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A. Filling Stations, Repair Shops and Public Garages.
1. No gasoline filling station or automobile repair shop shall have an entrance for exit for vehicles on the same side of the street within thirty-five feet of a residential zone, nor shall any part of a gasoline filling station or automobile repair shop be within fifty 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 twelve feet of any street lot line or within fifty feet of any residential zone, unless such appliance or pit is within a building and at least twelve feet distant from any vehicular entrance or exit of such building.
B. Maintenance of Stock-Tight Fences. All livestock, ratites, 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, ratites, and poultry from roaming at large. Ratites shall be confined within minimum six-foot-high, stock-tight corrals. In the IR, RH, SR, SR-2 zones and unsubdivided parcels zoned GR-1, SH and CR-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, ratites, and poultry.
1. Use of Barbed Wire. Barbed wire may be used on fences or walls for security purposes in the CB-2 general business district, and the MU, CI-1, CI-2 and CI-3 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 CB-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 in accordance with the county outdoor lighting code (Title 15).
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 in accordance with the county outdoor lighting code (Title 15).
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 is permitted in all zones subject to the requirements of this section:
1. Density. Except in the Institutional Reserve (IR), Rural Homestead (RH) and industrial zones (CPI, CI-1, CI-2, CI-3) wherein one colony is allowed per two thousand five hundred square feet, the following maximum number of colonies per lot area apply:
a. One-quarter acre or less: Two colonies.
b. More than ¼ acre to less than ½ acre: Four colonies.
c. One-half acre to less than 36,000 square feet: Six colonies.
d. 36,000 square feet to one acre: Eight colonies.
e. Greater than one acre: Eight colonies plus one colony per additional two thousand five hundred square feet of lot area above one acre.
2. Bee hives shall be kept a minimum of thirty feet from any exterior lot boundary line.
3. Except for lots with an area greater than one acre, a barrier shall be erected that will prevent bees from flying through it. Such barrier shall:
a. Be at least six feet in height and shall consist of a dense plant or hedge or any opaque constructed material;
b. Extend at least eighteen feet beyond the hive(s) in both directions.
4. Fresh, clean watering facilities for bees shall be provided on said premises.
5. Upon determination by a zoning inspector that a property owner is not in compliance with the zoning standards for beekeeping, the Pima County health department shall be notified. If the same property owner is determined to be keeping a colony or colonies deemed a nuisance or hazard by the health department, the course of action shall be determined by the health inspector in cooperation with the zoning inspector.
a. An exception to the provisions of this subsection shall be permitted for a period not to exceed sixty 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 Pima County 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 ten thousand square feet of the site area; and
b) No stable or corral is within one hundred feet of any property line or within three hundred 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: ten acres.
b) Other development standards: In accordance with the zone where located.
G. Fire Stations.
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 county staff prior to proceeding with the provisions of this subsection.
2. A Type 2 Conditional Use Permit with a hearing notification area of five hundred feet is required in accordance with Chapter 18.97.
3. Development standards.
a. Fire stations shall meet the requirements of the zone in which located, except that the minimum site area in:
1) CR-2 zoning shall be thirty-six thousand square feet;
2) CR-3, CR-4, CR-5, TR, CMH-1 and CMH-2 zoning shall be ten thousand square feet.
b. All fire station sites shall have a minimum one hundred feet of frontage for primary access on a road shown on the Major Streets and Scenic 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 (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 (Development Plan Standards).
H. Communication towers:
a. To regulate the placement, construction and modification of communications towers and related equipment areas in order to protect the health, safety and welfare of the public in accordance with the guidelines and intent of the Telecommunications Act of 1996 and other applicable federal, state and local ordinances;
b. To minimize the total number of communication towers throughout unincorporated Pima County by maximizing the use of existing communication towers in order to reduce the number of new towers needed;
c. To maintain and preserve the existing unique attributes of community character including, but not limited to, architecture, historic and cultural features, historic development patterns, landscape, hardscape and the size, scale and spacing of buildings and other structures that define the community identity of rural and residential neighborhoods, and to preserve property values in those neighborhoods;
d. To encourage the location of communication towers in business and industrial zones and in areas of compatible uses;
e. To minimize the adverse impacts of communications towers and related equipment areas on visually sensitive areas including, but not limited, to skylines, rock outcroppings, foothills, mountain backdrops, unique vegetation, streams and natural drainageways through the careful design, siting, landscape screening and innovative camouflaging techniques utilizing current and future technologies;
f. To promote and encourage shared use or co-location of communication towers and antenna support structures;
g. To protect the aesthetic quality of neighborhoods by encouraging the siting of communication towers to minimize negative aesthetic impacts and ensure to the extent possible that communications towers and related equipment areas are compatible with surrounding land uses;
h. To allow unincorporated Pima County access to the latest in wireless techonologies by collaborating with the wireless industry in developing sound siting policy.
a. Communication towers are permitted in any zone subject to the requirements of the Pima County Zoning Code.
b. Lattice-type communication towers intended for commercial uses are not permitted within public rights-of-way.
