18.09.030 Home occupations.

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

a. Single detached or one-family dwelling;

b. Accessory building or use;

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

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

e. Public park;

f. Public school;

g. Parochial and private schools are permitted subject to the following development standards:

1) Conditional use permit:

Parochial and private schools

Type I permit

2) Minimum site area: Five acres in all zoning districts except in the TR and MU zoning district, in which the minimum site area is one acre.

3) Maximum student population density: Fifty-five students per acre.

4) Maximum site coverage: Thirty percent of the site.

5) Minimum setback for playgrounds or athletic fields: One hundred feet from all property lines.

6) Screening and buffering: Bufferyard "D" along all property lines.

7) All driveways shall be dust proofed.

8) All outdoor lighting used in conjunction with the school use shall be in accordance with the county outdoor lighting code (Title 15).

9) All lighting for outdoor recreational areas shall cease no later than ten p.m.

10) As required by state statute, A.R.S. Section 15-189.01, an application for a charter school shall receive final determination from the county within ninety days of the beginning of the process.

11) Schools should be located as close as possible to residential areas. All schools should be built on site in a manner that promotes safe routes or similar pedestrian and bicycle oriented design.

h. Charter Schools:

1) On vacant lots or on lots with a single family residence greater than one acre or larger.

2) Charter schools on lots less than one acre with a single family residence require a Type I conditional use permit.

2. Exceptions. TH zone: All uses listed in subsection (A)(1) of this section are prohibited.

B. Parking of Unoccupied Trailers.

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

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

C. Requirements for Townhouses and Condominiums.

1. Townhouse developments shall be subject to covenants, conditions, and restrictions which shall, among other things, provide for the establishment of a homeowner's association which shall be responsible for the maintenance of building exteriors, landscaping, and common areas.

2. Condominium developments shall be subject to the formation of a unit owner's association pursuant to A.R.S. Section 33-1241 et seq., which shall, among other things, provide for the maintenance of building exteriors, landscaping, and common areas.

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

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

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

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

E. Group Homes.

1. Scope: Group homes shall be permitted in the RH, GR-1, ML, SR, SR-2, SH, CR-1, CR-2, CR-3, CR-4, CR-5, CMH-2, MU, TR and CMH-1 zones, subject to issuance of a use permit by the zoning inspector showing compliance with the requirements of this subsection;

2. Requirements:

a. The establishment must be licensed to operate as a group home by the state of Arizona;

b. The establishment must obtain a certificate of occupancy if required by county building codes.

F. Operative Builder's Yard Provisions.

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

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

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

G. Guest House.

1. Shall be permitted on any residential or rural lot which has a minimum lot size of four thousand square feet;

2. Permitted coverage: In accordance with accessory building standards

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

4. Minimum yard requirements:

a. Front, side and rear: In accordance with accessory building standards of the appropriate zone;

b. Distance to main structures: Three feet

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

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

H. Child Care Center.

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

2. Requirements:

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

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

c. Hours of operation shall be between six a.m. to nine p.m.,

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

I. Assisted Living Home.

1. License: That the establishment is licensed to operate as an assisted living home by the state of Arizona.

2. Gross floor area: An assisted living home shall have a minimum gross floor area of two thousand square feet for six to ten residents.

3. Compliance review:

a. An assisted living home shall obtain a certificate of occupancy if required by county building codes.

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

J. Secondary Dwelling.

1. Application: In RH and GR-1 zones, a property owner may apply for a permit to allow a secondary dwelling for the use of an ill, handicapped, or elderly person in need of special care or supervision, or a care provider for such person, if the ill, handicapped or elderly person is the owner or resident of the main dwelling or a relative of the owner or resident of the main dwelling. The application shall include:

a. Legal description,

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

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

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

e. The names of persons who will occupy the secondary dwelling and a statement signed by a physician that special care or supervision is required by the ill, handicapped or elderly relative,

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

g. A fee per subsection (J)(7) of this section.

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

a. Property owner shall provide a statement signed by the physician of the ill, handicapped, or elderly relative stating that special care or supervision is required by the affected person,

b. Only one secondary dwelling per lot is permitted,

c. Secondary dwelling shall meet the minimum setback requirements prescribed in the development standards—general of the property's zoning classification,

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

e. The owner shall record a covenant running with the land stating that the secondary dwelling unit shall be removed from the property within ninety days of the date the secondary dwelling is no longer occupied by the person specified in the secondary dwelling permit, and

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

3. Additional conditions: The zoning inspector may attach additional conditions to the permits to mitigate possible adverse effects to surround properties.

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

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

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

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

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

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

7. Fee: The fee shall be in accordance with the standard fee for variances as specified in the board of adjustment filing fee of the development services fee schedule.

K. Factory-built (modular) buildings. Except as otherwise restricted by this code, residential factory-built buildings are permitted in all zones in which residential uses are permitted, except as follows:

1. Factory-built residential buildings are permitted in the SR, SR-2, CR-1, CR-2, CR-3, CR-4, CR-5, TR, ML, SP, CB-1 and CB-2 zones, subject to the following standards:

a. The building shall not be designed to be moved once installed on the foundation.

b. The building shall be designed only for installation on a site-built permanent foundation.

c. The permanent foundation shall be constructed prior to placement of the building on the site, and inspected and approved by the county for compliance with this section.

