Chapter 18.09
GENERAL RESIDENTIAL AND RURAL ZONING PROVISIONS

Sections:

18.09.010    Purpose.

18.09.020    General requirements and exceptions.

18.09.030    Home occupations.

18.09.040    Cluster development option.

18.09.050    Lot reduction option.

18.09.060    Reserved.

18.09.070    Multisectional manufactured home subdivision option.

18.09.080    Small lot subdivision option.

18.09.090    Model home permits.

18.09.010 Purpose.

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

18.09.020 General requirements and exceptions.

A. Uses Permitted in All Rural and Residential Zones.

1. The following uses shall be permitted in all rural and residential zones (except as noted in subsection (A)(2) of this section), subject to the requirements of the zone and any special conditions, as may be noted:

a. Single detached or one-family dwelling;

b. Accessory building or use;

c. Church, providing the minimum off-street parking requirements, as set forth in Chapter 18.75 STC (Off-Street Parking and Loading Standards), are met;

d. Home occupation (refer also to STC 18.09.030);

e. Medical marijuana designated caregiver cultivation location. A designated caregiver may cultivate at their primary residence for a single qualified patient subject to compliance with ARS Title 36, Chapter 28.1 and with the following conditions:

(1) Medical marijuana cultivation as an accessory use to a primary residence shall not be detectable from the exterior of the building in which the cultivation takes place.

(2) Medical marijuana cultivation space shall not exceed 50 square feet.

(3) All cultivation of medical marijuana shall take place in an enclosed, locked facility which shall have a single secure entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana;

f. Medical marijuana qualifying patient cultivation location. A qualifying patient may cultivate at their primary place of residence subject to compliance with ARS Title 36, Chapter 28.1 and the requirements of subsection (A)(1)(e) of this section;

g. Public park;

h. Public school;

i. Parochial school.

2. Exceptions.

a. RH Zone: Private schools are permitted as a conditional use (refer to Chapter 18.97 STC, Conditional Use Procedures);

b. GR-1 Zone: Private schools are permitted as a conditional use (refer to Chapter 18.97 STC, Conditional Use Procedures);

c. TH Zone: All uses of subsection (A)(1) of this section are prohibited;

d. MH-1 Zone: Public schools are prohibited;

e. MH-2 Zone: Public schools are prohibited;

f. MU Zone: Parochial schools are prohibited;

g. SR Zone: Parochial schools are permitted as a conditional use (refer to Chapter 18.97 STC, Conditional Use Procedures).

B. Parking of Unoccupied Trailers.

1. Any trailer not in use for residential purposes may be stored or parked in any SR, SR-2, R-1, R-2, R-3, R-4 or R-5 Zone only if said trailer is located to the rear of the principal dwelling on the lot, parcel or tract where said trailer is to be stored, and is stored in a garage or ramada or behind planting of sufficient height to shield said trailer from view from the adjoining properties; and

2. No more than one such trailer may be parked on any such residential lot, parcel or tract.

C. Maximum Density and Homeowners’ Association Requirements for Townhouses and Apartments.

1. In zones designated R-4, R-5, TR, MU and B-1, townhouses and apartments shall have a:

a. Density requirement of not more than one dwelling per 2,000 square feet for townhouses and 1,000 square feet for apartments, or the density requirement of the zone in which the units are located, whichever is more restrictive; and

b. Mandatory homeowners’ association for townhouses as required in STC 18.09.040(I) and for condominium apartments as required in ARS 33-1241 et seq.

2. Building setback requirements shall be the same as the setback requirements in the zone where the lots are created and shall be determined from the boundaries of the proposed development.

D. Rear Dwelling Requirements. In addition to other requirements of this code, the following shall apply to any dwelling in the rear of a principal building:

1. There shall be provided an unoccupied and unobstructed access way to a street, which access way shall have a width of at least 15 feet for one dwelling unit and at least 20 feet for two or more dwelling units;

2. For the purpose of determining the front yard for a rear dwelling in any R-1, R-2, or R-3 Zone, the rear line of the rear yard required for the building in the front shall be considered the front lot line for the building in the rear.