c. Towers over two hundred fifty feet in height are permitted only in business or industrial zones and shall comply with FAA painting and lighting (over one hundred ninety-nine feet in height) standards to provide for aircraft safety.
d. New communication towers in rural and residential zones, in gateway overlay zones and within two hundred feet of a designated scenic route shall be stealth design so as to minimize or mitigate the adverse visual impact through proper design and aesthetics to ensure that the communication tower is compatible with the built environment in which it is located. Because of differing circumstances specific to each site, a communication tower that is considered to be stealth in one location may not be considered to be stealth in a different location. Methods of stealth design include, but are not limited to:
1) Design that mimics surrounding existing vegetation such as palm trees (monopalms), pine trees (monopines) and Saguaro cacti not to exceed forty feet in height. If monopalms are used in areas where palm trees are not naturally prevalent in the vicinity of the communication tower location, two palm trees shall be planted on the site. Each palm tree shall be equal to one-half of the height of the monopalm at planting but must be a species that will grow to a minimum height of thirty feet. Monopalms and monopines are not permitted in buffer overlay zones.
2) Mounting antennas on existing structures that blend with the architecture of the structure on which the antennas are located.
3) Using color schemes that make the communication tower less noticeable.
4) Using church steeples, clock towers, bell towers, roof features or other such vertical architectural elements to conceal antennas and equipment.
5) Placing antennas on new or existing street signs, outdoor lighting poles, flag poles, windmills (both functional and faux), chimneys, cupolas, silos, smokestacks and utility poles which are designed to match the context and color of the host structure.
e. Communication towers in all zones require approval of a Type III conditional use permit, except for the following:
1) A new communication tower in the CB-2, CI-1, CI-2 and CI-3 zones.
2) A new communication tower monopole in the CB-1 and CPI zones requires a Type I conditional use permit.
3) A new communication tower in the MU zone shall be permitted through the MU zone special use procedure as set forth in Section 18.37.020.
4) An antenna attached to an existing, non-residential building with a maximum height of sixteen feet (above roof line or highest point of the building), and a communication tower equipment area obscured from public view. The total height of the structure, including the antenna, shall not exceed two hundred feet.
5) A co-located, flush-mounted antenna attached to an existing utility pole, or attached to an existing, conforming structure within a public right-of-way, provided the co-located antenna does not increase the height of the existing structure more than sixteen feet. If a new communication tower equipment area is added or an existing communication tower equipment area is expanded, a Type I conditional use permit is required. Equipment placed inside a vault, or equipment placed inside an existing walled or existing screened compound (e.g. utility substation or existing, previously approved communication tower equipment area) or equipment placed in the right-of-way of a street with a designation of an arterial or collector street or higher is exempt from the conditional use permit requirement.
6) A co-located antenna attached to an existing permitted communication tower, provided the tower height is not increased and the co-located antenna does not increase the height of the tower by more then two feet. And provided that the co-located antenna does not extend from the tower a distance that is greater than that of the existing antennas, or the co-located antenna is flush mounted. If a new communication tower equipment area is added or an existing communication tower equipment area is expanded, a Type I conditional use permit is required. Equipment placed inside a vault, or equipment placed inside an existing walled or existing screened compound (e.g. utility substation or existing, previously approved communication tower equipment area) or equipment placed in the right-of-way of a street with a designation of an arterial or collector street or higher is exempt from the conditional use permit requirement.
7) A new communication tower replacing an existing communication tower or utility pole provided the new tower meets all the following conditions:
a) Replaces the existing tower or pole;
b) Is located not more than six feet from the existing tower or pole foundation, and is within the same alignment relative to property boundaries and adjacent poles;
c) Is no higher than the existing tower or is no more than sixteen feet beyond the height of the existing utility pole, not to exceed a maximum total height of two hundred feet;
d) Antenna(s) are flush-mounted or does not extend from the communication tower a distance that is greater than that of the existing antennas.
e) If a communication tower equipment area is added or expanded, a Type I conditional use permit is required. Equipment placed inside a vault, or equipment placed inside an existing walled or existing screened compound (e.g. utility substation or existing, previously approved communication tower equipment area) or equipment placed in the right-of-way of a street with a designation of an arterial or collector street or higher is exempt from the conditional use permit requirement.
8) A communication tower together with any antenna and associated communication tower equipment area used solely for internal communication purposes at a utility substation as long as the height of the communication tower was specified in the legal advertisement and public notice for any required utility substation permit hearing. The structure and its height shall be shown on the substation site plan.
9) New antennas replacing existing antennas located on a permitted communication tower or utility pole as long as no changes are being made to the existing tower or pole, the communication tower equipment area is not being expanded or added, and the replacement antennas are of the same type as the existing antennas.
10) A new communication tower fifty feet or less in height with flushed mounted antennas requires a Type I conditional use permit.
11) A new communication tower that places communication tower equipment inside a vault requires a Type I conditional use permit.
12) New antenna added to a communication tower that are not flush mounted or extend from the communication tower a distance that is greater than that of the existing antennas requires a Type I conditional use permit.