2. Within the SR, SR-2, CR-1 and CR-2 zones, a factory built building, other than a caretaker's unit used in conjunction with a nonresidential use, shall not be used for residential purposes, unless the building is located within a subdivision approved after a public hearing by the board of supervisors for modular building development. Notice of hearing shall be sent by mail to all owners of record within three hundred feet of the exterior boundaries of the proposed subdivision, or, in the case of an existing subdivision, to all owners of record within the subdivision and within three hundred feet of the exterior boundaries of the subdivision.

L. Bed and breakfast establishments.

1. Bed and breakfast establishments are permitted in the TR, CB-1 and CB-2 zones and as a conditional use in the RVC zone and all rural and residential zones.

a. Mailed written notice shall be sent to all property owners within one thousand feet of the proposed use when a conditional use permit is required.

b. The hearing administrator shall approve the floor plan and site plan for the bed and breakfast establishment to be in compliance with the standards in subsection L of this section. A development plan in accordance with Chapter 18.71 is not required.

2. There shall be no alteration to the exterior residential appearance of the dwelling and subject property, including the creation of separate or exclusive business entrances.

3. Bed and breakfast establishments containing up to four guest bedrooms shall require a Type I conditional use permit in all rural and residential zones. Bed and breakfast establishments containing five to eight guest bedrooms shall require a Type II conditional use permit in all rural and residential zones.

4. There shall be two off-street parking spaces for permanent residents and one space per guest room. An additional parking space shall be provided if the bed and breakfast establishment has a non-resident employee. Spaces within garages and carports shall be counted toward the total number of spaces. All guest parking shall be screened from view from any adjacent properties by natural features, landscaping, fencing, or walls no more than six feet in height.

5. Not more than one full-time equivalent nonresident of the premises shall be employed in the bed and breakfast establishment use in addition to typical household contract labor.

6. Bed and breakfast establishments shall be located a minimum of twelve hundred feet apart as measured between the closest points of each property.

7. No social activities such as receptions, weddings, private parties, retreats or other similar events shall be held at bed and breakfast establishments for attendance by anyone other than overnight guests.

8. One free standing identification sign shall be permitted on the property. The sign area shall not exceed two square feet and the sign structure shall not exceed four feet in height.

9. Bed and breakfast establishments permitted as a home occupation prior to the adoption of this ordinance shall be legal nonconforming uses.

10. Except in the CB-1, CB-2, TR, RVC and ML zones, bed and breakfast establishments shall have a minimum lot size of one acre.

M. Wildlife Rehabilitation Facilities.

1. Scope: Wildlife rehabilitation facilities are permitted in any zone.

2. Requirements:

a. The facility must be operated, maintained, and under the direct supervision of an individual who possesses a valid license from the state of Arizona to operate a wildlife rehabilitation facility or to operate a facility to hold wildlife for purposes of education, scientific or humane treatment when the animal is unable to meet its own needs in the wild.

b. The facility must be in compliance with the development standards of the zone in which the facility is located.

N. Animal Rescue and Sanctuary Facilities.

1. Scope:

a. Animal rescue and sanctuary facilities are allowed as conditional uses in the following zones: IR, RH, GR-1, SR, SR-2, SH, CR-1, CR-2, and MU. MU facilities shall be limited to dogs, cats and small household pets.

b. Animal rescue and sanctuary facilities are allowed as a permitted use in CI-1 and CI-2. CI-1 and CI-2 facilities shall be limited to dogs, cats and small household pets.

2. Requirements:

a. Facilities in the IR, RH, GR-1, SR, SR-2, SH, CR-1 and CR-2 zones must obtain a Type I conditional use permit in accordance with Chapter 18.97.

1) With the exception of animal limits under the applicable zoning district altered by the hearing administrator, the facility must be in compliance with the development standards of the zone in which the facility is located, or obtain approval for a variance or modification of setback requirements prior to submittal of the conditional use permit application.

2) A site plan shall be submitted which clearly depicts how the development standards will be met. A site plan of approximately 24 × 36 should be drawn at a standard engineering scale and show, at a minimum, the following information:

a) All existing and proposed structures on the property;

b) All animal housing, exercise, training and containment areas;

c) Setback distances for existing and proposed structures in the front, side and rear yards;

d) Animal waste handling and storage areas.

e) Any screening or buffering from adjacent properties.

A development plan in accordance with Chapter 18.71 is not required for the Type I conditional use permit.