E. Group Foster Homes.

1. Scope. Group foster homes shall be permitted in the SR, SR-2, SH, R-1, R-2, R-3, R-4, R-5, TR and MH-1 Zones, subject to issuance of a use permit by the zoning administrator showing compliance with the requirements of this subsection;

2. Requirements.

a. Lot Size. That the establishment is located on a parcel of land not less than:

(1) Eight thousand square feet in size when serving no more than six persons, or

(2) Sixteen thousand square feet when serving seven to 10 persons, or

(3) The minimum lot size of the appropriate zone, whichever is larger, and

b. Setback. That the group foster home is more than 1,200 feet from any existing group foster home, and

c. License. That the establishment is licensed to operate as a group foster home by the Department of Economic Security of the State of Arizona;

3. Appeal of Special Group Foster Home Permit.

a. Prior to the issuance of a special group home permit all property owners within 300 feet shall be notified by mail and given 20 days in which to file written objection with the zoning administrator,

b. The objection shall be heard as an appeal by the board of adjustment in accordance with Chapter 18.93 STC (Board of Adjustment Variances, Temporary Use Permits and Interpretations);

4. Appeals. Appeals to the board may not be taken for those uses exempted by ARS 36-581 et seq.

F. Operative Builder’s Yard Provisions.

1. Any licensed residential building contractor may apply for a temporary and revocable permit for a builder’s yard, warehouse, or real estate office, in any subdivision of record in any residential zone in which the applicant owns or controls 10 or more commercial acres, provided the use is used exclusively to service a residential building project in the subdivision of that land.

2. The permit shall be for a period of 12 months, but the permit may be extended or renewed for an additional period of 12 months if 50 percent or more of the project area has been completely developed during the original permit period.

3. At the expiration of the permit period or any extension thereof, the builder’s yard, warehouse, or real estate office shall be removed from the premises where located within 60 days from the date of expiration.

G. Guest House.

1. Shall be permitted on any residential or rural lot which has a minimum lot size of 16,000 square feet or more;

2. Shall be no larger than 45 percent of the floor area of the main dwelling;

3. Only one guest house per lot shall be allowed;

4. Minimum Yard Requirements.

a. Front: In accordance with detached accessory building;

b. Side and rear: 20 feet;

c. Distance to main structures: 20 feet;

5. One additional on-site parking space shall be required for each bedroom within the guest house;

6. Shall use the same access which serves the main dwelling;

7. The guest house and the main dwelling shall not be served by separate utility meters; and

8. The owner shall record a covenant running with the land stating that no kitchen shall be built within the guest house unless the appropriate zoning is secured to allow a second dwelling unit or the conditions of subsection (G)(9) of this section are satisfied;

9. A kitchen shall be allowed in a guest house if:

a. The guest house is occupied by an ill, handicapped or elderly relative in need of special care or supervision; and

b. The guest house occupants are related to the owner of the main dwelling; and

c. The property owner shall provide a statement signed by a physician that special care or supervision is required by the guest house occupant; and

d. Prior to the issuance of a building permit, the property owner shall record a covenant running with the land stating that the kitchen shall be removed from the property within 90 days of the date the guest house is no longer occupied by the ill, handicapped, or elderly relative who is in need of special care or supervision.

H. Child Care Center.

1. Child care centers in conjunction with an existing church, private school or community service agency shall be a Type 1 conditional use permitted in all rural and residential zones, and subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 18.97 STC;

2. Requirements.

a. A decorative masonry wall, fence, or combination, at least four feet in height, shall be provided for the enclosure of the outdoor play area,

b. Existing off-street parking and loading areas may be utilized; however, they shall be in accordance with Chapter 18.75 STC (Off-Street Parking and Loading Standards),

c. Hours of operation shall be between 6:00 a.m. and 9:00 p.m.,

d. License. The child care center shall be licensed to operate as a child care center by the Office of Child Day Care of the Arizona Department of Health Facilities.

I. Adult Care Home.

1. Certification. That the establishment is certified, licensed or registered to operate as an adult care home, if required by state or local law.

2. Gross Floor Area. Adult care homes shall have a minimum gross floor area of 2,000 square feet for six to 10 residents.

3. Compliance Review.

a. Adult care homes shall obtain a certificate of occupancy if required by town building codes.

b. An adult care home is subject to issuance of a zoning use permit or zoning construction permit by the zoning administrator which establishes compliance with the requirements of this section.

J. Secondary Dwelling.

1. Application. In RH and GR-1 Zones, a property owner may apply to the zoning administrator for a permit to allow a secondary dwelling. The application shall include:

a. Legal description,

b. Signatures of the property owners of record or the authorized agent of the owner,

c. A letter of authorization if the property owner is represented by an agent,

d. A site plan of the subject property showing existing and proposed structures, access, parking, and distances from structures to property lines and to other structures,

e. Any other information reasonably necessary to evaluate the application which is required by the zoning administrator,

f. A fee per adopted fee schedule.

2. Standards. A secondary dwelling permit shall be subject to the following standards:

a. Only one secondary dwelling per lot shall be allowed,

b. Secondary dwelling shall meet the minimum setback requirements prescribed in the Development Standards – General of the property’s zoning classification,

c. The same access which serves the main dwelling shall be used for the secondary dwelling,

d. The secondary dwelling will not cause adverse effects to surrounding properties.

