Pima County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 18
09 GENERAL RESIDENTIAL AND RURAL ZONING PROVISIONS
18.09.010 Purpose.
Reserved.
18.09.020 General requirements and exceptions.
A. Uses Permitted in All Rural and Residential Zones.
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. Duplex dwelling;
c. Triplex dwelling;
d. Accessory building or use;
e. Church, providing the minimum off-street parking requirements, as set forth in Chapter 18.75 (Off-street Parking and Loading Standards), are met;
f. Home occupation (refer also to Section 18.09.030);
g. Public park;
h. Public school;
i. 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.
U. Accessory Dwelling Units.
1. Accessory dwelling units are permitted on any residential or rural lot which allows a single-family dwelling.
2. Permitted coverage: Accessory dwelling unit square footage counts toward the accessory structure lot coverage limits for the zone in which the accessory dwelling unit is located and are permitted up to the maximum allowed by Section 18.09.020.U.5. Accessory dwelling unit(s) are not restricted by the accessory structure coverage but count toward the lot coverage limits.
3. One attached accessory dwelling unit and one detached accessory dwelling unit per lot is allowed.
4. On lots or parcels one acre or greater in size: an additional detached dwelling unit is allowed. The third unit must be restricted affordable.
5. Size:
a. Detached and attached accessory dwelling unit(s) may be developed up to seventy-five percent of the gross floor area of the main dwelling or one thousand two hundred fifty square feet, whichever is less.
6. Minimum yard setback requirements:
a. Front: In accordance with accessory building standards of the appropriate zone.
b. Side and Rear: five feet.
c. Minimum distance to main structures:
i. Lots one acre and greater: ten feet.
ii. Lots less than one acre: three feet.
7. Height: In accordance with single-family dwelling standards of the appropriate zone.
8. Accessory dwelling unit(s) shall use the same access which serves the main dwelling.
9. Accessory dwelling unit(s) may be used as a short- or long-term rental.
10. The owner of a vacation rental or short-term rental of thirty days or less must reside on the property if the property contains an accessory dwelling unit.
11. No additional parking is required for accessory dwelling units to accommodate an accessory dwelling unit.
12. All Pima County Code regulations still apply, including, but not limited to, Protected Peaks (18.61), Hillside Development Zone (18.61), Historic Preservation (18.63), Grading Limits (18.61), Native Plant Preservation (18.72), Buffer Overlay Zone (18.67), Pima County Flood Control District requirements, and Scenic Routes.
13. This section does not apply to lots or parcels that are located on tribal land, on land in the territory in the vicinity of a military airport or ancillary military facility as defined in A.R.S. Section 28-8461, on land in the territory in the vicinity of a federal aviation administration commercially licensed airport or a general aviation airport or on land in the territory in the vicinity of a public airport as defined in A.R.S. Section 28-8486 that has a noise level of greater than sixty-five decibels.
(Ord. 2025-27 § 2, 2025; Ord. 2025- 8 § 2, 2025; 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)
18.09.070 Multisectional manufactured home subdivision option.
A. Required Public Hearing.
1. Multisectional manufactured homes shall be permitted in all residential subdivisions recorded after June 15, 1981, if the designation "multisectional manufactured homes permitted" is approved by the board of supervisors at the time of conditional rezoning and is placed on the plat at the time of recording.
2. The provisions of Section 18.09.070(A)(1) shall not apply to subdivisions recorded to satisfy the requirements of a conditional rezoning granted prior to June 15, 1981, unless approval is granted by the supervisors at an advertised public hearing.
B. Required Notice: Notice of hearing shall be given by mail to all owners of record within three hundred feet of the subdivision.
(Ord. 1985-82 (part), 1985)
18.09.080 Reserved.
Editor's note— Ord. No. 2017-37, § 1, adopted October 17, 2017, repealed § 18.09.080, which pertained to small lot subdivision option and derived from Ord. No. 1985-82, 1985 and Ord. 2003-16, 2003.
