Airway Heights City Zoning Code

Requests for formal interpretations as to the meaning, intent or proper development and use of land or structures, or the interpretation of a zoning map boundary, shall be made in writing. The City Planner shall issue a determination in writing within one week of receiving a formal written request. Such determinations are appealable under the provisions of AHMC § 14.01.200.

Alterations or additions to an approved site development plan which are minor in nature may be approved administratively and include the following:

Requests for temporary use permits, under this title.

Administrative exceptions may be granted by the City Planner when they involve any of the following circumstances:

Applications for administrative exceptions must be made in writing. The City Planner shall provide a written decision within 30 days in granting or denying an administrative exception. The written decision must indicate how the administrative exception is consistent or inconsistent with the zoning. The City Planner, after reviewing a request for an administrative exception, may determine that a variance is required and direct the applicant accordingly. Any City official or the Planning Commission itself may initiate a review by the Commission of any interpretation of this title by the City Planner.

Temporary use permit shall be subject to an administrative review process and may be approved, approved with conditions or denied.

The provisions of this chapter shall not apply to:

Upon submitting the temporary use permit application, the applicant shall also submit a declaration demonstrating property owners within 100 feet of the site proposed for the temporary use were notified in writing or reasonable attempts were made to notify them in writing of the use. The proposed site will be posted with 8.5-inch by 11-inch notification sheet(s), posted as approved by the City Planner. A five-day comment period will begin when the property has been posted and the notifications mailed or delivered. Written notification and posting text shall be reviewed and approved by the City Planner.

A transportation management/parking plan appropriate for the size and type of event may be required.

A temporary use permit, after consideration of comments, will be approved, in whole or in part, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:

If the use is demonstrated to have a negative impact in excess of those presented at the time of application or the effects of the event are greater than anticipated, the permit may be revoked or the conditions may be modified to mitigate for impacts by the City Manager. The City Manager may cancel a temporary use permit for failure to comply with the terms of the permit or other City ordinances.

Authorization of a temporary use permit shall be valid for the time specified in the approval, but not to exceed 12 months with a maximum of 30 days of use.

Appeals may be made in accordance with AHMC § 14.01.200.

Violation. Any person violating any provision of this code will be subject to the provisions provided in Chapter 1.16 AHMC.

Hold Harmless. As a condition to the issuance of any permit under this chapter, the applicant shall agree to defend, indemnify and hold harmless the City of Airway Heights, its officers, employees and agents for any and all suits, claims or liabilities caused by or arising out of any use authorized by any such permit.

Additional permits may be required to meet the conditions established by the permit and other City codes.

There are currently permitted land uses that are not consistent with the Comprehensive Plan and the zoning established to implement the land use goals and policies in the Comprehensive Plan. The City recognizes that previously permitted activities will remain allowable under the new Comprehensive Plan and the provisions of this chapter. These uses, however, will not be allowed to expand if they are not consistent with the land use plan and zoning since they will become nonconforming uses, unless specifically allowed within the zoning district. Nonconforming uses within the City are encouraged to be eventually replaced with uses that are consistent with the Comprehensive Plan and zoning.

The regulations contained in this chapter shall govern the continuation of nonconforming uses.

The use of the land or premises existing at the time of the adoption of the ordinance codified in this title can be continued, but if such nonconforming use is abandoned for a period of one year or more, any further use of such land or buildings shall be in conformity with the provisions of this title. "Abandoned" means intent by the property owner (or landlord) to no longer use the property as a nonconforming use. During the above period, a property which is offered for sale or lease and maintained in conformance with City ordinance shall be evidence that the property is not abandoned. A determination of abandonment by the Director of Community Development may be appealed to the City Council or designee within 14 days of the determination.

In the C-1, C-2, I-1, I-2, M and APZ-I or II zones, lawfully existing and established residential uses as of January 1, 1970, shall be considered conforming and allowed to continue until abandoned. Maintenance, repair, and replacement of existing structures, improvements and buildings shall be allowed. Expansion and replacement of existing residential structures shall be permitted as long as no additional dwelling units are created. Expansion and replacement of existing residential uses shall adhere to the setbacks, building coverage and height, minimum lot area and frontage requirements. Expansion and replacement of residential structures not in a residential zone shall conform to the specifications set forth in the residential zone in which the use most closely resembles; except, replacement that does not exceed the prior footprint shall be permitted subject to the setback regulations at the time the structure was established and placed in use. Previously permitted residential uses that do not currently exist, where the use of the property has not changed, can be reestablished if the property owner can demonstrate the previous use. Adding structures to the nonconforming use is permitted and will follow the regulations of the closest zoning.