El Mirage City Zoning Code

ADMINISTRATIVE PROCEDURES

§ 154.150 PRE-APPLICATION MEETING.

(A) Pre-application meeting requirement.

(1) 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:

(a) General plan amendments;

(b) Zoning text amendments;

(d) Planned area developments;

(e) Subdivisions;

(f) Conditional use permits;

(g) Site plan review; and

(h) Variances.

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

(B) Pre-application filing. Before filing any applications described by this section, the applicant shall submit a preliminary description of the proposal, accompanied by a fee specified by the adopted fee schedule, for review and comment by the Zoning Administrator and any other persons the Zoning Administrator deems appropriate. This preliminary description shall include, at minimum, a site plan and project narrative; both of sufficient scope and detail so as to allow a basic review of location, land area, land use, land use intensity, traffic generation and adjacent streets, stormwater drainage, utility service, and previous case history.

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

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

(D) Pre-application waivers. The Zoning Administrator may waive the requirement for a pre-application review based on a determination that no purpose will be served by the review. In such cases, the Zoning Administrator shall prepare a written statement setting forth the reasons for approving the waiver.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.151 APPLICATION SUBMITTAL (ADMINISTRATIVE COMPLETENESS REVIEW).

(A) Applications. Completed applications shall be submitted to the Development Services Department on a form and in such a manner as established by the Zoning Administrator.

(B) Application schedule. In accordance with A.R.S. § 9-835, the Development Services Department shall publish an application schedule, which prescribes the necessary deadline for submitting specified application types in advance of being reviewed by the appropriate decision-making body pursuant to this chapter or the A.R.S.

(1) The owner of the property;

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

(D) Payment, waiver and refund of application fees.

(1) Schedule of fees. The city shall establish fees for all application and permit types. The fee schedule shall be adopted by resolution of the Council. Payment of the fee is required in order for an application to be complete. No application or permit shall be processed without payment of the applicable fee.

(2) Fee waiver or deferral. No fee shall be required when the applicant is the city.

(3) Refund of fees. Recognizing that filing fees are utilized to cover city 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.

(E) Application completeness review. Each application filed with the Development Services Department shall be initially processed as follows:

(1) Completeness review. The Zoning Administrator shall review an application for completeness and accuracy before it is accepted as being complete and officially filed. The Zoning Administrator will consider an application complete when:

(a) 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.

(b) All necessary fees have been paid and accepted.

(2) Notification of applicant. If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this chapter. If an application is determined to be incomplete, the Zoning Administrator shall provide written or electronic notice to the applicant along with an explanation of the application’s deficiencies within 30 days of receiving the application. No further processing of an incomplete application shall occur until the deficiencies are corrected in a resubmittal. The municipality shall follow the procedures prescribed in A.R.S. § 9-835(e) until the application is administratively complete. The city shall determine whether a resubmitted application is administratively complete within 15 days after receiving the resubmitted application. After determining that the application is administratively complete, the city shall approve or deny the application within 180 days. For extenuating circumstances, the Zoning Administrator may grant a one-time extension of not more than 30 days.

(3) Expiration of application. If a pending application is not deemed complete within six months after the first filing with the Development Services Department, the application shall expire and be deemed withdrawn. Thirty days prior to that date the planning staff shall notify the applicant in writing that the application will become inactive.

(4) Extension of application. The Zoning Administrator may grant a 30-day extension upon written request of the applicant. After expiration of the application, and extension, if granted, a new application, including applicable fees, plans, exhibits and other materials will be required to commence processing of a new project application on the same property.

(F) Additional information. After the application has been accepted as complete, the Zoning Administrator and/or any decision-making body may require the applicant to submit additional information in order to evaluate fully whether an application complies with the requirements of this chapter, state, or federal law.

