This chapter provides procedures and requirements for the preparation, filing, and processing of development applications required by this chapter.

(Ord. 2020-02, passed 4-13-2020)

   The preparation and filing of applications for land use permits, entitlements, amendments (e.g., general plan, zoning map, and zoning code), and other matters pertaining to this chapter shall comply with the following common procedures, unless an exception to the common procedure is expressly identified in subsequent sections of this chapter. Subsequent sections include additional provisions that are unique to each type of application, including staff and review board assignments and approval criteria.

      (1)   (a)   A pre-application meeting to discuss the nature of the proposed application, application submittal requirements, the procedure for action, and the standards for evaluation of the application shall be required for all proposed:

            1.   General plan amendments;

            2.   Zoning text amendments;

            3.   Zoning map amendments (rezone);

            4.   Planned area developments;

            5.   Subdivisions;

            6.   Conditional use permits;

            7.   Site plan review; and

            8.   Variances.

         (b)   An applicant for a project not requiring pre-application review may request, in writing to the Zoning Administrator, such review.

         (a)   After receipt of a proper preliminary description of the proposal, the Zoning Administrator shall schedule a pre-application conference. At the conference, the applicant, the Zoning Administrator or designee, and any other persons the Zoning Administrator deems appropriate to attend shall discuss the proposed development.

         (b)   Based upon the information provided by the applicant and the provisions of this code, the parties should discuss in general the proposed development, the applicable submittal requirements and standards of this code, and conditions that may be appropriate to meet the purposes and requirements of this code.

         (a)   The owner of the property;

         (b)   An agent representing the owner, duly authorized to do so in writing by the owner.

            1.   Recognizing that filing fees are utilized to cover town costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds shall be issued due to a disapproval of an application.

            2.   In the case of an application withdrawal, the Zoning Administrator may authorize a partial refund based upon the costs incurred to-date and determination of the status of the application at the time of withdrawal.

            1.   All necessary application forms, documentation, exhibits, materials, maps, plans, reports and other information specified in the application form, and any additional information required by the Zoning Administrator have been provided and accepted as adequate.

            2.   All necessary fees have been paid and accepted.

         (a)   General plan amendments;

         (b)   Zoning text amendments;

         (c)   Zoning map amendments (rezoning);

         (d)   Conditional use permits (optional);

         (e)   Variances (optional); and

         (f)   Major modification to an approved plan or condition of approval (when original approval requires neighborhood meeting).

         (a)   Mailing a notice not less than ten calendar days prior to the date of the neighborhood meeting to:

            1.   All real property owners, as shown on the latest Mohave County assessment records, within 300 feet of the outer boundary of the subject property. This notification area may be expanded if the general plan or other policy adopted by the Town Council requires notification within a larger area or the Zoning Administrator determines the potential impact of the project extends beyond the required notification boundary;

            2.   Residents, registered neighborhoods, and homeowners associations that may be impacted as a result of the application, and other neighborhood entities identified by the town;

            3.   Interested parties which have requested that they be placed on a contact list for this application; and

            4.   Potentially interested parties that have been identified by the town.

 

            1.   The applicant or representative and owners of the subject property;

            2.   All real property owners, as shown on the latest Mohave County assessment records, within 300 feet of the outer boundary of the subject property. This notification area may be expanded if other policy adopted by the Town Council requires notification within a larger area or the Zoning Administrator determines the potential impact of the project extends beyond the required notification boundary;

            3.   Residents, registered neighborhoods, and homeowners associations that may be impacted as a result of the application, and other neighborhood entities in the town as determined by the Zoning Administrator;

            4.   Interested parties which have requested that they be placed on a contact list for this application;

            5.   Interested parties that have been identified by the town;

            6.   If the proposed project involves land that abuts other municipalities or unincorporated areas of Mohave County or a combination thereof, notice of the public hearing shall be sent to the planning agency of the adjacent governmental unit.

             

      (1)   A substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application;

      (2)   A new application is proposed to be submitted that is materially different (e.g., proposes new uses, or a substantial decrease in proposed densities and intensities) from the prior application; or

      (3)   The final decision on the application was based on a material mistake of fact or the foregoing.