3) The applicant is required to provide information that is sufficient for the hearing administrator to evaluate the following:

a) Type and number of animals proposed. The hearing administrator has the authority to: (i) set a limit on the number of animals cared for at the facility; and (ii) approve reasonable exceedances in the number of animals allowed under the applicable zoning district after considering the proposal in its entirety, its effect on surrounding land uses, and compliance with other sections of the Pima County Code, including Title 6, "Animals."

b) Any known space requirements and care standards for the type of animal(s) to be cared for on the property.

c) Possession of, or plans to acquire, accreditation or certification.

d) Facility operating procedures, including hours and staffing.

e) A disposal plan for animal waste that describes how waste will be handled, stored, and disposed of for the maximum number of animals at the facility. The plan shall include (i) frequency of animal habitat cleaning; (ii) methods of waste containment; (iii) storage capacity; (iv) odor control; (v) vector control; (vi) drainage protection; (vii) disposal method; and (viii) disposal frequency.

f) Size of the property.

g) Existing land uses within the required hearing notification area.

h) Potential impacts to surrounding areas (e.g., noise and odor).

i) Procedures and measures that will be employed to mitigate potential impacts.

j) Information about other land uses on the property, including all animal-related uses.

k) Any other information that the hearing administrator determines necessary for evaluating the application in relation to Pima County Code requirements.

b. Facilities in the MU zone must obtain a conditional use permit in accordance with Chapter 18.37. Applications shall include the information required in subsection 18.09.020(N)(3) above.

c. Facilities in the CI-1 and CI-2 zones must obtain approval for a development plan in accordance with Chapter 18.71. Development plan submittals shall include the information required in subsection 18.09.020(N)(3) above.

3. Eligibility:

a. Any person who has been convicted of animal abuse, cruelty, neglect or abandonment, whether as a misdemeanor or felony, is prohibited from owning or operating an animal rescue and sanctuary facility.

b. To demonstrate eligibility to obtain a conditional use permit or development plan approval for an animal rescue or sanctuary facility, owners and operators must submit a notarized affidavit certifying that they have no misdemeanor or felony convictions for animal abuse, cruelty, neglect or abandonment.

4. Recordation of Conditional Use Approval. The applicant shall record the conditional use approval document with the county recorder and provide proof of such recordation prior to the issuance of the conditional use permit.

5. Change of Ownership or Operation:

a. A conditional use permit or development plan approval for an animal rescue and sanctuary facility shall continue to be valid upon a change of ownership or operation provided that the new owners and operators successfully demonstrate that they meet the eligibility requirements of subsection 18.09.020(N)(3). Prior to continuing the use of the premises as an animal rescue and sanctuary facility, the new owners and operators must provide a notarized affidavit to the chief zoning inspector certifying that they have no misdemeanor or felony convictions for animal abuse, cruelty, neglect or abandonment. If a new owner or operator does not meet the eligibility requirements of subsection 18.09.020(N)(3), the conditional use permit or development plan approval for the Animal Rescue and Sanctuary Facility shall become null and void.

O. Combined Wildlife Rehabilitation/Animal Rescue and Sanctuary Facilities. Should any premises operate as both a wildlife rehabilitation facility and an animal rescue and sanctuary facility, the requirements of 18.09.020(N) apply to the extent that care is provided for domestic animal(s) and/or any other animal(s) not under the jurisdiction of the Arizona Game and Fish Department.

P. Home Auto Repair.

1. Non-commercial home auto repair of motor vehicles is permitted in TH, RH, GR-1, SR, SR-2, SH, CR-1, CR-2, CR-3, CR-4, CR-5, TR, CMH-1, CMH-2, and MU zones as an accessory use to a dwelling unit provided that the vehicle being repaired belongs to the resident of the dwelling unit and further provided that the vehicle and property are in compliance with this section.

2. No more than one unscreened, inoperable motor vehicle can be stored on a lot containing less than eight thousand square feet of lot area.

3. No more than two unscreened, inoperable motor vehicles can be stored on a lot containing more than eight thousand square feet of lot area.

4. An unscreened, inoperable motor vehicle may be stored for a period of time not to exceed sixty calendar days.

5. Inoperable motor vehicles stored longer than one period of sixty calendar days shall be screened by either mature vegetation as defined below or screened by a built or assembled self-supporting enclosure which has no openings through which a spherical object of one inch in diameter can pass. The screening must effectively block the view of the stored objects from an observer at adjacent grade five feet from the enclosure. For the purposes of this section an enclosure or screen must meet one or more of the following requirements:

a. Be any mature non-deciduous vegetation.

b. Be a built or assembled self-supporting structural screen or fence that is maintained and that is composed of one or more of the following materials:

i. Slatted materials through which a one-inch sphere cannot pass, including: ocotillo, chain link with wood, metal or plastic slats, wood fencing, or metal fencing.

ii. Masonry, rock or other material that would comply with Pima County building codes for fences over six feet in height.

c. Tarps, hardware cloth, expanded metal, car covers, tires, or vehicle parts are not permitted as fence or screening materials.

6. Any motor vehicle fully enclosed within a garage is exempt from the requirements of this section.

7. Any motor vehicle subject to the provisions in Section 18.09.020(P) or (Q) shall remain locked or shall be rendered incapable of being locked.

8. Screened inoperable motor vehicles may be kept on a property in addition to the two hundred square feet of allowed open storage, notwithstanding Section 18.03.020(J)(1) provided that the following requirements have been met:

a. The parcel is larger than one acre in size;

b. No more than two screened inoperable motor vehicles may be kept per acre;

c. No more than five screened inoperable motor vehicles are kept on any property regardless of its size.

Q. Open Storage.

1. The use of up to two hundred square feet of area of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap or used materials, or for the dismantling, demolition, abandonment of automobiles, inoperable motor vehicles or other motor vehicles or machines or parts thereof; provided that the items are screened as defined in this section by an enclosure that has no openings through which a spherical object of one inch in diameter can pass. The screening must effectively block the view of the stored objects from an observer at adjacent grade five feet from the enclosure.