3. Additional Conditions. The zoning administrator may attach additional conditions to the permits to mitigate possible adverse effects to surrounding properties.

4. Appeals. Prior to the issuance of a secondary dwelling permit, property owners within 300 feet of the subject property shall be notified by mail and given 15 days from the date of mailing of notice to file written protest with the zoning inspector.

a. The notification shall include the approved sketch plan and the procedure and requirements for submitting an appeal;

b. The written protest shall include the name and address of the person submitting the appeal and reasons why the application does not meet the secondary dwelling standards in subsection (J)(2) of this section;

c. The board of adjustment shall hear the appeal in accordance with Chapter 18.93 STC (Board of Adjustment Variances, Temporary Use Permits and Interpretations).

5. Action by the Zoning Administrator. A secondary dwelling permit may be issued by the zoning inspector if no written protest is received and the standards in subsection (J)(2) of this section are met. The secondary dwelling permit shall be in accordance with STC 18.93.050(A) and (B).

6. Validity and Renewal of Permit. A secondary dwelling permit shall be valid for up to three years and may be renewed by the zoning inspector. A property owner requesting renewal of the permit shall submit to the zoning administrator evidence that the secondary dwelling is still needed and that conditions of the permit have been met.

7. Fee. The fee shall be in accordance with the standard fee for variances as specified in the fee schedule for the town of Sahuarita. No additional fee is required for an application forwarded as a variance to the board of adjustment. [Ord. 2011-048 § 1; Ord. 2010-042 § 2; Ord. 1995-06 § 2.]

18.09.030 Home occupations.

A. Purpose. The purpose of the home occupations regulations is to allow small commercial ventures that are appropriate in scale and impact to be operated in a residence. Two types of home occupations are allowed in the town; one is permitted by right and the other requires a conditional use permit. Home occupations must comply with all other local, state or federal regulations for the activity desired.

B. Definitions.

1. “Home occupation” means a business or commercial activity that is conducted as a secondary use to the principal dwelling.

2. “Child care home occupation” means providing compensated child care from a residence to no more than six children unrelated to the resident child care provider at the same time and shall be permitted through an administrative process subject to the conditions listed in subsection C of this section.

3. “Class I home occupation” means a home occupation which shall be permitted through an administrative process subject to the conditions listed in subsection C of this section.

4. “Class II home occupation” means a home occupation which may be permitted if authorized by the zoning administrator as a Type I conditional use, meeting the procedures and requirements in STC 18.97.030(C) with the exception of a preliminary development plan, and is subject to the conditions listed in subsection C of this section.

C. Conditions. Home occupations are permitted when:

1. Location of the home occupation is restricted as follows:

a. A Class I home occupation is conducted entirely from within the principal residence or a portion of an accessory building not exceeding 200 square feet.

b. A Class II home occupation will be required if the home occupation is not conducted entirely from within the principal residence or a portion of an accessory building not exceeding 200 square feet.

c. Child Care Home Occupation. During the hours of activity of the child care use both indoor and outdoor areas may be devoted to the use.

2. There shall be no public display of stock-in-trade upon the premises.

3. No equipment or material associated with the home occupation shall be stored outdoors, with the exception of playground equipment for child care home occupations.

4. Not more than one nonresident of the premises is employed.

5. Customer traffic is restricted as follows:

a. A Class I home occupation shall not have more than five customers per day.

b. A Class II home occupation will be required if there are more than five customers per day.

c. Child Care Home Occupation. Services shall be provided for no more than six children unrelated to the resident child care provider at one time.

6. The floor area and accessory building size are restricted as follows:

a. A Class I home occupation shall use no more than:

(1) One-fourth of the floor area of the main dwelling; or

(2) Two hundred square feet of a detached home or workshop.

b. A Class II home occupation will be required if the use requires more than:

(1) One-fourth of the floor area of the main dwelling; or

(2) Two hundred square feet of a detached home or workshop.

c. Child Care Home Occupation. During the hours of activity of the child care use, there is no limit to the amount of floor area devoted to the secondary use.

7. There shall be no alteration of the property’s exterior residential appearance and the residential character of the dwelling shall not be changed by said use.

8. Such occupation does not cause any sustained or unpleasant or unusual noises or vibrations, or noxious fumes or odors, or cause any parking or traffic congestion in the immediate neighborhood.

9. No more than one home occupation related vehicle. This vehicle must be 22 feet or less in overall length and eight feet or less in overall height. The vehicle must be parked on private property, stored in a carport or garage, or shielded from view from adjoining properties by landscaping, fencing or any other suitable material.