      (1)   Decisions of any appointed body under this chapter may be brought up for reconsideration or rehearing only if:

         (a)   There was substantial procedural error in the original proceeding;

         (b)   The Zoning Administrator or body acted without jurisdiction in the original proceeding;

         (c)   The original decision was based upon fraud or misrepresentation;

         (d)   Reconsideration is appropriate to avoid delay or hardship that may be caused by an appeal; or

         (e)   As requested by a member of the body whose vote was included in the side that prevailed in the motion to be reconsidered.

      (2)   Any person seeking reconsideration or a rehearing must file a request with the Zoning Administrator, together with materials supporting one or more of the grounds stated in this section, within 15 days of the original decision, or within the timeframe established under state law if applicable. The appointed decision-making body, by majority vote, may decide to hold a rehearing if the rehearing request meets requirements of divisions (I)(a) through (e) of this section. A rehearing shall be conducted in the same manner as the original proceedings before the Zoning Administrator or appointed body.

      (1)   Minor changes may be approved, modified, or denied by the Zoning Administrator. Major changes shall be approved, modified or denied by the original review authority.

      (2)   The Zoning Administrator shall determine whether a proposed change is major or minor. The determination that the change is major depends on whether the proposal may result in:

         (a)   Significant impacts to the surrounding neighborhood;

         (b)   Significant environmental impacts;

         (c)   A change to the approved use or a significant change in conformance to the original plan or intent; or

         (d)   A change to the basis upon which the review authority made the findings for approval of the project.

      (3)   A major change request shall be processed in the same manner as the original permit or entitlement.

            1.   Appeals to the Board of Adjustment may be taken by persons aggrieved or by any officer, department, board or bureau of the municipality affected by a decision of the Zoning Administrator. An appeal shall be filed with the Community Development Department on a form established by the Director. Within five working days after the appeal is filed, the Zoning Administrator shall transmit all records pertaining to the action appealed from to the Board. The appeal shall set forth the decision or decisions being appealed and the grounds upon which the appeal is based. The appeal shall be accompanied by any applicable fees.

            2.   A person aggrieved by a decision of the legislative body or Board of Adjustment or a taxpayer who owns or leases the adjacent property or a property within 300 from the boundary of the immediately adjacent property, an officer or a department of the municipality affected by a decision of the legislative body or Board, may file a complaint for special action in the superior court to review the legislative body or Board of Adjustment decision.

         (c)   Proceedings stayed by appeal. The timely filing of an appeal, except for appeals related to the Zoning Administrator's interpretation or enforcement of this chapter, shall stay all proceedings in the matter appealed.

            1.   Appeals made to the Board of Adjustment in regard to the Zoning Administrator's interpretation or enforcement of this chapter shall stay all proceedings in the matter appealed from, unless the Zoning Administrator certifies to the Board that, in the Zoning Administrator's opinion by the facts stated in the certificate, a stay would cause imminent peril to life or property. Upon such certification, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the Zoning Administrator.

            2.   Filing a complaint in Superior Court does not stay proceedings on the decision sought to be reviewed, but the court may, on application, grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed.

         (f)   Hearing body action. Public hearings shall be conducted in accordance with the requirements of this chapter, unless as may be otherwise specified in this town code or as set forth in A.R.S. The decision-making body for the appeal shall deny or grant the appeal or the decision-making body may remand the matter to the original decision-making body for reconsideration, for additional information or to cure a deficiency in the record or proceeding. The decision-making body shall render its decision within 30 days of the date the hearing is closed unless state law requires a shorter deadline.

      (1)   Any requirement of a dedication or exaction as a condition of granting approval for the use, improvement, or development of real property may be appealed to a hearing officer appointed by the Town Council. This division shall not apply to legislatively imposed dedications or exactions in which no discretion by the Zoning Administrator or administrative officer to determine the nature or extent of the dedication or exaction was exercised. In the event of such an appeal, the Zoning Administrator shall prepare a takings impact report. No fee shall be charged for filing an appeal under this section and such appeal shall be conducted as required by A.R.S. § 9-500.12.

      (2)   Appeal of decision of zoning hearing officer. A property owner aggrieved by a decision of the zoning hearing officer to modify or affirm a dedication or exaction requirement or to affirm a zoning regulation may file within 30 days after the decision a complaint in Superior Court, pursuant to A.R.S § 9-500.12G.