2. For the purposes of this section an enclosure or screen must meet one or more of the following requirements:

a. Be any mature non-deciduous vegetation.

b. Be a built or assembled self supporting structural screen or fence that is maintained and that is composed of one or more of the following materials:

i. Slatted materials through which a one-inch sphere cannot pass, including: ocotillo, chain link with wood, metal or plastic slats, wood fencing, or metal fencing.

ii. Masonry, rock or other material that would comply with Pima County building codes for fences over six feet in height.

c. Tarps, hardware cloth, expanded metal, car covers, tires, or vehicle parts are not permitted as fence or screening materials.

R. Adaptive Reuse.

1. Purpose. Adaptive Reuse allows the reuse of a one-family dwelling located on a lot abutting a major street, as designated on the major streets and scenic routes plan, while:

a. Protecting existing neighborhoods through the provision of low intensity uses as buffers between neighborhoods and major streets;

b. Preserving the residential aesthetic along major streets; and

c. Allowing, but not requiring, the continued one-family dwelling use in conjunction with the adaptive reuse.

2. Adaptive Reuse is permitted on any lot in all rural and residential zones abutting a major street, as designated on the major streets and scenic routes plan, as a Type I conditional use.

3. Development Standards.

a. One-family dwelling located on a lot abutting a major street, as designated on the major streets and scenic routes plan.

b. Minimum lot size: Thirty-six thousand square feet.

c. Parking.

i. Parking is limited to no more than six spaces;

ii. All parking in conjunction with the use must be on the lot;

iii. Parking spaces must retain a residential character and shall not include wheel stops, paving, parking lanes or striping;

iv. No more than one commercial vehicle is permitted in conjunction with the use. Any commercial vehicle must comply with home occupation vehicle standards in Section 18.09.030.

d. Notwithstanding any other provision of this title, one unlit, non-illuminated sign is permitted if the maximum sign area does not exceed four square feet and the maximum sign height does not exceed four feet. Any sign must be monument style.

4. Conditions.

a. The adaptive reuse shall not cause any sustained, unpleasant, or unusual noises or vibrations, or noxious fumes or odors, or cause any traffic congestion in the immediate neighborhood.

b. The residential character of the existing one-family dwelling and property shall not be changed by the adaptive reuse.

c. Substantial remodeling of the existing one-family dwelling and accessory structures are prohibited unless it is in keeping with the existing residential architecture of the existing one-family dwelling.

d. Removal of existing vegetation is not permitted unless removal is necessary for safety or general maintenance. Existing vegetation may be enhanced with drought tolerant vegetation.

e. Equipment or material associated with the adaptive reuse must be stored in compliance with requirements for the zone and in a way that maintains the residential aesthetic of the property.

f. The hearing administrator may impose limitations on business and delivery hours of operation.

g. The hearing administrator may require submittal of a development plan.

5. Adaptive Reuse Review Procedure.

a. Adaptive reuse requires a Type I conditional use permit, obtained in accordance with Chapter 18.97.

b. Submittal of a development plan in accordance with Chapter 18.71 is not required for the adaptive reuse unless it is required as a condition by the hearing administrator.

c. Compliance Certification. From the issuance of certificate of occupancy, every three years thereafter, the applicant must send a certification demonstrating that the terms of the conditional use permit are being complied with to the chief zoning inspector. The chief zoning inspector may revoke the adaptive reuse conditional use permit if a timely compliance certification is not received, or if there is evidence that the applicant is not in compliance with the terms of the conditional use permit.

S. Animal Shade Structure. An animal shade structure or shelter under two hundred square feet completely located in a corral is subject to the same setback as a corral located in that zone provided that the shade structure be located as far as possible within the corral from the neighboring properties.

T. Food Access.

1. Keeping chickens in the TH, CR-4, CR-5, CMH-1, CMH-2, and MU zones:

a. Keeping female chickens to provide eggs for personal food production is permitted in conjunction with a permitted residential use in the TH, CR-4, CR-5, CMH-1, CMH-2, and MU zones,

b. Cockerels and roosters are not permitted,

c. The number of chickens permitted shall not exceed the following:

i. One-family dwelling lots or manufactured home dwelling unit area of six thousand square feet and greater in area: Eight female chickens per dwelling unit; or,

ii. One-family dwelling lots or manufactured home dwelling unit area of less than six thousand square feet in area, or duplex or multiple dwelling property: Four female chickens per dwelling unit,

d. The numbers of chickens may be increased by half the number permitted upon the submittal of a written recorded agreement of the adjacent property owners abutting side and rear yards,

e. Any structures used to shelter chickens are prohibited in front yards, but allowed in other perimeter yards under the accessory building and structure development standards for that zone. Requests to increase lot coverage or reduce setbacks for accessory structures for chickens may be made through the modification of setback requirements or lot coverage limits process (Section 18.07.070).

2. Community food pantries shall be permitted in the following zones:

a. Type I conditional use permit in accordance with Chapter 18.97 in the RH, GR-1 and SH zones;

b. Permitted use in the TR zone;

c. Permitted use under the MU special use permit in the MU zone.