(G) Concurrent applications. When a project requires approvals under more than one section of the zoning code, the individual applications may be processed concurrently at the option of the Zoning Administrator and with the approval of the applicant; provided, however, rezoning applications may not be approved simultaneously with major general plan amendments. Rezone applications can only be approved sequentially after major GPA adoption; the rezone application will be cancelled if the major GPA is not adopted. Minor GPAs may be processed concurrently with other applications. The concurrent processing of applications shall be in all cases at the applicant’s risk.

(H) Referral of application. At the discretion of the Zoning Administrator, or where otherwise required by this chapter, A.R.S., or federal law, an application filed in compliance with this chapter may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Ord. O24-11-10, passed 11-13-2024; Res. R24-11-26, passed 11-13-2024)

§ 154.152 PROCEDURE FOR AMENDMENTS TO THIS CHAPTER.

(A) Generally. In accordance with the provisions of Arizona State Statutes, the City Council may from time to time adopt amendments to the zoning ordinance. An amendment to this chapter may involve changes in its text and wording, including but not limited to changes in the regulations regarding uses, setbacks, heights, lot areas, definitions, administration, and/or procedures. Ordinance amendments do not, however, include the rezoning of property. Amendments may be initiated by the Council, the Planning and Zoning Commission, or by petition of a person whose property would be affected by the amendment.

(B) Application of amendment. If an individual or other party initiates a request for an amendment to this chapter, the request must be made on a form provided by the Zoning Administrator. The request must state the exact section of the chapter proposed for amendment, the proposed substitute wording, and the reasons for requesting the amendment. Graphic material should also be submitted if it will assist in understanding the benefits of the amendment. The submittal must be made to the Zoning Administrator and the processing fee paid at least 30 days prior to the date of the public hearing by the Planning and Zoning Commission.

(1) No rezoning may be adopted until a public hearing has been held on the matter by the Planning and Zoning Commission, and if required under division (E) below by the City Council.

(2) A notice of the time, date, place, and purpose of the hearings shall be given at least 15 and not more than 30 calendar days before the hearing by:

(a) Publication in a newspaper of general circulation published or circulated within the city; and

(b) Posting of the property in a manner that is legible from the public right-of-way. The posting shall comply with the City of El Mirage Planning Department Site Posting Requirements.

(3) Notice shall also be sent by first class mail at least 15 days before the day of the first hearing to each owner of property situated wholly or partly within 300 feet of the property to which the rezoning relates. The Zoning Administrator shall be responsible for placing and mailing the notices. For the purpose of giving mailed notice, the Zoning Administrator may require the applicant to furnish the names and addresses of all owners of property within 300 feet of the property to be rezoned. The Zoning Administrator shall make a copy of the notice and a list of the owners and addresses to which the notice was sent as a part of the record of the proceedings. The failure to receive notice by individual property owners if notices were published and mailed 15 days prior to the hearing shall not necessarily invalidate the proceedings.

(4) In proceedings involving rezoning of land which abuts other municipalities or unincorporated areas of Maricopa County, or a combination thereof, copies of the notice of the public hearing shall be transmitted to the planning agency of such governmental unit abutting the land. In proceedings involving rezoning of land that is located within the territory in the vicinity of a military airport or ancillary military facilities as defined in A.R.S. § 28-8461, copies of notice of public hearing shall be sent by first class mail to the military airport.

(5) In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by state law.

(a) A 10% or more increase or decrease in the number of square feet or units that may be developed.

(b) A 10% or more increase or reduction in the allowable height of buildings.

(d) A 10% or more increase or decrease in setback or open space requirements.

(e) An increase or reduction in permitted uses.

(D) Hearing and recommendation by the Planning and Zoning Commission. An amendment not initiated by the Planning and Zoning Commission shall be referred to the Commission for study and public hearing. In its deliberations on the matter, the Commission shall consider oral or written statements from the applicant, the public, city staff, and its own members. The Commission may recommend approval or disapproval, or it may table the proposed amendment. The proposed amendment may not be tabled more than two meetings in succession. The Planning and Zoning Commission shall notify the City Council, in writing, of its recommendation. The recommendation shall include the reasons for the recommendation and be transmitted to the Council not more than 15 days after the public hearing in which the recommendation was made.