10. Signage or identification of the home occupation shall meet the requirements of STC 18.79.050(E).

11. A customer vehicle may be parked at the home only when the owner of said vehicle is present on the property.

12. A maximum of one Class II home occupation is permitted per address.

13. A Class II home occupation will be required if any portion of the house is used for commercial purposes only.

14. No toxic or hazardous wastes shall be generated by the home occupation.

15. Only normal domestic or household equipment shall be used on the premises in relation to the home occupation. [Ord. 2013-079 § 1; Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.09.040 Cluster development option.

A. Purpose.

1. The purpose of the cluster development option is to provide:

a. Site planning and unity of design in harmony with the natural features and constraints of specific sites, and particularly on sites possessing unique or severe topographic or hydrologic features;

b. Protection of natural, historic and manmade elements of scenic, environmental or cultural significance;

c. Design innovation;

d. Flexibility in the siting of structures and roadways;

e. More cost-effective development due to decreased grading and more efficient servicing of the development with utilities, roads and other essential services;

f. Additional open space for private or community purposes;

g. Protection of existing neighborhoods through the provision of open space buffers and the location of structures.

B. Definitions. Certain terms used in this section shall be defined, for purposes of this section only, as follows:

1. “Cluster grouping” means a designed contexture of residential units and their accessory facilities which may be used as a repetitive motif to form a cluster pattern. Each cluster grouping shall be separated by landscaped areas or natural open space to form the larger cluster development.

2. “Cluster open space” means open space, either natural or functional, provided to compensate for lot size reductions from minimum lot area requirements in the applicable zone.

3. “Common open space” means land area within a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. Common open space may be either natural open space or functional open space, as defined in this section.

4. “Contexture” means a body or structure made by the interweaving or putting together of parts where the arrangements and union of the constituent parts form a characteristic, unified whole.

5. “Functional open space” means:

a. Open space that is a designed element of the development, and has a functionally described and planned use as an amenity for the direct benefit of the residents of the development. Manmade impervious surfaces shall not exceed three percent within areas so designated;

b. Examples include:

(1) Landscaped areas which provide visual relief, shade, screening, buffering and other environmental amenity,

(2) Nature trails,

(3) Exercise trails,

(4) Open playgrounds, e.g., baseball, multiuse,

(5) Picnic areas and facilities,

(6) Recreation areas and facilities, e.g., swimming pools, tennis courts,

(7) Golf courses. In accordance with Chapter 18.59 STC (Golf Course Zone).

6. “Natural open space” means any area of land, essentially unimproved and not occupied by structures or manmade impervious surfaces, that is set aside, dedicated or reserved in perpetuity for public or private enjoyment as a preservation or conservation area.

7. “Public open space” means open space owned by a public agency, such as the town of Sahuarita, and maintained by it for the use and enjoyment of the general public.

C. Scope. The cluster development option is permitted in the following zones:

1. RH: Refer also to STC 18.13.070 (RH Rural Homestead Zone);

2. GR-1: Refer also to STC 18.14.060 (GR-1 Rural Residential Zone);

3. SR: Refer also to STC 18.17.060 (SR Suburban Ranch Zone);

4. SR-2: Refer also to STC 18.18.070 (SR-2 Suburban Ranch Estate Zone);

5. SH: Refer also to STC 18.19.050 (SH Suburban Homestead Zone);

6. R-1: Refer also to STC 18.21.050 (R-1 Single Residence Zone);

7. R-2: Refer also to STC 18.23.050 (R-2 Single Residence Zone);

8. R-3: Refer also to STC 18.25.050 (R-3 Single Residence Zone);

9. MH-1: Refer also to STC 18.33.060 (MH-1 Town Manufactured and Mobile Home-1 Zone).

D. Permitted Uses and Accessory Structures.

1. Uses.

a. Residential subdivided lots and units, as permitted in the zones listed in subsection C of this section,

b. Cluster open space, as defined in subsection B of this section;

2. Accessory Buildings and Structures.

a. In individual, subdivided lots:

(1) Permitted coverage: 10 percent of lot area,

(2) Maximum height: 15 feet,

(3) Minimum setback: In accordance with applicable town building codes (STC Title 15),

b. In functional open space areas:

(1) Permitted coverage: Three percent of required area,

(2) Maximum height: 34 feet,

(3) Minimum setback: In accordance with applicable town building codes (STC Title 15).

E. Development Standards.

1. Minimum site area: None, all permitted zones.

2. Average site area per dwelling unit (maximum density factor):

a. R-1/GR-1: 36,000 square feet;

b. SR: 144,000 square feet;

c. SH: 18,000 square feet;

d. SR-2: 72,000 square feet;

e. R-2: 16,000 square feet;

f. MH-1: 8,000 square feet;

g. R-3: 8,000 square feet;

h. RH: 180,000 square feet.