13) Any communication tower that does not qualify for exemption from the Type III conditional use permit requirement under subparagraphs 1 through 12 above and that is increased in height by less than five feet requires a Type I conditional use permit.
14) Speculative communication towers are not permitted.
15) Communication tower structures and additions that are exempt under A.R.S. Title 11 Chapter 13, Article 1.
16) A new communication tower thirty feet or less may be approved through the communication tower notice permitting process.
3. Application procedures:
a. A site plan is required for a communication tower and appurtenances and a communication tower equipment area.
b. The applicant shall submit documentation detailing that applicable Federal Communications Commission and Federal Aviation Administration regulations have been reviewed and that the regulations are being complied with or that the communication tower is exempt from regulation prior to the issuance of the building permit.
c. The applicant shall submit with the site plan before and after photo simulations showing the tower and surrounding area.
d. Prior to the issuance of a building permit, the applicant shall submit a license agreement to use the public right-of-way and approval from the department of transportation as conditions of site plan approval for any communication tower or co-located antenna and associated communication tower equipment area to be located in a public right-of-way.
e. The minimum notification area for communication towers requiring a conditional use permit hearing is one thousand feet in the IR zone.
f. For new towers the applicant shall submit a narrative explanation describing the community necessity for the new tower and resulting increase in coverage. The narrative shall list, and include a discussion of, the pros and cons of each prospective new tower site and co-location opportunity considered (along with maps showing the locations of each site) and shall state the reasons why each of the alternative sites and co-locations was not considered to be feasible. The narrative report shall be accompanied by before and after propagation maps prepared and signed by a radio frequency engineer evidencing that a gap in coverage exists and demonstrating how the proposed tower will eliminate the existing gap.
g. Applicants for a communication tower for cellular phone antennas must provide evidence in writing that at least one cellular phone provider is committed to locate on the tower.
h. Upon completion of the construction of any communication tower activity requiring a permit or right-of-way license, the applicant shall submit two sets of as-built photographs of the completed project as evidence of compliance with the provisions of the permit or right-of-way license.
4. Development standards:
a. Lattice-type communication tower and associated equipment area not within the public right-of-way:
1) Minimum site area: None.
2) Minimum lot setbacks: A distance equal to the height of the tower.
b. Monopole communication tower and associated communication tower equipment area within the public right-of-way:
1) Minimum site area: None.
2) Minimum setbacks - tower: A distance equal to the height of the tower from a residence.
c. Monopole communication tower and associated communication tower equipment area not within the public right-of-way:
1) Minimum site area: None.
2) Minimum lot setbacks - tower:
a) Adjacent to a residential zone or use, or within the IR zone: A distance equal to the height of the tower.
b) Adjacent to a non-residential zone: A minimum of fifty feet to all lot lines except internal lot lines within the boundaries of an approved development plan. Exceptions to this requirement for side and rear setbacks may be obtained through an approved modification of setback requirements request. Monopole communication towers adjacent to an industrial zone shall meet the setback requirements of the zone in which the tower is located.
3) Minimum lot setbacks - communication tower equipment area: The communication tower equipment area shall meet the setback requirements for accessory structures in the zone in which the tower is located.
d. Co-located antenna(s) attached to an existing, conforming structure including replacement poles and associated communication tower equipment area within the public right-of-way:
1) Minimum site area: None.
2) Minimum site setbacks: None.
e. An antenna(s) attached to an existing, permitted structure, including replacement poles, and associated communication tower equipment area not located within the public right-of-way:
1) Minimum site area: None.
2) Minimum lot setbacks: None.
f. Communication monopoles and lattice towers located within two hundred feet of a designated scenic route shall be stealth design, so long as this is not in conflict with FAA standards. If a new utility pole is used for the communication tower and the new utility pole replaces an existing utility pole which is one of a line of utility poles, then the color of the replacement utility pole and the new antennas shall match the color of the adjacent utility poles.
g. Towers shall be located with access to a publicly maintained road.
h. Landscaping shall be in accordance with Chapter 18.73 and shall screen the communication tower equipment area from adjacent residential uses and public streets. This requirement is not applicable within public rights-of-way.
i. Barbed wire may be used on fences and walls for security purposes in nonresidential zones if the wire is a minimum of six feet above ground level.
j. The light source of any outdoor security lighting shall not be visible from adjoining residential properties and shall be arranged to eliminate glare towards adjoining residential properties.
k. A minimum of one parking space shall be provided for each tower either within the site area or off-site if demonstrated to be safe and reliable.
5. Termination of Use. Any tower, structure or antenna that ceases operation for a period of twelve consecutive months shall be deemed to have terminated use and shall be removed within ninety days at the property owner's expense.
6. Communication Tower Notice Permitting Process.
a. Applicability. New communication towers thirty feet or less may be permitted by the zoning inspector in accordance with the provisions of this subsection.
b. Application. Applications for communication towers shall be made on forms provided by the development services department and shall include all information in Section 18.07.030(H)(3) of the Pima County Zoning Code.
c. Notice to owners of affected properties.
