A.   Continued use.

   1.   The owners of land and structures shall not be deprived of the use of any property for the purpose to which it was lawfully devoted at the time of the enactment of this code because of any provision of this code.

   2.   Nonconforming buildings or structures or land uses may be continued to the same extent and character as that which legally existed on the effective date of this code and any regulations derived from it.

   3.   Repairs may be made to a nonconforming building or structure or to an existing building or structure housing a nonconforming use.

B.   Limitations on enlargement. Any nonconforming but otherwise legal use within a building may be expanded within the same building in which said use is located, provided that:

   1.   No substantial modifications are made in the building; or

   2.   The increase or expansion is required to comply with an order to improve issued by a health or safety official.

C.   Restoration of damaged buildings. A nonconforming building or structure or a building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, or other calamity or act of nature may be restored, and the building or structure or use of such building, structure, or part thereof may be continued or resumed provided that such restoration is started within a period of one year from the date of destruction or damage and is diligently prosecuted to completion. Such restoration shall not increase the floor space devoted to the nonconforming use over that which existed when the building became nonconforming, and such exemption from conforming to this code shall only be to the extent that the building did not conform in the past.

D.   Discontinuance or abandonment. A nonconforming building or structure or portion thereof, or a lot or parcel occupied by a nonconforming land use, which is or which hereafter becomes abandoned or which is removed from use for a continuous period of one year or more shall not thereafter be occupied except by a use which conforms to the regulations of the zone in which it is located.

E.   Change to a conforming use. Any nonconforming building or structure or land use that has been changed to a conforming building or structure or land use shall not thereafter be changed back to a nonconforming building, structure, or land use.

F.   Change to another nonconforming use. A nonconforming use of a building or structure shall not be changed to another nonconforming use. Changes in use shall be permitted only to a conforming use.

A.   Clear view of intersecting streets. On all lots or parcels of land on which a front setback is required, no obstruction that will obscure the view of motor vehicle drivers shall be placed within the triangular area formed by the intersecting street property lines and a line connecting them at points of 45 feet from the intersection of said street property lines, except that trees may be permitted within said triangular area provided that those trees are placed in the street planter strip and the limbs are pruned to at least six feet above the grade level of the adjacent street.

B.   Effect of street plan. The front or side setback of a building or structure to be constructed on a lot abutting a street designated in the general plan or in a specific plan shall be measured from the planned right-of-way line of the street and not from the existing property line.

C.   Drainage. Surface water shall not be allowed to drain from any lot onto any adjacent lot, parcel, or easement, except upon written agreement with the owner of the adjacent lot, parcel, or easement.

The application of sewage sludge to the surface or within eight inches of the surface of any land within one quarter mile of any human residence shall be prohibited, except where written permission to do so has been obtained from the owner of said residence and filed with the town clerk.

Before a permit can be issued for development of parcels or lots with an irrigation channel either within the parcel or lot or adjacent thereto within perimeter easements or the nearest half of a street or alley right-of-way, such irrigation facilities shall be undergrounded in accordance with a plan and schedule acceptable and agreed upon by the town engineer, the property owner, and the owner of the irrigation facilities.

A.   Purpose and scope: The purpose of this section is to promote the health, safety, economic, aesthetic and general welfare of the citizens of the town, and to protect neighborhoods against nuisances, blight and deterioration, by establishing requirements for the maintenance of all land, whether improved or vacant. This section shall apply to all lands within the town, without regard to zoning or use.

B.   Composting prohibited: No person shall compost or permit the composting of organic waste; manure; tree, grass or shrub clippings; grease; bio-solids, or other similar material on any property within the town limits except for composted material that is utilized directly on the property from which it is composted and except for permitted accessory composting facilities in the AG and RR zones.

C.   Used tire storage prohibited.

   1.   No person shall store or allow the storage of used automobile, truck, or other vehicle tires:

      a.   Of a type different from those used by vehicles owned by that person and legally parked or stored on the property, or

      b.   In a quantity greater than two spare used tires for each vehicle owned by that person and legally parked or stored on the property.

   2.   All used tires shall be stored inside a completely enclosed structure.

   3.   This paragraph C shall not apply to a properly licensed and operating entity engaged in the retail sale or disposal of used tires.

