Reserved.
(Ord. 1995-06 § 2; Ord. 2011-048 § 1)
A.
Splitting of Lots.
1.
No lot or parcel of land held under one ownership on July 19, 1995, shall be reduced in size below the minimum lot area or lot width required by this code; and
2.
No building or use permit shall be issued for such deficient lot or parcel or portion thereof, except that on one street frontage of any one block of a subdivision, where lots having less than the minimum lot area or lot width existed prior to July 19, 1995, and existing unimproved lots so that minimum-size building lots may be used if split in accordance with the pattern previously established for the block; provided, that any new lot or building site so formed has not less than 80 percent of the minimum lot area and lot width required in the zone.
B.
Exceptions for Lots of Record.
1.
This subsection shall apply to any lot:
a.
Shown upon an official subdivision map duly approved and recorded prior to July 19, 1995; or
b.
For which a bona fide deed is on record in the office of the county recorder; or
c.
For which a valid, bona fide contract of sale was in full force and effect on July 19, 1995, and said map, deed or contract of sale was of record on said date; or
2.
Any such lot may be used as a building site; provided:
a.
The yard and other requirements of this code are complied with; or
b.
If private subdivision restrictions or regulations were of record and unexpired on July 19, 1995, establishing less restrictive yard and area requirements for said lot, and at least one lot in said subdivision was improved in compliance with said private restrictions prior to said effective date, the zoning administrator may issue a permit under said private restrictions as to yard and area requirements for any use permitted by this code for said lot, but no permit shall be issued for more than one dwelling unit on any lot having less than the minimum area per dwelling unit of the zone in which said lot is located;
3.
Each minimum side yard may be reduced by two inches for each one foot by which such lot is narrower than 55 feet; provided, that no minimum side yard shall be narrower than five feet;
4.
The minimum rear yard may be reduced three inches for each one foot by which such lot is less than 125 feet in depth; provided, that no minimum rear yard shall be less than 20 feet.
C.
Area, Screening and Setback Credits for Trails Access Dedications.
1.
The area of a lot or parcel dedicated to the town for public trails access shall be credited to the lot or parcel to satisfy any area, screening or setback requirement of a rezoning, this code or any permit issued thereunder.
2.
Requests for the implementation of an area, screening or setback credit for public trails access shall be initiated by or submitted for approval to the director of the parks and recreation department.
3.
Dedications and requests so approved by the director of the parks and recreation department shall be forwarded to the town council for acceptance.
(Ord. 1995-06 § 2; Ord. 2011-048 § 1)
A.
Gasoline Service Stations.
1.
No gasoline filling station or automobile repair shop shall have an entrance or exit for vehicles on the same side of the street within 35 feet of a residential zone.
2.
Aboveground storage of gasoline or other flammables for consumption off site is permitted as an accessory use to a gasoline service station subject to the following:
a.
Storage tanks are subject to screening and other design requirements as provided in Chapter 18.82 STC, Design Standards.
b.
Storage of gasoline or other flammables above ground level in legally accepted containers of 55 gallons or less is permitted in all zones.
c.
Storage of gasoline or other flammables above ground level in legally accepted containers of greater than 55 gallons is permitted subject to the following:
(1)
In rural, residential, NC, and MX zoning districts, storage in containers of up to 100 gallons water capacity is subject to a Type 2 conditional use permit.
(2)
In B-1 zoning districts, storage in containers up to 100 gallons water capacity is permitted by right, subject to minimum setbacks of 100 feet from any property line adjacent to a rural or residentially zoned parcel and 50 feet from all other property lines. Storage in containers up to 600 gallons water capacity is subject to a Type 2 conditional use permit.
(3)
In B-2 zones, storage in containers up to 1,000 gallons water capacity is permitted by right, subject to minimum setbacks of 100 feet from any property line adjacent to a rural or residentially zoned parcel and 50 feet from all other property lines. Storage in containers up to 2,000 gallons water capacity is subject to a Type 1 conditional use permit.
(4)
The maximum height of a tank is 10 feet above grade, excepting venting, manways, and filler caps.
(5)
An aboveground storage tank must have a secondary containment tank.
(6)
A concrete pad must be provided under all tanks.
(7)
The construction, installation, and location of the aboveground storage tanks and the types of materials to be stored in the tanks must be approved by the town and state fire marshals.
d.
These regulations do not supersede or replace any other applicable town, county, state, or federal regulations and requirements for aboveground storage tanks.
3.