1) The zoning inspector shall mail notice of the application, including a site plan and photo simulation, to property owners within one thousand feet for requests in RH, GR-1, SR and SR-2 zones, and property owners within three hundred feet for all other zones.
2) The zoning inspector may waive the sending of notice to any property owner that provides written consent to the request.
d. Action by the zoning inspector.
1) The zoning inspector shall review all submitted information and provide a written response to the applicant.
2) If no protest has been received, approval may be granted and building permits may be issued for the tower in accordance with Section 18.93.050 of the Pima County Zoning Code.
3) If a written protest is received from a property owner in the notice area within fifteen days of the date of the mailing of notice the application shall be denied and the applicant shall be informed of the protest. The applicant may submit a conditional use application for the communication tower.
7. Administrative Waiver Process (A.R.S. § 11-1803(C)).
a. An applicant may apply for an administrative waiver for a small wireless facility as defined by A.R.S. § 11-1801(17). An administrative waiver may only be requested for items listed in A.R.S. § 11-1803(B)5, 6, or 7.
b. The zoning inspector will consider the purpose statement found in Section 18.07.030(H)(1) of the Pima County Zoning Code when determining whether to grant an administrative waiver.
c. For requests to waive an undergrounding requirement and allow a utility pole in the right-of-way on a scenic route under A.R.S. § 11-1803(C), the zoning inspector will permit the pole when the proposed utility pole is within twenty feet of an existing utility pole, street light or similar structure and the proposed utility pole is no higher than the existing structure that is within twenty feet.
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, parochial, charter, dramatic, dancing, music, or other similar schools where children may be enrolled;
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 CB-2, CI-1, CI-2, and CI-3.
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 inspector.
2. The permit shall be valid for no more than sixty days from the date of issuance and shall be valid only for the uses as approved by the zoning inspector.
K. Environmental Hazards.
1. Applicability. Due to the potential for adverse environmental impact, nuisance or hazard greater than that of other permitted uses, the following uses of land and erection, moving, alteration or enlargement of a building or other structure for such uses shall comply with the provisions of this subsection:
a. Facilities requiring Class I or Class II air quality permits pursuant to A.R.S. § 49-426, § 49-479 or Pima County code Section 17.12.140;
b. Hazardous waste treatment, storage and disposal facilities, hazardous waste transporters and hazardous waste generators required by A.R.S. § 49-929 to register annually with the Arizona Department of Environmental Quality pursuant to A.R.S. § 49-929;
c. Hazardous waste resource recover facilities as defined in A.R.S. § 49-930;
d. Septic tank cleaners, liquid waste haulers and industrial waste haulers required to be permitted pursuant to Pima County code Section 7.21.150;
g. Facilities with underground storage tanks subject to annual fees pursuant to A.R.S. § 49-1020, except gasoline filling stations, repair shops and public garages, which shall be regulated pursuant to Subsection 18.07.030K.1.a.
a. The use is situated less than one thousand three hundred twenty feet from the boundary of any zone other than CPI, CI-1, CI-2, or CI-3;
b. The use is situated less than one thousand three hundred twenty feet from a public, private or parochial school, adult assisted care facility, or day care center;
c. For purposes of this subsection only, the Type 1 conditional use permit process shall be modified as follows:
2) The use shall meet all standards listed in 18.97.030F. The hearing administrator shall give special considerations to the health and safety of neighboring residents in the hearing administrator's review of the permit.
L. Factory-built (modular) buildings.
1. A nonresidential factory built building is permitted in any zone, provided that the use of the building is a permitted use in the zone.
2. A residential factory built building is permitted as provided in Section 18.09.020K of this code.
M. Off-road vehicle facilities:
a. To maintain residential property values, preserve the comfort, enjoyment, and privacy of residents of the county, and reduce the potential for dust and noise pollution, erosion, and destruction of vegetation caused by off-road vehicle use.
b. To regulate the construction and use of off-road vehicle facilities, requiring such facilities to meet development standards.
c. To restrict the zones in which off-road vehicle facilities are permitted.
a. An off-road vehicle facility shall be permitted only in CB-2 or less restrictive zoning classifications subject to the development standards of the zone in which the facility is located and obtaining the proper permit and in the RH, GR-1, and SR zones as Type I conditional uses. The minimum notification area shall be one thousand three hundred and twenty feet from the subject property.
b. Conditional use permit approval for an off-road vehicle facility shall be valid for a period of three years. A renewal of the off-road vehicle facility permit shall be subject to the same application procedures as a first-use permit. The hearing administrator shall renew the permit if he determines that the off-road vehicle facility is in compliance with the initial permit standard requirements and conditions. The renewal fee shall be the same as the fee for a first-use Type I conditional use permit.