(Ord. 2023-19 § 1, 2023; Ord. 2019-5 § 2, 2019; Ord. 2017-36 § 1, 2017; Ord. 2012-71 § 2, 2013; Ord. 2012-22 § 2, 4-17-12; Ord. 2011-60 § 2, 2011; Ord. 2011-2 § 4 (part), 2011; Ord. 2009-98 § 2 (part), 2009; Ord. 2009-70 § 2, 2009; Ord. 2008-70 § 4, 2008; Ord. 2007-81 § 2, 2007; Ord. 2007-3 § 2, 2007; Ord. 2005-1 § 1, 2005; Ord. 2004-59 § 4 (part), 2004; Ord. 2003-85 § 2, 2003; Ord. 2003-72 § 1, 2003; Ord. 2003-42 § 2 (part), 2003; Ord. 1999-78 § 3, 1999; Ord. 1998-36 § 2, 1998; Ord. 1994-147 § 3 (part), 1994; Ord. 1991-46 § 1, 1991; Ord. 1991-33 § 1 (part), 1991; Ord. 1990-11 § 1 (part), 1990; Ord. 1989-1 § 1 (part), 1989; Ord. 1986-125 § 1 (part), 1986; Ord. 1986-43 § 1 (part), 1986; Ord. 1985-187 § 1 (part), 1985; Ord. 1985-82 (part), 1985)

18.09.030 Home occupations.

A. General Standards. Home occupations are permitted so long as they meet the following standards:

1. A home occupation permit is required to be obtained from the chief zoning inspector:

a. The home occupation permit shall apply only to a full time occupant of the dwelling.

b. If there is a change in use, a new home occupation permit shall be required.

2. The home occupation must be conducted and visible only from within a dwelling or an accessory building of not more than two hundred square feet.

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

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

5. Not more than one-fourth of the floor area and one story of the main dwelling or an accessory building of not more than two hundred square feet in area shall be used for the home occupation.

6. No equipment or material associated with the home occupation shall be stored outdoors.

7. Any new structure or proposed changes to an existing structure used in conjunction with the home occupation must be in keeping with the residential character of the dwelling.

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

9. All parking used in conjunction with the home occupation shall be on site and shall not include commercial parking features such as wheel stops, parking lanes or striping.

10. No more than one vehicle shall be used in conjunction with the home occupation. This vehicle shall not exceed eighteen feet in overall length and seven feet in overall height and must be parked on the private property. If the vehicle displays any advertising or other indication of the home occupation or any product or service, it shall be stored in a carport or garage, or shielded from view from any adjoining properties and the street by landscaping, fencing or any other suitable material.

11. Home occupations shall not provide overnight accommodations.

12. Home occupations shall serve no more than five clients (including deliveries) in one day and no more than two clients at any one time.

13. In accordance with Section 18.79.070(A).

14. The following uses shall not be permitted as home occupations:

a. Auto repair and service.

b. Veterinarian service, kennels, and pet grooming.

c. Commercial food preparation.

d. Mortuary or embalming service.

e. Tattoo parlor.

f. Welding service.

g. Any commercial use not customarily associated with home occupations as a secondary use.

B. Child care home service and adult care home service conditions. A child care home service or adult care home service shall meet all of the conditions of subsection A of this section, except as modified as follows:

1. Child care home services or adult care home services shall be provided for no more than ten persons.

2. During the hours of activity of the child care or adult care use, the total amount of floor area of the dwelling and outdoor areas and equipment may be devoted to the use.

3. No more than two vehicles may be used in conjunction with the use. The vehicles must meet the requirements for a vehicle used in conjunction with a home occupation use.

4. For services providing care and supervision for seven to ten persons, or when additional employees up to a maximum of four, beyond the one allowed under Section 18.09.030(A) are required, the following additional requirements shall be met:

a. The applicant shall apply to the office of the zoning inspector for approval.

b. The application shall include the following:

1) Signature of the property owners of record or the authorized agent of the owner,

2) A letter of authorization if the property owner is represented by an agent,

3) Legal description of the property,

4) Site plan,

5) Proposed hours of operation of the home service,

6) County assessor's map showing the property and all properties within three hundred feet,

7) Verification of ownership,

8) Fee, in accordance with the standard fee for hearings before the board of adjustment.

c. The area where outdoor activities and equipment will be located shall be shown on the site plan submitted with the application. If this area is less than twenty-five feet from an adjacent residential use, it shall be screened by an opaque five-foot fence or wall.

d. No more than one child or adult care home service shall be permitted per lot.

e. If the zoning inspector determines that the application meets both the general home occupation and the specific home service requirements of this section, the zoning inspector shall send notice of the intent to issue the use permit for the proposed use to property owners within three hundred feet of the subject property.

f. If written protest is received within fifteen days of the date of mailing the notice, the application shall be heard by the board of adjustment to determine whether the application meets all requirements for a home service.

g. The zoning inspector may issue the permit fifteen days after the date of mailing the notice, if no written protest is received.

h. Upon receipt of a license, or certification from the state of Arizona, a copy of the license or certification shall be provided to the zoning inspector. The child care or adult care provider shall comply with the state of Arizona licensing or certification requirements and provide proof of compliance to Pima County at or before the time of completing the zoning approval process.