18.09.090 Model home permits.
A. Scope: Building permits for not more than ten model units may be issued prior to the adoption of a rezoning ordinance if the property has been conditionally approved for rezoning subject to acceptance of a subdivision plat or development plan.
B. Issuance of permits. The permits may be issued when the following conditions are met:
1. The tentative plat and model home landscape plan have been approved by the subdivision review committee;
2. The site and setbacks of the model units are in conformance with the approved tentative plat and the proposed rezoning;
3. Written approval has been granted by the directors or authorized representatives of:
a. The planning and development services department,
b. The department of transportation and flood control district,
c. The wastewater management department, and
d. The property management division;
4. The applicant for such model permits shall acknowledge in writing that:
a. Such permitted models shall not be sold or occupied for residential purposes until the proposed zoning ordinance has been adopted by the board of supervisors,
b. The issuance of model permits shall not be construed as a commitment by the county to approve the subdivision plat or grant the proposed zoning, and
c. The applicant is solely responsible for any financial expenditures or obligations made as a result of the issuance of such model permits.
(Ord. 1985-171 § 1 (part), 1985; Ord. 1985-82 (part), 1985)
18.09.100 Conservation subdivision.
A. Purpose. The purpose of this section is to encourage, and provide incentives for, innovative site planning of residential subdivision lots that are designed in harmony with the natural features and constraints of property. This section establishes subdivision development standards which allow a landowner to achieve full density under the existing zoning of the land, and which also provide substantial preservation of natural open space and natural and cultural resources.
The goal of conservation site planning is to protect conservation features such as designated peaks and ridges, riparian areas, native plants and plant communities, areas near public preserves, wildlife habitat areas, biological corridors, and sites of archaeological and cultural value. Conservation subdivisions promote the establishment of conservation natural areas and, where possible and practicable, support interconnected, continuous, and integrated open space systems within an area, particularly when located contiguous to public preserves.
B. Applicability. These standards may be used to develop subdivisions on land containing undeveloped indigenous habitat and conservation features identified by the property owner in a conservation subdivision plat through aerials and supporting documentation, and certified as containing undeveloped indigenous habitat by the planning official. Any dispute about applicability of these standards to a particular parcel of land shall be reviewed at a public hearing before the planning and zoning commission. Except as noted in this section all other requirements of the Pima County Zoning Code shall apply.
C. Definitions. The following definitions apply to this section:
1. Conservation subdivision. A residential subdivision that is designed according to the procedures set forth in this section. A conservation subdivision allows a property to be developed to the full residential density permitted under the existing zoning classification, while also providing for the permanent conservation of substantial amounts of environmentally and culturally valuable open space areas, such as designated peaks and ridges, riparian areas, native plants and plant communities, areas near public preserves, wildlife habitat areas, biological corridors, and sites of archaeological and cultural value.
2. Conservation natural areas. Those areas within a conservation subdivision that are permanently designated and deed restricted to natural open space use by a conservation easement or owned in fee.
3. Conservation easement. A nonpossessory interest of a holder in real property imposing limitations or affirmative obligations for conservation purposes.
4. Conservation purposes. Any of the following activities which yield a significant public benefit:
a. Protecting a relatively natural habitat of wildlife, plants, similar ecosystem, or conservation natural area.
b. Preserving open space, including natural open space and conservation natural area, if the preservation is either:
1) For the scenic preservation of the natural area.
2) Pursuant to a clearly delineated federal, state or county governmental conservation policy.
c. Protection of archaeological and cultural resources.