D.   Grease ponds prohibited: No person shall allow a grease pond or open grease storage facility to be maintained on any property within the town limits.

E.   Similar uses prohibited. The planning manager may determine other similar uses to be a nuisance.

A.   Fiber optic cables or lines installed within the municipal limits of the town shall not be installed as a direct bury cable.

B.   All fiber optic cables or lines shall be installed within a conduit of at least one inch PVC or other approved material. At the time of initial installation, one extra conduit of at least one inch PVC or other approved material for future expansion shall also be installed.

C.   New conduit installation designated for fiber optic cables or lines shall be encased in a minimum of six inches of concrete on all sides of the conduit or conduits. New installations shall have a minimum of four feet of cover on the top of the concrete encasement. A magnetic warning tape shall be placed two feet above the encasement, which shall include a written message indicating the presence of fiber optics in the conduit systems installed, even if they are initially intended to carry standard copper wire cables.

D.   If that fiber optic cables or lines are to be installed in existing conduit systems, the installation thereof shall comply with the specifications in the foregoing subsection.

E.   All installations of fiber optic cables or lines, whether in new conduit installations or existing conduit installations, shall require a permit.

F.   Upon the submission of plans and the application for a permit, it shall be clearly noted thereon by the applicant that fiber optic cables or lines are to be installed pursuant to the permit being requested.

G.   Whenever the town, private consultants or entities, or other agencies request any information on existing utilities to be used on the preparation of improvement or development or other plans, existing fiber optic cables or lines shall be clearly indicated on information furnished by the applicable utility company.

H.   Any of the foregoing plans prepared shall include a special warning of sufficient size and placed on the plans in such a way that contractors will be aware of the presence and existence of fiber optic cables or lines.

I.   Any fiber optic cables or lines installed within the town shall be located in the field, during construction, as part of the "Blue Stake" program.

J.   Any locations marked on the ground surface shall include special notations that will adequately indicate the existence of fiber optic cables or lines to the contractor.

A.   General.

   1.   Animal density limitations shall not apply to un-weaned animals or household pets.

   2.   The planning manager may grant exceptions to animal-keeping regulations for activities sponsored by the 4-H club, future farmers of America, or other similar nonprofit organization.

B.   Location of animal-keeping structures. See section 17-4-3 (use conditions matrix), table 3 (conditions per use).

C.   General maintenance. Animal-keeping structures shall be arranged, conducted, and maintained in compliance with title 6 (animal control) and so that:

   1.   The animal-keeping area is completely enclosed within a fence capable of containing the animals being kept.

   2.   Construction materials are non-toxic.

   3.   Animal-keeping does not create a nuisance for surrounding properties.

   4.   Generation of dust is minimized.

   5.   Outdoor lighting does not generate glare in the direction of streets and or adjacent properties; and is consistent with the town lighting code.

D.   When chickens are kept on a single-family detached residential lot of one-half acre or smaller, the following regulations shall apply:

   1.   Enclosures shall be maintained and manure picked up and disposed of or composted at least twice weekly.

   2.   Composted manure shall be kept in a way that prevents migration of insects.

   3.   Water sources shall have adequate overflow drainage.

   4.   Feed shall be stored in insect-proof and rodent-proof containers.

A.   The minimum requirements of this section shall apply to any "medical marijuana dispensary" located in any zoning district.

B.   In addition to any other application requirements, an applicant for any "medical marijuana dispensary" conditional use permit shall provide the following:

   1.   A notarized authorization executed by the property owner, acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary.

   2.   The legal name of the medical marijuana dispensary.

   3.   The name, address, and birth date of each officer and board member of the nonprofit medical marijuana dispensary.

   4.   A copy of the operating procedures adopted in compliance with A.R.S. § 36-2804 (B) (1) (c).

   5.   A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has been convicted of any of the following offenses:

      a.   A violent crime as defined in A.R.S. § 13-901.03 (B) that was classified as a felony in the jurisdiction where the person was convicted.

      b.   A violation of state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted except an offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten or more years earlier or an offense involving conduct that would be immune from arrest, prosecution or penalty under A.R.S. § 36-2811 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the state of Arizona.

