This title may be referred to as the town zoning code. All references to the planning and building department shall include by reference the zoning division of the planning and building department.
(Ord. 1995-06 § 2; Ord. 2011-048 § 1; Ord. 2015-098 § 1)
A. 
Purpose. A code:
1. 
Adopting an official land use plan:
a. 
Providing for the creation of zoning districts in Sahuarita, Arizona,
b. 
Prescribing area requirements, the classes of uses of buildings, structures, improvements and premises in said several zoning districts;
2. 
Adopting a map of said zones;
3. 
Defining the terms used in said code;
4. 
Establishing boards of adjustment and appeals;
5. 
Providing for the adjustment, amendment and enforcement of said code; and
6. 
Prescribing penalties for the violation thereof.
B. 
Adoption. For the promotion and protection of the public health, peace, safety, comfort, convenience and general welfare, and in order to secure for the citizens of Sahuarita, Arizona, the social and economic advantages of an orderly, efficient use of land, and as a part of the master plan for said town, there is hereby adopted and established an official land use plan and zoning code for Sahuarita, Arizona, and rules, regulations and plans by which the future growth and development of said town may be directed in accordance with said plan and code, as provided in ARS 9-461, et seq.
(Ord. 1995-06 § 2; Ord. 2011-048 § 1)
A. 
Guiding Principles. The following principles and rules are hereby adopted as a guide in the use and application of this code:
1. 
The powers of the town council, the planning and zoning commission, the board of adjustment, the zoning administrator and all other persons or agencies charged with the administration of this code shall be strictly limited by the expressed intent of the legislature in the enactment of ARS 9-461, et seq., and by the language of this code.
2. 
All terms used herein shall be interpreted according to their common, plain, natural and accepted usage when not otherwise defined herein.
3. 
In any dispute concerning the application of any provision of this code, that solution shall be favored which is most reasonable with regard to the general purpose of this code and the established and accepted principles of American planning and zoning law.
4. 
The application of this code to any property or use classified herein shall be governed by all the particular facts in each individual case, and the fundamental rights of any individual owner shall not be prejudiced by reason of being in a minority, either in numbers or in land owned, and any such owner shall be entitled to a balancing of equities of all the interests concerned in said application.
5. 
The right of every affected property owner to petition and to be heard whenever the application of this code is at issue shall be strictly observed at all times.
6. 
No special favors or privileges shall be granted to any individual or group of property owners and no permit shall be issued under the terms of this code which will or might reasonably tend to destroy the established economic or social uses and values of adjacent or surrounding properties.
7. 
On every application of this code to any given area, the relative importance of the interests involved shall be as follows:
a. 
First, established conforming uses of adjacent or surrounding properties having an equal or higher classification;
b. 
Second, the cost of tax-supported and other public services to the area affected, and the increased or decreased share of this cost which might be borne by said area if a proposed use or change of classification is permitted; and
c. 
Third, the value of the proposed classifications and uses to the orderly development of the neighborhood or area affected.
8. 
The theory and use of "spot" zoning is hereby specifically repudiated in the application of any classification of this code to any given land area.
B. 
Regulations. Except as hereinafter provided:
1. 
All property, except that covered by statutory exemptions, shall be hereby governed according to the type of zone in which the same is located, as shown on the zoning maps adopted and made part hereof, and shall be subject to the regulations hereinafter set forth for such zones, the regulations applying to specific uses and the general regulations hereinafter set forth;
2. 
When property designated for use in a specific zone is restricted in any manner, it shall be so labeled with an (R) so as to indicate that upon the public record restrictions exist;
3. 
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designed or intended to be used for any purpose or in any manner other than a use listed in this code, or amendments thereto, as permitted in the zone in which such land, building or premises is located;
4. 
No building shall be erected, nor shall any existing building be moved, reconstructed or structurally altered to exceed in height the limit established by this code, or amendments thereto, for the zone in which such building is located;
5. 
No building shall be erected, nor shall any existing building be moved, altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner except in conformity with the building site requirements and the area and yard regulations established by this code, or amendments thereto, for the zone in which such building is located;
6. 
No yard or other space provided about any building for the purpose of complying with the regulations of this code, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure;
7. 
No structure shall be erected in a required front yard, side yard or rear yard, except as specifically permitted herein; and
8. 
The express enumeration and authorization herein of a particular class of building, structure, premises or use in a zone shall be deemed a prohibition of such building, structure, premises or use in all other zones of more restrictive classification.
C. 
Statutory Exemptions.
1. 
As specified in ARS 9-462.02 (Nonconformance to Regulations; Outdoor Advertising Change; Enforcement):
a. 
The municipality may acquire by purchase or condemnation private property for the removal of nonconforming uses and structures. The elimination of such nonconforming uses and structures in a zoned district is for a public purpose. Nothing in an ordinance or regulation authorized by this article shall affect existing property or the right to its continued use for the purpose used at the time the ordinance or regulation takes effect, nor to any reasonable repairs or alterations in buildings or property used for such existing purpose.
b. 