5. Designated homesite area. That portion of a lot not restricted by a conservation easement.
6. Disturbed, disturbance. Refers to a significant visible man-caused change to an undisturbed natural area, site or conservation feature such as the ground surface, geology, vegetation, riparian area, or nesting habitat; and wherein such change results in (a) the degradation of the undisturbed natural area, site or conservation feature and (b) a corresponding reduction in the resource value of the natural area, site or conservation feature. Intrusive activities which degrade undisturbed natural area, site or conservation features, and reduce resource value include dumping, burning, toxic spills, plant pruning and removal, planting invasive and/or high water usage plant material that endangers or threatens the survivability of existing or introduced native plants and low water use, drought tolerant plant material, man caused erosion, grading, grubbing, scarifying, storage, vehicular, motorized and wheeled activity, grazing, pasturing, farming, and other similar intrusive activities.
7. Holder. Either:
a. A governmental body empowered to hold an interest in real property under the laws of this state or the United States.
b. A homeowners association, nonprofit charitable corporation or trustee of a charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic or open space values of real property, and assuring the preservation, maintenance, and management of real property, and protecting and enhancing the undisturbed character and quality of conservation natural areas.
8. Indigenous habitat. Undeveloped areas consisting of plant communities that grow naturally in and are native to Pima County.
9. Primary conservation features. Those parts of the site which contain primary resource value natural features such as:
a. Lakes, ponds, wetlands, floodway and erosion hazard setback areas;
b. Riparian areas, prominent hilltops, peaks or ridges, and prominent rock outcroppings extending from public preserves;
c. Riparian habitat corridors and riparian areas of hydroriparian, mesoriparian, and xeroriparian A, B, and C, and any segments of riparian areas that are hydroriparian and mesoriparian according to Riparian Habitat Regulations in Article X of the Pima County Floodplain and Erosion Hazard Management Ordinance;
d. prominent vegetative and geologic features of a site, including saguaros and ironwoods, mesquite bosques, prominent hilltops and prominent rock outcrops, and peaks or ridges;
e. habitat with plant species listed as Highly Safeguarded by the Arizona Native Plant Law;
f. areas of undisturbed native upland vegetative communities adjacent to primary riparian area; and
g. slopes of twenty-five percent (25%) or greater.
10. Private living area. That portion of a designated homesite occupied by buildings, walls, patios, vehicular parking and circulation areas, and connecting pedestrian walks.
11. Riparian area. A geographically delineated area with distinct resource values that is characterized by deep-rooted plant species that depend on having roots in the water table or its capillary zone and that occurs within or adjacent to a natural perennial or intermittent stream channel, or within or adjacent to a lake, pond or marsh bed maintained primarily by natural water sources, or in or adjacent to ephemeral stream channels. Riparian areas routinely include hydroriparian, mesoriparian, and xeroriparian A, B, and C, any segments of riparian areas that are hydroriparian and mesoriparian. Riparian habit area does not include artificially created stockponds, man-made storage reservoirs constructed primarily for conservation or regulatory storage, municipal and industrial ponds or man-made water transportation, distribution, off-stream storage and collection systems.
12. Restored, restoration, mitigation. The process of repairing a previously disturbed, damaged, or graded site area or site feature and replicating its previously undisturbed, undamaged, or ungraded condition of vegetation, plant communities, geologic structures, grade, drainages, and riparian area that historically existed on site or in the neighborhood. Restoration of previously disturbed or graded areas will include revegetation, and may include corrective grading, natural and artificial rock, and top dressing.
13. Secondary conservation features. Those parts of a site which contain the secondary resource value natural features such as:
a. Segments of riparian area not connected to or extending from a public preserve;
b. Riparian areas not designated as primary conservation features;
c. Areas of undisturbed native upland vegetation communities;
d. Habitat with plant species listed as Salvage Restricted per the Arizona Native Plant Law;
e. Areas between fifteen percent (15%) and up to but not including twenty-five percent (25%) slopes;
f. One hundred year floodplain areas; and
g. Sites and features of archaeological and/or cultural value.
14. Third party right of enforcement. A right granted in a conservation easement to enforce any of its terms granted to a governmental body, nonprofit charitable corporation, charitable trust, or foundation, which, although eligible to be a holder, is not a holder.