(E) Hearing and decision by the City Council. The City Council, after receipt of the report and recommendation of the Planning and Zoning Commission, shall set a date within 30 days for a public hearing on the amendment request. An amendment which has been recommended for denial by the Commission shall not be reviewed by the Council except upon written request by the applicant. In its deliberations on the matter, the Council shall consider oral or written statements from the petitioner, the public, city staff members, and its own members. The Council may approve the request by ordinance, deny the request, or table the request for not more than 60 days.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

Editor’s Note:

The City of El Mirage Planning Department Site Posting Requirements, (adopted March 24, 2005), is available from the city upon request.

§ 154.153 PROCEDURE FOR REZONINGS.

(A) Generally. In accordance with the provisions of Arizona Revised Statutes, the City Council may from time to time change the zoning of parcels of and within the municipality. These changes in zoning classification are for the purpose of meeting the land use needs of the residents of the city in conformance with the city’s general plan. Rezonings may be initiated by the City Council, the Planning and Zoning Commission, the owner of property proposed for rezoning, the lessee having a leasehold interest of not less than five years exclusive of an option to renew, or the agent of any of the foregoing, duly authorized in writing, or by petition of the person whose property would be affected by the rezoning.

(B) Application for rezoning. An application for a rezoning shall be made on a form provided by the Zoning Administrator. On the application form shall be indicated the legal description of the property, the present zoning classification, and the recommended use of this property by the city’s general plan. With the application, the applicant shall submit a one-inch equals 100 foot scale diagram of the rezoning illustrated on a standard section line map. The applicant shall present evidence to the Zoning Administrator of ownership or type of controlling interest in the property (e.g., option to purchase). This application shall be completed, verified by a notary public, and submitted along with the established fee to the Zoning Administrator at least 21 days prior to the public hearing by the Planning and Zoning Commission.

(1) No rezoning may be adopted until a public hearing has been held on the matter by the Planning and Zoning Commission, and if required under division (E) below, by the City Council.

(2) A notice of the time, date, place, and purpose of the hearings shall be published in a newspaper of general circulation, published or circulated with the city at least 15 days prior to the date of the first hearing and at least 15 days prior to the date of any subsequent hearing.

(3) A similar notice shall be mailed at least 15 days before the day of the first hearing to each owner of property situated wholly or partially within 200 feet of the property to which the rezoning relates. The Zoning Administrator shall be responsible for placing and mailing such notices. For the purpose of giving mailed notice, the Planning Director shall require the applicant to furnish the names and addresses of all owners or property within 200 feet of the property to be rezoned. The Zoning Administrator shall make a copy of the notice and a list of the owners and addresses to which the notice was sent as a part of the record of the proceedings. The failure to receive notice by individual property owners if notices were published and mailed 15 days prior to the hearing shall not necessarily invalidate the proceedings.

(D) Hearing and recommendation by the Planning and Zoning Commission. A rezoning not initiated by the Planning and Zoning Commission shall be referred to the Commission for study and public hearing. In its deliberations on the matter, the Commission shall consider oral or written statements from the applicant, the public, city staff, and its own members. The Commission may recommend approval or disapproval, or it may table the rezoning application. The application may not be tabled more than two meetings in succession. The Planning and Zoning Commission shall notify the City Council, in writing, of its recommendation. The recommendation shall include the reasons for the recommendation and be transmitted to the Council not more than 15 days after the public hearing in which the recommendation was made.

