not enclosed within a building shall be subject to: (1) The minimum front and side yards of the zone in which located, and (2) Appropriate screen planting along any street frontage, which planting and any necessary fencing shall be set at a distance not closer to a street lot line than the minimum front and side yards of the zone; 5. Power substations with an input voltage of 115 kilovolts or greater shall be subject to the following requirements: a. Setback. That the facility, including walls or equipment, is located no closer than 200 feet to any existing residential property line, b. Screening. (1) That the facility include a 10-foot-high wall in an earth tone and vegetative landscaping when contiguous to a residential zone, (2) Vegetative landscaping shall be located to preclude attracting athletic activities in the setback area, c. Height. That the facility observe the height restriction of the zone in which located, d. Notification. When the utility purchases land with the intent of constructing a power substation facility, the property must be posted stating that intent, e. Noise Emissions. (1) That the sound level emitted by the facility shall not exceed 45 DBA at the property line, (2) That there shall not be any TVI (television interference) or RIV (radio interference) on a continuous basis, f. The town council may waive the minimum requirements of subsections (B)(5)(a) through (e) of this section, or impose more restrictive requirements at an advertised public hearing if the town council determines such an action is in the public interest, g. Power substation permit issued by the town council after a public hearing: (1) Notice shall be given by mail to all owners of record within 600 feet of the substation and by posting the substation site, (2) An applicant for a permit shall pay a fee as set forth in Chapter 3.10 STC, h. The town council may approve or deny an application and may impose reasonable conditions upon the issuance of a substation permit and shall consider the following factors: (1) Existing plans of the state, local government and private entities for other developments at or in the vicinity of the proposed site, (2) Fish, wildlife and plant life and associated forms of life upon which they are dependent, (3) Noise emission levels and interference with communication signals, (4) The proposed availability of the site to the public for recreational purposes, consistent with safety considerations and regulations, (5) Existing scenic areas, historic sites and structures or archaeological sites at or in the vicinity of the proposed site, (6) The total environment of the area, (7) The technical practicability of achieving a proposed objective and the previous experience with equipment and methods available for achieving a proposed objective, (8) The estimated cost of the facilities and site as proposed by the applicant and the estimated cost of alternative facilities and sites, recognizing that any significant increase in costs represents a potential increase in the cost of electric energy to the customers or the applicant, (9) Any additional factors which require consideration under applicable federal, state, county, and town of Sahuarita laws, (10) The town council shall give special consideration to the safety and health of neighboring residents, i. The requirements of subsections (B)(5)(g) and (h) of this section shall be eliminated on those sites which are considered by the Arizona Power Plant and Transmission Line Siting Committee when that committee contains adequate local representation. The determination of adequate local representation on the committee shall be made by the town council at a public hearing. C. Clay, Sand or Gravel Pits, Rock or Stone Quarries, Gas or Petroleum Drilling Permitted. Clay, sand or gravel pits, rock or stone quarries and drilling for petroleum or natural gas may be permitted in the RH and I-2 zones; provided, that said use is designed and located so as not to create any unusual hazard or nuisance in the immediate neighborhood of the proposed site of said use, and the zoning administrator is hereby authorized to issue a permit for said uses under the conditions set forth in STC 18.53.020(C) (I-2 General Industrial Zone). [Ord. 2023-167 § 1; Ord. 2015-105 § 1; Ord. 2011-048 § 1; Ord. 2008-07 § 18; Ord. 1995-06 § 2.] 18.07.050 Development standards exceptions. A. Exception for Walls and Fences. The yard and setback requirements of this code shall not apply to perimeter walls or fences: 1. Six feet or less in height and designed as security, privacy or screening elements of the site or lot; 2. Of any type or dimension when required or permitted in accordance with Chapter 18.73 STC (Landscaping, Buffering and Screening Standards). The location and height of any wall or fence shall meet all applicable sight visibility standards and requirements. B. Projections into Yards. 1. Unroofed stairs and wheelchair ramps with a height of no more than six feet above grade including railings may project into any required front, side, or rear setback. 2. Patios, porches, platforms, decks and other similar unenclosed areas not covered by a roof or canopy and not over three feet high above the average natural grade may project into any required side or rear yard setback but shall be no closer than five feet from any property line. 3. Building projections, window sills, cornices, bump outs, awnings, eaves, and other similar architectural features may extend no more than two feet into any required front, side or rear setback, but shall be no closer than two feet from any property line. 4. In any business or industrial zone, a marquee, canopy or awning, suspended or cantilevered from a building, either for the purpose of, or for giving the appearance of shelter or shade, may project not more than 10 feet into any minimum front yard. C. Exception for Slope. Parking spaces or detached garages may be occupied or built to within five feet of the street line on any lot where: 1. The slope of the front half of the lot is greater than one-foot rise or fall in a seven-foot run from the established street elevation at the property line; or 2. The elevation of the front half of the lot is more than four feet above or below the established street elevation at the property line. D. Front Yard Exceptions for Existing Alignment. 