Sahuarita City Zoning Code

Single detached or one-family dwelling;

Accessory building or use;

Religious use, providing the minimum off-street parking requirements, as set forth in Chapter 18.75 STC (Off-Street Parking and Loading Standards), are met;

Home-based business (refer also to STC § 18.09.030);

Medical marijuana designated caregiver cultivation location. A designated caregiver may cultivate at their primary residence for a single qualified patient subject to compliance with ARS Title 36, Chapter 28.1 and with the following conditions:

Medical marijuana qualifying patient cultivation location. A qualifying patient may cultivate at their primary place of residence subject to compliance with ARS Title 36, Chapter 28.1 and the requirements of subsection (A)(1)(e) of this section;

Public park;

If licensing is required by the state of Arizona for the use, proof of such licensure shall be provided to the planning and building department.

The number of residents excluding staff shall not exceed 10.

No group care home shall be located on a lot with a property line within 1,200 feet, measured in a straight line any direction, of the lot line of another such group home.

There shall be no exterior signage or other exterior indication that the property is being used as a group care home.

Large and/or multiple trash receptacles not usually found in a residential area shall be screened from public view.

The group care home must meet all applicable building and fire safety regulations.

The group care home must meet off-street parking requirements as established in STC § 18.75.030.

The applicant demonstrates that the proposed group care home can and will emulate a biological family and function as a residential use rather than an institutional or other nonresidential use.

The applicant demonstrates that the proposed group care home needs to house more than 10 residents for financial or therapeutic reasons.

The applicant demonstrates that the proposed group care home will not interfere with the normalization and community integration of the residents of any existing group care home and that the presence of other group care homes will not interfere with the normalization and community integration of the residences of the proposed group care home.

The applicant demonstrates that it will operate the home in a manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of the occupants of the proposed group care home.

The applicant demonstrates that the proposed group care home in combination with any existing group care homes will not alter the residential character of the surrounding neighborhood by creating an institutional atmosphere or creating a de facto social services district by concentrating group care homes on a block or in a neighborhood.

An applicant may appeal the denial of a waiver for reasonable accommodation by the zoning administrator or designee pursuant to STC § 18.93.060.

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

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

Hours of operation shall be between 6:00 a.m. and 9:00 p.m.,

License. The child care center shall be licensed to operate as a child care center by the Bureau of Child Care Licensing of the Arizona Department of Health Services.

A Class I home-based business is conducted entirely from within the principal residence or a portion of an accessory building not exceeding 200 square feet.

A Class II home-based business will be required if the home-based business is not conducted entirely from within the principal residence or a portion of an accessory building not exceeding 200 square feet.

Child Care Home-Based Business. During the hours of activity of the child care use both indoor and outdoor areas may be devoted to the use.

A Class I home-based business shall not have more than five customers per day.

A Class II home-based business will be required if there are more than five customers per day.

Child Care Home-Based Business. Services shall be provided for no more than six children unrelated to the resident child care provider at one time.

A Class I home-based business shall use no more than:

A Class II home-based business will be required if the use requires more than:

Child Care Home-Based Business. During the hours of activity of the child care use, there is no limit to the amount of floor area devoted to the secondary use.

Unique opportunities for creative site planning and harmonious design with the natural features and constraints of specific sites, and particularly on sites possessing unique or severe topographic or hydrologic features;

Protection of natural habitat, historic structures and areas of cultural significance;

Design innovation;

Flexibility in the siting of structures and roadways;

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

Additional open space for public and private or community purposes;

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

Manmade impervious surfaces shall not exceed three percent within areas so designated.

Structures within the functional open space are required to follow the applicable town building codes (STC Title 15).

At the perimeter of the development, the setbacks of the zoning district apply.

Minimum distance between cluster groupings: 20 feet.

Internal structure setbacks: subject to building code requirements.

All residential units may be common-walled or detached.

All common-walled units shall not be formed into cluster groupings that exceed seven common-walled residential units each.

Cluster groupings shall be separated by cluster open space to provide spatial definition between groupings.

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

By a homeowners' association, as specified in this section; or

By the town of Sahuarita, as legally dedicated to and approved by the town council.

Required fees to the planning and building department, along with the required number of copies of the plat, as prepared in accordance with this subsection G;

An evaluation narrative of the effect of the proposed development on adjacent properties, in accordance with the site analysis;

Calculations indicating the required minimum open space acreage is provided for cluster and open space calculations;

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

Landscape plan, in accordance with Chapter 18.73 STC (Landscaping, Buffering and Screening Standards); and

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

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

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 per subsection (J)(2) of this section;

A preapplication meeting with DRC (development review committee) is required.

Review by planning staff is required for all proposals prior to the submittal of a cluster tentative plat.

The developer is required to host a public neighborhood meeting at least 14 days prior to submittal and invite all property owners within 300 feet of the proposed cluster subdivision.

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.

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

Cluster open space intended for a recreation or common use shall be easily accessible to pedestrians, and accessibility shall meet the needs of individuals of all ages and abilities.

Manmade impervious surfaces shall not exceed three percent within the areas designated as functional open space.

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.

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

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.

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.

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.

Cluster open space,

Parks,

Buffers,

Landscaping,

Recreational facilities,

Streets and trails, and

Private sewers, utilities and septic systems.

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.

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.

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 25 years, and shall be automatically extended for successive periods of 25 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.

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.

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

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 town 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 30 days thereof, and shall state the date and place of a public hearing thereon which shall be held within 20 days of the notice.

At such hearing the town 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.

If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extension thereof, the town, 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.

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.

Before the expiration of said one-year period, the town 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 town council, at which hearing the organization shall show cause why such maintenance of the town shall not, at the election of the town council, continue for a succeeding one-year period.

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

If the town council determines that such organization is not ready and able to maintain the common open space and improvements in a reasonable condition, the town 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.

The covenants shall further provide that the cost of such maintenance by the town 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 30 days after receipt of a statement.

The planning and building department;

The department of transportation and flood control district;

The wastewater management department; and

The property management division.

Such permitted models shall not be sold or occupied for residential purposes until the proposed zoning ordinance has been adopted by the town council;

The issuance of model permits shall not be construed as a commitment by the town to approve the subdivision plat or grant the proposed zoning; and

The applicant is solely responsible for any financial expenditures or obligations made as a result of the issuance of such model permits.