   6.   A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has served as an officer or board member for a medical marijuana dispensary that has had its registration certificate revoked.

   7.   A floor plan showing the location, dimensions and type of security measures demonstrating that the medical marijuana dispensary will be secured, enclosed, and locked as required by law.

   8.   A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary to the property boundary of the parcel containing any existing uses listed in paragraph D below. If any of the uses are located within 50 feet of the minimum separation, the drawing, showing actual surveyed separations, shall be prepared by a registered land surveyor.

   9.   A notarized acknowledgment of the requirements of Pima county code chapter 8.80 ("medical marijuana").

C.   A medical marijuana dispensary shall:

   1.   Be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.

   2.   Not have drive-through service.

   3.   Not emit dust, fumes, vapors or odors into the environment.

   4.   Prohibit consumption of marijuana on the premises.

   5.   Not have outdoor seating areas.

   6.   Display a current town of Marana business license applicable to a medical marijuana dispensary.

   7.   Have operating hours not earlier than 7:00 a.m. and not later than 10:00 p.m.

D.   A medical marijuana dispensary shall meet the following minimum separations, measured in a straight line from the boundary of the parcel containing the medical marijuana dispensary to the property boundary of the parcel containing any existing uses listed below:

   1.   2,000 feet from any other medical marijuana dispensary or medical marijuana dispensary offsite cultivation location.

   2.   2,000 feet from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility.

   3.   1,000 feet from a public, private, parochial, charter, dramatic, dancing, music, learning center, or other similar school or educational facility that caters to children.

   4.   1,000 feet from a childcare center.

   5.   1,000 feet from a public library or public park.

   6.   1,000 feet from a church.

   7.   1,000 feet from a facility devoted to family recreation or entertainment.

E.   A medical marijuana dispensary offsite cultivation location is prohibited within the town limits. For purposes of this section, "offsite cultivation location" is defined as any cultivation site that is located at a separate physical location or site from a medical marijuana dispensary with a valid, unexpired conditional use permit.

F.   The number of medical marijuana dispensaries permitted within the town limits of Marana shall be limited to two. The number of permitted medical marijuana dispensaries shall be increased by one for each Marana population increase of 50,000 over and above the official 2010 census figure for Marana.

G.   The medical marijuana dispensary operator and the owner of the property shall jointly share the rights and obligations of a medical marijuana dispensary conditional use permit issued under this section.

H.   If a medical marijuana dispensary ceases to operate at a property for which a conditional use permit has been issued under this section, the owner of the property shall have the right to lease or sell the property to another medical marijuana dispensary operator without the need for a new medical marijuana dispensary conditional use permit, subject to the following conditions and requirements:

   1.   A new conditional use permit shall be required if the medical marijuana dispensary conditional use permit expires by operation of section 17-3-2 (conditional use permits) paragraph K (expiration upon discontinuance).

   2.   Before opening to the public, the new medical marijuana dispensary operator shall provide to the town the information and documentation set forth in subparagraphs 1 through 7 and 9 of paragraph B of this section.

   3.   The new medical marijuana dispensary operator shall obtain a new medical marijuana dispensary conditional use permit if the planning manager determines that the floor plan provided as required by subparagraph 7 of paragraph B of this section is substantially different from the floor plan approved in the medical marijuana dispensary conditional use permit. For purposes of making this determination, the planning manager shall disregard floor plan changes required by the state as a condition of the operator's state license.

Shipping containers shall not be used as storage facilities in any residential, commercial, or mixed-use zone, except that a storage pod is permitted for a period not to exceed 30 days while remodeling or moving.

A.   Additional height is allowed for ornamental elements of buildings and structures such as belfries, clock towers, cupolas, domes, spires, and steeples, subject to the following provisions:

   1.   The element is an integral part of the building's architecture.

   2.   The element is not for human occupancy.

   3.   The element is not used for signage.

   4.   The element shall be set back at least one foot from all property lines for every foot of height above finished grade. Where the zoning setback exceeds the height of the element, the zoning setback shall apply.