15. Wildlife friendly fencing. Shall be a maximum 42? high fence using T-posts and 12-gauge wire as installed, maintained and further provided, and revised in conformance with the requirements and specifications of the Arizona Game and Fish Department for Standard Game Fence, or any subsequent revisions.
D. Permitted zones. This applies to subdivision development in the following zones: IR, RH, GR-1, SR, SR-2, SH, and CR-1, and specific plan development areas with land use designations that are comparable to IR, RH, GR-1, SR, SR-2, SH, or CR-1 zones.
E. Development standards.
1. Maximum density yield: Maximum density yield is obtained by dividing the minimum area per dwelling unit standard allowed under the zone of the property into the gross area of the subdivision site. SH shall use the same minimum area per dwelling unit as GR-1.
2. Minimum lot size:
a. GR-1, SH, and, CR-1: eighteen thousand (18,000) square feet, however, twenty percent (20%) of the lots may be smaller than eighteen thousand (18,000) square feet provided that the smaller lots are located on the interior of the project and provided that no lot is smaller than twelve thousand (12,000) square feet;
b. SR-2: thirty thousand (30,000) square feet;
c. IR, RH, SR: forty-three thousand five hundred and sixty (43,560) square feet;
d. All lots using a septic system shall meet all county requirements pertaining to lot size and septic use.
3. Minimum building setback:
a. Subdivision site setbacks for the entire subdivision are the same as the setbacks permitted in the zone for a single lot, but in no case shall a subdivision site setback be less than thirty feet (30');
b. Front yard setbacks of individual lots shall be a minimum of twenty feet (20');
c. Rear yard setbacks of individual lots shall be a minimum of ten feet (10');
d. Side yard setbacks along an internal subdivision street frontage and between adjoining subdivision lots shall be a minimum of ten feet (10');
e. The provisions of Section 18.07.070 (modification of setback requirements) apply to a conservation subdivision. For the purposes of this section, site setbacks and front yard setbacks in a conservation subdivision may also be reviewed for modification.
4. Domestic animals: the subdivision plat shall have covenants regulating the keeping of domestic animals as follows:
a. Domestic pets shall be confined to private living areas or accompanied on a leash outside private living areas by a resident or trainer, except as provided in the following subsection b. Domestic pets are domestic animals whose nature is consistent with the residential character of the neighborhood or the adjoining conservation natural area.
b. Fenced dog runs may be located outside private living areas within the designated homesite area;
c. Livestock may be kept in SR, RH, & IR Conservation Subdivisions and such livestock shall be confined in barns, sheds or fenced enclosures all within the designated home site areas.
d. No wild animal, as defined in Chapter 6.04 Pima County Code shall be kept.
e. The number of domestic animals on a lot shall be consistent with the residential character of the neighborhood.
5. Fencing and walls are permitted as follows:
a. Fencing and walls in private living areas on individual lots;
b. Wildlife friendly fencing that is required to protect cultural and natural resources from negative impacts such as human trespass and adjacent grazing areas;
c. Fencing and walls for livestock enclosures in the designated homesite area.
6. Driveway widths shall be limited to twelve feet (12') with a maximum six-foot (6') graded area on each side of the driveway where required to accommodate sloping site conditions.
F. Conservation natural area standards. The planning official, or the planning official's designated representative qualified in such matters, shall review the subdivision's conservation natural area to ensure that it protects natural area connections and important habitat features. A conservation subdivision shall comply with the following standards:
1. Minimum conservation natural area designation:
a. A minimum of fifty percent (50%) of the area of the subdivision site after deducting major streets and scenic routes rights-of-way dedications shall be set aside and restricted to conservation natural areas. When the best available scientific information confirmed by the planning official, or his designated representative qualified in such matters, indicates that a higher percentage of conservation natural area or conservation easement is required, such additional area shall be provided to the maximum extent practicable. Primary conservation features shall be the highest priority feature to be included in conservation natural areas within the subdivision. After all primary conservation features are designated as conservation natural area, any remaining required percentage of natural area shall include secondary conservation features.
b. On lots containing two (2) or more acres, or in low density subdivisions with a density less than one (1) dwelling unit per two (2) acres, up to thirty percent of the conservation natural areas required in the preceding subsection 1.a. may be located within individual subdivision lots, provided they are restricted to natural area use through recorded conservation easements.
c. No graded or disturbed area shall be part of the conservation natural area calculation.