(E) Hearing and decision by the City Council. The City Council may, after receipt of the report and recommendation of the Planning and zoning Commission, consider the rezoning request. If requested in writing by any member of the public or of the City Council, the Council shall hold a public hearing on the request. A rezoning which has been recommended for denial by the Commission shall not be reviewed by the Council except upon written request by the applicant, and shall then require a public hearing. Notice of the time and place of the hearing shall be given in the time and manner provided for giving of notice of the hearing by the Commission as specified in division (C) above. During any public hearing on the matter, the Council shall consider oral or written statements from the applicant, city staff, the public, and its own members. The Council may approve any request for rezoning by ordinance, deny the request, or table the request. The application may not be tabled more than two meetings. If approved, the zoning Administrator or designee shall revise the official zoning map accordingly.

(F) Duration of zoning approval (conditional rezoning).

(1) Approval of a rezoning request shall be conditioned upon the start of construction beginning within one year of the date of approval action taken by the City Council. If, at the expiration of this period, the start of construction has not begun for the use based upon the Commission’s approved site plan for which the zoning was conditionally approved, the property shall revert to its former zoning classification without Council or Commission action.

(2) The city may authorize extensions when deemed necessary.

(G) Public protest against amendment. If there is a written protest against a change in the zoning classification of a parcel of land, signed by the owners of 20% or more of the area of lots included in the proposed change, or of those within a distance of 150 feet, not including street rights-of-way, the change shall not be approved except upon the affirmative vote of three-fourths of all of the members of the City Council. If any members of the governing body are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the Council, provided that the required number of votes shall in no event be less than a majority of the full membership of the Council.

(H) Right-of-way dedication. The Planning and Zoning Commission may require as a condition to the change of zone, the dedication of right-of-way necessary for roadways as prescribed by the circulation plan contained in the city’s general plan. The Commission may also require dedication of land for future roadway construction that is greater than that called for in the circulation plan of the general plan if it is deemed to be in the best interest of the city.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.154 CITIZEN REVIEW PROCESS.

(A) Purpose. The purpose of the citizen review process is to provide citizens and adjacent landowners with notice of proposed rezoning map amendments and zoning text amendments, and the opportunity to express any issues or concerns that they may have with the proposed rezoning map amendment or zoning text amendment before the public hearing.

(B) Requirements. Every application for zoning map amendment and zoning text amendment that requires a public hearing shall include a citizen review process which must be implemented prior to the first public hearing.

(C) Notice area. The level of citizen interest and the number of potentially affected parties will vary depending on the nature of the application and, for zoning map amendments, the location of the site. The target area for early notification will be determined by the applicant after consultation with the Planning Department. At a minimum, the target area shall include the following:

(1) Property owners within the public hearing notice area required by other sections of this chapter; and

(2) The head of any homeowners association or registered neighborhood within the public notice area required by other sections of this chapter.

(D) Submittals. Applicants for zoning map amendments and zoning text amendments that require a public hearing shall submit to the Planning Department at the time of application for the zoning map amendment or zoning text amendment a citizen review plan which includes the following:

(1) A list of those residents, property owners, interested parties, political jurisdictions, and public agencies that may be affected by the application;

(2) How those adjacent to and potentially affected by an application will be notified that an application has been made;

(3) How those adjacent to and potentially affected parties will be informed of the substance of the change, amendment, or development proposed by the application;

(4) How those affected or otherwise interested will be provided an opportunity to discuss the applicant’s proposal with the applicant and express any concerns, issues, or problems they may have with the proposal in advance of the public hearing;

(5) The applicant’s schedule for completion of the citizen review process;

(6) How the applicant will keep the Planning Department informed of the status of the citizen review plan; and

(7) Applicants will be responsible for notice and other costs associated with the citizen review process.

(E) Citizen review report. Following completion of the citizen review plan, the applicant shall provide to the Planning Department prior to notice of the first public hearing for the zoning map amendment or text amendment, a written report of their efforts. The report shall include a description of the notification process, and a summary of the issues and concerns expressed during the citizen review process. The report shall be included with the Planning Department report provided to the City Council and/or Planning and Zoning Commission.

(F) Requirements are cumulative. These requirements apply in addition to any notice provisions required elsewhere in the Zoning Ordinance.

