Chapter 18.42
BUSINESS ZONES

Sections:

18.42.010    Purpose.

18.42.020    Table of permitted uses.

18.42.030    Performance standards.

18.42.040    Development standards.

18.42.010 Purpose.

A. General Purpose of Business Zones. The purpose of the business zones is to:

1. Provide for the orderly, well planned, and balanced growth of commercial areas.

2. Plan for and allow office and commercial development to expand the variety of goods and services to meet the needs of Sahuarita residents and those living within Sahuarita’s market area.

3. Allow mixed-use commercial/residential development, where consistent with the general plan, to promote less reliance on automobiles for mobility and to provide a wider range of residential options within Sahuarita.

4. Establish development standards that improve the visual quality of commercial and mixed-use development and create a unified, distinctive, and attractive character along commercial streets.

B. Specific Purposes of Each Zone.

1. NC Neighborhood Commercial. The Neighborhood Commercial (NC) zoning district provides for the development of smaller shops and services in convenient locations to meet the daily needs of families in the immediate residential neighborhood. The intent of the NC zoning district is to create a pedestrian friendly, neighborhood environment while protecting adjoining residential districts by permitting a limited group of commercial, office, or service uses.

2. B-1 Local Business Zone. The Local Business (B-1) zoning district provides for retail, office, and service activities to satisfy the needs of the community with emphasis on shopping centers and clustered office and commercial developments. The uses found within the B-1 zoning district serve both neighborhood and community level needs. The intent of this district is to discourage the random sprawl of strip commercial development by concentrating community-serving businesses and services in commercial centers oriented to road intersections rather than in a strip or linear pattern.

3. B-2 General Business Zone. The General Business (B-2) Zone is intended to accommodate large-scale commercial establishments or developments that provide goods and services to a community-wide and regional trade area.

4. MX Mixed-Use Zone. The Mixed-Use (MX) Zone is intended to provide areas for a variety of purposes including employment centers, retail and service commercial uses, medical and professional offices, and higher density residential uses. [Ord. 2015-105 § 1.]

18.42.020 Table of permitted uses.

A. The table of permitted uses in this section sets forth the uses permitted within each business zone.

B. Uses Permitted by Right. A “P” indicates that a use is permitted as a matter-of-right within the respective zone.

C. Conditional Uses. A “C” indicates that a use is allowed only if reviewed and approved in accordance with the procedures and standards of Chapter 18.97 STC, Conditional Use Procedures.

1. “C1” indicates that a use is subject to a Type 1 conditional use permit.

2. “C2” indicates that a use is subject to a Type 2 conditional use permit.

3. “C3” indicates that a use is subject to a Type 3 conditional use permit.

D. Uses Permitted with Specific Performance Standards. A “PS” indicates that a use is permitted subject to specific performance standards. The performance standards are numbered in the table and each applicable standard is identified in STC 18.42.030.

E. Prohibited Uses. A “–” indicates that a use is not allowed in the respective zone, unless it is expressly allowed by other regulations of this code.

F. Nonexpressed Commercial Uses. Uses not expressly permitted but which are determined by the planning director to be similar to the uses expressly permitted, shall be permitted with the same restrictions as the most similar expressed use as determined by the planning director.

 

Table 18.42-1 – Table of Permitted Uses 

Land Use

NC

B-1

B-2

MX

Additional Use Regulations

Residential Use Classifications

Group Residential

a. Assisted Living Facility

P

P

P

P

 

b. Group Care Home

PS 20, 21

PS 20, 21

PS 20, 21

PS 20, 21

STC 18.09.020(E)

c. Transitional Housing Facilities

PS 20, 22

PS 20, 22

PS 20, 22

PS 20, 22

 

d. Group Housing, Other

PS 20

PS 20

PS 20

PS 20

 

Home Occupations

PS 19

PS 19

PS 19

PS 19

STC 18.09.030

Multiple Dwelling

P

P

P

PS 1

 

One-Family Dwelling – Attached or Duplex

P

PS 1

 

One-Family Dwelling – Detached

 

Public and Semi-Public Use Classifications

Educational, Public or Private

a. K-12

P

P

P

P

 

b. Postsecondary and Industrial or Trade Schools

P

P

P

 

c. Instructional Schools (dance, music, etc.)