A municipality shall not require as a condition for a permit or for any approval, or otherwise cause, an owner or possessor of property to waive the right to continue an existing nonconforming outdoor advertising use or structure without acquiring the use or structure by purchase or condemnation and paying just compensation unless the municipality, at its option, allows the use or structure to be relocated to a comparable site in the municipality with the same or a similar zoning classification, or to another site in the municipality acceptable to both the municipality and the owner of the use or structure, and the use or structure is relocated to the other site. The municipality shall pay for relocating the outdoor advertising use or structure including the cost of removing and constructing the new use or structure that is at least the same size and height. This subsection does not apply to municipal rezoning of property at the request of the property owner.
c. 
A municipality must issue a citation and file an action involving an outdoor advertising use or structure zoning or sign code violation within two years after discovering the violation. Such an action shall initially be filed with a court having jurisdiction to impose all penalties sought by the action and that jurisdiction is necessary for effective filing. Only the superior court has jurisdiction to order removal, abatement, reconfiguration or relocation of an outdoor advertising use or structure. Notwithstanding any other law, a municipality shall not consider each day that an outdoor advertising use or structure is illegally erected, constructed, reconstructed, altered or maintained as a separate offense unless the violation constitutes an immediate threat to the health and safety of the general public.
D. 
Provisions for Nonconforming Uses and Buildings.
1. 
Nonconforming Uses Exempted.
a. 
As specified in ARS 9-462.02, nothing in this code shall affect existing property or the right to its continued use for the purpose used on July 19, 1995, or prior to annexation, nor to any reasonable repairs or alterations in buildings or property used for such existing purpose, or for any other use of the same or a more restrictive classification.
b. 
A nonconforming business use within any district or zone shall have the right to expansion, provided it does not exceed 100 percent of the area of the original business. Area of the original business is defined as being any land or building, or both, improved for a business purpose.
c. 
The term "business use," as used in this subsection, shall be limited to the uses described in Chapter 18.42 STC, STC § 18.51.030(B) and (C) (I-1 Light Industrial/Warehousing Zone), and 18.53.030(B) and (F) (I-2 General Industrial Zone).
2. 
Nonconforming Use of Land. The lawful use of land existing at the time this code or any preceding town of Sahuarita zoning ordinance became effective, or on the effective date of any amendment of the text or of the maps hereof, although such use does not conform to the provisions hereof for said land, may be continued, but if such nonconforming use is discontinued for a period of 12 months, any future use of said land shall be in conformity with the provisions of this code.
3. 
Nonconforming Use of Buildings.
a. 
The lawful use of a building existing on July 19, 1995, or prior to annexation, although such use does not conform with the provisions hereof for such building and such use, may be continued provided no structural alterations, except those required by law or ordinance or permitted by the board of adjustment (Chapter 18.93 STC, Board of Adjustment Variances, Temporary Use Permits and Interpretations) under this code, are made therein.
b. 
If any such nonconforming use is discontinued for a period of 12 months, any future use of said building shall be in conformity with the provisions of this code; provided, that the owner of any building which was under construction or vacant on July 19, 1995, or date of annexation and was designed for a use not in conformity with the zoning classification in which it was located on said date, may, upon application, have a certificate of nonconforming use issued by the zoning administrator within 60 days from July 19, 1995, or date of annexation, which certificate shall establish the nonconforming character of said building for a period not to exceed 12 months from July 19, 1995, or date of annexation. Occupancy of said building by a use permitted under said certificate during said period shall establish said use as a nonconforming use under this subsection. A certificate for an additional period of not more than 12 months may be granted by the board at or before the expiration of the original certificate upon the showing of extreme hardship and that the surrounding area would not be subject to additional damage thereby.
4. 
Plans for Nonconforming Use.
a. 
Any owner of land zoned under this code shall file in writing with the planning and zoning commission within 180 days after July 19, 1995, or date of annexation, a plan of development for such land, including uses not permitted by the zoning code, and shall be issued a special nonconforming hardship use permit by the board of adjustment for said proposed development, or any part thereof, at any time within two years from July 19, 1995, or date of annexation.
b. 
If any temporary governmental regulation prohibiting the proposed development is in full force and effect during said two-year period, the time limit shall be extended for an additional period equal to the time said governmental regulation is in effect, but no such permit shall be issued more than five years after July 19, 1995, or date of annexation.
c. 
Said plan of development with necessary plans shall show the legal description of the land and the location of proposed buildings and improvements in sufficient detail to determine the conformity or nonconformity of the proposed uses. Any use proposed in any such plan of development shall conform to the minimum standards of the most restrictive zone in which said use would be a nonconforming use under this code.
5. 
Alteration of Nonconforming Buildings. No existing building designed, arranged or intended for or devoted to a use not permitted under the regulations of this code for the zone in which located shall be enlarged, extended, reconstructed or structurally altered unless such building and such enlargement, extension, reconstruction and structural alterations, and the further use thereof, conform in every respect with the regulations specified by this code for such zone in which said building is located, except a nonconforming business use as provided in subsection (D)(1) of this section, but nothing in this subsection shall authorize the violation of any setback, health or sanitary law, ordinance or regulation not a part of this code.
6. 
Destroyed Nonconforming Buildings.
a. 
