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    Reserved.

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. Filling Stations, Repair Shops and Public Garages.

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, nor shall any part of a gasoline filling station or automobile repair shop be within 50 feet of the grounds of any school, public playground, church, hospital, sanatorium, public library or institution for dependents or for children.

2. No gasoline filling station or public garage shall have any oil draining pit or visible appliance for such purpose, other than filling caps, located within 12 feet of any street lot line or within 50 feet of any residential zone, unless such appliance or pit is within a building and at least 12 feet distant from any vehicular entrance or exit of such building.

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.

1. Use of Barbed Wire. Barbed wire may be used on fences or walls for security purposes in the B-2 General Business District, and the MU, I-1 and I-2 Industrial Districts, provided the wire is more than six feet above ground level.

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, RVC, 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 four 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. 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, TR, MH-1 and MH-2 zoning shall be 10,000 square feet.

b. All fire station sites 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. Screening. An aesthetically pleasing visual screen shall buffer all outdoor facilities, including parking areas, when the site is either zoned for, or adjacent to, rural or residential zoning.

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. Communication Towers.

1. Purpose.

a. To allow new communication towers in residential or rural zones only if a compatible site is unavailable in commercial or industrial zones.

b. To maximize the use of any new communication tower to reduce the number of towers needed.

c. To minimize the adverse visual effects of towers through careful design, siting and screening.

d. To avoid potential damage to adjacent properties and occupied structures from tower failure through engineering and careful siting of tower structures.

2. Applicability. Communication towers are permitted in any zone subject to the conditions of subsection (H)(3) of this section.

3. Conditions.

a. The applicant shall be required to prove that a planned tower requires use of the proposed site to achieve a communications result that cannot reasonably be achieved from, or cannot be accommodated on or adjacent to the site of an existing or approved tower.

b. The tower shall be located on commercially or industrially zoned land unless the applicant can prove that there is no reasonable effective way under applicable radio frequencies and other engineering criteria to locate it on land zoned for those uses.

4. Development Standards.

a. Minimum site area: 18,000 square feet in B-1 Zone. Thirty-six thousand square feet or the minimum site area of the zone in which located, whichever is greater.

b. Minimum setbacks for buildings, towers and guy wires: 50 feet.

c. Towers over 200 feet in height shall not be permitted in residentially zoned areas.

d. Towers over 200 feet in height shall be located only in commercially or industrially zoned areas and shall comply with FAA painting and lighting standards to provide for aircraft safety.

e. Towers shall be located adjacent to a town maintained road.

f. Landscaping shall be in accordance with Chapter 18.73 STC (Landscaping, Buffering and Screening Standards).

5. Application Procedures.

a. Approval shall be obtained through the Type 3 conditional use permit procedure of Chapter 18.97 STC (Conditional Use Procedures), except that a sketch plan shall be submitted in accordance with STC 18.91.030(F)(1) (Rezoning Procedures).

b. A report from a professional engineer shall be submitted at the time of application, which shall:

(1) Describe the tower and the technical, economic and other reasons for the tower design, and the radio frequency engineering reasons requiring use of the proposed site.

(2) Demonstrate that the tower complies with the applicable structural standards.

(3) Describe the capacity of the tower, including the number and type of antennas that it can accommodate and the basis for the calculation of capacity.

c. Federal Compliance.

(1) The applicant shall provide a written statement from the Federal Communications Commission and Federal Aviation Agency that the proposed tower and its communications use by the applicant complies with applicable regulations administered by those agencies or that the tower is exempt from those regulations;

(2) If an applicable agency does not provide a requested statement after the applicant makes a timely, good-faith effort to obtain it, the application is complete. The applicant shall, prior to obtaining a building permit for the tower, send a subsequently received agency statement to the zoning administrator.

6. Exemption.

a. An applicant for a permit to construct a communications tower shall be exempt from the provisions of this chapter, except the requirements under subsection (H)(4) of this section (Development Standards), if the applicant can demonstrate at the time of application for building permits that:

(1) The new tower replaces an existing tower, and

(2) The height of the new tower does not exceed 150 percent of the height of the existing tower, not to exceed a maximum of 200 feet.

b. For the purpose of this chapter, “site of an existing tower” is defined as the parcel upon which a tower is currently located; provided, that an existing tower and a new tower shall not be located on a single parcel unless all provisions of this chapter have been met.

I. Adult Activities Facility Standards.

1. Purpose. The purpose of this subsection is to provide for the uniform regulation of adult activities facilities by limiting the concentration of adult activities facilities through the imposition of spacing requirements, thereby mitigating crime, maintaining property values, protecting retail trade and preserving the quality of life in rural and residential neighborhoods.

2. Enclosure. An adult activities facility shall be conducted solely within an enclosed structure or building.

3. Spacing. An adult activities facility shall be at least:

a. One thousand feet from another adult activity facility;

b. Five hundred feet from a public, private, or parochial school;

c. Five hundred feet from a public park;

d. Five hundred feet from a church;

e. Five hundred feet from a zoning district other than B-2, I-1, and I-2.

4. Method of Measurement. The spacing requirement set by this subsection shall be measured from the lot line of the proposed facility to a zoning district boundary line or to the lot line of a church, school, park, or another adult activities facility.

5. There shall be no more than one adult activities facility per lot.

J. Holiday Outdoor Sales.

1. Holiday outdoor sales of 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. 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 any zone, except MU; 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. 2011-048 § 1; Ord. 2008-07 § 18; Ord. 1995-06 § 2.]

18.07.050 Development standards exceptions.

A. Individual Lot Size Reductions. The provisions for the lot reduction option (STC 18.09.050, General Residential and Rural Zoning Provisions) shall not affect the power of the board of adjustment to allow reduction of individual lot sizes on the standards provided in STC 18.93.030 (Board of Adjustment Variances, Temporary Use Permits and Interpretations).

B. 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.

C. Projections into Yards.

1. Unenclosed porches and stairways, unroofed and unenclosed above or below floor or steps, may project not more than three feet into any minimum side or rear yard.

2. Open terraces, not over three feet high above the average natural grade and distant at least five feet from every lot line, may project into any minimum side or rear yard.

3. 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.

D. 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.

E. 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.

F. 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.

G. Rear Yard Exception on Corner Lot. On any corner lot in an R-3, R-4, R-5, TR 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.

H. 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. Churches, hospitals, sanatoriums, 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 (H)(5)(c) of this section. [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 Reserved.

[Ord. 2011-048 § 1; Ord. 1995-09 § 1; Ord. 1995-06 § 2.]

18.07.080 Reserved.

[Ord. 2011-048 § 1; Ord. 1995-06 § 2.]