(G) Early implementation. The applicant may submit a citizen review plan and begin implementation prior to formal application for the zoning map amendment or text amendment. This shall not occur until after the required pre-application meeting and consultation with the Planning Department staff, and requires the prior written approval of the Planning Department.

(H) Incomplete citizen review plan and report. If the citizen review plan and/or report does not meet the requirements of this subchapter, the application for the zoning map amendment or zoning text amendment shall be considered incomplete and shall not be scheduled for public hearing.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.155 PROCEDURE FOR VARIANCES FROM THIS CHAPTER.

(A) Generally. The Board of Adjustment may allow a departure from the terms of these zoning regulations pertaining to height or width of structures or the size of yard and open spaces where the departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape, or topography, and not as a result of the action of the applicant, the literal enforcement of this chapter would deprive the owner of the reasonable use of the land and/or building involved.

(B) Application for variance. A request for variance shall be made by filing at least 21 days prior to the Board meeting an application with appropriate fees with the Zoning Administrator; the application shall be accompanied by a development plan showing such information as the Zoning Administrator may reasonably require for purposes of this chapter. The plans shall contain sufficient information for the Board to make a proper decision on the matter. The request shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. In all cases, the application shall include:

(1) Name and address of the applicant;

(2) The legal description of the property involved in the request for variance, including the street address, if any, of the property;

(3) The names and addresses of the owners of the property and any other persons having a legal interest therein;

(4) A site plan drawn to scale showing the property dimensions, grading, landscaping, and location of utilities, as applicable;

(5) Location of all existing and proposed buildings;

(6) Drive accesses, driveways, access roads, parking spaces, off-street loading areas, and sidewalks as applicable;

(7) The variance requested and the reasons for the request;

(8) Justification, in writing, that the following exist:

(a) Special circumstances or conditions exist that are peculiar to the land or building for which the adjustment is sought and do not apply generally to land or buildings in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of this chapter;

(b) The circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land or building, the granting of the adjustment is necessary for the reasonable use thereof and the adjustment requested is the minimum adjustment that will accomplish this purpose; and

(c) The granting of the adjustment is 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.

(9) Evidence satisfactory to the Board of Adjustment of the ability and intention of the applicant to proceed with actual construction work in accordance with the plans within six months after issuance of permit.

(C) Notice of hearing. Notice of the time, date, place, and purpose of the variance hearing shall be published once in a newspaper of general circulation, published or circulated within the city and posted in a conspicuous place close to the property affected at least 15 days before the hearings, and shall be mailed at least 15 days prior to the Board meeting to each owner of property situated wholly or partially within 200 feet of the property to which the variance relates. The Zoning Administrator shall be responsible for mailing the notices. For the purpose of giving mailed notice, the Zoning Administrator shall require the applicant to furnish the names and addresses of all property owners within 200 feet of the property.

(D) Evidence required for variance. At the public hearing on a variance application, the applicant shall present a statement and adequate evidence in such form as the Board may require for the purpose of showing:

(1) There are special circumstances or conditions applicable to the property referred to in the application which do not prevail on other property in that zone;

(2) The strict application of the regulations would work an unnecessary hardship and that the granting of the application is necessary for the preservation and enjoyment of substantial existing property rights; and/or

(3) The granting of the application will not materially affect the health or safety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to property or improvements of the neighborhood.

(E) Board of Adjustment action. In the event the Board of Adjustment can determine that substantial conformity to the standards previously established in the zone may be secured and that detriment or injury to the neighborhood will not result from the granting of a variance as applied for, it may approve or conditionally approve the issuance of the permit and transmit notice of its action to the Zoning Administrator. Approval may be granted only upon the affirmative vote of three-fourths of all members of the Board. A report of its findings and recommendations and any conditions imposed or required shall also be submitted promptly to the Planning and Zoning Commission and the City Council.