3. Minimum lot area per dwelling unit (minimum allowable lot size):

a. Sewered lots: No minimum lot size.

4. Minimum setback requirements: At the perimeter of the development, the setbacks of the zoning district apply.

5. Maximum height: 34 feet.

6. Minimum distance between buildings: None, subject to building code requirements.

7. Minimum distance between cluster groupings: None, subject to building code requirements.

8. Cluster Groupings.

a. All residential units may be common-walled or detached, but shall not be formed into cluster groupings that exceed six common-walled residential units each.

b. Cluster groupings shall be separated by cluster open space to provide spatial definition between groupings.

9. Utilities.

a. Utilities and sewers shall be located within the developed portion of the site wherever possible to reduce the future impact of maintenance and repair activities on cluster open space.

b. Public sewers shall be designed such that manholes are located in paved areas which have paved access, unless otherwise approved by the director of the public works department.

10. Excess cut and fill material shall be disposed of in accordance with Chapter 18.81 STC (Grading Standards).

11. Roads. All streets and highways must have horizontal and vertical alignment consistent with an approved design speed, and roadway geometrics consistent with an approved design vehicle, as specified in criteria available from the town engineer.

12. Landscaping: In accordance with Chapter 18.73 STC (Landscaping, Buffering and Screening Standards).

13. Buffers.

a. Buffers shall be provided to protect existing neighborhoods by mitigating the adverse impacts of sound, visibility and traffic.

b. Buffers may include landscaping, walls, fences, pathways, drainageways, natural features, existing vegetation and natural open space (refer to Chapter 18.73 STC, Landscaping, Buffering and Screening Standards).

14. Exterior Lighting. Any lights used to illuminate parking spaces, drives and recreation facilities shall be of a design and so arranged to shield and reflect light away from residential lots.

F. Open Space Requirements.

1. Cluster Open Space Area and Ratio Requirements. Cluster open space shall comprise at least 30 percent of the gross site area and be equal to or greater than the difference between the total area of the residential lots to be subdivided and the required average site area per dwelling unit total in the applicable zone.

2. Cluster open space ownership and control shall be only:

a. As part of an individual, private lot with recorded covenants running with the land;

b. By a homeowners’ association, as specified in this section; or

c. By the town of Sahuarita, as legally dedicated to and approved by the town council.

3. Third-party ownership of cluster open space shall not be allowed. The association may enter into contracts or lease agreements to allow third-party operation of uses permitted within functional open space, as defined in this option.

4. Natural open space adjacent to public parks, preserves or town-maintained stream channels may be deeded by the town of Sahuarita as public open space, if approved by the town council.

5. Cluster open space shall be an integral part of the site design and shall be within the boundaries of the cluster development it serves.

6. Phased developments shall provide cluster open space for each phase, so that each phase may stand alone in conformance with subsection J of this section.

7. Cluster open space shall not include public or private streets, driveways, parking areas, channelized drainageways, and disturbed, unvegetated areas.

8. Final plats shall be delineated and annotated to reflect the cluster open space requirements.

G. Cluster Development Plan Requirements.

1. A cluster development procedures checklist, to aid in the preparation of the plan, shall be available from the planning and zoning department.

2. The submittal for cluster review shall include:

a. A site analysis;

b. A preliminary plat, in accordance with STC 18.69.050, Tentative and final plat submittal requirements;

c. An evaluation of the effect of the proposed development, in accordance with the site analysis;

d. Architectural renderings, elevations and perspectives, as required, to present the style, color, materials and context of proposed structures;

e. Delineation of cluster open space and calculations for its derivation;

f. Landscape plan, in accordance with STC 18.73.030 (Landscaping, Buffering and Screening Standards); and

g. Any descriptive data that may be appropriate, including drafts of the proposed covenants, conditions and restrictions that will apply to the cluster project.

H. Cluster Development Review Procedures.

1. Preliminary Review.

a. Preliminary review by the department of planning and zoning is required for all proposals prior to the submittal of a cluster development plan.

b. A preapplication meeting with development review staff is required.

c. The developer is required to invite all property owners within 300 feet of the site to a public meeting on the proposal a minimum of 14 days prior to submittal.

2. Submittal. Application for cluster development plan review shall be submitted in writing together with required fees to the planning and zoning department, along with the required number of copies of the plan, as prepared in accordance with subsection G of this section.

3. Compliance Review. The department shall review the plan for compliance with the cluster development checklist and this article, and shall, in writing, either accept or reject the plan for further review within five working days of plan submittal:

a. If accepted, copies of the plan shall be transmitted for staff and agency review and comments.

b. Comments will be provided within 20 working days of acceptance.

c. The plans must be resubmitted with corrections in order for the review process to continue.