All exterior light sources, including canopy, perimeter, and flood, shall be stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. No lens of any lighting fixture may extend below the shielding device.
4.
A minimum of one permanent, non-flammable trash receptacle shall be installed at each pump island.
5.
Pump islands shall be covered by a canopy that matches or complements the design of the main structure.
6.
For gasoline service stations within or adjacent to rural or residential zones, a "good neighbor policy" in narrative form is required to be submitted to the planning and building department at the time of development plan submittal, which includes, but is not limited to, descriptions of acceptable measures to ensure ongoing compatibility with adjacent uses, including sound attenuation, lighting control measures, litter control measures and vehicular access and traffic control. The policy shall also include complaint response procedures, including investigation, remedial action, and follow-up.
B.
Maintenance of Stock-Tight Fences. All livestock and poultry kept in any rural, residential, business or industrial zone shall be kept confined by fences or other restraints of sufficient strength and durability to prevent such livestock and poultry from roaming at large. In the RH, SR, and SR-2 Zones and unsubdivided parcels zoned GR-1, SH and R-1, such fences may be constructed of barbed wire. Use of barbed wire in any rural or residential zone is limited to containment of livestock and poultry.
C.
Junk Storage in Residential and Commercial Zones. There shall be no open storage of used materials, appliances, furniture, machinery, etc., in any required yard in rural, residential, NC, MX, or B-1 Zones.
D.
Swimming Pools.
1.
Private Swimming Pools. All private swimming pools shall be regulated according to the following requirements:
a.
Swimming pools shall be subject to the front yard requirements of that zone in which they are permitted and shall be located no closer than three feet from any side or rear property line of said zone.
b.
Outdoor lighting shall be hooded and controlled so that the source of the light shall not be visible from any adjoining residential zone beyond the boundary of the site.
2.
Public, Semi-Public and Commercial Swimming Pools. All public, semi-public and commercial swimming pools shall be regulated according to the following requirements:
a.
Swimming pools shall be subject to the front, side and rear yard requirements of that zone in which they are permitted.
b.
Outdoor lighting shall be hooded and controlled so that the source of the light shall not be visible from any adjoining residential zone beyond the boundary of the site.
c.
No mechanical device for the reproduction or amplification of sounds and in connection with swimming pools shall create a nuisance to adjacent residential properties through the emission of noises, voices or music which is loud enough to cause complaints from adjacent residential property owners.
E.
Beekeeping.
1.
The following beekeeping regulations apply to all zoning districts:
a.
The density of colonies in any zoning district shall not exceed one colony of bees for each 2,500 square feet of lot area.
b.
If bees are kept within 30 feet of any exterior lot boundary line, a barrier shall be erected that will prevent bees from flying through it. Such barrier shall:
c.
Fresh, clean watering facilities for bees shall be provided on said premises.
2.
Registration.
a.
Each beekeeper shall register the beekeeping operation with the Arizona Commission of Agriculture and Horticulture.
b.
The bees and equipment shall be kept in accordance with the laws of the state of Arizona as set forth in the Rules and Regulations of the Arizona Commission of Agriculture and Horticulture relating thereto, and all laws, rules and regulations amendatory thereof and supplementary thereto.
3.
Exceptions.
a.
An exception to the provisions of this subsection shall be permitted for a period not to exceed 60 days for bees actively participating in commercial agricultural activities.
b.
Nothing in this subsection shall be deemed or construed to prohibit the keeping of bees located or kept within a government facility, a school, or a university facility for the purpose of study or observation.
F.
Minor Resort Regulations.
1.
Scope. This subsection shall be applicable to minor resorts in any zone where permitted as a conditional use;
2.
Intent. These regulations are intended to allow for minor resorts which meet the lodging, convention and recreational needs of short-term visitors to the town of Sahuarita and are not intended to allow for the development of residential units for permanent or long-term residential use;
3.
Accessory Uses.
a.
Permitted Uses.
(1)
Meeting rooms;
(2)
Restaurants and drinking establishments;
(3)
Retail and service establishments; provided, that the total floor area of all such establishments does not exceed five percent of the total floor area of the minor resort;
(4)
Swimming pools and spas;
(5)
Game courts such as tennis and racquetball;
(6)
Fitness and exercise centers; and
G.
Fire Stations.
2.
In rural and residential zones, a Type 2 conditional use permit with a hearing notification area of 500 feet is required in accordance with Chapter 18.97 STC.
3.
4.
Performance Standards.
a.