      (1)   A final decision on an application for any discretionary approval subject to appeal (e.g., a conditional use permit, variance, or site plan approval) shall become effective after the expiration of the appeal period following the date of action, unless an appeal is filed. No building permit or business registration shall be issued until the day following the expiration of the appeal period, unless, in accordance with division (M)(2) below, the applicant signs a waiver explaining that they understand and accept the risk of proceeding before the appeal period ends.

      (2)   An approved conditional use permit or variance or an interpretation favorable to the applicant may be exercised at the applicant's sole risk, and a building permit (if required) may be issued subsequent to approval by the town Building Official. However, if an appeal of the decision is filed in accordance with the provisions of this chapter that reverses in whole or in part or modifies the decision and that causes any construction or use commenced as a result of exercising the decision to be in conflict with the appellate body's decision, then such building permit may be revoked in accordance with the appellate body's decision and any such construction or use may constitute a violation of this chapter and may be subject to removal or cessation by the applicant, property owner, or his or her agent.

(Ord. 2020-02, passed 4-13-2020)

   Table 6.3-1 identifies the town official or body responsible for reviewing and making decisions on each type of application, land use permit and other approvals required by this chapter, unless otherwise stated within each applicable procedure section.

 

(Ord. 2020-02, passed 4-13-2020)

      (1)   Town Council on its own motion;

      (2)   The Planning and Zoning Commission;

      (3)   The Zoning Administrator; or

      (4)   The owner of the subject property or authorized agent.

         (a)   The Mohave County Planning Agency;

         (b)   Each municipality that is contiguous to the corporate limits of the town;

         (c)   The regional planning agency;

         (d)   The state agency that is designated as the general planning agency for the State of Arizona;

         (e)   Any ancillary military facility as defined under state law, if an element of or amendment to the general plan is applicable to territory in the vicinity of such a facility;

         (f)   The Attorney General, if an element of or major amendment to the general plan is applicable to property in the high noise or accident potential zone of any ancillary military facility, as defined under state law; and

         (g)   Any person that requests in writing to receive a review copy of the proposal.

      (1)   Whether the development pattern contained in the future land use plan provides appropriate optional sites for the use proposed in the amendment;

      (2)   That the amendment constitutes an overall improvement to the general plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time;

      (3)   The degree to which the proposed amendment will impact the community as a whole or a portion of the community by:

         (a)   Significantly altering acceptable existing land use patterns;

         (b)   Requiring larger and more extensive improvements to roads, sewer, or water systems than are needed to support the prevailing land uses in which, therefore, may negatively impact development of other lands. The Commission and/or the Town Council may also consider the degree to which the need for such improvements will be mitigated pursuant to binding commitments by the applicant, a public agency, or other sources when the impacts of the uses permitted pursuant to the general plan amendment will be felt;

         (c)   Adversely impacting existing uses due to increased traffic on existing systems; or

         (d)   Affecting the livability of the surrounding area or the health and safety of present or future residents;

      (4)   That the amendment is consistent with the overall intent of the general plan;

      (5)   Whether there was an error or oversight in the original general plan adoption that did not fully consider facts, projects or trends which could reasonably exist in the future;

      (6)   Whether events subsequent to the general plan adoption have superseded the original premises and findings made upon plan adoption;

      (7)   Whether events subsequent to the general plan adoption may have changed the character and/or condition of the area so as to make the application acceptable; and

      (8)   The extent to which the benefits of the plan amendment outweigh any of the impacts identified in divisions (E)(1) through (8) hereto.

(Ord. 2020-02, passed 4-13-2020)

      (1)   Town Council on its own motion;

      (2)   The Planning and Zoning Commission;

      (3)   The Zoning Administrator; or

      (4)   An application filed by an individual or group.

         (a)   A written narrative identifying the section of the code to be amended, the proposed revised zoning text, how the proposed zoning text conforms with the general plan and why the text amendment is necessary;

         (b)   The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this code for an amendment to the zoning text.

         (a)   In place of a neighborhood meeting, a citizen review session shall be held at a work session of the Planning and Zoning Commission scheduled at least five days prior to the public hearing at the Planning Commission for the consideration of any proposed text amendment. Landowners and other citizens potentially affected by the proposed text amendment shall have an opportunity to comment on the proposal.