(Ord. 2020-41, § 1, 2020; Ord. 2016-21, § 2, 2016; Ord. 2011-59 § 2, 2011; Ord. 2004-59 § 4 (part), 2004; Ord. 2003-42 § 2 (part), 2003; Ord. 1997-74 § 2, 1997; Ord. 1988-78 § 1 (part), 1988; Ord. 1985-82 (part), 1985)

18.09.040 Cluster development option.

A. Purpose.

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

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

b. Protection of natural, historic and man-made elements of scenic, environmental or cultural significance;

c. Design innovation;

d. Flexibility in the siting of structures and roadways;

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

f. Additional open space for private or community purposes;

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

h. A preferred planning tool for the development of land within the buffer overlay zone, Chapter 18.67.

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

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

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

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

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

5. Public open space: Open space owned by a public agency, such as Pima County, and maintained by it for the use and enjoyment of the general public.

6. Review committee: Review committee means design review committee (refer to Section 18.99.030, DRC).

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

1. RH: Refer also to Section 18.13.070 (RH rural homestead zone);

2. GR-1: Refer also to Section 18.14.060 (GR-1 rural residential zone);

3. ML: Refer also to Section 18.15.060 (ML mount lemmon zone);

4. SR: Refer also to Section 18.17.060 (SR Suburban Ranch Zone);

5. SR-2: Refer also to Section 18.18.050 (SR-2 suburban ranch estate zone);

6. SH: Refer also to Section 18.19.050 (SH suburban homestead zone);

7. CR-1: Refer also to Section 18.21.050 (CR-1 single residence zone);

8. CR-2: Refer also to Section 18.23.050 (CR-2 single residence zone);

9. CR-3: Refer also to 18.25.050 (CR-3 single residence zone);

10. CMH-1: Refer also to Section 18.33.060 (CMH-1 county manufactured and mobile home—1 zone).

D. Permitted uses and accessory structures.

1. Uses:

a. Residential subdivided lots and units, as permitted in the zones listed in Section 18.09.040(C),

b. Cluster open space, as defined in Section 18.09.040(B);

2. Accessory buildings and structures:

a. In individual, subdivided lots:

1) Permitted coverage: Ten percent of lot area,

2) Maximum height: Fifteen feet,

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

b. In functional open space areas:

1) Permitted coverage: Three percent of required area,

2) Maximum height: Thirty-four feet,

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

E. Development standards.

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

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

a. ML/CR-1/GR-1: Thirty-six thousand square feet;

b. SR: One hundred forty-four thousand square feet;

c. SH: Eighteen thousand square feet;

d. SR-2: Seventy-two thousand square feet;

e. CR-2: Sixteen thousand square feet;

f. CMH-1: Eight thousand square feet;

g. CR-3: Eight thousand square feet;

h. RH: One hundred eighty thousand square feet.

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

a. Sewered lots: No minimum lot size, as may be approved by the review committee.

4. Minimum setback requirements: As may be approved by the review committee, consistent with the requirements of major streets and scenic routes plan and the Arizona Department of Health Services.

5. Maximum height: Thirty-four feet.

6. Minimum distance between buildings: As may be approved by the review committee.

7. Minimum distance between cluster groupings: As may be approved by the review committee.

8. Cluster groupings:

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

b. Cluster groupings shall be separated by cluster open space to provide spatial definition between groupings, and shall be as approved by the review committee.

9. Utilities:

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

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

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

11. Roads: All streets and highways must have horizontal and vertical alignment consistent with an approved design speed, and roadway geometrics consistent with an approved design vehicle, as specified in criteria available from the department of transportation and flood control district.

12. Landscaping: In accordance with Chapter 18.73 (Landscaping Standards).

13. Buffers:

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

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

14. Exterior lighting: Any lights used to illuminate parking spaces, drives and recreation facilities shall be in accordance with the county outdoor lighting code (Title 15).

F. Open space requirements.

1. Cluster open space area and ratio requirements: Cluster open space shall comprise at least thirty percent of the gross site area and be equal to or greater than the difference between the total area of the residential lots to be subdivided and the required average site area per dwelling unit total in the applicable zone.

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

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

b. By a homeowner's association, as specified in this section; or

c. By Pima County, as legally dedicated to and approved by the board of supervisors.

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

4. Natural open space adjacent to public parks, preserves or county-maintained stream channels may be deeded to Pima County as public open space, if approved by the board of supervisors.

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

6. Phased developments shall provide cluster open space for each phase, so that each phase may stand alone in conformance with Section 18.09.040(K).

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

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

G. Cluster development plan requirements.

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

2. The development plan for cluster review shall include:

a. A site analysis, in accordance with county "Site Analysis Requirements" document, Section IV, A through L;

b. A preliminary development plan, in accordance with Section 18.91.030(E) (Zoning Code Amendments and Zone Changes);

c. An evaluation of the effect of the proposed development, in accordance with county "Site Analysis Requirements" document, Section V, B through P;

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

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

f. Landscape plan, in accordance with Section 18.73.030 (Landscaping Standards); and

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

H. Review committee. Proposed plans in a cluster development shall be reviewed by the design review committee (refer to Section 18.99.030, DR).