If, at any time, any building in existence or maintained on July 19, 1995, or date of annexation, and which does not conform to the regulations for the zone in which it is located, shall be destroyed by fire, explosion, act of God or act of the public enemy to the extent of 100 percent of its value, according to the appraisal thereof by competent appraisers, then and without further action by the town council the said building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all of the regulations specified by this code for the zone in which such land and building are located.
b. 
In the event a building is destroyed to the extent of 100 percent of its value, the owner thereof shall have the right to rebuild for said use; provided said structure is rebuilt in conformance with the requirements of the most restrictive zone in which said nonconforming use would otherwise be permitted and provided permits for such construction are obtained within three months of the date of destruction and such construction is started within six months of the date of destruction.
E. 
Zoning Clearances. A zoning clearance shall be required for the erection, construction, reconstruction or alteration of any structure, or the change in use of any property or structure, whether or not such activity requires a building permit.
(Ord. 1995-06 § 2; Ord. 2001-09 §§ 1 – 3; Ord. 2011-048 § 1; Ord. 2015-105 § 1)
A. 
Interpretation.
1. 
Interpreting and applying the provisions of this code, they shall be held to be the minimum requirements adopted for the promotion of public safety, health, convenience, comfort, prosperity and general welfare.
2. 
It is not intended by this code to repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of law or ordinance previously adopted pursuant to the laws relating to the use of building or premises, or relating to the erection, construction, establishment, alteration or enlargement of any buildings or improvements, except to the extent any existing provisions conflict with or are inconsistent with the valid provisions of this code, and to that extent and no more, the same are hereby repealed.
B. 
Conflict. It is not intended by this code to interfere with or abrogate or annul any easement, covenant or other agreement between private parties, but where the zoning provisions of this code are more restrictive than any existing private restrictive covenant affecting any portion of the town of Sahuarita, said zoning provisions shall prevail over said private covenant.
C. 
When interpreting the specific language of the zoning code, ambiguities and conflicting provisions shall be resolved by reference to the following guidelines:
1. 
The chapter purpose statements, the general purpose of the zoning code and the type and intent of the zone;
2. 
Use compatibility within a zone;
3. 
Impact on other property within the zone, and adjacent or affected property;
4. 
Context of the section; and
5. 
Compatibility with applicable zoning code sections and other town of Sahuarita regulations.
(Ord. 1995-06 § 2; Ord. 2011-048 § 1)
This code and the various parts thereof are hereby declared to be severable. Should any chapter, section, subsection or provision of this code be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the code as a whole, or any portion thereof other than the chapter, section, subsection or provision so declared to be unconstitutional or invalid.
(Ord. 1995-06 § 2; Ord. 2011-048 § 1)
A. 
Purpose. As authorized by ARS 9-462, this section establishes a public process for code text amendments, upon recommendation by the planning and zoning commission and adoption by the town council, that are consistent with the guiding principles of this code.
B. 
Initiation.
1. 
The town council or the planning and zoning commission is responsible for the initiation of code amendments, and may hear requests for the same from private individuals who have submitted evidence that public benefit would result from such amendment. The town council, if initiating the code amendment, shall set the amendment for the planning and zoning commission public hearing;
2. 
The planning and zoning department is responsible for the development and coordination of code text amendments.
C. 
Planning and Zoning Commission Review.
1. 
Commission Preliminary Review.
a. 
A preliminary hearing, as may be required by written commission policy, shall be held by the commission to determine the merits of the draft text amendment, unless the amendment has been initiated by the town council;
b. 
The commission may set the proposed amendment for public hearing, remand it to the department for further development, deny the request, or continue the hearing for a definite time not to exceed nine months;
2. 
Commission Public Hearing.
a. 
Public hearing notice shall be provided as directed by the town council for each proposed text amendment pursuant to at least one of the following notification procedures:
(1) 
By first class mail to each real property owner, as shown on the last assessment, whose real property is directly affected by the changes,
(2) 
By publishing a "display ad" covering not less than one-eighth of a full page in a newspaper of general circulation in the town. The town shall also send notice by first class mail to persons who register their names and addresses with the town as being interested in receiving such notice. The town shall charge a fee of $5.00 per year for providing this service;
b. 
The commission shall hold, at a minimum, one public hearing at which all interested parties may appear and shall be heard;
c. 
The commission may continue the hearing for a definite time not to exceed nine months;
d. 
After the public hearing, the department shall transmit the findings and recommendation of the commission to the town council.
D. 
Town Council Review. Public hearing notice shall be provided by publishing such changes prior to the first hearing on such changes in a newspaper of general circulation in the town. The changes shall be published in a "display ad" covering not less than one-eighth of a full page.
E. 
Public Notice Register. The town shall annually publish a public notice register application form in a newspaper of general circulation in the town. The form shall not be less than one-eighth of a page. Persons included in the public notice register shall receive notice in conformance with subsection (C)(2)(a) of this section.
F. 
Receipt of Notice. The failure to receive notice by any person or entity shall not constitute grounds for any court to invalidate the actions of the town for which the notice was given.
(Ord. 1995-06 § 2; Ord. 2011-048 § 1)