4. Staff Review.

a. Planning and zoning staff shall review the cluster development plan for conformance with the purpose and requirements of this section and of this code, and refer to design guidelines and standards contained in the cluster design review manual.

b. Staff may also specify the general conditions and revisions that must be complied with before the plan can be approved.

c. Review Criteria.

(1) In acting on a proposed cluster subdivision, staff shall give particular consideration to the following criteria in addition to standard subdivision review criteria:

(a) Individual lots, buildings, streets, and parking areas shall be designed and situated to minimize alteration of the natural and historic site features and structures to be preserved.

(b) The utility of functional open space shall be determined by the size, shape, topographic, and location requirements of the particular purpose proposed for the functional open space.

(c) Cluster open space shall include irreplaceable natural features if located in the site (such as, but not limited to, stream beds, significant stands of vegetation and trees, individual trees and cacti of significant size, rock outcroppings, peaks, ridges and slopes).

(d) Cluster open space intended for a recreation or common use shall be easily accessible to pedestrians, and accessibility shall meet the needs of the handicapped and elderly.

(e) The suitability of cluster open space intended for scenic purposes shall be determined by its visual impact and quality as seen from a significant number of units, buildings or by its visibility along the nearest lengths of public or private streets, and shall be validated in the site analysis.

(f) Suitability of individual building types and designs shall be determined by how well they function and relate to the natural constraints of the site.

(g) Individual lots, buildings, and units shall be arranged and situated to relate to surrounding properties, to improve the view of buildings, and to minimize the land area devoted to motor vehicle access.

(h) Individual lots, buildings, units, and parking areas shall be situated to avoid the adverse effects of pollution, noise, lighting and traffic on the residents of the site.

(i) Sites, structures and landmarks having a potential for historic preservation shall be identified and, where possible, be integrated into the development plan as a designed feature of the project.

5. Staff Decision.

a. If approved without modification, the developer may now continue with the subdivision plat review process per STC 18.69.060(B).

b. If approved subject to modification, the developer must submit the revised plan to the department for final compliance review.

6. Tentative Plat Submittal. Following final cluster development option compliance approval, the developer shall submit to the planning and zoning department the following:

a. A tentative subdivision plat for review, in accordance with Chapter 18.69 STC (Subdivision Standards);

b. Approved cluster arrangements and schematic elevations, keyed to the approved cluster site plan;

c. A Type 2 grading plan, in accordance with STC 18.81.060 (Grading Standards);

d. Delineation of cluster open space;

e. Landscape plan, in accordance with STC 18.73.030 (Landscaping, Buffering and Screening Standards);

f. Proposed covenants for the development; and

g. Documentation outlining the proposed percentage of development to be accomplished prior to the homeowners’ association assuming responsibility for the maintenance of common areas and property (reference subsection (I)(2) of this section).

I. Homeowners’ Association. The applicant shall submit for recording a set of covenants, running with the land, providing for the creation of a homeowners’ association. The covenants shall contain the following provisions:

1. A hold-harmless clause assuring that the town of Sahuarita is not responsible for maintenance or liability of the private and common areas of the development, which shall include, but not be limited to:

a. Cluster open space,

b. Parks,

c. Buffers,

d. Landscaping,

e. Recreational facilities,

f. Streets and trails, and

g. Private sewers, utilities and septic systems;

2. The association’s structure and its operating rules and regulations must be documented and approved before any lots or residential units are sold. The developer shall present for staff approval a plan for the transfer of all common areas and facilities control to the homeowners. The transfer of control may be based on an elapsed time period or the number or percentage of lots sold.

3. All common open space and improvements shall be established and maintained in accordance with the following requirements:

a. The applicant or developer shall provide for and establish a nonprofit organization or other legal entity under the laws of Arizona for the ownership, care, and maintenance of all such lands and improvements.

b. Such organization shall be governed by covenants running with the land and shall be composed of all persons having ownership within the subdivision. Such organization shall be responsible for the perpetuation, maintenance and function of all common lands, uses, and facilities.

c. All common open space and improvements shall be described and identified as to location, size, use, and control in the covenants, and such covenant shall set forth the method of assessment for the maintenance of such land. The covenants shall be written so as to run with the land and be in full force and effect for a period of not less than 25 years, and shall be automatically extended for successive periods of 25 years unless terminated in a manner set forth hereinafter. The covenants shall become part of the deed to each lot or parcel within the development.

d. Such restrictive covenant and organization shall continue in effect so as to control the availability of the facilities and land thereby provided, to maintain the land and facilities for their intended function, and to protect the development from additional and unplanned densities or uses. Such organization shall not be dissolved, nor shall such organization dispose of any common open space, by sale or otherwise.