2. Grading and conservation natural areas.
a. Grading of a subdivision site is permitted only for roadways, utilities and within the approved development areas.
b. The maximum grading area on lots smaller than one (1) acre shall be twenty thousand (20,000) square feet plus the area of a single lane twelve foot (12') wide driveway that extends from the lot property line to the garage or carport.
c. The maximum grading area on lots one (1) acre or larger shall be thirty thousand (30,000) square feet plus the area of a single lane twelve foot (12') wide driveway that extends from the lot property line to the garage or carport.
d. To the fullest extent possible, improvements shall be sited to minimize disturbance in conservation natural areas and of the primary and secondary conservation features within them.
e. The design of the development area shall be done so the grading has the least impact on the primary conservation features.
f. Mitigation of disturbed conservation features shall be done in accordance with the purpose of this section, as approved by the planning official, or his designated representative qualified in such matters.
g. Mitigated areas are not counted or included in the calculation of the percent of conservation natural area required for a subdivision site.
h. Washes. Within washes that are primary or secondary conservation features, only that grading for roadways and utilities that is necessary to provide access to approved development areas is permitted in accordance with Chapter 16.54 (Riparian Habitat Ordinance) of this code. Wash disturbance shall be minimized and all utilities shall be installed within roadway easements, except that where a roadway easement is not a practicable location for the utility as confirmed by the planning official, or his designated representative qualified in such matters, then the utility may cross a wash using the least intrusive construction methodology and subject to mitigation and revegetation of the wash disturbance. Wash areas so disturbed and subsequently mitigated shall not be included as part of any open space or natural area requirement.
i. Native plants. To the fullest extent possible, buildings and other improvements shall be sited so as not to disturb primary and secondary conservation features such as saguaros and ironwood trees. Transplantation of existing indigenous plant material shall be within the subdivision. Transplanting or mitigation shall be conducted as follows:
1) Mitigation including transplanting and revegetation for roadways, utilities, and siting of dwellings and private living areas must be done in accordance with Chapter 18.72 (Native Plant Preservation Standards).
2) Grading and disturbed areas in designated homesite areas located outside private living areas, fenced dog runs, and livestock enclosures shall be revegetated with plant material indigenous to the site or subdivision that replicates the understory, midstory, and canopy of adjoining conservation natural areas; except that native, drought-tolerant, low-water use plants (including trees shrubs, cacti, ground cover, grasses and seed mixes) approved by the planning official, or his designated representative qualified in such matters, may also be used.
j. Except as otherwise provided in subparagraph i. above, revegetation of graded or disturbed areas shall be with indigenous trees, shrubs, and ground cover to simulate understory, midstory, and canopy of adjoining natural areas.
k. Site development shall include reduction of runoff by means of stormwater harvesting, erosion control through benign grade stabilization, and careful siting of improvements to minimize negative impacts in conformance with accepted local green infrastructure and low impact development practices and concepts.
3. To assure the most beneficial natural area design, conservation natural areas shall provide, where possible and practicable, connections to public preserves, undisturbed riparian areas, and natural areas on adjoining properties, and protection of undeveloped indigenous habitat.
4. Long thin strips of natural areas shall be avoided unless the feature is linear, such as a wash or the configuration is necessary to connect with other washes or trails. The conservation natural areas shall generally abut existing or potential natural areas on adjacent parcels. Where possible, such subdivision conservation natural areas shall be designed as part of a larger contiguous and integrated open space system of undeveloped indigenous habitat.