   5.   Elements higher than 50% above the zoning height limit, or that do not conform to the increased setbacks specified in section 17-6-10 A. 4, shall:

      a.   require a conditional use permit

      b.   require a viewshed and shadow analysis showing the impact on nearby properties

      c.   have a combined footprint not exceeding 25% of the roof area of the principal building

   6.   Lighting or direct illumination of any part of the element above the zoning height limit shall require a conditional use permit.

B.   Multiple architectural elements may be considered separately when determining setbacks and the applicability of section 17-6-10 A.5.

A.   The minimum requirements of this section, including the development standards set forth in Table 1 ( Development standards for solar energy systems or energy storage facilities) below, shall apply to any solar energy system or energy storage facility located in any zoning district.

 

B.   The developer of a solar energy system or energy storage facility must provide the town with a decommissioning plan for the site at the time of development plan review. The plan must include the necessary funding assurances to ensure the property is returned to its pre-development condition, flat state or better, including remediating any environmental issue caused by the solar energy system or energy storage facility.

C.   If title to the solar energy system or energy storage facility is vested in a special purpose entity, a written guaranty from its parent company must be included with the decommissioning plan required by paragraph B, above, fully binding the parent company to all the terms and conditions of the decommissioning plan. If the solar energy system or energy storage facility is leased, sold, or conveyed, the guaranty shall be fully binding upon the successors and assigns of the special purpose entity and parent company, as well as any other subsequent owner/operator of the solar energy system or energy storage facility.

D.   Solar energy systems and energy storage facilities shall be maintained in good working order and in accordance with manufacturer and industry standards. Any solar energy system or energy storage facility, or any component of a system or facility, which becomes inoperable shall be made operational or shall be removed from the property within one year of the date the system or facility became inoperable, all at the owner's expense.

E.   Approval granted to an individual property owner of a solar energy system shall not be construed to bar owners or tenants of any adjacent property from ordinary or permitted building, landscaping, or other accessory improvements, even if such improvements may diminish the function of the solar energy system.

A.   The purpose of these regulations is to permit persons with disabilities to reside in single-family residential neighborhoods in compliance with the Fair Housing Act, while preserving the residential character of the neighborhood.

B.   All transitional housing locations shall obtain and maintain a town business license in compliance with Chapter 9-2 of this code.

C.   All transitional housing locations shall comply with the following standards:

   1.   The number of residents at a transitional housing location, excluding staff, shall not exceed five.

   2.   No transitional housing location shall house any person whose tenancy would constitute a direct threat to the health or safety of other individuals or result in substantial physical damage to the property of others.

   3.   A transitional housing location shall not be located on a lot that is within 1,200 feet, measured by a straight line in any direction, from the lot line of another transitional housing location.

   4.   Transitional housing locations shall have no identification from a public street by signage, graphics, display, or other visual means.

   5.   Transitional housing locations shall be in compliance with all applicable town codes, including building codes, fire safety regulations, zoning, and subdivision codes. If a transitional housing location has one or more non-ambulatory residents, building code requirements in addition to those applicable to locations with no non-ambulatory residents shall apply.

   6.   Any parking for a transitional housing location shall be maintained on-site and comply with requirements set forth Chapter 17-9 of this code.

   7. Transitional housing locations shall comply with any applicable licensing requirements.

      a.   If a transitional housing location is required by Arizona law to obtain and maintain a state license, the transitional housing location shall provide a copy of that license and all renewals to the town for record-keeping purposes within ten days of receipt by the operator of the transitional housing location.

      b.   If a transitional housing location is not required by Arizona law to obtain and maintain a state license, the transitional housing location shall obtain and maintain either a certification by the Arizona recovery housing association or a permanent Oxford House charter, and shall provide a copy of the certification or charter to the town for record-keeping purposes within ten days of receipt by the operator of the transitional housing location.

      c.   If a required state license, Arizona recovery housing association certification, or Oxford House charter is suspended or revoked, the operator of the transitional housing location shall notify the town's license inspector within five business days of the suspension or revocation.

   8.   The exterior of the dwelling and yards shall be kept in a condition that is consistent with requirements set forth in Title 18 of this code.

   9.   All administrative activities, including staffing, counseling, and other visitations, shall serve only the residents of the transitional housing. No group staff training with staff from other locations is permitted.

   10.   Large or multiple trash receptacles not usually found in the residential area where the transitional housing is located shall be blocked from public view.