         (b)   Notice of the citizen review session shall be given by the applicant at least ten days prior to the Planning Commission work session. The notice shall state the date, time, and place of the citizen review session and shall include a general explanation of the proposed text amendment. The method of notice to be used may vary according to the type of text amendment proposed. Any method of notice approved by the Zoning Administrator for the proposed text amendment shall be considered sufficient. The method of notice given may include, but is not limited to, the following:

            1.   A notice of a citizen review session shall be sent, via U.S. first class mail, to landowners, citizens potentially affected by the proposed text amendments, and any person or group who has specifically requested notice regarding the application;

            2.   Publication in a local newspaper of general circulation distributed to residents living within the town;

            3.   Posting at a minimum of three public places within the town; or

            4.   Posting on the official town website.

         (a)   Amendments to the text of this chapter involving either a 10% or more increase or decrease in the number of square feet or units that may be developed, a 10% or more increase or reduction in the allowable building height, an increase or reduction in the number of stories of buildings, a 10% or more increase or decrease in setback or open space requirements, or a change in permitted uses, shall be subject to notice requirements as set forth below or if amended per A.R.S. § 9-462.04.

         (b)   The town shall provide, at least 15 calendar days prior to the public hearing, notice to real property owners pursuant to at least one of the following notification procedures:

            1.   Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes.

            2.   If the municipality issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the municipality shall include notice of such changes with such utility bills or other mailings.

            3.   The municipality shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the municipality. The changes shall be published in a "display ad" covering not less than one-eighth of a full page.

            4.   If notice is provided pursuant to divisions 1. or 3. above, the municipality 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.

      (1)   The proposed amendment will promote the public health, safety, and general welfare;

      (2)   The proposed amendment is consistent with the general plan and the stated purposes of this development code; and

      (3)   The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions.

(Ord. 2020-02, passed 4-13-2020)

      (1)   Town Council on its own motion;

      (2)   The Planning and Zoning Commission;

      (3)   The Zoning Administrator; or

      (4)   The owner of the subject property or authorized agent.

         (a)   Proof of ownership;

         (b)   A written narrative identifying how the proposed zoning conforms with the general plan, fits in with the surrounding neighborhood, and why it is more appropriate for the property than the existing zoning;

         (c)   A site plan showing the footprint of all existing and proposed buildings, parking configuration, location of all utilities and easements, and other details demonstrating conformance with all regulations and development standards applicable to the proposed zoning district;

         (d)   A map showing adjoining zoning districts within 300 feet;

         (e)   A list of all property owners within 300 feet; and

         (f)   The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this code for an amendment to the zoning map.

      (1)   Consistency (or lack thereof) with the general plan, and other adopted plans;

      (2)   Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood;

      (3)   Suitability of the subject property for uses permitted by the proposed zoning district;

      (4)   Suitability of the subject property for uses permitted by the existing district; and

      (5)   Availability of sewer and water facilities.

      (1)   The Town Council or Planning and Zoning Commission may initiate an amendment to remove the condition or extend the time period and direct the Zoning Administrator to prepare an ordinance to do the same pursuant to the procedures set forth in § 152.090(C)(5) through (8);

      (2)   The Town Council or Planning and Zoning Commission may initiate a rescission of the zoning map amendment to revert the zoning to its prior zoning classification for failure to comply with the conditions of the rezoning ordinance, pursuant to A.R.S. § 9-462.01(e) and direct the Zoning Administrator to notify the property owner by certified mail and prepare an ordinance to revert the zoning pursuant to the procedures set forth in § 152.090(C)(5) through (8); or

      (3)   The property owner in writing may apply to amend or remove the condition pursuant to the procedures set forth in § 152.090(C)(5) through (8).

(Ord. 2020-02, passed 4-13-2020)

      (1)   To protect the public health, safety, convenience, and general welfare;

      (2)   To assure that the purposes of the zoning ordinance shall be maintained with respect to the particular conditional use on the particular requested site;

      (3)   To consider the location, use, building, traffic characteristics, and environmental impact of the proposed use; and

      (4)   To consider existing and potential uses with the general area in which the requested conditional use is proposed.

      (1)   Only those uses that are enumerated as conditional uses in a zoning district, as set forth in §§ 152.025 through 152.033; or

      (2)   Non-specified uses as determined by the Zoning Administrator, per §§ 152.026(C)(7), 152.027(C)(7), or 152.028(C)(7), upon a finding that said use is materially similar to other conditional uses within the same zoning district, in accordance with the procedures and standards set forth in this section.