Off-Street Parking. All parking for employees and visitors shall be off-street and shall be provided in accordance with Chapter 18.75 STC (Off-Street Parking and Loading Standards).
b.
Landscaping and Screening. Landscaping and screening shall be provided in accordance with Chapter 18.73 STC.
c.
Traffic Safety. The provision of access for emergency vehicles shall include appropriate methods to minimize the endangerment of passing vehicles.
H.
Reserved.
(Ord. 1995-06 § 2; Ord. 2011-048 § 1; Ord. 2015-105 § 1; Ord. 2016-110 § 1; Ord. 2016-112 § 1; Ord. 2023-167 § 1; Ord. 2025-186 § 1 (Exh. A))
A.
Additional Permitted Uses. The following accessory uses shall be permitted in any zone when the principal use itself is permitted:
B.
Public Utilities Permitted.
1.
Nothing in this code shall prevent the location, erection, alteration or maintenance of pipes, poles, wires, and similar installations necessary to distribute public facilities;
2.
In addition to other provisions of this code, the uses of this subsection shall be permitted in any zone and shall not be subject to the minimum lot area requirements. Barbed wire may be used on fences and walls for security purposes, provided the wire is more than six feet above ground level;
3.
Water pumping and storage facilities operated as part of a system serving two or more properties as a public, private or community utility:
a.
Subject to the requirements for detached accessory buildings in the zone in which located,
b.
Provided a wall or hedge is used to screen the site,
c.
Where a tower more than 20 feet in height is used in conjunction with such facilities, its center shall be located a distance from any lot line equal to not less than one-half its height;
4.
5.
Power substations with an input voltage of 115 kilovolts or greater shall be subject to the following requirements:
a.
Setback. That the facility, including walls or equipment, is located no closer than 200 feet to any existing residential property line,
c.
Height. That the facility observe the height restriction of the zone in which located,
d.
Notification. When the utility purchases land with the intent of constructing a power substation facility, the property must be posted stating that intent,
f.
The town council may waive the minimum requirements of subsections (B)(5)(a) through (e) of this section, or impose more restrictive requirements at an advertised public hearing if the town council determines such an action is in the public interest,
h.
The town council may approve or deny an application and may impose reasonable conditions upon the issuance of a substation permit and shall consider the following factors:
(1)
Existing plans of the state, local government and private entities for other developments at or in the vicinity of the proposed site,
(2)
Fish, wildlife and plant life and associated forms of life upon which they are dependent,
(3)
Noise emission levels and interference with communication signals,
(4)
The proposed availability of the site to the public for recreational purposes, consistent with safety considerations and regulations,
(5)
Existing scenic areas, historic sites and structures or archaeological sites at or in the vicinity of the proposed site,
(6)
The total environment of the area,
(7)
The technical practicability of achieving a proposed objective and the previous experience with equipment and methods available for achieving a proposed objective,
(8)
The estimated cost of the facilities and site as proposed by the applicant and the estimated cost of alternative facilities and sites, recognizing that any significant increase in costs represents a potential increase in the cost of electric energy to the customers or the applicant,
(9)
Any additional factors which require consideration under applicable federal, state, county, and town of Sahuarita laws,
(10)
The town council shall give special consideration to the safety and health of neighboring residents,
i.
The requirements of subsections (B)(5)(g) and (h) of this section shall be eliminated on those sites which are considered by the Arizona Power Plant and Transmission Line Siting Committee when that committee contains adequate local representation. The determination of adequate local representation on the committee shall be made by the town council at a public hearing.
C.
Clay, Sand or Gravel Pits, Rock or Stone Quarries, Gas or Petroleum Drilling Permitted. Clay, sand or gravel pits, rock or stone quarries and drilling for petroleum or natural gas may be permitted in the RH and I-2 zones; provided, that said use is designed and located so as not to create any unusual hazard or nuisance in the immediate neighborhood of the proposed site of said use, and the zoning administrator is hereby authorized to issue a permit for said uses under the conditions set forth in STC § 18.53.020(C) (I-2 General Industrial Zone).
(Ord. 1995-06 § 2; Ord. 2008-07 § 18; Ord. 2011-048 § 1; Ord. 2015-105 § 1; Ord. 2023-167 § 1)
A.
Exception for Walls and Fences. The yard and setback requirements of this code shall not apply to perimeter walls or fences:
1.
Six feet or less in height and designed as security, privacy or screening elements of the site or lot;
B.
Projections into Yards.
1.