P

P

P

P

 

d. Pre-school or Day Care Associated with an Educational Use

P

P

P

P

 

Community Center

P

P

P

P

 

Community Gardens

P

P

P

P

 

Government Offices

P

P

P

P

 

Medical Facilities

a. Clinics

PS 2

P

P

P

 

b. Emergency Medical Facilities

C1

P

P

C1

 

c. Hospitals

P

PS 3

PS 3

 

Membership Organizations

PS 2

P

P

P

 

Museums and Libraries

PS 2

P

P

P

 

Parks and Recreation Facilities, Public or Private

P

P

P

P

 

Public Safety Facilities

C2

P

P

C2

STC 18.07.030(G)

Religious Use

P

P

P

P

 

Social Service Facility

C2

P

P

P

 

Commercial Use Classifications

Animal Sales and Services

a. Kennels

P

P

 

b. Pet Grooming

C2

P

P

C2

 

c. Pet Stores

C2

P

P

C2

 

d. Small Animal Day Care

P

P

 

e. Veterinary Services

C2

P

P

C2

 

Art Studio, Store, or Gallery

P

P

P

P

 

Automobile/Vehicle Sales and Services

a. Automobile Rentals, Accessory

P

P

C1

 

b. Automobile Rentals

P

P

 

c. Automobile/Vehicle Sales and Leasing

C2

P

 

d. Automobile/Vehicle Service and Repair, Major

P

 

e. Automobile/Vehicle Service and Repair, Minor

P

P

 

f. Automobile/Vehicle Washing and Detailing

P

P

 

g. Gasoline Service Station

C2

P

P

STC 18.07.030(A)

h. Large Vehicle and Equipment Service

PS 17

 

i. Large Vehicle and Equipment Sales and Rental

C2

P

 

j. Storage of Operable Automobiles, Boats, Recreational Vehicles and Similar, Not Intended for Salvage

C2

PS 17

 

Banks and Financial Institutions

PS 14

P

P

PS 14

 

Banquet and Conference Center

P

P

P

 

Bed and Breakfast

PS 8

P

 

Building Materials and Services

C2

PS 17

 

Business Services

PS 9

PS 9

P

PS 9

 

Catering Service

C1

P

P

P

 

Commercial Entertainment

P

P

P

 

Commercial Recreation

a. Small-scale

P

P

P

 

b. Large-scale

PS 16

PS 16

PS 16

 

Day Care Center

P

P

P

P

 

Farmer’s Market

PS 2, 9, 23

PS 2, 9, 23

PS 2, 9, 23

PS 2, 9, 23

 

Feed Store

P

P

 

Funeral Parlors and Mortuaries

P

P

P

 

a. With Accessory Crematorium

C2

P

 

Hotels and Motels

P

P

P

 

Light Fleet-Based Services

P

 

Live-Work Unit

PS 2, 18

PS 18

PS 18

PS 2, 18

 

Maintenance and Repair Services

P

P

P

P

 

Medical Marijuana Uses

 

 

 

 

 

a. Designated Caregiver Cultivation Location

P S10, 11

 

b. Dispensary

P S10, 12

 

c. Off-site Cultivation Location

P S10, 13

 

Non-Chartered Financial Institutions

P

P

 

Offices – Business, Professional, and Semi-Professional

P

P

P

P

 

Parking, Commercial, not associated with a specific business

P

P

P

 

Personal Services

P

P

P

P

 

Plant Nurseries and Garden Centers

PS 15

P

P

PS 15

 

Restaurant and Bar Uses

a. Bar

C2

P

P

 

b. Restaurant

PS 2, 14

P

P

PS 14

 

c. With Outdoor Seating

C2

P

P

C1

 

Retail Sales

a. General Retail

PS 4

P

P

PS 4

 

b. Grocery/Supermarket/Bakery/Pharmacy

PS 4, 14

P

P

PS 4

 

c. Large Retail Facility

P

P

STC 18.82.070

d. Pawn Shops

P

 

e. Package Liquor Sales, including wine tasting

PS 2

P

P

P

 

Sexually Oriented Business

C1

Chapter 5.30 STC

Swap Meet or Flea Market

PS 2, 6, 9

 

Employment Use Classifications

Handicraft/Custom Manufacturing

PS 9

PS 9

PS 9

 

Light Assembly/Cabinetry

PS 9

 