3. Development Standards for an off-road vehicle facility in the RH, GR-1, and SR zones. The development standards contained in this section constitute the minimum requirements which must be met for off-road vehicle facilities. The hearing administrator may on a case-by-case basis impose additional and/or more stringent conditions than those contained in subsections 3b through 3f if he or she determines such conditions to be warranted given the surrounding environment and neighborhood concerns about a specific facility. The hearing administrator shall, as a component of his or her decision, state the reasons why such conditions are necessary and appropriate. Such additional conditions may include, but are not limited to, the following: restricting the hours of operation, imposing additional setback requirements, limiting the size and location of a facility, limiting the number of off-road vehicles permitted to use a facility at any one time, restricting the time duration of each use of the facility and requiring landscape screening of the facility.
a. Minimum lot size: Ten acres.
b. Minimum setbacks: Two hundred feet from any lot line. A setback of less than two hundred feet shall be permitted on the side and rear yards where the adjacent property owners have provided a written, recorded document agreeing to the reduced setback.
c. Use of the off-road vehicle facility shall be restricted to the hours of ten a.m. to seven p.m. seven days per week March 15th through September 14th, and the hours of ten a.m. to six p.m. seven days per week September 15th through March 14th. However, in no event shall the use exceed a total of three hours per day during the allowable time frames.
d. There shall be no outdoor lighting or other illumination of the facility.
e. There shall be no public address or other announcing or broadcast system allowed in conjunction with the off-road vehicle facility.
f. The off-road vehicle facility shall be for personal, non-commercial use only.
g. A site plan shall be submitted which clearly depicts how the development standards are being met. The site plan sheet size shall be 24' × 36' and shall be drawn at a standard engineering scale that will show all required details. A development plan in accordance with Chapter 18.71 is not required for the Type I conditional use permit.
h. The applicant for a conditional use permit for an off-road vehicle facility shall contact all property owners and affected neighborhood associations within the notification area and shall hold a meeting, with a specified date, for review of the proposed conditional use request. Notice of the meeting shall be mailed, via first class mail, to all property owners and homeowners associations of record with the development services department within the notification area ten business days before the meeting. At such meeting, the applicant shall review the proposed use and any measures designed to mitigate any adverse consequences of the use. The applicant shall provide written proof of the meeting to the zoning inspector at least thirty days prior to the date of the public hearing by the hearing administrator. The conditional use request shall not be set for public hearing without such written proof.
i. All standard zoning requirements and special conditions placed on the facility by the hearing administrator shall be posted on the property at a location and in a manner and that is easily visible to facility users.
j. The permit holder shall comply with all applicable Pima County ordinances regarding noise and dust control.
k. The holder of an off-road vehicle facility permit shall meet with neighboring property owners on an annual basis. The meeting shall be held within thirty days of the permit anniversary date. Notice of the meeting shall be sent to property owners and homeowners associations of record with the development services department within the notification area. The notice shall be sent by first class mail ten business days before the meeting. The meeting notice shall contain at a minimum the following wording:
1) This notice is provided pursuant to Section 18.07.030(M)(3)(j) of the Pima County Zoning Code regarding an established off-road vehicle facility on my property located at (property address).
2) The terms of the conditional use permit require the permit holder to offer to meet annually with property owners within one quarter mile of the facility.
3) The purpose of the meeting is to gather feedback from neighbors regarding the operation of the facility.
4) If you feel that the facility is not being operated in compliance with the terms of the conditional use permit, you may file a zoning complaint with the Pima County development services zoning enforcement division.
5) Copies of the conditional use permit will be available at the meeting or may be obtained from the Pima County development services department. The permit holder shall provide Pima County development services with a written summary of the meeting within ten days of the meeting.
4. The provisions of this section shall not apply to a vehicle being used for:
a. Ranching or agricultural purposes;
b. Access to hunting, fishing, camping, and other similar areas;
c. Grading, construction or building trade purposes;
d. Mining purposes;
e. Licensed business operations which require off-road travel such as land surveying, public utility companies, sand and gravel operations and other similar enterprises;
f. Authorized emergency purposes including towing services;
g. Governmental purposes by government employees;
h. Transportation on a golf course.
N. Cargo Container.
1. Cargo containers are permitted in all zones only in conjunction with an approved permitted commercial development plan.
O. Commercial Vehicle Parking. Parking commercial vehicles is permitted in all zones only in conjunction with a permitted use and commercial development plan or with a permitted home occupation subject to Section 18.09.030(A)(10).
P. Ancillary Scale Renewable Energy System.
a. To encourage energy self-sufficiency on an individual scale through the use of ancillary scale renewable energy systems;
b. To minimize to the extent possible adverse visual effects and any possible audio effects of renewable energy systems through appropriate development standards;
c. To provide clear regulations for the use of ancillary scale renewable energy systems.
2. Applicability: Primarily intended for on-site use only to off-set part or all of a property owner's or occupant's electrical requirements; selling excess energy produced is incidental to the primary use. Ancillary scale renewable energy systems are considered accessory uses to be allowed in all zones subject to the following development standards.
3. Development Standards—Ancillary Scale Solar Energy Systems:
a. Minimum site area: In accordance with the underlying zone.
1) Ground-mounted solar energy systems six feet in height or less:
i) Front: In accordance with the minimum front yard requirements for a main structure or building of the underlying zone.
ii) Side: In accordance with the minimum side yard requirements for an accessory structure or building of the underlying zone.
iii) Rear: In accordance with the minimum rear yard requirements for an accessory structure or building of the underlying zone.
2) Ground-mounted solar energy systems greater than six feet in height:
i) Front: In accordance with the minimum front yard requirements for a main structure or building of the underlying zone.
ii) Side: In accordance with the minimum side yard requirements for a main structure or building of the underlying zone plus two feet.
iii) Rear: In accordance with the minimum rear yard requirements for a main structure or building of the underlying zone.
3) Roof-mounted solar energy panels: In accordance with the minimum yard requirements for the applicable structure (main or accessory) to which the panel is attached.
4) Solar energy panels co-located on existing utility poles: In accordance with the underlying requirements for the existing pole.
1) Ground-mounted solar energy systems: Maximum ten feet, with the following exception that systems up to sixteen feet shall be allowed in the IR (institutional reserve), RH (rural homestead), GR-1 (rural residential), SR (suburban ranch), and SR-2 (suburban ranch estate) zones and all commercial and industrial zones.
2) Roof-mounted solar energy panels:
i) Parapet or flat roof: The highest point of the solar device structure shall be no more than eight feet above the top of the parapet or roof line, and the combined height of the solar device structure and the structure to which it is attached shall comply with the maximum height of the underlying zone allowed for the applicable structure (main or accessory) to which the solar device structure is attached.
ii) Gable, hip or gambrel roof: The highest point of the solar device structure shall be no more than six feet above the roof, and the combined height of the solar device structure and the structure to which it is attached shall comply with the maximum height of the underlying zone allowed for the applicable structure (main or accessory) to which the solar device structure is attached.
3) Solar energy panels co-located on existing utility poles: In accordance with the underlying requirements for the existing pole.
4) Height is calculated as measured to the highest point of the solar device structure from the finished grade.
d. Ground-mounted solar energy systems located within the single residence zone (CR-1) or single residence zone (CR-2), and ground-mounted solar energy systems within the suburban ranch zone (SR) and suburban ranch estate zone (SR-2) if the system is set back less than fifty feet from the abutting properties, shall require a wall or opaque fence (no chain link fencing) on the side abutting the neighbor(s) or that portion of the side affecting the abutting neighbor as determined by the chief zoning inspector or their designee, equal to the height of the system up to six feet or vegetative screening capable of growing up to or greater than the height of the system, be provided to help obscure the solar system from the abutting neighbors' ground-level views. The applicant may obtain an exception from this screening requirement to allow no fencing or chain link fencing with written consent from all abutting property owners submitted to the chief zoning inspector or their designee. The applicant must specify to the abutting property owners whether the exception is for no fencing or chain link fencing.
e. Lot coverage: Accessory structure maximum lot coverage shall not apply.
f. Solar energy panels co-located on existing utility poles are limited to sixteen square feet per pole.
4. Solar energy systems shall be located such that prolonged and/or substantial concentrated solar radiation or glare shall not be directed onto abutting properties or roadways.
5. Energy production: The chief zoning inspector or designee may request prior to issuing permits that the property owner provide written certification that the energy produced by the renewable energy system(s) is reasonably equivalent to the electrical usage of the property; any selling of excess energy is incidental.
6. An exception to the setback requirements may be made subject to approval of a modification of setback requirements (MSR) request in accordance with Section 18.07.070.
7. Any renewable energy system which becomes inoperable shall at the owner's expense be made operational or shall be removed from the property within one year of the date the system became inoperable.
Q. Utility Scale Renewable Energy System.
a. To encourage the use of renewable energy systems;
b. To provide clear regulations for utility scale renewable energy systems;
c. To minimize to the extent possible adverse visual effects of renewable energy system structures through appropriate development standards.
2. Applicability: A solar energy system that generates energy primarily intended for off-site consumption; selling energy produced is the primary purpose of the system. The facility may include accessory uses such as buildings associated with electrical operational infrastructure such as inverters and transformers.
3. Development Standards:
a. Utility scale solar energy systems are considered primary uses and are permitted in the general business zone (CB-2), light industrial/warehousing zone (CI-1), general industrial zone (CI-2), and heavy industrial zone (CI-3) subject to the following requirements:
1) The equivalent development and performance standards as for a main structure or building of the underlying zone, with the exception of maximum lot coverage restrictions;
2) The submittal of an approved solar site development plan with the exception of roof-mounted systems; and
3) Subject to the general requirements listed in Section 18.07.030(Q)(4) below.
b. Utility scale solar energy systems are considered primary uses and are permitted in the multiple use zone (MU), local business zone (CB-1), and campus park industrial zone (CPI) subject to the following requirements:
1) Approval of a Type 1 conditional use permit;
2) Adherence to the performance standards in Section 18.43.020(B)(1);
3) The equivalent development standards as for a main structure or building of the underlying zone with the exception of maximum lot coverage restrictions and unless further expanded in setback or restricted in height in accordance with Section 18.07.030(Q)(4)(g);
4) Submittal of an approved solar development plan with the exception of roof-mounted systems; and
5) General requirements listed in Section 18.07.030(Q)(4) below.
c. Utility scale solar energy systems are considered primary uses and are permitted in the institutional reserve zone (IR), rural homestead zone (RH), rural residential zone (GR-1), suburban ranch zone (SR), suburban ranch estate zone (SR-2), and suburban homestead zone (SH) subject to the following requirements:
1) Approval of a Type I conditional use permit if the facility site is not within any of the following conservation land categories established in the regional environmental element of the comprehensive plan, as may be amended:
Important riparian area,
Biological core management area,
Multiple use management area,
Special species management area,
Scientific Research Area, or
2) Approval of a type II conditional use permit if the facility site is within any of the following conservation land categories established in the regional environmental element of the comprehensive plan, as may be amended:
Important riparian area,
Biological core management area,
Multiple use management area,
Special species management area,
Scientific research area;
3) Adherence to the performance standards in Section 18.43.020(B)(1);
4) The equivalent development standards for a main structure or building of the underlying zone with the exceptions of maximum lot coverage restrictions not being applicable, a minimum site area of two acres for the SH zone, and unless further expanded in a setback or restricted in height in accordance with Section 18.07.030(Q)(4)(g);
5) Submittal of an approved solar development plan with the exception of roof-mounted systems; and
6) Subject to the general requirements listed in Section 18.07.030(Q)(4) below.
4. General requirements for all utility scale solar energy systems:
a. The minimum required fencing for a ground-mounted system is a perimeter chain link fence (unless Section 18.49.040(G) applies, in which case another type of fencing/wall is required) meeting minimum setback requirements, however, the hearing administrator may recommend additional or alternative specific types of fencing, screening, and/or walls appropriate to the site and surrounding land use(s) and not otherwise prohibited by this title.
b. The site's permanent building, if any, shall utilize a southwestern color palette (desert tans, browns, rusts, greens) for those opaque surfaces that are not of indigenous or natural building materials. If the property is subject to the scenic route regulations of Chapter 18.77, the more restrictive requirements shall apply.
c. Solar energy systems shall be located such that prolonged and/or substantial concentrated solar radiation or glare shall not be directed onto abutting properties or roadways.
d. Suitable warning signs containing a telephone number for emergency calls shall face all access approaches to the facility. No advertising on the signs is allowed.
e. The site shall be maintained in a trash and debris free manner.
f. Any renewable energy system which becomes inoperable shall at the owner's expense be made operational or shall be removed from the property within one year of the date system became inoperable. An appropriate reclamation and closure plan, including recycling, subject to the planning director's approval shall be required prior to removal.
g. Any additional special conditions deemed necessary by the hearing administrator or the board of supervisors may be added.
5. An exception to the setback requirements may be made subject to approval of a modification of setback requirements (MSR) request in accordance with Section 18.07.070.
6. Barbed wire may be used on fences or walls for security purposes provided the barbed wire is greater than six feet above ground level. The barbed wire shall not count towards the maximum fence or wall height.
R. Rainwater Harvesting System.
1. Rainwater harvesting systems are permitted in all zones, subject to the requirements and exceptions of this subsection:
a. Exposed openings to cisterns shall be screened with a corrosion resistant metallic fine mesh to prevent mosquitoes from entering.
b. Large openings in cisterns shall be securely fastened to prevent accidental drowning.
c. Overflow or discharge from rainwater harvesting systems must not have an adverse impact on adjacent property or rights-of-way.
d. Cistern setbacks:
1) Front: In accordance with the minimum front yard requirements for a main structure or building of the underlying zone.
2) Side: In accordance with the minimum side yard requirements for an accessory structure or building of the underlying zone, except that zero lot line siting is permissible for cisterns eight feet or less in height, excluding piping, on lots of eight thousand square feet or less.
3) Rear: In accordance with the minimum rear yard requirements for an accessory structure or building of the underlying zone.
e. Exceptions for cisterns:
1) Cisterns forty-eight inches or less in height and width excluding piping are exempt from minimum yard distance setback requirements of the underlying zone.
2) Cisterns are exempt from maximum lot coverage requirements of the underlying zone.
3) For single detached or one-family dwellings on lots of less than seventy-two thousand square feet, if more than two cisterns are visible within a front or side yard from a single point on an abutting street, the cisterns must be screened with a minimum five-foot-high wall, fence, or hedge.
S. Stormwater Harvesting System.
1. Purpose. The use of stormwater harvesting systems can:
a. Increase on-site stormwater infiltration to reduce run-off and soil erosion;
b. Improve stormwater quality by absorption, filtration and uptake of pollutants into natural systems;
c. Provide a low-cost, sustainable source of irrigation to augment and reduce use of groundwater resources;
d. Support landscaping to create shade, lessen urban heat island, improve air quality and beautify local development;
e. Provide wildlife habitat and preserve and enhance existing riparian corridors; and
f. Reduce the burden on and cost of building public stormwater control structures.
2. Stormwater harvesting systems are permitted in all zones, subject to the requirements and exceptions of this subsection:
a. Design, installation and use of stormwater harvesting systems should use as guidance, where applicable, Pima County Code Title 16-Floodplain Management, the Regional Flood Control District Manual "Design Standards for Stormwater Detention and Retention," the City of Tucson/Pima County "Low Impact Development-Green Infrastructure Guidance Manual," and other accepted stormwater harvesting principles and guidelines for arid climates approved by the floodplain administrator and planning official.
b. Stormwater harvesting shall be reviewed in conjunction with site improvement plan review.
c. Stormwater harvesting systems shall be designed to:
1) Collect stormwater from all on-site paved, impervious or disturbed surfaces, but may also collect off-site non-regulatory stormwater;
2) Drain directly into bufferyards, off-street parking, and other required landscape and screening areas, as well as detention basins and areas that augment existing riparian habitat; and
3) Allow the flow of stormwater between harvesting elements across the site — walls, hardscaping, and other structures shall also be designed to facilitate stormwater flow.
T. Safety standards for existing tall commercial structures. On any parcel with a tall commercial structure, excluding buildings, measuring 24 feet or taller and is subject to a development plan, subdivision plat or Type II grading permit, pedestrian access, parking area access lanes and loading zones shall not be located, under the structure, or within eight feet of a vertical line intersecting the ground and the outer perimeter of any elevated structural element extending from the existing structure, including but not limited to, such as overhangs, cantilevered beams, and walkways.
U. Mobile Homes. Mobile homes imported, installed or relocated within Pima County shall be rehabilitated and certified to Arizona Manufactured Housing Division standards, as amended, for units constructed on or before June 15, 1976.
V. Trail-oriented development: to provide incentives to encourage economic development and small-scale business opportunities through retail and services for users who commute and recreate on established county trails.
1. Guidelines - Establishments should:
a. Be located to provide safe access for pedestrians and bicyclists to and from trails;
b. Provide outdoor seating, shade, landscaping, and be oriented toward trails to the extent practicable;
c. Use elements of green building, sustainability, water harvesting, and green infrastructure / low impact development in project design and construction;
d. Promote and complement the region's long historic, cultural and natural heritage, and existing specific site characteristics (such as shade trees, vegetation, or viewsheds) where possible.
a. Any parcel within five-hundred feet of the Chuck Huckelberry Loop Trail or any county-identified Loop Trail spur segment, excluding any parcels west of N. Silverbell Road.
a. Food and beverage service, such as coffee shop, café, delicatessen, ice cream store, juice bar, refreshment stand, brew pub, restaurant (with or without alcohol sales);
b. Retail, such as bicycle shop, farm products stand, farmers market, grocery, convenience store, or similar small retail establishment;
c. Services, such as bank or personal services;
d. Other trail-oriented development: all uses which are similar in type, scale or intensity to other uses listed and which are, in the opinion of the zoning inspector, not otherwise unlawful, injurious to the general health and welfare or specifically excluded.
4. Requirements for permanent structures and establishments:
a. Maximum floor area in RH, GR-1 and SR zones: 10,000 square feet;
b. Setbacks on parcels that abut trails and onsite vehicle parking may be reduced to less than required, with Planning Official approval, when demonstrated that the minimum necessary to support onsite use is provided;
c. Shall provide sufficient and secure bicycle parking.
5. Signage - Section 18.79.040 of the zoning code notwithstanding, temporary and portable advertising signs for establishments along trails shall be permitted:
a. Free-standing single-sided or two-sided sandwich board type signs only permitted;
b. Signs shall not exceed sixteen square feet in area per side;
c. Signs shall be placed during business hours only and removed at close of the business day;
d. Signs shall be located and secured so as not to cause safety hazards. Signs shall not be placed within trail rights-of-way, obstruct congested areas, obstruct entrances, obstruct line-of-sight down the trail, or otherwise obstruct trails;
e. Signs shall not be illuminated;
f. Signs may be placed on public property.
(Ord. 2020-24, § 1, 2020; Ord. 2018-17 § 1, 2018; Ord. 2018-15 § 1, 2018; Ord. 2017-36 § 8, 2017; Ord. 2017-3 § 1 (part), 2017; Ord. 2015-7 § 2, 2015; Ord. 2013-42 § 3, 2013; Ord. 2012-72 § 1, 2012; Ord. 2012-15 § 2, 2012; Ord. 2011-45 § 2, 2011; Ord. 2011-2 § 3 (part), 2011; Ord. 2009-101 § 2, 2009; Ord. 2008-70 § 2, 2008; Ord. 2006-85 § 2, 2006; Ord. 2005-87 § 2, 2005; Ord. 2005-85 § 2, 2005; Ord. 2002-67 § 2, 2002; Ord. 1999-78 § 2, 1999; Ord. 1999-34 § 1, 1999; Ord. 1998-53 § 1, 1998; Ord. 1997-40 § 2, 1997; Ord. 1996-58 § 4 (part), 1996; Ord. 1994-147 § 2, 1994; Ord. 1994-114 § 2, 1994; Ord. 1993-150 § 1, 1993; Ord. 1992-6 § 1 (part), 1992; Ord. 1988-153 § 1 (part), 1988; Ord. 1986-19 § 1 (part), 1985; Ord. 1985-153 § 1 (part), 1985; Ord. 1985-82 (part), 1985)