1. In any rural or residential zone: Where a lot adjoins lots having existing front yards less than the minimum required by this code, the minimum front yard on said lot shall be the average of the existing front yards on the two adjoining lots, or, if only one of the lots is built upon, such front yard shall be the average of the existing front yard of the adjoining lot and the minimum front yard of the zone, provided no such front yard shall be less than 10 feet. 2. In any B-1 or B-2 Zone: Where one or more buildings used for commercial or industrial purposes and located on interior lots have existing front yards less than the minimum required by this code, the minimum front yard required on all other lots within the same block front and not more than 500 feet from said existing building need not be greater than the least front yard existing. 3. In any zone: Any property fronting or abutting on a turnaround at the end of a cul-de-sac, or a similar increased radii of the street property line at the angle in a street, the minimum front yard required shall be one-half of the front yard required in the particular zone. E. Rear Yard Adjoining Alley. 1. A minimum rear yard may be measured to the centerline of an alley adjoining such rear yard; provided, that the required rear yard shall not be reduced more than 10 feet. 2. In any R-2 or denser residential zone where a 10-foot half right-of-way for an alley is provided, the first five feet of such half right-of-way multiplied by the width of any lot where it abuts on the alley may be included as part of the overall lot area for the purpose of meeting the minimum lot area requirements; provided, that the net rear yard is not less than 17 feet. F. Rear Yard Exception on Corner Lot. On any corner lot in an R-3, R-4, R-5, or B-1 Zone, the minimum rear yard may be reduced to not less than 10 feet from the rear property line, provided the minimum side yard on the side street is increased by 10 feet and the off-street parking provisions of Chapter 18.75 STC (Off-Street Parking and Loading Standards) are complied with. G. Height Limit Exceptions. The height limits of this code shall not apply to: 1. Barns, chimneys, conveyors, cupolas, derricks, flagpoles, parapet walls extending not more than four feet above the height limit of the building, silos, smokestacks, power transmission towers, windmills and power transmission poles; 2. Religious uses, hospitals, schools or other public and semi-public buildings. Any such building may be erected to a height not exceeding 44 feet, provided the minimum side and rear yards are increased by an additional foot in width or depth for each foot by which the height of such building exceeds the maximum height permitted in the zone in which such building is to be located; 3. Bulkheads, elevator penthouses, monitors, scenery lofts and water tanks; provided, that: a. Such structures above the height limits specified for the zone shall not in the aggregate occupy more than 25 percent of the area of the lot, and b. No linear dimension of any such structure shall be greater than one-half of the length of the corresponding street lot line if the structure is within 25 feet of such street lot line; 4. Towers, restricted to fire and hose towers, cooling towers for industrial operations, gas holders, grain elevators, sugar refineries or other structures where the manufacturing process requires a great height; provided, that such structures above the height limit specified for the zone shall: a. Not in the aggregate occupy more than 25 percent of the area of the lot, b. Be a distance not less than 25 feet from every lot line not a street lot line, and c. Be not less than one foot from the opposite side of each abutting street for each foot of the vertical height; 5. Natural convection towers except as provided in this subsection. A Type 2 conditional use permit shall be obtained for the tower and the proposed tower height must be approved by the town council at the conditional use public hearing. For the purpose of this paragraph, a “natural convection tower” means a chimney-like structure, which can be integrated with a main building and its HVAC (heating, ventilating and air conditioning) system, and uses natural convection to move air up or down the tower with the designed purpose and effect of cooling or heating the building with only limited, secondary use of fans or blowers. The following restrictions shall apply to such towers: a. A minimum of 75 percent of the height of the tower must be used for the natural convection chimney effect, b. A minimum of 50 percent of the cross-sectional area of the tower must be dedicated to airflow for the cooling operation, c. The minimum setback of the tower from any scenic route shall be three feet of horizontal distance for every foot of vertical tower height, with the setback measured from the edge of the street right-of-way as designated on the major streets and routes plan; d. The minimum setback of the tower from any property line shall be 25 feet, unless a greater building setback is required by the applicable zone, the major streets and routes plan, or subsection (G)(5)(c) of this section. [Ord. 2016-107 § 1; Ord. 2015-105 § 1; Ord. 2015-097 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.07.060 Accessory buildings. A. Accessory Building Attached to Main Building. An accessory building attached to the main building shall have at least 50 percent of the length on one of its walls integrated with the main building and such accessory building shall comply in all respects with the requirements for the main building. B. Detached Accessory Building on Corner Lot. 1. On any corner lot an accessory building shall be not closer to the street side lot line than the width of the side yard required for the main building on that lot. 2. Where the rear of a corner lot adjoins a key lot, no part of an accessory building within 10 feet of the rear lot line shall be nearer the street side lot line than the depth of the front yard required on the key lot. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.07.070 ReservedSpecial Use Permit. A. Purpose. The purpose of the Special Use Permit is to regulate minor limited duration uses that extend beyond what is expressly allowed by the applicable base zone in terms of use and/or development standards. B. Uses subject to a special use permit. 