         (a)   Proof of ownership;

         (b)   A written narrative that responds to § 152.091(D);

         (c)   A site plan consistent with § 152.095(C);

         (d)   A map showing adjoining zoning districts within 300 feet;

         (e)   A list of all property owners within 300 feet; and

         (f)   The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this code for a conditional use permit.

      (6)   Planning and Zoning Commission review and recommendation. The Planning and Zoning Commission shall review the application in a public hearing, and recommend approval, approval with conditions, or denial of the application, subject to the review conditions set forth in § 152.091(C) and (D).

         (a)   The Town Council shall review the application in a public meeting; or a public hearing if any member of the public provides written objection to the recommendation of the Planning and Zoning Commission; and approve, approve with modifications, or deny the application. If a public hearing is held, public notification shall be provided in compliance with § 152.086(E).

         (b)   Conditions of approval. In permitting a conditional use or the alteration of an existing conditional use, the Council can impose, in addition to those standards and requirements expressly specified by this chapter additional conditions which it finds necessary to avoid detrimental environmental impact and to otherwise protect the best interest of the surrounding area or the community as a whole. These conditions can include, but are not limited to the following:

            1.   Limiting the manner in which the use is conducted, including restricting the time a certain activity can take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor;

            2.   Establishing special yard, open space, lot area or dimensional requirements;

            3.   Limiting the height, size or location of a building or other structure or use;

            4.   Designating the size, number, location and nature of vehicle access points. For example, but not limited to: secondary driveway access on corner lots in residential subdivisions;

            5.   Designating the size, location, screening, drainage, surfacing or other improvements of a parking area or loading area;

            6.   Limiting or otherwise designating the number, size, location, height and lighting of signs;

            7.   Limiting the intensity of outdoor lighting and requiring light shielding.

            8.   Requiring screening, landscaping or another facility to protect adjacent or nearby property and designate standards for its installation and maintenance;

            9.   Designating the size, height, location of screening and materials of fencing, including anti-graffiti type materials; and

            10.   Limiting hours of operation, revocation dates and time limits for commencing construction or use authorization.

      (1)   The proposed use will not be detrimental to the health, safety, or general welfare of persons living or working in the vicinity, to adjacent property, to the neighborhood, or to the public in general;

      (2)   The proposed use conforms with the purposes, intent, and policies of the general plan and its policies and any applicable area, neighborhood, or other plan officially adopted by the Town Council;

      (3)   The proposed use conforms with the conditions, requirements, or standards prescribed by the zoning code and any other applicable local, state, or federal requirements;

      (4)   The proposed conditional use shall conform to the character of the neighborhood, within the same zoning district, in which it is located. In making such a determination, consideration shall be given to the location, type and height of the buildings or structures and the type and extent of landscaping and screening on the site;

      (5)   Adequate utilities, access roads, drainage, fire protection, and other necessary facilities shall be provided;

      (6)   Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads;

      (7)   The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas;

      (8)   The proposed use shall not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted, nor substantially diminishes or impair the property values within the neighborhood; and

      (9)   The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district.

         (a)   Upon request by the applicant.

         (b)   When the request is filed in writing with the Community Development Department not less than 30 days prior to the expiration date of the original conditional use permit (CUP) approval.

         (c)   When accompanied by a time conditional use permit application fee in accordance with the fee schedule of the town.

         (d)   Upon determination by the Council that there have been no changes in the circumstances or in the vicinity of the property or use which would render the previously approved conditional use permit (CUP) inappropriate.

         (a)   That the conditional use permit (CUP) was obtained by fraud.

         (b)   That the conditional use permit (CUP) granted is being exercised contrary to the conditions of approval of such CUP or in violation of any applicable law, license, ordinance, permit or regulation.

         (c)   That the use for which the conditional use permit (CUP) was granted is being or has been exercised as to be detrimental to the public health or safety.

         (d)   The use ceases for a period of 90 consecutive days, or because of failure to comply with the conditions of the use permit.

(Ord. 2020-02, passed 4-13-2020)

         (a)   Aerial map of the site;

         (b)   Notarized property owner authorization (if applicable);

         (c)   A site plan showing the location and footprint of proposed uses and structures, parking configuration and other details necessary to demonstrate that the proposed use and site conforms with all other requirements of the zoning district and all other town codes; and

         (d)    Contain sufficient information to demonstrate compliance with temporary use conditions in accordance with § 152.047(C) and (D) and all required information stated elsewhere in this code or any other town code.

