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A. Splitting of Lots.
1. No lot or parcel of land held under one ownership on February 16, 1953, shall be reduced in size below the minimum lot area or lot width required by this code; and
2. No building or use permit shall be issued for such deficient lot or parcel or portion thereof, except that on one street frontage of any one block of a subdivision, where lots having less than the minimum lot area or lot width existed prior to February 16, 1953, and existing unimproved lots so that minimum-size building lots may be used if split in accordance with the pattern previously established for the block; provided, that any new lot or building site so formed has not less than eighty percent of the minimum lot area and lot width required in the zone.
B. Exceptions for Lots of Records.
1. This subsection shall apply to any lot:
a. Shown upon an official subdivision map duly approved and recorded prior to February 16, 1953; or
b. For which a bona fide deed is on record in the office of the county recorder; or
c. For which a valid, bona fide contract of sale was in full force and effect on February 16, 1953, and said map, deed or contract of sale was of record on said date; or
d. Split in accordance with the exception of Section 18.07.020A.
2. Any such lot may be used as a building site; provided:
a. The yard and other requirements of this code are complied with; or
b. If private subdivision restrictions or regulations were of record and unexpired on February 16, 1953, establishing less restrictive yard and area requirements for said lot, and at least one lot in said subdivision was improved in compliance with said private restrictions prior to said effective date, the zoning inspector may issue a permit under said private restrictions as to yard and area requirements for any use permitted by this code for said lot, but no permit shall be issued for more than one dwelling unit on any lot having less than the minimum area per dwelling unit of the zone in which said lot is located;
3. Each minimum side yard may be reduced by two inches for each one foot by which such lot is narrower than fifty-five feet; provided, that no minimum side yard shall be narrower than five feet;
4. The minimum rear yard may be reduced three inches for each one foot by which such lot is less than one hundred twenty-five feet in depth; provided, that no minimum rear yard shall be less than twenty feet.
C. Area, Screening and Setback Credits for Trails Access Dedications.
1. The area of a lot or parcel dedicated to the county for public trails access shall be credited to the lot or parcel to satisfy any area, screening or setback requirement of a rezoning, this code or any permit issued thereunder.
2. Requests for the implementation of an area, screening or setback credit for public trails access shall be initiated by or submitted for approval to the director of the parks and recreation department.
3. Dedications and requests so approved by the director of the parks and recreation department shall be forwarded to the board of supervisors for acceptance.
(Ord. 1993-80 § 1, 1993; Ord. 1985-188 § 1 (part), 1985; Ord. 1985-82 (part), 1985)
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.
6. Exceptions:
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.
1. Scope:
a. Fire stations and related facilities are permitted in all zones, subject to the requirements of this subsection.
b. The location of any proposed fire station shall be discussed with 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:
1. Purpose:
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.
2. Applicability:
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;
e. Uses which require an industrial wastewater discharge permit as required by Chapter 13.36 of the Pima County code and which are subject to categorical pretreatment standards as described in Pima County code Section 13.36.040.C;
f. Landfills;
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.
2. Exception. This subsection does not apply to uses located in the CI-3 zone. Within the CI-3 zone, the uses listed in Subsection 18.07.030K.1 above shall be governed by the requirements of Chapter 18.55 of this code.
3. Conditional use permit required. The uses listed in subsection 18.07.030K.1 above shall require a Type 1 conditional use permit in accordance with Chapter 18.97 if any of the following apply:
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:
1. Purpose:
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.
2. Scope:
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.
1. Purpose:
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.
b. Setbacks:
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.
c. Height:
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.
1. Purpose:
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 business opportunities through retail and services and small-scale residential 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. Provide a diversity of housing types including workforce housing in conveniently located areas;
d. Use elements of green building, sustainability, water harvesting, and green infrastructure / low impact development in project design and construction;
e. 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.
2. Location:
a. Non-residential or mixed-use development - 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.
b. Residential - Any parcel within 2,640 feet of the Chuck Huckelberry Loop Trail or any county-identified Loop Trail spur segment, excluding any parcels west of N. Silverbell Road.