(F) Disapproved application. In the event the Board of Adjustment disapproves an application for a variance, no permit shall be issued pending further action thereon by an appeal to the superior court within 30 days from the date the disapproval is officially entered on the minutes of the Board, if the court shall overrule the action of the Board, then the Zoning Administrator shall issue the requested permit without further action by the Board unless the court orders the Board to hold a further hearing to permit the Board to fix conditions or require guarantees as set forth in divisions (G) and (H) below.

(G) Conditional approval. In approving any variance the Board of Adjustment may designate the conditions in connection therewith as will in its opinion secure substantially the objectives of the regulation or provision to which the variance is granted, to provide adequately for the maintenance of the integrity and character of the zone in which the permit is granted, and shall provide the Zoning Administrator with a copy of the same.

(H) Guarantees. Where necessary, the Board of Adjustment may require guarantees, in such form as it may deem proper under the circumstances, to ensure that the conditions designated in connection therewith are being or will be complied with. Where any condition under which a variance has been granted is violated, the variance shall cease to exist and the permit shall become null and void.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.156 PROCEDURE FOR SITE PLAN APPROVAL.

(A) Applicability. Site plan approval is required before any development activities on property located in zoning districts that mandate site plan review, as specified in this chapter. Except for individual single-family detached units and city-owned facilities, all site plan approvals shall be subject to this chapter.

(B) Approval authority. Unless otherwise expressly provided in this section or as required by the City Council as a condition in a zoning amendment, the Senior Planner has the authority to approve, approve conditionally, or deny any application for a site plan or an amended site plan. Violating any conditions set by the Senior Planner will be considered a violation of this section and will make any permit invalid and void.

(C) Purpose. The site plan review process promotes the health, safety, and welfare of the city's residents and the general public by encouraging safe, functional, attractive, harmonious, and compatible development within the city. It ensures that structures, utilities, streets, parking, circulation systems, yards, and open spaces are developed in accordance with the goals and objectives of the city’s general plan, as well as the requirements of this section, the city zoning ordinances, the engineering design and development standards, and any other applicable federal, state, or local laws, ordinances, codes, rules, regulations, policies, and guidelines.

(D) Application of these procedures.

(1) For those rezoning requests that may not comply with the city's general plan, the site plan shall be submitted in conjunction with the rezoning application.

(2) For those rezoning requests that may comply with the general plan, the site plan shall be submitted prior to any construction or development and may be submitted with the rezoning application.

(3) For those areas with desired zoning, the site plan shall be submitted prior to any construction or development.

(E) Application process. Site plan applications will be processed and reviewed in accordance with the procedures generally described herein and more particularly described in the zoning code and engineering design and development standards.

(1) Applications for a site plan shall be filed with the Development Services Department on form(s) provided by the Department and shall include all of the information identified in the: application form(s), in the section of the zoning code related to site plans; in the engineering design and development standards, and any other data that may be required by the Senior Planner which is needed to insure compliance with applicable requirements. In all cases, the application shall contain the following:

(2) General:

(a) Name of project/development;

(b) Location of project/development by street address;

(d) Name and mailing address of developer/owner;

(e) Name and mailing address of engineer/architect;

(f) Date of plan preparation;

(g) North point indicator;

(h) Scale of not less than one inch to 100 feet; and

(i) Names and addresses of property owners within 200 feet of the site.

(3) Site plan, including:

(a) Boundary line of property with dimensions;

(b) Location, identification, and dimension of existing and proposed data, to a distance of 100 feet unless otherwise stated:

1. Topographic contours at a minimum interval of two feet;

2. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet;

3. On-site streets and rights-of-way;

4. Ingress and egress points;

5. Traffic flow on-site;

6. Traffic flow off-site;

7. Utilities and utility rights-of-way or easements:

a. Electric;

b. Natural gas;

c. Telephone, cable TV;

d. Water; and

e. Sewer (sanitary treated effluent and storm);

8. Buildings and structures;

9. Parking facilities;

10. Water bodies;

11. Surface water holding ponds and drainage ditches surface water drainage arrows;

12. Significant rock outcroppings;

13. Sidewalks, walkways, driveways, loading areas and docks, bikeways;

14. Fences and walls;

15. Exterior signs;

16. Exterior refuse collection areas;

17. Exterior lighting; and

18. Landscaping (detailed plan showing plantings, equipment, and the like):

a. Botanical and common names of vegetation to be used;

b. Size of plantings at time of planting and at maturity; and

c. Areas to be irrigated.