         (e)   All applications for temporary use permits shall be filed at least four weeks prior to the date the temporary use will commence, or at least six weeks prior to the date the temporary use will commence if public safety support is requested from the town. The Zoning Administrator may waive this filing deadline requirement in an individual case for good cause shown.

      (1)   The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

      (2)   The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town.

      (3)   Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this code.

(Ord. 2020-02, passed 4-13-2020)

      (1)   Consideration may be given with respect to dimensional and performance standards including, but not limited to site dimensions, yards, height of structures, distances between structures, open space requirements, signage dimensions, fences, and walls.

      (2)   Nothing shall be construed to empower the Board to change the terms of this chapter, to authorize uses which violate any other town ordinance, to affect changes in the zoning map, to add to the uses permitted or adjust the permitted density in any zoning district, or to grant a conditional use permit.

      (3)   All sections of this code are considered binding unless relief is granted through the variance process.

      (4)   All shall be personal to the appellant and shall be transferable and run with the land only after completion and final inspection of any authorized structure.

         (a)   Proof of ownership;

         (b)   A written statement indicating the variance will meet the requirements listed in § 152.093(C);

         (c)   A site plan showing the footprint and proposed use of all buildings proposed, parking configuration and other details necessary to demonstrate that the proposed use and site conforms with all other requirements of the zoning district and variance requirements; and

         (d)   The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this code for a variance.

         (a)   The applicant shall not be required to conduct a neighborhood meeting, however for certain variance requests staff shall have the option to require the applicant to schedule and conduct a neighborhood meeting to avoid any unnecessary delays during the public hearing process.

         (b)   If the applicant chooses to hold or is required to hold a neighborhood meeting it shall be conducted in accordance with the procedures set forth in § 152.086(C).

         (a)   The Board of Adjustment shall review the application in a public hearing and may approve, approve with modifications and/or conditions, or deny the variance.

         (b)   Conditions of approval. In approving a variance, the Board of Adjustment may impose reasonable conditions necessary to:

            1.   Achieve the general purposes of the zoning code or the specific purposes of the zoning district in which the site is located, or to make it consistent with the general plan;

            2.   Protect the public health, safety, and general welfare; or

            3.   Insure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

      (1)   Special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district.

      (2)   A literal interpretation of this chapter would deprive the appellant of rights commonly enjoyed by other properties in the same zoning district.

      (3)   The alleged hardship caused by literal interpretation of the provisions of this chapter includes more than personal inconvenience and financial hardship and is not the result of actions by the appellant.

      (4)   Granting the variance will not confer upon the appellant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same zoning district.

      (5)   Granting the variance will not interfere with or substantially injure the appropriate use of adjacent conforming properties in the same zoning district.

      (6)   The reasons set forth in the appeal justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

      (7)   Granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.    

      (8)   No variance shall be granted from any written conditions attached by another decision-maker to the approval of a rezoning, conditional use permit, subdivision plat, or site plan.

      (9)   No variance shall be granted if the conditions or circumstances affecting the applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations.

      (10)   No non-conforming use or violations of this chapter with respect to neighboring lands, structures or buildings, in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts, shall be considered grounds for granting a variance.

      (11)   Every decision of the Board shall be based upon findings of fact, and every finding of fact shall be supported in the record of its proceedings. The conditions required by this chapter to exist on any matter upon which the Board is authorized to pass under this chapter shall be construed as limitations on the power of the Board to act. A mere finding or recitation of the enumerated conditions, unaccompanied by findings of specific fact, shall not be deemed findings of fact, and shall not be deemed in compliance with this chapter.

         (a)   Upon request by the applicant;

         (b)   When the request is filed in writing with the Community Development Department not less than 30 days prior to the expiration date of the original variance approval;

         (c)   When accompanied by a time extension fee in accordance with the fee schedule of the town; or

         (d)   Upon determination by the Board that there have been no changes in the circumstances or in the vicinity of the property or use which would render the previously approved variance inappropriate.

         (a)   That the variance was obtained by fraud; or

         (b)   That the variance granted is being exercised contrary to the conditions of approval of such variance or in violation of any applicable law, license, ordinance, permit or regulation.

(Ord. 2020-02, passed 4-13-2020)

      (1)   The proposed sign program only amends provisions in § 152.058 and does not violate any other provisions of this chapter or any other town ordinance.