Medical or Dental Laboratory

PS 9, 15

P

 

Printing or Publishing

PS 7, 9, 15

PS 7, 9

 

Research and Development, Design or Experimentation Facility with or without associated treatment, processing, and fabrication

C2

PS 7, 9

C3

 

Scientific Design or Experimentation, with accessory processing and fabrication

PS 9

 

Warehousing and Storage

a. Personal Mini-Storage

PS 17

PS 17

 

b. Commercial Warehousing

PS 17

 

c. Contractor’s Yard

C2

PS 17

 

Transportation and Communication, Use Classifications

Antenna and Transmission Towers

C2

P

P

C1

 

Wireless Communication Facilities

PS 26

PS 26

PS 26

PS 26

Chapter 18.60 STC

Chapter 18.62 STC

Communication Facilities within Buildings

C1

P

P

P

 

Transportation Passenger Terminals

P

P

P

P

 

Heliports

C2

C2

C2

 

Specific Accessory Uses

Caretakers’ Residences

P

P

P

P

 

Outdoor Entertainment or Activities, not specified by other classifications

a. For Residential, Public, or Semi-public Use Classifications

C1

C1

P

C1

 

b. For All Other Use Classifications

C2

C1

P

C2

 

Outdoor Display of Goods or Materials for Sale, Incidental to Main Use

PS 24

PS 24

PS 24

PS 24

 

Outdoor Collection/Donation Bins

C1

PS 25

PS 25

C1

 

[Ord. 2023-171 § 1; Ord. 2016-110 § 1; Ord. 2015-105 § 1.]

18.42.030 Performance standards.

A. The following performance standards shall be applied to uses as indicated in STC 18.42.020.

1. All of the following conditions apply:

a. One-family attached and/or multiple-family dwelling uses are permitted when part of a mixed-use development with commercial uses in the same building or on the same site. For multiple-family dwelling uses the permitted density range is 15 du/acre to 25 du/acre; and

b. A minimum of 40 percent of the gross floor area of the entire development shall be reserved for nonresidential land use classifications as otherwise permitted in the zone; or

A minimum of 65 percent of the ground floor of each building must be reserved for nonresidential uses.

2. Parcel must be located along an arterial or collector street with direct vehicular access, or accessed directly through other commercial or mixed-use parcels.

3. All of the following conditions apply:

a. Hospitals up to the maximum height allowed in the zone are allowed:

(1) By right in the B-2 Zone;

(2) As a Type 2 conditional use in the MX Zone.

b. An exception from STC subsection (A)(3)(a) of this section is created allowing hospitals to exceed the maximum height of the zone subject to issuance of a Type 3 conditional use permit with a 1,000-foot notification radius. In no case shall a hospital exceed 90 feet in height.

4. No individual tenant may exceed a gross floor area of 30,000 square feet. No development complex shall exceed an aggregate gross floor area of 60,000 square feet.

5. Reserved.

6. All of the following conditions apply:

a. A Type 2 conditional use permit is required.

b. The sales and parking areas shall be located a minimum of 300 feet from any existing or conditionally approved rural or residential zone. The preliminary development plan shall describe the use of this buffer area.

c. Adequate parking and screening shall be provided as determined by the planning and zoning commission.

d. Selling area must be a dust-proof surface.

e. Vendor must hold a valid state sales tax permit and town business license.

f. Overnight lodging shall not be allowed.

g. The town shall regulate hours in which outdoor lighting may be used.

7. All of the following conditions apply:

a. All such operations shall be completely housed within buildings located on a site of not less than 10,000 square feet.

b. All such buildings shall be set back a minimum of 25 feet from any property line abutting a residential zone.

8. A maximum of six guest rooms is permitted.

9. All of the following performance standards apply:

a. Noise or Vibration. No noise or vibration shall be permitted which is discernible beyond the lot line to the human sense of feeling for three minutes’ or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or of 30 seconds’ or more duration in any one hour during the hours of 7:00 p.m. to 7:00 a.m.

b. Smoke. No emission of smoke from any source shall be permitted.

c. Odors. No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive in such a manner as to create a nuisance or hazard beyond the property lines.

d. Fly Ash, Dust, Fumes, Vapors, Gases, and Other Forms of Air Pollution. No emission shall be permitted which can cause any damage to health, to animals or vegetation, or to other forms of property, or which can cause any excessive soiling.

e. Liquids and Solid Waste. No wastes shall be discharged in the streets, drainageways, or any property which is dangerous to the public health and safety, and no waste shall be discharged in the public sewage system which endangers the normal operation of the public sewage system.