e. No common open space shall be denuded, defaced, nor otherwise disturbed in any manner not previously approved without the approval of the town council.

f. The covenants shall provide that in the event the homeowners’ organization established to own and maintain such common open space and improvements shall at any time after establishment of the development fail to maintain the common open space and improvements in reasonable order and condition in accordance with the approved plans, the town may serve notice in writing upon such homeowners’ organization or upon the homeowners within the development setting forth the manner in which the homeowners’ organization has failed to maintain the common open space and improvements in reasonable condition, and said notice shall contain a demand that such deficiencies of maintenance be cured within 30 days thereof, and shall state the date and place of a public hearing thereon which shall be held within 20 days of the notice.

g. At such hearing the town may modify the terms of the original notice as to the deficiencies and may grant an extension of time within which they shall be cured.

h. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extension thereof, the town, in order to preserve the taxable values of the properties within the development and to prevent the common open space and improvements from becoming a public nuisance, may enter upon said common open space and maintain the same for one year.

i. Said entry and maintenance shall not vest in the public any rights to use the common open space and improvements, except when the same is voluntarily dedicated to the public by the owners.

j. Before the expiration of said one-year period, the town shall, upon its initiative or upon the request of the homeowners’ organization responsible for the maintenance of the common open space and improvements, call a public hearing upon notice in writing to such organization or to the homeowners within the development, to be held by the town council, at which hearing the organization shall show cause why such maintenance of the town shall not, at the election of the town council, continue for a succeeding one-year period.

k. If the town council determines that such organization is ready and able to maintain the common open space and improvements in reasonable condition, the town shall cease to maintain the common open space and improvements at the end of said one-year period.

l. If the town council determines that such organization is not ready and able to maintain the common open space and improvements in a reasonable condition, the town may, in its discretion, continue to maintain the common open space and improvements during the next succeeding year, and subject to a similar hearing and determination in each year thereafter.

m. The covenants shall further provide that the cost of such maintenance by the town shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space and improvements, and shall become a charge on said properties, and such charge shall be paid by the homeowners of said properties within 30 days after receipt of a statement.

J. Phased Development.

1. Approval may be given for the development of delineated phases of the site, after submittal of a unified cluster site plan for the total project. The phased portions shall be shown on the subdivision plat.

2. Open space requirements for each phase shall be the same as stated in subsection F of this section. Separate homeowners’ associations with provisions for expansion or consolidation may be created. Prior to the sale of any lot site, unit or dwelling in a phased portion, the open space and recreation areas in that portion shall be designated, recorded and developed or maintained in conformance with the approved development plan.

K. Amendments to Final Plan.

1. Nonsubstantial changes in the location, siting or character of buildings may be authorized by the planning and zoning director, if required by engineering or other circumstances not foreseen at the time of the final subdivision plat approval.

2. Substantial changes to the approved cluster site plan shall require a complete, new review of the entire project, to include additional fees, plan submittals and meetings in accordance with this section. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.09.050 Lot reduction option.

A. Scope.

1. Minimum lot size requirements for lots in a subdivision may be approved by the town council for reduction where the conditions of subsection B of this section exist and the planning and zoning commission finds and certifies them to the town council.

2. The lot reduction option is permitted in the following zones:

a. R-1: Refer also to STC 18.21.060;

b. R-2: Refer also to STC 18.23.060;

c. R-3: Refer also to STC 18.25.060.

B. Conditions.

1. In total there are no more individual one-family lots than provided for in the lot reduction option provisions of the individual zones;

2. The subdivision and all park, recreation areas, and drainage areas (R-1 only) conform to this code, including area and neighborhood plans, as supplemented and amended;

3. Full and adequate provision is made for surface drainage, including dedication of rights-of-way for existing and natural watercourses; and

4. To promote parks and recreation:

a. An area is dedicated for drainage purposes (R-1 only) or otherwise permanently reserved for park or recreation purposes, either by dedication to the public or by conveyance of an undivided interest to each lot owner within the subdivision or by appropriate deed restrictions or by other governmental acquisition processes,

b. The total extent of said park, recreation area, or drainage area (R-1 only) is no less than the sum total of the number of square feet by which the area of each lot in the subdivision is less than that required by the zone,

c. In no event is the size of any single park or recreation area any less than four acres, and

d. Said park and recreation areas, whether dedicated to the public or not, are reasonably available to all lot owners within the subdivision.

C. Approved Plat Recordation Required. No approval on a minimum lot size reduction shall be effective until a subdivision plat complying with the commission’s findings and certification and approved by the commission and town council is recorded in the office of the county recorder. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.09.060 Reserved.