G. Infrastructure standards.
1. Conservation subdivisions may use the more flexible street development standards established in the standards and policies of the department of transportation and flood control district for conservation subdivisions and shall emphasize protection of wildlife corridors and minimization of traffic killings of wildlife.
2. Notwithstanding the restriction on the length of cul de sacs contained in Section 18.69.040.A2.l (Subdivision Standards), there is no restriction on cul de sac length in a conservation subdivision. However, no cul-de-sac may serve more than one hundred dwellings or any use that would generate one thousand or more average daily vehicle trips.
3. Existing ingress and egress easements adjacent to or within the subdivision boundaries and which serve lots within the subdivision shall be designated as common area. Existing ingress and egress easements within the subdivision that do not serve lots within the subdivision but only serve parcels outside the subdivision may remain as part of a subdivision lot. Existing ingress and egress easements connected to subdivision boundaries may serve subdivision lots.
H. Site planning procedure.
1. Pre-application meeting: Prior to the submittal of a tentative subdivision plat, the applicant shall prepare a tentative plat sketch proposal which shows the proposed conservation natural areas, the lot pattern, streets, and trail linkages of development areas and to meet with the planning official, or the planning official's designated representative, to discuss how the conservation subdivision standards can be applied to the subject property.
2. Tentative plat. The tentative plat shall be prepared in compliance with the following design process:
a. Determine the maximum density yield.
b. Identify conservation natural areas. All potential conservation natural areas are to be identified. Lands shall be considered for designation as conservation natural areas in the following order:
1) Areas which qualify as primary conservation features;
2) Areas which qualify as secondary conservation features;
3) Areas the property owner may want to preserve.
c. Identify development areas. The areas that are not identified as conservation natural areas and are available for development.
d. Locate building sites. The approximate sites of individual buildings are tentatively located.
e. Align streets. Streets shall be laid out in a way that avoids, or at least minimizes, adverse impacts on conservation natural areas to the greatest extent practicable. Wash crossings and streets traversing existing slopes greater than fifteen percent (15%) are discouraged.
f. Draw the lot lines. The lot lines should, where possible, be located approximately midway between house locations and may include L-shaped lots which meet county standards.
3. County evaluation of tentative conservation subdivision plat. Development services shall review the plat to ensure that the design is appropriate to the site's natural, historic, and cultural features and the purposes of this section. Diversity and originality in lot layout are encouraged to achieve the best possible relationship between development and conservation natural areas. To the greatest extent possible and practicable, the layout of a tentative plat shall meet the following standards:
a. Protects and conserves riparian areas, slopes greater than fifteen percent (15%), and designated peaks and ridges from clearing, grading, filling, or construction except as may be approved for essential infrastructure;
b. Creates buffer areas to minimize conflicts between residential uses, public preserves, and wildlife habitat;
c. Locates development on the least environmentally sensitive areas of the site with the least intrusion into primary and secondary conservation features and is least disruptive to connections with public preserves and surrounding undeveloped indigenous habitat;
d. Protects wildlife habitat areas of species listed as endangered, threatened, or of special concern by the U. S. Fish and Wildlife Services, Arizona Game and Fish Department, and the adopted Sonoran Desert Conservation Plan.
e. Minimizes development impacts on ironwoods, saguaros and their understory, and large clusters of sensitive plant groups protected by the native plant preservation standards (Chapter. 18.72);
f. Avoids siting dwellings on prominent hilltops or ridges by taking advantage of lower topographic forms;
g. Designs around and preserve sites of historic, archeological, or cultural value and their environs insofar as needed to safeguard the character and integrity of the feature;
h. Improves public safety and protects the character of scenic routes by avoiding lot development which directly accesses onto scenic routes that are also major routes;
i. Where trails are provided, they shall be designed as a pedestrian circulation path system to ensure that pedestrians can walk safely and easily on the site, between properties and activities or special features within the neighborhood open space system;
j. Provides natural areas that are contiguous and whose configuration minimizes fragmentation of natural areas within the development;
k. Incorporates a water harvesting plan.
l. Revegetation shall be indigenous trees, shrubs, and ground cover to simulate when practicable understory, midstory, and canopy of adjoining natural areas.