   11.   If a transitional housing location ceases operation, the operator shall notify the development services department within 30 calendar days of the cessation.

   12.   Any applicable requirements or provisions of state law, including but not limited to any applicable requirements set forth in Title 36 of the Arizona revised statutes, shall apply in addition to the provisions set forth in this section. To the extent that applicable state law conflicts with the provisions of this section, state laws shall preempt any conflicting provision, but shall not affect the remaining provisions of this section.

D.   Reasonable Accommodation Waiver.

   1.   The purpose of this paragraph is to establish a procedure for persons with a disability to make a request for reasonable accommodation in the application of the town's zoning rules, policies, practices and procedures pursuant to Section 3604(f)(3)(b) of Title 42 of the Fair Housing Act, as it may be amended, which prohibits local government from refusing to make reasonable accommodations when these accommodations are necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling.

   2.   A request for a reasonable accommodation waiver must be in writing and filed with the zoning administrator. In all cases, the zoning administrator, or designee, shall make findings of fact in support of his or her determination and shall render a decision in writing.

   3.   The zoning administrator shall engage in an interactive process in considering the reasonable accommodation waiver request. The zoning administrator may meet with the person making the request for additional information, to discuss possible alternative accommodations, or to ascertain or clarify information sufficiently to make the required findings.

   4.   To grant a reasonable accommodation waiver, the zoning administrator must affirmatively find all of the following:

      a.   The requesting party or future occupants of the housing for which the reasonable accommodation has been made are protected under the Fair Housing Act and the Americans with Disabilities Act;

      b.   The requested accommodation is reasonable and necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling;

      c.   The requested accommodation will be in compliance with all applicable building and fire codes;

      d.   The requested accommodation will allow for the maintenance and preservation of the residential characteristics of the neighborhood and will not create a substantial detriment to neighboring properties by creating traffic impacts, parking impacts, impacts on water or sewer system, or other similar adverse impacts; and

      e.   The requested accommodation will not impose an undue financial or administrative burden on the town, as "undue financial or administrative burden'' is defined in federal or Arizona fair housing laws and interpretive case law.

   5.   Profitability or financial hardship of the owner/operator of a facility shall not be considered by the zoning administrator in determining whether to grant a reasonable accommodation waiver.

   6.   A person requesting a reasonable accommodation waiver may request review of the decision of the zoning administrator by submitting a written request for review to the zoning administrator within ten calendar days of receipt of the zoning administrator's determination.

      a.   A review hearing shall be scheduled within 30 calendar days of the zoning administrator's receipt of the request.

      b.   A hearing officer appointed by the town manager shall conduct the hearing.

      c.   The hearing shall be conducted in an informal manner and the rules of evidence shall not apply.

      d.   The decision of the hearing officer is final and not subject to any further administrative review.

A.   Data centers are not permitted to operate in the town as a principal use unless approved in a specific plan or specific plan amendment explicitly created or amended for the purpose of data center development and adopted through the rezoning process set forth in section 17-3-1 and as described in section 17-4-15 (Specific plan (SP)). Subject to the requirements of this section 17-6-13, a specific plan may authorize data center development in a specific geographic area or region of a larger specific plan area.

B.   In addition to the requirements of section 17-4-15(C), an application for a specific plan or a specific plan amendment for the purpose of data center development shall include the following information:

   1.   The baseline noise study and noise contour exhibit required by paragraph G below.

   2.   The intended source of electric power for the development and documentation from the electric utility provider affirming sufficient power exists to serve the site.

   3.   An assessment of future energy needs for the site.

   4.   An estimate of annual water consumption for the site.

   5.   The intended source of water for the development, and documentation from the water provider affirming sufficient water resources exist to serve the site.

   6.   An explanation regarding how the development complies with each of the requirements of this section 17-6-13; or, if the applicant requests that the council waive a requirement or requirements, an explanation as to why compliance with the requirement(s) is not feasible.

C.   The minimum requirements of this section 17-6-13 shall apply to any data center operated as a principal use unless the council waives a requirement or requirements during the specific plan rezoning process. In addition to these minimum requirements, the town may impose additional or more stringent site-specific requirements or regulations during the specific plan rezoning process, provided that the site-specific requirements or regulations are reasonably related to the impact of the development.