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

18.09.070 Multisectional manufactured home subdivision option.

A. Required Public Hearing.

1. Multisectional manufactured homes shall be permitted in all residential subdivisions recorded after June 15, 1981, if the designation “multisectional manufactured homes permitted” is approved by the town council at the time of conditional rezoning and is placed on the plat at the time of recording.

2. The provisions of subsection (A)(1) of this section shall not apply to subdivisions recorded to satisfy the requirements of a conditional rezoning granted prior to June 15, 1981, unless approval is granted by the town council at an advertised public hearing.

B. Required Notice. Notice of hearing shall be given by mail to all owners of record within 300 feet of the subdivision. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.09.080 Small lot subdivision option.

A. Scope. This option is permitted in the following zones:

1. R-4: Refer also to STC 18.27.050;

2. R-5: Refer also to STC 18.29.050.

B. Procedure.

1. Public Hearing.

a. Single detached dwellings shall be permitted on individual lots with area less than that required by the zone in a subdivision of five acres or greater, recorded after April 4, 1983, if the designation “small lot single detached dwelling permitted” is approved by the town council at an advertised public hearing and is placed on the final plat at the time of recording,

b. The provisions for single detached dwellings on individual lots with area less than that required by the zone shall not apply to subdivisions recorded to satisfy the requirements of a conditional rezoning granted prior to April 5, 1983, unless approval is granted by the town council at an advertised public hearing.

2. Notice. Notice of hearing shall be given by mail to all owners of record within 300 feet of the subdivision.

C. Development Standards. As provided for in the small lot subdivision option provisions of the individual zones.

D. Recreational Facilities.

1. Requirement. Recreational facilities shall be required when this option is used.

2. Minimum Recreational Facility Area Standards.

a. A minimum of five percent of the subdivision area, excluding private and public streets, designated for the small lot subdivision option shall be devoted to, and designated as, “recreational area” on the final subdivision plat.

b. The recreational area shall be designed as an integral part of the subdivision and be usable and accessible by all subdivision residents.

c. Drainageways, floodways, natural open space, or required buffers may constitute the recreational area, if approved by the director of parks and recreation. The developer must clearly explain and justify, in detail, how these areas will be used for recreation.

d. Recreational areas shall not include land, such as peaks, ridges or land fragments, determined unusable for recreational purposes by the director of parks and recreation.

3. Recreational Area Plan Submittal and Approval.

a. The developer shall submit a recreational area plan with the tentative plat.

b. The plan shall show all recreational improvements, including structures and facilities.

c. Approval of the plan by the director of parks and recreation shall be a prerequisite to approval of the final plat.

4. Facilities Installation, Ownership and Maintenance.

a. Private recreational facilities and landscaping shall be completed and in place by the time 25 percent of the dwelling units are occupied, or as otherwise approved by the director of parks and recreation.

b. The recreational area and improvements shall be owned and maintained by a mandatory membership homeowners’ association created by covenants, unless the area and improvements are dedicated to, and accepted by, the town of Sahuarita.

5. Optional Method.

a. In lieu of the required recreational area:

(1) The town council may approve an alternative proposal which aids in the implementation of the town parks and recreation master plan; or

(2) If the developer can demonstrate that adequate recreational facilities exist, the requirements of this section may be waived at the time of public hearing before the town council.

b. The proposal shall be prepared with the director of parks and recreation and approved by the town council after an advertised public hearing.

c. The terms of the agreement shall be made a matter of record and a condition of approval of any final plat or issuance of any permits for the subdivision.

d. The agreement shall provide parks and recreational facilities which benefit the residents of the subdivision. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]

18.09.090 Model home permits.

A. Scope. Building permits for not more than 10 model units may be issued prior to the adoption of a rezoning ordinance if the property has been conditionally approved for rezoning subject to acceptance of a subdivision plat or development plan.

B. Issuance of Permits. The permits may be issued when the following conditions are met:

1. The tentative plat and model home landscape plan have been approved by the subdivision review committee;

2. The site and setbacks of the model units are in conformance with the approved tentative plat and the proposed rezoning;

3. Written approval has been granted by the directors or authorized representatives of:

a. The planning and zoning department,

b. The department of transportation and flood control district,

c. The wastewater management department, and

d. The property management division;

4. The applicant for such model permits shall acknowledge in writing that:

a. Such permitted models shall not be sold or occupied for residential purposes until the proposed zoning ordinance has been adopted by the town council,

b. The issuance of model permits shall not be construed as a commitment by the town to approve the subdivision plat or grant the proposed zoning, and

c. The applicant is solely responsible for any financial expenditures or obligations made as a result of the issuance of such model permits. [Ord. 2011-048 § 1; Ord. 1995-06 § 2.]