10. All of the following performance standards apply to medical marijuana uses:

a. A medical marijuana use must be located in a permanent building and shall not be located in a trailer, cargo container, or motor vehicle.

b. A medical marijuana use shall be separated a minimum of 2,000 feet from any other medical marijuana uses measured from the parcel boundaries.

c. A medical marijuana use shall be separated a minimum of 1,000 feet from a public, private, parochial, or charter school measured from the parcel boundaries.

d. A medical marijuana use shall be separated a minimum of 1,000 feet from a child care center, library, religious use, public park, residential substance abuse diagnostic and treatment facility, or other drug or alcohol rehabilitation facility measured from the parcel boundaries.

11. All of the following performance standards apply to medical marijuana designated caregiver cultivation locations:

a. The cultivation area of a medical marijuana designated caregiver cultivation location shall be a maximum of 250 square feet, including storage areas.

b. More than one designated caregiver may collocate cultivation locations as long as the total cultivation area does not exceed 250 square feet.

12. All of the following performance standards apply to medical marijuana dispensaries:

a. The maximum floor area of a medical marijuana dispensary shall be 2,000 square feet.

b. The secure storage area for the medical marijuana stored at the medical marijuana dispensary shall not exceed 400 square feet.

c. The permitted hours of operation of a medical marijuana dispensary shall be from 7:00 a.m. to 7:00 p.m.

d. A medical marijuana dispensary shall have an interior customer waiting area equal to at least 25 percent of the gross floor area.

e. A medical marijuana dispensary shall not have a drive-through service.

f. A medical marijuana dispensary shall not have outdoor seating areas.

g. A medical marijuana dispensary shall be permitted to deliver medical marijuana to qualifying patients in the manner provided by the Arizona Medical Marijuana Act and the accompanying Department of Health Services Arizona Medical Marijuana Program rules.

13. All of the following performance standards apply to medical marijuana dispensary off-site cultivation locations:

a. The maximum floor area of a medical marijuana dispensary off-site cultivation location shall be 2,000 square feet.

b. The secure storage area for the medical marijuana stored at the medical marijuana dispensary off-site cultivation location shall not exceed 1,000 square feet.

14. Drive-thru shall require a Type 1 conditional use permit.

15. Maximum gross floor area of 10,000 square feet.

16. All of the following standards apply:

a. In the B-1 Zone, a Type 3 conditional use permit shall be required with a 500-foot notification area.

b. In the B-2 Zone, a Type 2 conditional use permit shall be required with a 500-foot notification area.

c. In the MX Zone, a Type 2 conditional use permit shall be required with a 500-foot notification area.

d. For racetracks or sports stadiums, the following additional performance standards apply:

(1) Any racetrack conducted for profit must be licensed by the State Racing Commission if applicable.

(2) No portion of any tracks, stables, or grandstand shall be within 200 feet of any existing or conditionally approved rural or residential zone.

17. Shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid wall not less than six feet in height.

18. Shall conform to commercial parking and landscaping standards.

19. The regulations of STC 18.09.030 shall apply in all zones.

20. Subject to those restrictions that apply to other residential dwellings of the same structure type in the same zone. For example, if the dwelling type is multiple-family, this use is permitted in the same manner as a multiple dwelling in the same zone.

21. The regulations of STC 18.09.020(E) shall apply in all zones.

22. All of the following standards apply:

a. If licensing is required by the state of Arizona for the use, proof of such licensure shall be provided to the planning and building department.

b. No transitional housing facility shall be located on a lot with a property line within 1,200 feet, measured in a straight line in any direction, of the lot line of another transitional housing facility.

c. There shall be no exterior signage or other exterior indication that the property is being used as a transitional housing facility.

d. The transitional housing facility must meet all applicable building and fire safety regulations.

e. The transitional housing facility must meet off-street parking requirements, landscaping requirements, and all other standards required of the same structure type in the same zone.