(d) Site statistics including site square footage, percent of site coverage (building and parking), dwelling unit density, percent park or open space; and

(e) Reproducible copy of the site plan with appropriate signatures shall be submitted upon approval.

(4) Building information (on-site), including:

(a) Height above mean sea level of the lowest floor when the structure is proposed to be located in a floodway or floodplain area;

(b) Gross square footage of existing and proposed structures; and

(F) Approved site plan. Following the tentative approval of the site plan, the applicant shall prepare and submit a final site plan to the Senior Planner that conforms with the tentative approved site plan and any conditions or terms of approval. Once the Senior Planner determines that the final site plan conforms to the tentative approved site plan and all approval conditions, the Senior Planner shall certify the final site plan. The certified final site plan will then be included in the application for building permits for the site. Development activities shall substantially conform to the final site plan and any conditions or restrictions attached thereto, and any substantial deviation from the approved final site plan and any conditions or restrictions attached thereto is a violation of this chapter.

(G) An approved final site plan shall expire one year from the date of approval unless either a building permit for the development reflected in the final site plan has been obtained or an extension has been obtained prior to the expiration date. A single one year extension may be granted if the applicant demonstrates that circumstances beyond the owner’s control prevented the owner from obtaining a building permit and/or commencing construction within one year of the date the final site plan was approved and that no changes in city codes or ordinances (including changes in this section and the engineering design and development standards) that would have significantly altered the requirements for the prior final site plan approval. Requests for extensions hereunder shall be approved by the authority that approved the final site plan for which the extension is being sought. Upon expiration of the final site plan or any extension thereto, the property owner will be required to file a new application for site plan approval before undertaking any development activities on the site.

(H) Amendments to approved final site plans.

(1) Any amendment or modification to an approved final site plan shall be submitted for approval. All amendments shall be shown on a revised site plan drawing.

(2) Amendments to final site plans shall be resubmitted and shall be subject to division (E) above.

(I) Appeal procedure.

(1) An applicant may appeal the Senior Planner's decision on any site plan application to the City Council. The appeal shall be filed with the required documents and any processing fee.

(2) The appeal will be processed pursuant to the procedures set forth in § 154.161.

(3) Persons with standing who are aggrieved by a decision of the City Council hereunder may, within 30 days after the Council renders its decision, file a complaint for special action in the superior court of Maricopa County to review the Council’s decision.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022; Ord. O25-11-10, passed 11-4- 2025)

§ 154.157 PROCEDURE FOR CONDITIONAL USE PERMIT.

(A) Generally. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When these circumstances exist, a conditional use permit may be granted. Conditions may be applied to the issuance of the permit and periodic review may be required. The permit shall be granted for a particular use and not for a particular person or firm. No conditional use permit shall be granted for a use which is not specifically designed as such in this chapter.

(B) Application for conditional use permit. The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator the appropriate form together with the required fee.

(C) Notification of conditional use permit review. A notice of conditional use permit review shall be mailed at least ten days prior to the Planning and Zoning Commission meeting to each owner of property situated wholly or partially within 200 feet of the property to which the conditional use permit relates. The Zoning Administrator shall be responsible for mailing the notices. For the purpose of giving mailed notice, the Zoning Administrator shall require the owner of the property affected to furnish the names and addresses of all property owners within 200 feet of the property.