I. Cluster development review procedures.

1. Preliminary review:

a. Preliminary review by the development services department is required for all proposals prior to the submittal of a cluster development plan. The preliminary review procedures shall be as listed in the cluster development checklist in accordance with Section 18.09.040(G).

b. The developer shall consult with other agencies and parties potentially interested in the development, such as other county departments, all affected utility companies, and homeowners' and neighborhood associations, and property owners within the notice area as required by Section 18.09.040(I)(4)(a).

2. Submittal: Application for cluster development plan review shall be subject to the procedures and requirements listed in the checklist prepared by the development services department and submitted in writing together with required fees to the development services department, along with the required number of copies of the plan, as prepared in accordance with Section 18.09.040(G).

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

a. If accepted, copies of the plan shall be transmitted to appropriate county staff for review and comment. The plan shall be scheduled for the next regularly scheduled review committee meeting that is scheduled to occur at least thirty days after the date of acceptance. Notice of the public hearing shall be provided as required in this section.

b. If rejected, the developer may:

1) Resubmit the plan with the appropriate corrections and development services department staff shall, in writing, either accept or reject the plan for further review within thirty days of plan submittal; or

2) Appeal to the review committee at a regularly scheduled meeting. The review committee may then either accept or reject the resubmitted plan for review at a future meeting.

4. Review Committee notice and hearing:

a. Notice of the review committee hearing shall be mailed, at least fifteen days prior to the meeting, to owners of property within three hundred feet of the applicant's property line, except that notice shall be expanded to include owners of property within 1,000 feet if the existing zoning of the applicant's property is RH, SR, SR-2, GR-1 or CR-1. In addition, notice shall be sent to any affected neighborhood association and to any affected homeowners' association, as defined by section 18.99.020(A)(1). Notice shall also be provided at least fifteen days prior to the meeting by publication once in a newspaper of general circulation in the county seat.

b. The review committee shall hold a public hearing on the request.

5. Review committee decision:

a. The review committee shall review the cluster development plan for conformance with the purpose and requirements of this section and of this code, and refer to design guidelines and standards contained in the cluster design review manual. In acting on a proposed cluster plan, the review committee shall give particular consideration to the following criteria:

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

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

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

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

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

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

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

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

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

b. The review committee may deny the proposed project design; or approve the proposed project design, or approve the proposed project design with conditions; or continue the hearing until a future meeting pending submittal of additional information.

c. If the review committee approves the cluster development plan with conditions the design review committee shall specify the general conditions and revisions that shall be met before the plan can be approved.

d. If approved without modification, the developer shall comply with Chapter 18.69 (Subdivision Standards) and submit the required documents and fees to the development services department subdivision coordinator.

e. If approved subject to modification, the developer may:

1) Submit the revised plan to the development services department for final compliance review; or

2) Appeal any review committee requirements in accordance with Section 18.09.040(I)(6).

f. If the plan approved by the review committee constitutes a substantial change from a preliminary development plan previously approved by the board of supervisors, the following applies:

1) The planning director shall schedule a duly noticed public hearing at which the board of supervisors shall be requested to consider the cluster development option plan in lieu of the previously approved preliminary development plan.

2) The request shall be at the fee established by the board of supervisors for an unadvertised public hearing and shall specifically cite the substantial change or difference between the two plans. The request shall provide the rationale for the review committee's recommendation.

3) The supervisors' directions shall be applied to the cluster option plan, which shall be further processed in accordance with Section 18.09.040(I).

g. Projects requiring a rezoning:

1) A cluster project requiring a rezoning shall first be heard by the planning and zoning commission at public hearing before being heard at a public hearing before the review committee.

2) Following a decision by the review committee, the board of supervisors shall review the project at a public hearing. If the board approves the rezoning with the design of the project per the review committee decision, the project shall comply with all requirements for approved rezonings. If the board approves the rezoning with modifications to the review committee decision, the board may remand the project back to the review committee for review at a regularly scheduled public meeting prior to approval of the final plat for conformance with the direction of the board and the requirements of Section 18.09.040.

h. Written decisions of the review committee shall be available within five working days of the meeting.

6. Appeal of review committee decision:

a. Decisions, conditions and requirements specified by the review committee may be appealed to the board of supervisors by the developer, by owners of property abutting (or across the street from) the project site, or by a homeowners' or neighborhood association of record that includes those properties abutting (or across the street from) the project site. A written appeal shall be directed to the planning director within ten working days of the review committee decision for scheduling of a noticed public hearing. Reasons for and evidence to support the appeal shall be stated in the written notice of appeal. Notice of the appeal hearing shall be provided to all who received notice of the review committee meeting at which the decision, conditions or requirements being appealed were established. The public hearing shall be scheduled for the next regularly scheduled board meeting that is scheduled to occur at least thirty days after the date the appeal is submitted.

b. The fee for the appeal before the board of supervisors shall be the same as for an advertised public hearing and shall be paid at the time the written request for appeal is submitted for review.

c. At the hearing to review the appeal, the board of supervisors may approve the design, conditions, or requirements of the project appealed, approve subject to modifications the design, conditions, or requirements of the project being appealed, or deny the design of the project being appealed.

d. If the board of supervisors approves the project design subject to modifications, the board may remand the project back to the review committee for review at a regularly scheduled public meeting prior to approval of the final plat for conformance to the directions of the board of supervisors and the requirements of Section 18.09.040.

e. If the board of supervisors denies the appeal, the applicant may resubmit a new application for a cluster project at any time, provided that the new submittal substantially differs from the project denied by the board. The new submittal must include a statement showing how the new project differs substantially from the project denied by the board. Review of the new submittal shall conform to all requirements of Section 18.09.040.