I. Lot development. Lots thirty-six thousand (36,000) square feet or greater with grading areas greater than fourteen thousand (14,000) square feet shall, at the time the lot is developed, incorporate a thirty percent natural area set aside into the lot design, if not already delineated by the plat. The natural area set aside should, when possible, provide connections to adjoining common or individual lot conservation natural areas, and building area footprints should be minimized. To the maximum extent possible, open space areas adjacent to streets that are located on individual lots shall be left natural.
J. Conservation natural areas ownership and maintenance. Conservation natural areas shall be restricted to natural open space in perpetuity. The conservation natural areas shall remain undivided. Conservation natural areas located outside of individual residential lots shall be owned and managed by either a homeowners' association, the county, or a recognized land trust or conservancy.
1. Conservation natural areas located outside of individual lots shall be preserved by one of the following methods:
a. Dedication. Conservation natural areas may be dedicated to the county, either in fee simple or as a conservation easement, by a form of instrument approved by the county. The county may, but is not required, to accept conservation natural areas.
b. Transfer to a private conservation organization, land trust, or conservancy. Conservation natural areas may be transferred either in fee or by easement to a private nonprofit organization, among whose purposes it is to conserve conservation natural areas and/or natural resources provided that:
1) The organization is acceptable to the county;
2) The organization is a bona fide conservation organization with perpetual existence;
3) The conveyance contains appropriate provisions for the transfer of the conservation natural area to the county, an appropriate homeowners association, or another private nonprofit organization acceptable to the county, if the original organization becomes unwilling or unable to continue carrying out its function; and
4) A maintenance agreement approved by the county is entered into by the owner of the subdivision site and the non profit conservation organization.
c. Transfer to a homeowners' association and maintenance standards. If the conservation natural areas are to be owned and maintained by the homeowners' association of the subdivision, the subdivider shall record covenants, conditions and restrictions including maintenance and preservation standards, running with the land, providing for the creation of a homeowners' association. The covenants shall contain the following provisions:
1) A clause assuring that Pima County is not responsible for maintenance or liability of the common natural areas but that Pima County may enforce the maintenance and preservation standards;
2) A clause stating the common areas designated natural area on the subdivision plat shall be restricted to natural areas in perpetuity and maintained by the homeowners association and a requirement that the county is a third party beneficiary with a third party right of enforcement to such clause, and that the clause cannot be amended or repealed without the written consent of the county.
3) The developer shall present to the development services department a plan for the transfer of control of all common natural areas to the homeowners association;
2. Conservation natural areas on individual lots shall be preserved as recorded conservation easements. The conservation easement shall include a statement that all area within the conservation easement shall be preserved as natural open space and shall not be graded or disturbed except that previously graded or disturbed areas within the conservation easement shall be restored, and revegetated in conformance with the provisions of the following subsection 3.
3. Maintenance of conservation natural areas on individual lots:
a. Conservation natural areas shall be preserved as natural open space and shall not be graded or disturbed, except for restoration and the mitigation of previously disturbed area.
b. Existing grading or disturbance within the conservation natural area shall be restored, and mitigated subject to the following:
1) The existing grading and disturbance occurred two (2) years or more before the effective date of the ordinance that establishes this provision, and
2) The existing grading and disturbance was not created during the current owner's ownership of the lot, parcel, or project site.
3) An application for a building or grading permit on a lot, parcel, or project site that meets the preceding conditions in subparagraphs 1) and 2) shall be accompanied by a mitigation and revegetation plan which mitigates the existing grading and disturbance in conformance with the revegetation requirements of Section 18.61.100.F.2.i.2)
4) If the existing grading and disturbance does not meet one (1) or both of the preceding conditions in subparagraphs 1) and 2), then supplemental mitigation requirements may be established by the planning official or a hearing officer.