D.   The minimum requirements of this section shall apply to any data center operated as an accessory use only where indicated.

E.   The minimum requirements of this section that are based on the planned or zoned property uses of adjacent properties shall be established based on the planned or zoned uses at the time of the specific plan rezoning process.

F.   The provisions of this section are intended to supplement the requirements of this code. If any provision of this section is found to be in conflict with any other provision of this code, the provision that establishes the higher or more restrictive standard shall prevail.

G.   Noise Attenuation. The developer of a data center to be operated as either a principal or an accessory use must conduct a noise study performed by a qualified third-party acoustic engineer to document baseline sound levels in the area of the proposed data center and to produce a noise contour exhibit depicting the anticipated noise levels to be generated by the data center.

   1.   For purposes of this section 17-6-13:

      a.   "dBA" means the sound pressure level in decibels as measured on a sound level meter using the A weighted filter network. The A weighted filter network is designed to simulate the response of the human ear. The A weighted sound level is expressed by the symbol "dBA."

      b.   "Daytime" means 7:00 a.m. to 7:00 p.m. on weekdays, and 9:00 a.m. to 8:00 p.m. on Saturdays, Sundays, and legal holidays observed by the town.

      c.   "Nighttime" means 7:00 p.m. to 7:00 a.m. on weekdays, and 8:00 p.m. to 9:00 a.m. on Saturdays, Sundays, and legal holidays observed by the town.

   2.   Any noise which emanates from any operation, activity, or source on a data center site, including, but not limited to, heating and cooling system(s), shall not exceed the maximum permissible sound levels set forth in Table 2 (Maximum sound levels for data center operation) measured at the property line of the property affected by the noise.

 

 

   3.   Notwithstanding the provisions of Table 2 above, any person performing site construction work in compliance with section 11-5-4 (Construction noise; extended work permits) shall not be subject to the maximum sound levels set forth in Table 2 above.

   4.   The data center must be designed and built to incorporate sound mitigation methods sufficient to prevent the sound levels emanating from the data center, as determined by a qualified third-party acoustic engineer, from exceeding the maximum sound levels set forth in Table 2. Design specifications for the required sound mitigation must be provided to the town before building permit approval.

   5.   Before issuance of a certificate of occupancy or certificate of completion, whichever occurs first, the data center operator must conduct a post-construction noise study performed by a qualified third-party acoustic engineer to document sound levels emanating from the data center measured at the property line of the nearest property to the data center property that is planned or zoned for residential land uses, or other noise sensitive use as reasonably determined by the zoning administrator, during peak operation of the data center mechanical equipment. The post-construction noise study must demonstrate that sound levels do not exceed the maximum sound levels set forth in Table 2. If sound levels exceed the maximum sound levels set forth in Table 2, the town will issue a temporary certificate of occupancy until the data center operator demonstrates that the required sound mitigation is achieved. If the data center operator is unable to demonstrate compliance with the sound levels set forth in Table 2 before expiration of the temporary certificate of occupancy, the town will not issue a permanent certificate of occupancy.

   6.   The data center operator must also conduct an additional noise study, as measured at the property line of the nearest property to the data center property that is planned or zoned for residential land uses, or other noise sensitive use as reasonably determined by the zoning administrator, annually during peak operation of the data center mechanical equipment for five years after completion of the initial post-construction noise study and when requested by the town thereafter. The data center operator must provide the results of the noise study to the town within 30 days of the anniversary of the date on which the certificate of occupancy or certificate of completion was issued by the town. If sound levels exceed the maximum sound levels set forth in Table 2, the data center operator shall take appropriate steps to achieve the required sound mitigation.

H.   Water. The Marana water department will not provide potable water to a data center (principal or accessory use) for its cooling system, humidity control, and other similar operations. The developer must demonstrate an alternate source of water for these operations.

I.   Site Design Standards. The site design standards in Table 3 (Site design standards for data center development) apply to the development of land that will accommodate data centers, as well as the placement of buildings on a given site. The standards are intended to help minimize the physical, environmental, and visual impacts of data centers on adjacent development.