7. Final compliance review: All plans revised in conformance with the decisions of the review committee or the supervisors shall be submitted to the development services department for final compliance review prior to submittal of a tentative plat. A compliance decision shall be provided within five working days of the revised plan submittal.

8. Tentative plat submittal: Following final cluster development option compliance approval, the developer shall submit to the planning and development services department the following:

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

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

c. A type 2 grading plan, in accordance with Section 18.81.060 (Grading);

d. Delineation of cluster open space;

e. Landscape plan, in accordance with Section 18.73.030 (Landscaping Standards);

f. Proposed covenants for the development; and

g. Documentation outlining the proposed percentage of development to be accomplished prior to the homeowners' association assuming responsibility for the maintenance of common areas and property (reference Section 18.09.040J2).

9. Time limits:

a. Approval of a cluster development plan shall be effective for two years from the date of final compliance approval, unless a tentative plat has been approved in accordance with Chapter 18.69 (Subdivision Standards).

b. Failure to record a final plat within four years of the review committee approval date shall require a project feasibility review and approval to proceed by the planning and development services director, who shall determine the need for additional cluster option review, based on land use changes surrounding the site area during the four-year period.

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

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

a. Cluster open space,

b. Parks,

c. Buffers,

d. Landscaping,

e. Recreational facilities,

f. Streets and trails, and

g. Private sewers, utilities and septic systems;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

K. Phased development.

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

2. Open space requirements for each phase shall be the same as stated in Section 18.09.040(F). Separate homeowners' associations with provisions for expansion or consolidation may be created. Prior to the sale of any lot, site, unit or dwelling in a phased portion, the open space and recreation areas in that portion shall be designated, recorded and developed or maintained in conformance with the approved development plan.

L. Amendments to final plan.

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

2. Substantial changes to the approved cluster site plan shall require a complete, new review of the entire project, to include additional fees, plan submittals and meetings in accordance with this section.

(Ord. 2011-2 § 4 (part), 2011; Ord. 2009-3 § 1, 2009; Ord. 1998-51 § 2, 1998; Ord. 1996-58 § 4 (part), 1996; Ord. 1994-147 § 3 (part), 1994; Ord. 1988-116 § 4, 1988; Ord. 1986-187 § 1 (part), 1986; Ord. 1985-187 § 1 (part), 1985; Ord. 1985-111 § 1 (part), 1985; Ord. 1985-82 (part), 1985)

18.09.050 Lot reduction option.

A. Scope:

1. Minimum lot size requirements for lots in a subdivision may be approved by the board of supervisors for reduction where the conditions of Section 18.09.050B exist and the planning and zoning commission finds and certifies them to the supervisors.

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

a. CR-1: Refer also to Section 18.21.060;

b. CR-2: Refer also to Section 18.23.060;

c. CR-3: Refer also to Section 18.25.060.

B. Conditions:

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

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

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

4. Recreation areas must be provided in accordance with Chapter 18.69.090 Residential recreation areas.

C. Approved plat recordation required: No approval on a minimum lot size reduction shall be effective until a subdivision plat complying with the commission's findings and certification and approved by the commission and supervisors is recorded in the office of the county recorder.

(Ord. 2003-16 § 2 (part), 2003; Ord. 1985-82 (part), 1985)

18.09.060 Lot development option.

A. Purpose. The purpose of this option is to:

1. Permit the efficient use of land;

2. Encourage originality, flexibility and innovation in site planning and architectural design; and

3. Permit building location and construction which conserve energy.

B. Yard Requirements.

1. Front and rear yards shall each be a minimum of twenty feet;

2. Side yards shall each be a minimum of eight feet; or

3. A main structure may be placed on a side lot line, if the distance between main structures is sixteen feet.

C. Application.

1. This option shall apply only to new developments which take place entirely under this option unless fifty percent of the owners of the developed lots within the subdivision approve the use of this option.

2. It shall apply to properties zoned CR-2, CR-3, CR-4, CR-5, MU, CB-1, and CB-2.

3. Structures shall be subject to all other setback requirements of the zone they are in. This option shall not waive any provisions of the county building codes (Title 15 of this code) or any other codes or policies.

D. Permits.

1. The zoning inspector shall issue lot development permits to applicants fulfilling the requirements of this section.

2. The applicant shall submit to the zoning inspector:

a. A development plan showing to scale all proposed and existing structures on the lot or parcel and all structures on abutting lots or parcels;

b. A covenant of record running with the land establishing the rights and responsibilities of abutting property owners where a main structure is on a common lot line; and

c. A covenant providing for review by the zoning inspector of additions and modifications to structures in the development after the project is completed.

3. No permit shall be issued if:

a. Drainage from the proposed structures will adversely affect adjoining property or public rights-of-way;

b. Roofs will drain on abutting properties; or

c. The location of and activities in the proposed structures will impose objectionable noise on adjoining property.

4. Structures other than patio walls shall not be placed on a lot line with another property not a part of the same development.

(Ord. 1985-82 (part), 1985)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc