A. Purpose. The purpose of the mixed use zoning district is to promote, and regulate existing low density mixed uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage orderly growth in semi-rural areas, as well as provide for semi-rural residential uses. In addition, this zone is intended to allow limited commercial and industrial development where appropriate and designed to be compatible or provide the appropriate buffers where potentially incompatible uses are proposed with the surrounding uses. This zone is to be located only where existing mixed-uses are historically located and the area is transitioning into a more intensive use area.
B. Permitted uses.
1. One single-family detached home or caretakers quarters (site built or manufactured);
2. Antique shop;
3. Automobile repair garages, provided that no machining is conducted on the premises; no outdoor storage of parts or outdoor parking of automobiles waiting for service for more than seven days;
4. Aviaries;
5. Barber and beauty shop;
6. Blacksmith shop;
7. Carpentry, upholstery and furniture repair;
8. Churches, synagogues, and other places of worship;
9. Construction/ contractor's yards;
10. Crop production;
11. Feed store;
12. Foster and group homes;
13. Grazing and raising of large and small livestock;
14. Kennels;
15. Massage therapy establishments;
16. Plant nurseries and greenhouses;
17. Private stables;
18. Professional offices, not including medical (see section 17-3-2 (conditional use permits));
19. Raising and marketing of poultry, rabbits and small animals;
20. Repair shops for appliances, bicycles, etc.;
21. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises;
22. Second hand store;
23. Trucking operations and yards;
24. Veterinary clinics, small;
25. Uses similar to those listed above in this section, as determined by the planning manager.
C. Accessory uses (uses incidental to a permitted established use):
1. Corrals, barns and other animal-keeping structures;
2. Detached accessory buildings and structures;
3. Fences and walls;
4. Game courts, unlighted;
5. Garage, enclosed storage, or barn;
6. Guest quarters, provided that no kitchen is provided;
7. Home occupations;
8. Riding arena, rodeo grounds (private, unlighted); and,
9. Swimming pools.
D. Conditional uses. The following may be permitted with the issuance of a conditional use permit pursuant to the procedure set forth in section 17-3-2 (conditional use permits):
1. Additional building height;
2. Apiaries;
3. Commercial riding stables and boarding stables;
4. Game courts, lighted;
5. Health care facilities, including clinics, offices and laboratories;
6. Keeping of ratites;
7. Keeping of swine;
8. Livestock auction yards;
9. Stables, public;
10. Manufacturing, processing and assembly;
11. Mini-storage and/or recreational vehicle storage facilities;
12. Restaurants;
13. Riding arena, rodeo grounds (private lighted, or any public);
14. Sexually oriented business, subject to town code chapter 9-7;
15. Veterinary clinic, large;
16. Warehouse facilities; and,
17. Upon annexation and translation of county zoning, any use or uses and densities that were permitted on the annexed property under the county zoning at the time of annexation (see section 17-3-2 (conditional use permits), paragraph P).
E. Performance standards. The following limitations shall apply to the conduct of uses within the mixed-use zone:
1. More than one use may be permitted on a single parcel if the following criteria can be met:
a. The total of all uses on a single parcel, shall not exceed the Pima county department of environmental quality and other applicable codes and ordinances for individual sewage disposal system, this includes lot area, number of fixtures, required engineering plans, etc.
b. Each type of use (residential, commercial and industrial) shall have its own separate pedestrian entrance;
c. Adequate bufferyards are provided between incompatible uses;
d. Parking and vehicular accesses are separate between incompatible uses;
e. The proposed use does not exceed the standards of the applicable codes and ordinances of the Town nor create any overburden of public or private streets, utilities, emergency services and/or facilities, and;
2. No outdoor storage of equipment or materials shall be permitted unless screened, by a permanent opaque decorative wall at least six feet in height or by a combination of solid wall or fence and landscape screening accepted by the town.
3. No use shall be established, maintained or conducted within the mixed-use zone which may cause the dissemination of smoke, gas, dust, odor or any other atmospheric pollutant that is in violation of Pima county department of environmental quality. Every use shall be so operated that it does not emit dust, heat, glare or vibration in such quantities or degree as to be readily detectable on any property line of the lot upon which it is located.
4. No use shall result in the creation of traffic hazards or undue congestion of any public street or private access.
F. Development standards. The following standards shall apply to all developments within the mixed-use zone:
1. General development standards.
a. Minimum lot area shall be 43,560 square feet (one acre);
b. Minimum lot width shall be 100 feet;
c. Minimum lot depth shall be 100 feet;
d. Minimum required building setback abutting a street or ingress/egress easement shall be 30 feet. Fifty percent of such setback area shall be landscaped and shall remain as open space, free from structures and parking/loading areas.
e. Minimum side and rear setbacks shall be 25 feet. A minimum of ten feet of the setback area shall be landscaped and shall remain free from structures. This setback may be reduced to include driveways, screening walls, parking if a permanent opaque decorative screening wall five feet in height is constructed along the property line;
f. Building separation. The minimum distance between two primary structures shall be 20 feet. The minimum distance between all other structures shall be ten feet;
g. Setback exceptions. Architectural features such as, but not limited to, eaves, chimneys, bay windows, overhangs, awnings, porches and similar architectural features may encroach into setbacks by no more than four feet, subject to compliance with applicable standards of the applicable international building and fire codes;
h. Maximum lot coverage shall not exceed a total of 55% for each parcel;
i. Maximum building height shall be 24 feet. With the issuance of a conditional use permit pursuant to the procedure set forth in section 17-3-2 (conditional use permits) the planning commission may allow an increase to the building height, provided that the applicant provides acceptable justification for the need to exceed the height limit;
2. Landscaping. The intent of the landscaping requirements is to provide residents and businesses with attractive landscaping that creates an interesting streetscape, and provides a safe and effective transition between potentially incompatible land uses. In addition, these requirements regulate the protection of native vegetation as a significant natural resource. All development within the mixed-use zone shall provide site landscaping, including the bufferyard, parking lot and any applicable screening as required herein and in accordance with chapter 1711 of the town code.
3. Access and off-street parking. The number, size and design of all parking spaces, driveways and loading areas for all development within the mixed-use zone shall comply with the provisions of chapter 17-9 of the town code and the following requirements listed below:
a. All lots must abut a public street or a private street improved to a standard satisfactory to the town;
b. Access control and driveway locations will be evaluated per town standards. Joint driveways are desirable whenever possible in order to minimize the number of access points to streets and access easements; and,
c. All parking shall be off-street in paved, landscaped parking areas;
4. Signs. Sign standards are hereby established to promote a quality visual appearance throughout the mixed-use zone; to allow individual businesses to clearly identify themselves and the goods and services offered; to create a unique environment to attract visitors; to safeguard and enhance property values; to reduce potential hazards to motorists and pedestrians; and to eliminate excessive and confusing sign displays. All signs for developments within the mixed-use zone shall comply with the provisions of town code chapter 17-10 (signs) and the following additional sign requirements:
a. Materials, colors and shades of proposed signs shall be compatible with the related buildings on the property;
b. Monument, wall-mounted and free-hanging signboards shall be the approved styles;
c. Signage shall be limited to one freestanding sign for each street frontage and one wall sign (near the main entrance). In cases where there are multiple tenants, each tenant within the property shall be allowed one wall sign (near each main entrance, with the sign area determined by town code chapter 17-10 (signs);
d. Freestanding signs shall be limited to double-faced, ground-mounted monument style, with associated landscaping. Freestanding pole signs are prohibited;
e. Freestanding signs shall not exceed eight feet in height (from grade to the top of sign) and 40 square feet per side and shall be located in such a manner that does not create a traffic hazard, and;
f. Changeable letter boards may make up no more than 20% of the area of a freestanding sign.
5. Screening. To create an attractive environment and visually screen land uses that are not fully compatible, the following standards shall apply to all development within the mixed-use zone:
a. Service entrances and/or loading areas. All service entrances, loading areas and spaces must be screened from the abutting property and view from a public street. Such screening shall consist of a minimum five-foot wide planting strip consisting of trees, decorative walls and/or landscaping combination that will provide a six foot high barrier;
b. Dumpsters and trash handling areas. All dumpsters and trash handling areas shall be enclosed and screened from public view. These areas shall be constructed of materials and colors compatible with those of the primary buildings. Chain link fencing (with or without slats) is not permitted;
c. No articles, materials, trash, equipment or inoperable vehicles shall be stored or kept in the open or be visible from the street, ingress/egress easement, and/or adjacent properties. This limitation does not apply to temporary storage of materials, equipment and supplies needed for the construction of improvements on a site, provided such items are completely removed immediately upon completion of the applicable phase of construction, and;
d. Utilities. All utilities including electric power, telephone, gas and water shall be located underground. Utilities shall be coordinated with landscape plans to ensure proper screening and landscaping around utility vaults, box transformers, etc.
6. Lighting. Site lighting should serve functional, safety and aesthetic purposes. Site and security lighting shall be designed to enhance the safety and quality of the development. Screening of lights from residential areas and glare from traffic areas shall be required. All site lighting shall be in compliance with the adopted Marana outdoor lighting code.