Unroofed stairs and wheelchair ramps with a height of no more than six feet above grade including railings may project into any required front, side, or rear setback.
2.
Patios, porches, platforms, decks and other similar unenclosed areas not covered by a roof or canopy and not over three feet high above the average natural grade may project into any required side or rear yard setback but shall be no closer than five feet from any property line.
3.
Building projections, window sills, cornices, bump outs, awnings, eaves, and other similar architectural features may extend no more than two feet into any required front, side or rear setback, but shall be no closer than two feet from any property line.
4.
In any business or industrial zone, a marquee, canopy or awning, suspended or cantilevered from a building, either for the purpose of, or for giving the appearance of shelter or shade, may project not more than 10 feet into any minimum front yard.
C.
Exception for Slope. Parking spaces or detached garages may be occupied or built to within five feet of the street line on any lot where:
1.
The slope of the front half of the lot is greater than one-foot rise or fall in a seven-foot run from the established street elevation at the property line; or
2.
The elevation of the front half of the lot is more than four feet above or below the established street elevation at the property line.
D.
Front Yard Exceptions for Existing Alignment.
1.
In any rural or residential zone: Where a lot adjoins lots having existing front yards less than the minimum required by this code, the minimum front yard on said lot shall be the average of the existing front yards on the two adjoining lots, or, if only one of the lots is built upon, such front yard shall be the average of the existing front yard of the adjoining lot and the minimum front yard of the zone, provided no such front yard shall be less than 10 feet.
2.
In any B-1 or B-2 Zone: Where one or more buildings used for commercial or industrial purposes and located on interior lots have existing front yards less than the minimum required by this code, the minimum front yard required on all other lots within the same block front and not more than 500 feet from said existing building need not be greater than the least front yard existing.
3.
In any zone: Any property fronting or abutting on a turnaround at the end of a cul-de-sac, or a similar increased radii of the street property line at the angle in a street, the minimum front yard required shall be one-half of the front yard required in the particular zone.
E.
Rear Yard Adjoining Alley.
1.
A minimum rear yard may be measured to the centerline of an alley adjoining such rear yard; provided, that the required rear yard shall not be reduced more than 10 feet.
2.
In any R-2 or denser residential zone where a 10-foot half right-of-way for an alley is provided, the first five feet of such half right-of-way multiplied by the width of any lot where it abuts on the alley may be included as part of the overall lot area for the purpose of meeting the minimum lot area requirements; provided, that the net rear yard is not less than 17 feet.
F.
Rear Yard Exception on Corner Lot. On any corner lot in an R-3, R-4, R-5, or B-1 Zone, the minimum rear yard may be reduced to not less than 10 feet from the rear property line, provided the minimum side yard on the side street is increased by 10 feet and the off-street parking provisions of Chapter 18.75 STC (Off-Street Parking and Loading Standards) are complied with.
G.
Height Limit Exceptions. The height limits of this code shall not apply to:
1.
Barns, chimneys, conveyors, cupolas, derricks, flagpoles, parapet walls extending not more than four feet above the height limit of the building, silos, smokestacks, power transmission towers, windmills and power transmission poles;
2.
Religious uses, hospitals, schools or other public and semi-public buildings. Any such building may be erected to a height not exceeding 44 feet, provided the minimum side and rear yards are increased by an additional foot in width or depth for each foot by which the height of such building exceeds the maximum height permitted in the zone in which such building is to be located;
3.
Bulkheads, elevator penthouses, monitors, scenery lofts and water tanks; provided, that:
a.
Such structures above the height limits specified for the zone shall not in the aggregate occupy more than 25 percent of the area of the lot, and
b.
No linear dimension of any such structure shall be greater than one-half of the length of the corresponding street lot line if the structure is within 25 feet of such street lot line;
4.
Towers, restricted to fire and hose towers, cooling towers for industrial operations, gas holders, grain elevators, sugar refineries or other structures where the manufacturing process requires a great height; provided, that such structures above the height limit specified for the zone shall:
5.
Natural convection towers except as provided in this subsection. A Type 2 conditional use permit shall be obtained for the tower and the proposed tower height must be approved by the town council at the conditional use public hearing. For the purpose of this paragraph, a "natural convection tower" means a chimney-like structure, which can be integrated with a main building and its HVAC (heating, ventilating and air conditioning) system, and uses natural convection to move air up or down the tower with the designed purpose and effect of cooling or heating the building with only limited, secondary use of fans or blowers. The following restrictions shall apply to such towers:
a.