(Ord. 2015-7 § 3, 2015; Ord. 2001-22 § 1, 2001; Ord. 2000-66 § 1, 2000)
18.09.110 Two-story residential buffer setback.
A. Purpose.
1. To mitigate the impact of two-story development on adjoining one-story residential development by reducing views into the side and rear yards of existing adjoining developments.
2. To encourage less intrusive siting of two-story development in residential zones.
B. Definitions. For purposes of this section only:
1. Existing dwelling: A permitted residence that has had a final inspection.
2. Two-story residential buffer setback: The sixty-foot setback between a proposed two-story development and existing one-story residential development's property line. The setback shall be measured from the two-story portion of the proposed new development.
C. Applicability.
1. A two-story residential buffer setback shall be required adjacent to all two-story development adjoining to RH, GR-1, SH, SR, SR-2, CR-1, CR-2, CR-3, MU residential and CMH-1 zones or adjacent to any zone in another jurisdiction with a lot size approximately equivalent to the above named zones where the lot or lots in question are adjacent to existing one-story dwellings. The buffer setback applies to property zoned SP only when the SP lots are at the edge of the SP zone.
2. A two-story residential buffer setback shall be required when a new two-story dwelling is being constructed on a vacant lot in a subdivision that was recorded more than ten years ago, and the subdivision contains existing one-story dwelling units.
D. Exceptions. The following are exceptions to this section:
1. The applicant obtains an approved mitigation plan. The applicant shall prepare a mitigation plan showing how the proposed two-story dwelling units or buildings will not intrude on the privacy of existing one-story residences. The mitigation plan is subject to review by, and must receive approval from, the planning and zoning commission and thereafter must be implemented subject to all conditions of approval; or
2. The applicant obtains the consent of adjacent property owners. The applicant shall submit to the development services department a recorded agreement among adjacent property owners of lots having an existing one-story dwelling stating a two-story building is acceptable; or
3. The applicant provides documentation that non-consenting adjacent property owners do not have an existing one-story home within 100 feet from the proposed two-story development. The applicant shall submit a site plan prepared by a registered surveyor, registered architect, or other similar registered professional showing that the distance between the closest point of an existing one-story dwelling on adjoining property and the proposed two-story dwelling is at a minimum 100 feet, measured from the closest point of the two-story portion only; or
4. The applicant shall demonstrate that the highest point of the proposed two-story structure is equal to or below any non-consenting adjacent property owner's existing one-story residence's finished grade; or
5. The proposed two-story development is on a lot within the internal area of a subdivision when the subdivision is developed under the cluster development option, lot reduction option, lot development option, or conservation subdivision and both the two-story development and the existing one-story residence are located on lots under one acre in size.
E. Mitigation Plan Review Process. The Mitigation Plan Review Process is as follows:
1. Within the two-story residential buffer setback, a mitigation plan shall be approved by the planning and zoning commission at a public hearing after notice has been provided by mail fifteen days prior to the hearing to all owners of property within three hundred feet. The mitigation plan shall be submitted to the development services department and must meet department submittal policies.
2. A mitigation plan shall include screening or siting elements as needed that may include vegetative screening, walls, siting of buildings or windows, and eliminating balconies or similar features to reduce views towards the existing dwellings.
3. Appeal from a decision of the planning and zoning commission may be made to the board of supervisors within thirty days of the decision.
4. If a two-story residential buffer setback mitigation plan is approved by the board of supervisors as a condition of rezoning or of a special action, then the two-story residential buffer setback requirement may be satisfied so long as that plan is implemented.
F. Fees. A review fee that is the equivalent to the fee for a board of adjustment variance is required for mitigation plan review.
(Ord. 2007-101 § 1, 2007; Ord. 2004-20 § 1, 2004)