 

 

 

J.   Building Design Standards. The building design standards in Table 5 (Building design standards for data centers) are intended to guide the development of data center buildings and associated equipment. The goal of the standards is to ensure more visually appealing and welcoming data center developments that also minimize negative impacts in the built environment.

 

A.   Purpose. This section is adopted to comply with state law requiring municipalities with a population over 75,000 to allow accessory dwelling units on a lot or parcel with zoning that allows a single-family dwelling.

   1.   These regulations are in addition to the town's residential building codes, fire codes, public health and safety regulations, and other regulations of general applicability.

   2.   To the extent any provision in this section conflicts with state law, state law shall control.

B.   Definitions. The following definitions apply to this section:

   1.   "Accessory dwelling unit" means a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping and sanitation facilities, and that may include its own kitchen facilities.

   2.   "Gross floor area" means the interior habitable area of a single-family dwelling or an accessory dwelling unit.

   3.   "Permitted use" means approved without requiring a public hearing, variance, conditional use permit, special permit, or special exception, other than a determination that a site plan conforms with applicable zoning regulations.

   4.   "Restricted-affordable dwelling unit" means a dwelling unit that, either through a deed restriction or a development agreement with the town, shall be rented to households earning up to 80% of area median income.

   5.   "Short-term rental" means rental use in which the tenant holds a lease of less than ninety days or that meets the definition of "vacation rental" or "short-term-rental" in A.R.S. § 9-500.39.

C.   Accessory dwelling unit as a permitted use. If the town determines that adequate public utility services are available and the application complies with this title and the town's building codes, fire codes, and public health and safety regulations, the following are permitted uses on any single-family lot or parcel that contains a primary dwelling:

   1.   One attached accessory dwelling unit and one detached accessory dwelling unit.

   2.   One additional detached accessory dwelling unit on a lot or parcel that is one acre or more in size if at least one accessory dwelling unit on the lot or parcel is a restricted-affordable dwelling unit.

D.   Development standards and requirements.

   1.   Size. An accessory dwelling unit shall not exceed the lesser of 75% of the gross floor area of the existing single-family dwelling on the same parcel or 1,000 square feet.

   2.   Setbacks. An accessory dwelling unit shall meet the setbacks for accessory buildings in the applicable zoning district, except that the rear and side setbacks for an accessory dwelling unit shall be a minimum of five feet.

   3.   Heights. An accessory dwelling unit shall meet the height limit for a single-family dwelling within the applicable zoning district.

   4.   Lot coverage. Lots with one or more accessory dwelling units must meet the lot coverage requirements of the applicable zoning district.

   5.   Short-term rental. An accessory dwelling unit may be used for short-term rental only if and while the owner resides on the property that contains the accessory dwelling unit.

   6.   Easements. An accessory dwelling unit may not be built on a current or planned public utility easement unless the property owner receives written consent from any utility that is currently using the public utility easement or that may use the public utility easement in the future.

E.   Exceptions. The provisions of this section do not apply to any single-family lot or parcel located on any of the following:

   1.   Tribal land.

   2.   Land in the vicinity of a military airport or ancillary military facility as defined in A.R.S. § 28-8461.

   3.   Land in the vicinity of a federal aviation administration commercially licensed airport.

   4.   Land in the vicinity of a general aviation airport.

   5.   Land in the vicinity of a public airport as defined in A.R.S. § 28-8486.

F.   Appeals. If an application for a proposed accessory dwelling unit is denied or deemed not to be a permitted use, the applicant may appeal the town's decision to the board of adjustment.

G.   Effective date. This section becomes effective when the town's population reaches 75,000 persons as determined by the United States census bureau or by official acknowledgment by the town council or any other governmental body with jurisdiction to determine the town's population.

A.   Purpose. This section is adopted to comply with state law requiring municipalities with a population over 75,000 to allow middle housing in certain specified circumstances.

   1.   These regulations are in addition to the town’s residential building codes, fire codes, public health and safety regulations, and other regulations of general applicability.

   2.   To the extent any provision in this section conflicts with state law, state law shall control.

B.   Definitions. For purposes of this section only, the following definitions apply:

   1.   Building code: The construction code adopted by the town. Includes a model building code, commercial code, plumbing and mechanical code, electric code, energy conservation code, fire code, property maintenance code, neighborhood preservation code, anti- blight code or other similar code.