      (2)   The appearance, scale, materials, design and graphics, and orientation of signs are in keeping with the character of the site and buildings, and the surrounding neighborhood.

      (3)   Approval of the master sign program would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.

(Ord. 2020-02, passed 4-13-2020)

      (1)   All new construction, remodeling, or expansion of non-residential or multi-family residential uses, with the following exceptions:

         (a)   Proposed modifications are strictly related to the interior of the building.

         (b)   Modifications, additions, or enlargements to a building which do not increase the gross floor area by more than 500 square feet or 10%, whichever is less, and which do not require a variance from the provisions of this chapter.

      (2)   An application for approval of a zoning map amendment or conditional use. In this case, the site plan review shall occur concurrently with the review of the rezone or conditional use application.

            1.   Achieve the general purposes of the zoning code or the specific purposes of the zoning district in which the site is located, or to make it consistent with the general plan;

            2.   Protect the public health, safety, and general welfare; or

            3.   Insure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.

      (1)   A vicinity map which shall include the location of any public streets in the vicinity of the site.

      (2)   The boundaries and dimensions shown graphically, along with a written legal description of the property.

      (3)   The present and proposed topography, drainage systems and structures, and retention basins of the site by contour lines at an interval of not more than two feet.

      (4)   The location of existing and proposed structures, with height, gross floor area, use and exterior material appropriately noted.

      (5)   The location of open space, yards, and setbacks and their dimensions.

      (6)   The location and dimensions of existing and proposed points of vehicular and pedestrian access.

      (7)   The location of off-street parking, driveway and loading areas, with number of spaces, dimensions, circulation patterns, and type of paving appropriately noted.

      (8)   The type of surfacing and base course proposed for all parking areas, loading areas, and walkways.

      (9)   The location, height, and material for screening walls and fences.

      (10)   The size and location of all existing and proposed public and private utilities and their easements.

      (11)   Existing and proposed public streets or rights-of-way, easements, or other reservations of land on the site.

      (12)   The location and method of screening of outdoor trash storage areas.

      (13)   The proposed type and location of all signage.

      (14)   The location and height of proposed lighting facilities.

      (15)   Elevation views of all proposed buildings or structures, with building materials and proposed colors noted.

      (16)   When a site is to be developed in stages, the plan should indicate the ultimate development of the site and proposed developmental phases.

      (17)   Any additional information which the Zoning Administrator may find necessary to establish compliance with this and other ordinances.

      (1)   The general layout of the project, including orientation and location of buildings, open space, vehicular and pedestrian access and circulation, parking and loading facilities, building setbacks and heights, and other improvements on the site, is consistent with the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.

      (2)   The architectural design of the structure(s) and their materials and colors are compatible with the scale and character of surrounding development and other improvements on the site and are consistent with the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.

      (3)   The landscaping, including the location, type, size, color, texture, and coverage of plant materials, provisions for irrigation, and protection of landscape elements has been designed to create visual relief, complement structures, and provide an attractive environment and is consistent with the requirements of the zoning district in which the site is located, and with all applicable development standards and design guidelines.

      (4)   The design and layout of the proposed project will not interfere with the use and enjoyment of neighboring existing or future development, will not result in vehicular or pedestrian hazards, and will be in the best interest of the public health, safety, and general welfare.

      (5)   The existing or proposed public facilities necessary to accommodate the proposed project (e.g., fire protection devices, parkways, public utilities, sewers, sidewalks, storm drains, street lights, traffic control devices, and the width and pavement of adjoining streets and alleys) will be available to serve the subject site.

      (6)   The proposed project is consistent with the general plan and any applicable specific plan.

      (1)   A site plan approval becomes void if a building permit has not been issued within one year from the date of approval. An extension of approval may be granted if the applicant files for an extension prior to the approval becoming void and the extension is granted by the Zoning Administrator. The Zoning Administrator may grant a one-time three-month extension. Additional extensions must be approved by the Commission.

      (2)   Applications for extensions of the time need to include justifications for the extension. The Commission will give consideration to the following:

         (a)   Progress of the project;

         (b)   Funds spent on the project;

         (c)   Good faith efforts;

         (d)   Weather-related delays and other Acts of God; and

         (e)   Delays related to archaeological or environmental issues.

(Ord. 2020-02, passed 4-13-2020)

(Ord. 2020-02, passed 4-13-2020)