1. The following uses may be permitted as a special use in any zone unless otherwise specified in this ordinance. a. Temporary security trailer or office for active construction sites that meet the following conditions. Sites are no longer considered active if construction ceases for 60 days. (1) Must be located at a building site where there is a valid building permit for the construction of the project, or in the case of a residential subdivision, a valid building permit for at least one of the residential units being constructed. (2) Must meet the required building setbacks for the zone that it is located in. (3) All trailers must be removed within 30 days of the completion of the project. b. Temporary models sales complex c. Holiday outdoor sales not to exceed 30 days per individual holiday and not to exceed 40 consecutive days. d. Farmer’s Market not to exceed 3 consecutive days and 6 days per month. e. R.V. for guests on private property in residential zones for no longer than 10 consecutive days and no more than 10 days total in any 6-month period. f. temporary container storage during construction or for holiday season merchandise that meet the following requirements. (1) Must be placed in a location that is screened from view from adjacent properties and does not create traffic, parking or circulation issues. (2) Shall not exceed 60 days. g. Other uses similar in nature as determined by the Planning & Building Director. h. Temporary off-site sign plans that meet the following requirements. (1) Sign display shall not exceed 60 days per any 365-day period; and (2) The number of display periods shall not exceed 3 per any 365-day period; and (3) Signage total shall not exceed 120 square feet of signage and 12 square feet per individual sign; and (4) The number of signs shall not exceed 20 signs total. (5) The application must meet the requirements established in STC 18.79.060. C. Standards. 1. A special use permit may be issued only after finding that the use: a. Is of a true temporary nature; and b. The special use Is compatible with the nature, character and use of the surrounding area; and c. The operation of the special use will not adversely impact the surrounding neighborhood; and d. The proposed use is not detrimental to the health, safety, or welfare of the community; and e. Does not violate state law or other provisions of Town of Sahuarita ordinances. D. Application 1. A special use permit application may be requested by a property owner by submitting an application on a form prepared by the Planning & Zoning Division. a. The application shall include information to facilitate the Planning & Building Director’s understanding of the temporary use request as follows: (1) A legal description of the property; and (2) A letter of authorization for any agent of the property owner; and (3) A site plan showing all proposed structures, vehicular circulation and parking emergency ingress/egress and setback distances to the property line; and (4) A floor plan detail when the request pertains to interior access or use; and (5) A narrative explaining the reason for the request including timeframe needed for the temporary use; and (6) Fees, in accordance with the adopted fees for a Type 1 Conditional Use Permit. E. Time Limit. 1. The Special Use Permit shall not be valid for more than 6 months unless expressly stated elsewhere in this code. F. Decision 1. The planning and Building Director will issue a decision in writing on the special use permit within 10 business days of submittal of a complete application. 2. The Planning and Building Director may impose such conditions as will safeguard the public health, safety, convenience and general welfare. G. Revocation 1. The violation of any conditions imposed by the Director shall constitute a violation of this code and, subject to 24 hours’ notice, the special use permit may be revoked. [Ord. 2011-048 § 1; Ord. 1995-09 § 1; Ord. 1995-06 § 2.] 18.07.080 Reserved. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] Chapter 18.03 GENERAL DEFINITIONS Sections: 18.03.010 General usage. 18.03.020 Definitions. 18.03.030 Illustrations. 18.03.010 General usage. A. The definitions provided for in this chapter shall apply throughout this code, unless a different meaning is clearly indicated by the context or the term is defined differently in any other chapter. B. When not inconsistent with the context, words in the: 1. Present tense include the future; 2. Singular number include the plural; and 3. Plural number include the singular. C. The word “building” includes the word “structure,” and the word “shall” is mandatory and not directory. D. Terms found in uppercase type refer to definitions found elsewhere in this chapter. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.] 18.03.020 Definitions. A. Definitions “A.” “Accessory building” means a subordinate building or portion of the main building on the same lot or building site, the use of which is incidental to that of the main building and which is used exclusively by the occupants of the main buildings or their nonpaying guests or employees. …………………………………………………………………………………………………………………….. “Sign, window” means an on-site sign inside of, affixed to, or painted on a window, and intended to be seen from the outside. An interior sign that faces a window and is located within 12 inches of the window is considered a window sign. Excludes merchandise displays. “Single-family attached” means a single-family home that shares one or more walls with another single- family home including duplexes and triplexes. “Social service facility” means an establishment where the principal function involves providing on-site food, clothing, shelter, employment, or other related services primarily intended for disadvantaged persons with limited ability for self-care or those persons in need of counseling for employment or those persons with personal or behavioral disabilities. The term shall include the principal assistance or service facility and all appurtenant or related establishments intended for use by the patrons of the principal facility. The term shall include food banks, homeless shelters, charity dining facilities, rescue missions, day labor hiring centers, and similar facilities. “Special Use” means a minor limited duration use that extends beyond what is expressly allowed by the applicable base zone in terms of use and/or development standards. “Specific plan” means a zoning document adopted in accordance with Chapter 18.90 STC (Specific Plans) that includes text, maps or other exhibits regulating land use and development within a specified area of the town. ………………………………………………………………………………………………………………………… ……………….

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