   2.   Central business district: An area or series of areas designed by the town that are primarily nonindustrial and that attract community activity, including the entire geographic area that the town has officially designated as its downtown or equivalent on the effective date of this section. The town’s central business district for purposes of this section is the downtown Marana overlay district (DO), as described in section 17-4-12 and depicted in Marana ordinance no. 2018.010.

   3.   Duplex: Two dwelling units on the same parcel or lot in attached, detached, or semi-detached arrangements that are designed for residential occupancy by not more than two households living independently from each other.

   4.   Floor area ratio: The ratio of allowed square footage in a middle housing project to the square footage of the parcel on which it is built.

   5.   Fourplex: Four dwelling units on the same parcel or lot in attached, detached, or semi-detached arrangements that are designed for residential occupancy by not more than four households living independently from each other.

   6.   Household:

      a.   A single person living or residing in a dwelling or place of residence; or

      b.   Two or more persons living together or residing in the same dwelling or place of residence.

   7.   Middle housing: Buildings that are compatible in scale, form and character with single-family houses that contain two or more attached, detached, stacked or clustered homes. Includes duplexes, triplexes, fourplexes, and townhouses.

   8.   Permitted use: The ability for a development to be approved without requiring a public hearing, variance, conditional use permit, special permit or special exception, other than a discretionary zoning action to determination that a site plan conforms with applicable zoning regulations.

   9.   Townhomes or townhouses: Dwelling units that are constructed in a row of two or more attached units in which each dwelling unit shares at least one common wall with an adjacent unit and that are accessed by separate outdoor entrances.

   10.   Triplex: Three dwelling units on the same parcel or lot in attached, detached or semi-detached arrangements that are designed for residential occupancy by not more than three households living independently from each other.

C.   Middle housing as a permitted use. Subject to the requirements of this section, a duplex, triplex, fourplex, or townhome is allowed as a permitted use on:

   1.   A lot zoned for single-family residential use within one mile of the town’s central business district; or

   2.   At least 20% of a new development of more than ten contiguous acres.

D.   Application. A property owner seeking to develop an eligible middle housing project shall submit an application that includes the following:

   1.   Evidence satisfactory to the planning manager that the proposed duplex, triplex, fourplex, or townhome is eligible as a permitted use in accordance with this section.

   2.   A site plan in conformance with section 17-3-5.

   3.   Evidence of sufficient urban services for the entire proposed development.

   4.   Evidence of adequate existing public sewer and water service for the entire proposed development.

   5.   Compliance with all applicable codes, including building code, commercial code, plumbing and mechanical code, electric code, energy conservation code, fire code, property maintenance code, neighborhood preservation code, anti-blight code or other similar code.

E.   Utilities. Notwithstanding the provisions of this section, a utility provider impacted by an application under this section shall have the opportunity to review and approve the site plan for the development.

F.   Development standards and requirements. Middle housing shall comply with the applicable development standards and requirements of the zone district where the middle housing is located.

G.   Exceptions. The following areas are not eligible to construct a duplex, triplex, fourplex, or townhome as a permitted pursuant to this section:

   1.   Areas that are not incorporated.

   2.   Areas that lack sufficient urban services, as determined by the planning manager.

   3.   Areas that are not served by water and sewer services.

   4.   Areas that are not zoned for residential use.

   5.   Areas that are not incorporated and are zoned under an interim zoning designation that maintains the area’s potential for planned urban development.

   6.   Areas covered under A.R.S., title 48, chapter 6, article 4 (Alternative Form of Government for Domestic Water Improvement Districts and Domestic Wastewater Improvement Districts).

   7.   Land within the town in the vicinity of a public airport as defined in A.R.S. § 28-8486 or to the extent this section would interfere with the public airport’s ability to comply with the laws, regulations and requirements of the United States related to applying for, receiving or spending federal monies.

   8.   Land within the town in the vicinity of a military airport as defined in A.R.S. § 28-8461.

H.   Appeals. If an application for proposed middle housing is denied or deemed not to be a permitted use, the applicant may appeal the town’s decision to the board of adjustment.