3. Uses:
a. Non-residential or mixed-use development:
i. 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);
ii. Retail, such as bicycle shop, farm products stand, farmers market, grocery, convenience store, or similar small retail establishment;
iii. Services, such as bank or personal services;
b. Platted residential development connected to sanitary sewer:
c. 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. Non-residential development or mixed-use development:
i. Maximum floor area in RH, GR-1 and SR zones: 10,000 square feet;
b. Residential development:
i. Minimum site area: Seven thousand square feet;
ii. Average area per dwelling unit: in accordance with the appropriate zone;
iii. Minimum lot size: One thousand square feet;
iv. Minimum site setbacks: in accordance with the yard setbacks of the appropriate zone;
v. For subdivisions of 10 lots or less:
a) May develop per section 2.2. Commercial and Industrial Developments of the 2016 Subdivision and Development Street Standards (as amended from time to time).
b) May design wastewater infrastructure in accordance with the international plumbing code if the system is private, no manholes are proposed, 3,000 gallons per day (gpd) or less, and no force main is proposed.
c. 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;
d. 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.
W. Transit oriented development: To provide incentives to encourage housing development on previously developed properties located along major transportation corridors.
1. Guidelines - New housing should:
a. Be located within previously developed land excluding single-family residential development;
b. Provide a variety of housing sizes including a range of studios, one bedroom and multi-bedroom options;
c. Consider rentals or ownership products;
d. Consider a mix of uses by continuation of and maintaining existing uses;
e. Consider parking reduction as prescribed in Section 18.75.050C.;
f. Consider preservation of potentially eligible historic resources and consider compatibility with adjacent eligible historic resources as prescribed in Chapter 18.63.
2. Location: At least a portion of the project site:
a. Must be within the CR-4, CR-5, MU, TR, CB-1 or CB-2 zones;
b. Must be located with direct access to a designated arterial street. That portion of the street must also be no more than eighty-five percent (85%) capacity as determined by Pima County Transportation Department or similar entity, and if at an intersection, primary access shall be designed to arterials under eighty-five percent (85%) capacity;
c. Must be located within 2,640 feet of a transit stop;
d. Must connect to sewer;
e. Must be located within a water service area of a provider that has a renewable water source and must have access to that source;
f. Must be developed within previously developed site.
3. Uses:
a. Single family dwellings, duplex, condominium, townhouse, apartment, multifamily dwelling, if allowed within the underlying zoning and not specifically prohibited if the property was rezoned;
b. The continuation of any uses that were previously established.
4. Development standards:
a. Minimum site area, average area per dwelling unit, and minimum lot size in accordance with underlying zone;
b. Minimum setbacks in accordance with underlying zone, except the front yard setback may be reduced to zero feet provided parking is available elsewhere on-site and sufficient right-of-way has been provided as identified in the Major Streets Plan;
c. Height: 50 feet and up to four stories. May be increased to 60 feet and five stories for any portion of the structure located at least 100 feet from any existing single-family residence;
d. Designed in accordance with the Subdivision and Development Street Standards.
(Ord. 2024-7, § 1, 2024; Ord. 2023-4, § 1, 2023; 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)
A. Additional Permitted Uses. The following accessory uses shall be permitted in any zone when the principal use itself is permitted:
1. The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions;
2. Recreation, refreshment and service buildings in public parks, playgrounds and golf courses.
B. Public Utilities Permitted. Except as provided in Chapter 18.57:
1. Nothing in this code shall prevent the location, erection, alteration or maintenance of pipes, poles, wires, and similar installations necessary to distribute public facilities;
2. In addition to other provisions of this code, the uses of this subsection shall be permitted in any zone and shall not be subject to the minimum lot area requirements. Barbed wire may be used on fences and walls for security purposes, provided the wire is more than six feet above ground level;
3. Water pumping and storage facilities operated as part of a system serving two or more properties as a public, private or community utility:
a. Subject to the requirements for accessory buildings in the zone in which located,
b. Provided a wall or hedge is used to screen the site,
c. Where a tower more than twenty feet in height is used in conjunction with such facilities, its center shall be located a distance from any lot line equal to not less than one-half its height;
4. Telephone, telegraph or power substations:
a. Any building housing such substation shall be in keeping with the character of the zone in which located,
b. A substation not enclosed within a building shall be subject to:
1) The minimum front and side yards of the zone in which located; and
2) Appropriate screen planting along any street frontage, which planting and any necessary fencing shall be set at a distance not closer to a street lot line than the minimum front and side yards of the zone;
5. Power substations with an input voltage of one hundred fifteen kilovolts or greater shall be subject to the following requirements:
a. Setback: That the facility, including walls or equipment, is located no closer than two hundred feet to any existing residential property line,
b. Screening:
1) That the facility include a ten-foot high wall in an earth tone and vegetative landscaping when contiguous to a residential zone,
2) Vegetative landscaping shall be located to preclude attracting athletic activities in the setback area,
c. Height: That the facility observe the height restriction of the zone in which located,
d. Notification: When the utility purchases land with the intent of constructing a power substation facility, the property must be posted stating that intent,
e. Noise emissions:
1) That the sound level emitted by the facility shall not exceed forty-five DBA at the property line,
2) That there shall not be any TVI (television interference) or RIV (radio interference) on a continuous basis,
f. The board of supervisors may waive the minimum requirements of Section 18.07.040(B)(5)(a) through (e), or impose more restrictive requirements at an advertised public hearing if the supervisors determine such an action is in the public interest,
g. Power substation permit issued by the supervisors after a public hearing:
1) Notice shall be given by mail to all owners of record within six hundred feet of the substation and by posting the substation site,
2) An applicant for a permit shall pay a fee in accordance with the development services fee schedule.
h. The supervisors may approve or deny an application and may impose reasonable conditions upon the issuance of a substation permit and shall consider the following factors:
1) Existing plans of the state, local government and private entities for other developments at or in the vicinity of the proposed site,
2) Fish, wildlife and plant life and associated forms of life upon which they are dependent,
3) Noise emission levels and interference with communication signals,
4) The proposed availability of the site to the public for recreational purposes, consistent with safety considerations and regulations,
5) Existing scenic areas, historic sites and structures or archaeological sites at or in the vicinity of the proposed site,
6) The total environment of the area,
7) The technical practicability of achieving a proposed objective and the previous experience with equipment and methods available for achieving a proposed objective,
8) The estimated cost of the facilities and site as proposed by the applicant and the estimated cost of alternative facilities and sites, recognizing that any significant increase in costs represents a potential increase in the cost of electric energy to the customers or the applicant,
9) Any additional factors which require consideration under applicable federal, state and Pima County laws,
10) The supervisors shall give special consideration to the safety and health of neighboring residents,
i. The requirements of Section 18.07.040(B)(5)(g) and (h) shall be eliminated on those sites which are considered by the Arizona Power Plant and Transmission Line Siting Committee when that committee contains adequate local representation. The determination of adequate local representation on the committee shall be made by the supervisors at a public hearing.
C. Clay, Sand or Gravel Pits, Rock or Stone Quarries, Gas or Petroleum Drilling Permitted. Clay, sand or gravel pits, rock or stone quarries and drilling for petroleum or natural gas may be permitted in any zone, except MU; provided, that said use is designed and located so as not to create any unusual hazard or nuisance in the immediate neighborhood of the proposed site of said use, and the zoning inspector is hereby authorized to issue a permit for said uses under the conditions set forth in Section 18.53.020(C) (CI-2 General Industrial Zone).
(Ord. 2011-2 § 3 (part), 2011; Ord. 2008-118 § 2, 2008; Ord. 2004-59 § 3, 2004; Ord. 1988-153 § 1 (part), 1988; Ord. 1985-117 § 1 (part), 1985; Ord. 1985-82 (part), 1985)
A. Individual Lot-size Reductions. The provisions for the lot reduction option (Section 18.09.050—General Residential and Rural Zoning Provisions) shall not affect the power of the board of adjustment to allow reduction of individual lot sizes on the standards provided in Section 18.93.030 (Board of Adjustment Variances, Temporary Use Permits and Interpretations).
B. Exceptions for Walls and Fences. The yard and setback requirements of this code shall not apply to perimeter walls, fences, pedestrian entry architectural features built into a wall or fence, or vehicular entry architectural features as follows:
1. Walls or fences seven feet or less in height and designed as security, privacy or screening elements of the site or lot; or
2. Walls or fences eight feet or less in height, located on the side or rear yard, on one acre lots or greater in size; or
3. Pedestrian entry architectural feature eleven feet or less in height; or
4. Vehicular entry architectural features twenty feet or less in height, on one acre lots or greater in size; or
5. Walls or fences of any type or dimension when required or permitted in accordance with Chapter 18.73, Landscaping, Buffering and Screening Standards.
The location and height of any wall or fence shall meet all applicable sight visibility standards and requirements.
C. Projections Into Yards.
1. Stairways, unroofed and unenclosed above or below floor or steps, must not project more than three feet into any minimum side or rear yard. Roof eaves or overhangs, shade structures, and roofed porches must not project more than three feet into any minimum front, side, or rear yard for main structures, main buildings, and guest houses provided drainage from roofs and shade structures does not fall onto adjacent property. The projection is measured from the face of the supporting structure or wall.
2. Open terraces not over three feet high above the average natural grade and distant at least five feet from every lot line, may project into any minimum side or rear yard.
3. In any business or industrial zone, a marquee, canopy or awning, suspended or cantilevered from a building, either for the purpose of, or for giving the appearance of shelter or shade, may project not more than ten feet into any minimum front yard.
D. Exception for Slope. Parking spaces or detached garages may be occupied or built to within five feet of the street line on any lot where:
1. The slope of the front half of the lot is greater than one-foot rise or fall in a seven-foot run from the established street elevation at the property line; or
2. The elevation of the front half of the lot is more than four feet above or below the established street elevation at the property line.
E. Front Yard Exceptions for Existing Alignment.
1. In any rural or residential zone: Where a lot adjoins lots having existing front yards less than the minimum required by this code, the minimum front yard on said lot shall be the average of the existing front yards on the two adjoining lots, or, if only one of the lots is built upon, such front yard shall be the average of the existing front yard of the adjoining lot and the minimum front yard of the zone, provided no such front yard shall be less than ten feet.
2. In any CB-1 or CB-2 zone: Where one or more buildings used for commercial or industrial purposes and located on interior lots have existing front yards less than the minimum required by this code, the minimum front yard required on all other lots within the same block front and not more than five hundred feet from said existing building need not be greater than the least front yard existing.
3. In any zone: Any property fronting or abutting on a turnaround at the end of a cul-de-sac, or a similar increased radii of the street property line at the angle in a street, the minimum front yard required shall be one-half of the front yard required in the particular zone.
F. Rear Yard Adjoining Alley.
1. A minimum rear yard may be measured to the centerline of an alley adjoining such rear yard; provided, that the required rear yard shall not be reduced more than ten feet.
2. In any CR-2 or denser residential zone where a ten-foot half right-of-way for an alley is provided, the first five feet of such half right-of-way multiplied by the width of any lot where it abuts on the alley may be included as part of the overall lot area for the purpose of meeting the minimum lot area requirements; provided, that the net rear yard is not less than seventeen feet.
G. Rear Yard Exception on Corner Lot. On any corner lot in a CR-3, CR-4, CR-5, TR or CB-1 zone, the minimum rear yard may be reduced to not less than ten feet from the rear property line, provided the minimum side yard on the side street is increased by ten feet and the off-street parking provisions of Chapter 18.75 (Off-Street Parking and Standards) are complied with.
H. Height Limit Exceptions. The height limits of this code shall not apply to:
1. Barns, chimneys, conveyors, cupolas, derricks, flagpoles, parapet walls extending not more than four feet above the height limit of the building, silos, smokestacks, power transmission towers, windmills, power transmission poles, and vegetated roof systems beginning at the height above the waterproof membrane including safety railings, enclosed access stairway or elevator with a minimum twenty-foot setback from roof edges, vegetative containers, and vegetation;
2. Churches, hospitals, sanatoriums, schools or other public and semi-public buildings. Any such building may be erected to a height not exceeding forty-four feet, provided the minimum side and rear yards are increased by an additional foot in width or depth for each foot by which the height of such building exceeds the maximum height permitted in the zone in which such building is to be located;
3. Bulkheads, elevator penthouses, monitors, scenery lofts and water tanks; provided, that:
a. Such structures above the height limits specified for the zone shall not in the aggregate occupy more than twenty-five percent of the area of the lot, and
b. No linear dimension of any such structure shall be greater than one-half of the length of the corresponding street lot line if the structure is within twenty-five feet of such street lot line;
4. Towers, restricted to fire and hose towers, cooling towers for industrial operations, gas holders, grain elevators, sugar refineries or other structures where the manufacturing process requires a great height; provided, that such structures above the height limit specified for the zone shall:
a. Not in the aggregate occupy more than twenty-five percent of the area of the lot,
b. Be a distance not less than twenty-five feet from every lot line not a street lot line, and
c. Be not less than one foot from the opposite side of each abutting street for each foot of the vertical height;
5. Natural convection towers except as provided in this subsection. A Type II conditional use permit shall be obtained for the tower and the proposed tower height must be approved by the board of supervisors at the conditional use public hearing. For the purpose of this paragraph, a "natural convection tower" means a chimney-like structure, which can be integrated with a main building and its HVAC (heating, ventilating and air conditioning) system, and uses natural convection to move air up or down the tower with the designed purpose and effect of cooling or heating the building with only limited, secondary use of fans or blowers. The following restrictions shall apply to such towers:
a. A minimum of seventy-five percent of the height of the tower must be used for the natural convection chimney effect,
b. A minimum of fifty percent of the cross-sectional area of the tower must be dedicated to airflow for the cooling operation,
c. The minimum setback of the tower from any scenic route shall be three feet of horizontal distance for every foot of vertical tower height, with the setback measured from the edge of the street right-of-way as designated on the Major Streets and Scenic Routes Plan;
d. The minimum setback of the tower from any property line shall be twenty-five feet, unless a greater building setback is required by the applicable zone, the Major Streets and Scenic Routes Plan, or subdivision (c) of this subsection.
(Ord. 2017-3 § 1 (part), 2017; Ord. 2013-42, § 3, 2013; Ord. 2008-70 § 3 (part), 2008; Ord. 2006-92 § 2 (part), 2006; Ord. 1996-58 § 4 (part), 1996; Ord. 1994-112 § 1 (part), 1994; Ord. 1988-89 § 1, 1988; Ord. 1985-188 § 1 (part), 1985; Ord. 1985-82 (part), 1985)
A. Accessory building adjacent to main building. When any portion of an accessory building is three feet or less from the main building, the accessory building shall comply in all respects with the development standards for the main building as if it were part of the main building.
B. Accessory building on corner lot.
1. On any corner lot an accessory building shall be not closer to the street side lot line than the width of the side yard required for the main building on that lot.
2. Where the rear of a corner lot adjoins a key lot, no part of an accessory building within ten feet of the rear lot line shall be nearer the street side lot line than the depth of the front yard required on the key lot.
C. Accessory structure height limits in Level II Protected Peak and Ridge areas. No accessory structure in a Level II Protected Peak and Ridge area may exceed the building height required by Level II Protected Peak and Ridge design standards.
D. Accessory building and accessory structures specifically regulated. When a specific type of accessory building or accessory structure is regulated by this code with development standards specific to that type of building or structure, those development standards supercede the general accessory building and accessory structure development standards for the zone in which the accessory building or accessory structure is located.
E. Exceptions for private aircraft hangars:
1. On lots zoned IR, RH, GR-1, SR, SR-2 or SH, the accessory structure size limitations shall not apply to private aircraft hangars that have recorded access to a private airport facility, ultra light facility, or general aviation strip.
(Ord. 2008-70 § 3 (part), 2008; Ord. 2006-92 § 2 (part), 2006; Ord. 2004-59 § 3 (part), 2004; Ord. 1988-188 § 1, 1988; Ord. 1985-82 (part), 1985)
A. Applicability. Front yard when the setback is not reduced to less than twenty feet, side and rear yard setbacks, distances between structures or buildings, or lot coverage limits by accessory structures or accessory buildings required by this code may be modified by the zoning inspector in accordance with the provisions below. The approval of a modification under this section does not waive or modify building code or fire code regulations.
B. Application. Requests for modification of setback requirements or lot coverage limits for accessory structures or accessory buildings shall be made on application forms provided by the development services department.
1. 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 sketch plan showing existing and proposed buildings and structures, access, parking, and distances from buildings and structures to property lines and to other buildings and structures,
e. An elevation drawing, if determined necessary by the zoning inspector, showing the existing and proposed building or structure,
f. A statement describing the ability and intent of the property owner to apply for necessary county permits within nine months of receiving approval of the modification of the setback requirements or lot coverage limits for accessory structures or accessory buildings, and
g. A statement describing how the proposal complies with the standards in subsection D of this section,
h. Any other information reasonably necessary to evaluate the application which is required by the zoning inspector,
i. Applicable fee: The board of adjustment standard base fee in accordance with the adopted fees schedule. No public hearing fee shall apply to a modification of setback requirements or lot coverage limits application.
C. Notice to owners of affected properties.
1. Mailed notice including a sketch plan shall be sent to:
a. Property owners adjacent to the applicant's property,
b. Property owners within one hundred feet of the applicant's property line but separated by a public or private road or private common area, and
c. Property owners determined by the zoning inspector to be affected by the request.
2. The zoning inspector may waive the giving of notice if the applicant submits written consents to the modification signed by all owners of affected property as defined in paragraph 1 above.
D. Standards. The zoning inspector shall grant a modification of the setback requirements or lot coverage limits for accessory structures or accessory buildings only after a finding is made that the following standards have been met:
1. The reduced setback or increased lot coverage by accessory structures or accessory buildings will not substantially reduce the amount of privacy that would be enjoyed by nearby residences;
2. Significant views of prominent land forms, unusual stands of vegetation, or parks from nearby properties will not be obstructed any more than would occur if the setback was not modified or if the lot coverage limits for accessory structures or accessory buildings were maintained;
3. Traffic visibility on adjoining streets will not be adversely affected;
4. Drainage from proposed buildings and structures will not adversely affect adjoining properties and public rights-of-way;
5. Proposed buildings and structures will not interfere with the optimum air temperature/solar radiation orientation of buildings on adjoining properties;
6. The location or lot coverage of proposed buildings and structures, and the activities to be conducted therein, will not impose objectionable noise levels or odors on adjoining properties.
E. Action by the Zoning Inspector.
1. The zoning inspector shall review all the submitted information and provide a written response to the petitioner of the action.
2. The response shall state the reasons for the decision if the request is denied.
3. If granted, building permits may be issued for the building or structure and shall be in accordance with Section 18.93.050(A) and (B).
F. Appeals or Referral to the Board of Adjustment.
1. The applicant may elect to file directly to the board of adjustment for a variance.
2. The applicant may appeal the decision of the zoning inspector to the board of adjustment and be heard in accordance with Section 18.93.030.
3. If a protest to a setback modification or a modification to lot coverage limits for accessory structures or accessory buildings is submitted in writing within fifteen days of the date of the mailing of notice by an owner of affected property as defined in this section, the zoning inspector shall refer the application to the board of adjustment to be heard in accordance with Section 18.93.030. Protests may be based only upon characteristics of the development that would not be allowed by the zoning code without the modification.
4. The zoning inspector may refer an application to the board of adjustment to be heard in accordance with Section 18.93.030.
G. Specific Plans. The modification of setback requirements and lot coverage limits processes may be applied to specific plan development standards subject to the requirements of Section 18.07.070(A) through (F) and the following:
1. Modification of the development standard does not meet the definition of a substantial change as defined in Section 18.90.080(C);
2. The development standard is not a specific plan ordinance condition;
3. A request to waive a subdivision plat note may also be required if the development standard is stated on a subdivision plat for reasons other than for convenient reference during staff review;
4. Each application shall apply for an individual lot or parcel or, at most, to two contiguous lots or parcels.
(Ord. 2017-3 § 1 (part), 2017; Ord. 2011-2 § 3 (part), 2011; Ord. 2008-70 § 3 (part), 2008; Ord. 1991-32 § 1, 1991)
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