23. All of the following standards apply:

a. A town of Sahuarita special event permit application and zoning clearance site plan are required.

b. Vendor must hold a valid state sales tax permit and town business license.

c. Location of Merchandise. Preference is given to vendor placement on sidewalks and other pedestrian oriented areas provided a minimum six-foot wide accessible lane is maintained in front of each vendor space. If a parking lot is used, all parking spaces in excess of 90 percent of the minimum number required for the commercial development may be used for vendor spaces. Displayed merchandise shall not encroach upon driveways, fire lanes, ADA accessible pedestrian walkways leading from the perimeter of the site, or require perimeter landscaped areas. The displays shall also not obstruct sight visibility for vehicles exiting the site or otherwise create hazards for vehicle or pedestrian traffic.

d. Maintenance. Farmer’s markets shall be kept clean and free of litter and debris.

e. Required Parking. If no other activity takes place on the site, or the farmer’s market takes place more than two times in any given seven-day period, required parking spaces for farmer’s markets shall be two spaces per table/booth. If the farmer’s market occurs two or fewer times in any given seven-day period, and takes place on an improved development site with an existing number of parking spaces equal to what would be required for the farmer’s market area, then no additional spaces are required.

f. Discontinuance of Use. All temporary, nonpermanent structures and related equipment shall be removed from the site or stored within enclosed buildings on days the farmer’s market is closed to the public.

24. All of the following conditions apply:

a. Outdoor displays shall not block required sidewalks/walkways or other circulation paths;

b. Main building setbacks shall apply; and

c. Outdoor display areas shall be clearly indicated on the development plan.

25. All of the following conditions apply:

a. A zoning clearance shall be required.

(1) Only entities or organizations that have a tax status under Section 501(c)(3) of the Internal Revenue Code, as amended, may apply for and obtain a zoning clearance for a collection/donation bin,

(2) A letter of permission from the owner of the property upon which the bins are to be located must be provided to the town with the zoning clearance application.

b. The bin must have clearly identified on its face the name of the entity or organization that is maintaining the bin, along with a phone number and an address for such entity.

c. A maximum of one bin per development is permitted.

d. Bins shall be placed so as not to interfere with sight triangles, on-site circulation, landscaping, and any other requirements of the site’s development plan.

e. Bins may be placed in parking spaces if the applicant demonstrates that the site will maintain at least the minimum required number of parking spaces.

f. Bins may not be placed in required landscape bufferyards.

g. Bins are considered accessory structures and are subject to all requirements for accessory structures in the applicable zone.

h. Bins shall be emptied regularly to prevent overflow, and any articles left outside of the bin shall be removed immediately.

i. Bins shall not cover a ground surface area in excess of 25 square feet, nor be more than six feet in height.

26. The regulations of Chapters 18.60 and 18.62 STC shall apply in all zones. [Ord. 2023-171 § 2; Ord. 2016-110 § 1; Ord. 2015-105 § 1.]

18.42.040 Development standards.

 

Table 18.42-2 Development Standards – Main Buildings

Standard

NC

B-1

B-2

MX

Minimum Lot Area (sq. ft.)

None

None

None

None

Minimum Lot Width (ft.)

None

None

None

None

Maximum Building Height (ft.)

34

39

45

45 by right, or up to 56 with Type 2 CUP

Minimum Building Setbacks (ft.)

Front and Street-Facing Side

0

15

15

5

Interior Side

10

0

0

10

Interior Side, adjacent to rural or residential zone

15

10

10

10

Rear

20

10

10

10

Rear, adjacent to rural or residential zone

25

25

25

25

Maximum Front and Street-Facing Side Building Setbacks (ft.)

15

None

None

15

Minimum on-site usable outdoor space or recreational area per residential unit

Residential development in business zones shall meet the recreational standards for apartment projects as provided in the Parks and Recreation Area Design Standards Manual

Table 18.42-3 Development Standards – Detached Accessory Buildings

Standard

NC

B-1

B-2

MX

Maximum Lot Coverage

40 percent of the required yards. Maximum lot coverage does not apply to buildable area.

Maximum Building Height (ft.)

24

24

24

24

Minimum Building Setbacks (ft.)

Front and Street-Facing Side

20

20

20

20

Interior Side

10

0

0

10

Interior Side, adjacent to rural or residential zone

15

10

10

10

Rear

10

4

4

4

Rear, adjacent to rural or residential zone

15

15

15

15

[Ord. 2015-105 § 1.]