A minimum of 75 percent of the height of the tower must be used for the natural convection chimney effect,
b.
A minimum of 50 percent of the cross-sectional area of the tower must be dedicated to airflow for the cooling operation,
c.
The minimum setback of the tower from any scenic route shall be three feet of horizontal distance for every foot of vertical tower height, with the setback measured from the edge of the street right-of-way as designated on the major streets and routes plan;
d.
The minimum setback of the tower from any property line shall be 25 feet, unless a greater building setback is required by the applicable zone, the major streets and routes plan, or subsection (G)(5)(c) of this section.
(Ord. 1995-06 § 2; Ord. 2011-048 § 1; Ord. 2015-097 § 1; Ord. 2015-105 § 1; Ord. 2016-107 § 1)
A.
Accessory Building Attached to Main Building. An accessory building attached to the main building shall have at least 50 percent of the length on one of its walls integrated with the main building and such accessory building shall comply in all respects with the requirements for the main building.
B.
Detached Accessory Building on Corner Lot.
1.
On any corner lot an accessory building shall be not closer to the street side lot line than the width of the side yard required for the main building on that lot.
2.
Where the rear of a corner lot adjoins a key lot, no part of an accessory building within 10 feet of the rear lot line shall be nearer the street side lot line than the depth of the front yard required on the key lot.
(Ord. 1995-06 § 2; Ord. 2011-048 § 1)
A.
Purpose. The purpose of the Class I temporary use permit is to regulate uses with limited duration that are not expressly allowed in the applicable zone and/or are not compliant with development or design standards.
B.
Uses Subject to a Class I Temporary Use Permit. Temporary uses listed below may be permitted as a Class I temporary use in any zone unless otherwise specified. Temporary uses that are not listed or that do not meet the standards listed below must follow the procedures and requirements for a Class II temporary use permit (STC § 18.93.040).
1.
A temporary security trailer or office on active construction sites where the office/trailer is located at the build or project site with a valid building or construction permit. Sites are no longer considered active if construction ceases for 60 days.
2.
A temporary model home complex or sales office in a subdivision while there are lots or homes actively being sold shall be removed within 60 days of the completion of active sales.
3.
Holiday outdoor sales, not to exceed 30 days per individual holiday or 40 consecutive days.
4.
Farmer's market, not to exceed three consecutive days or six days per month.
5.
Temporary cargo containers or portable storage containers used during construction or for storage of holiday sale merchandise that meets the following requirements:
6.
Temporary off-site sign plans that meet the following requirements:
a.
Sign display shall not exceed 60 days within a 365-day period; and
b.
The number of display periods shall not exceed three per any 60-day period; and
c.
Signage total shall not exceed 120 total square feet of signage or 12 square feet per individual sign; and
d.
The number of signs shall not exceed 20 signs total; and
7.
Other uses similar in nature to subsections (B)(1) through (B)(5) of this section as determined by the planning and building director.
C.
Standards.
1.
A Class I temporary use permit may be issued only after finding that the use:
a.
Is of a true temporary nature; and
b.
The proposed use is compatible with the nature, character and use of the surrounding area; and
c.
The operation of the proposed use will not adversely impact the surrounding neighborhood; and
d.
The proposed use is not detrimental to the health, safety, or welfare of the community; and
e.
Does not violate state law or other provisions of town of Sahuarita ordinances.
D.
Application. The property owner may request a Class I temporary use permit application by submitting an application on a form prepared by the planning and zoning division. The application shall include information to facilitate the planning and building director's understanding of the temporary use request as follows:
1.
A letter of authorization for any agent of the property owner; and
3.
A floor plan detail when the request pertains to interior access or use; and
4.
A description explaining the reason for the request, including time frame needed for the temporary use; and
5.
Fees, in accordance with the adopted fee schedule for a Type 1 conditional use permit.
E.
Time Limit. The Class I temporary use permit shall not be valid for more than six months unless expressly stated elsewhere in this code.
F.
Decision.
1.
The planning and building director will issue a decision in writing on the Class I temporary use permit within 10 business days of submittal of a complete application.
2.
The planning and building director may impose conditions of approval to safeguard the public health, safety, convenience, and general welfare.
G.
Revocation. The violation of any conditions imposed by the director shall constitute a violation of this code, and subject to 24 hours' notice, the Class I temporary use permit may be revoked.
(Ord. 2025-186 § 1 (Exh. A))
(Ord. 1995-06 § 2; Ord. 2011-048 § 1)