(D) Hearing and recommendation by the Planning and Zoning Commission. A conditional use permit shall be referred to the Commission for study and public hearing. In its deliberations on the matter, the Commission shall consider oral or written statements from the applicant, the public, city staff, and its own members. The Commission may recommend approval or disapproval, or it may table the application. The application may not be tabled more than two meetings in succession. Planning staff shall notify the City Council, in writing, of the Planning and Zoning Commission recommendation. The recommendation shall include the reasons for the recommendation and be transmitted to the Council not more than 30 days after the public hearing in which the recommendation was made.

(E) Decision by the City Council.

(1) The City Council after receipt of the report and recommendation of the Planning and Zoning Commission, shall consider the conditional use permit request. During the public hearing on the matter, the Council shall consider oral or written statements from the applicant, city staff, the public, and its own members. The Council may approve any request for conditional use permit, deny the request, or table the request. The application may not be tabled more than two meetings.

(2) The Council, in approving a conditional use permit, shall, find as follows.

(a) The site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading, and landscaping are adequate to properly relate the use with the land and uses in the vicinity.

(b) The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

(d) The proposed use shall be in conformance with the general plan.

(e) The conditions stated in the approval are deemed necessary to protect the public health, safety, and general welfare. The conditions may include but are not limited to:

1. Regulation of use;

2. Special yards, spaces, and buffers;

3. Special fences, solid fences, and walls;

4. Surfacing of parking areas;

5. Requiring street, service road, or alley dedications and improvements or appropriate bonds;

6. Regulations of points of vehicular ingress and egress;

7. Regulation of signs;

8. Requiring maintenance of the grounds;

9. Regulation of noise, vibrations, odors;

10. Regulation of hours for certain activities;

11. Time period within which the proposed use shall be developed;

12. Duration of use;

13. Requiring the dedication of access rights; and/or

14. Other such conditions as will make possible the development of the city in an orderly and efficient manner.

(f) The Council shall, in addition to any other conditions, impose the following general conditions upon every conditional use permit granted.

1. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure.

2. All of the special conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his or her successors or assigns.

3. All conditions specifically stated under any conditional use listed in this chapter shall apply and be adhered to by the owner of the land, his or her successors or assigns.

4. All of the special conditions shall be consented to in writing by the applicant.

(3) Applications for conditional use permits may be approved or denied by motion of the Council. If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Council.

(F) Notification of Council action. The applicant shall be notified of the action taken by the Council. If the application has been granted, the permit shall be issued upon the signature of the Mayor and the Zoning Administrator, and any conditions, automatic termination date, or period of review shall be stated on the permit.

(G) Appeals. A person aggrieved by a decision of the City Council, may file a complaint for special action in the superior court to review the City Council decision.

(H) Modification or enlargement of structures authorized under a conditional use permit. Any proposed additions, enlargements, or modifications of the structures approved in any conditional use permit or any proposed extension of the use into areas not approved in any such permit shall be subject to §§ 154.156(C), (D) and (F) and 154.157 of this chapter.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022) Penalty, see § 154.999

§ 154.158 PROCEDURE FOR OPERATING A HOME OCCUPATION.

(A) Notice of intent to operate a home occupation. Any individual wishing to apply for a business license with the intent of operating the business from his or her home shall acknowledge by signature his or her understanding of the requirements and conditions of § 154.088 of this chapter, and shall agree to abide by those requirements and conditions.

(B) Complaints by citizens or residents. Complaints by citizens or residents may be cause for termination of the home occupation. Upon receipt of a complaint, a home occupation may be ordered terminated by the Zoning Administrator upon a finding that the home occupation is incompatible or disruptive to the neighborhood in which it is located.

(C) Appeal to City Council. Any person may appeal the Zoning Administrator’s action to the City Council within 15 days as per § 154.161 of this chapter.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.159 PROCEDURE FOR TEMPORARY USE PERMIT.

(A) Generally. Uses permitted subject to temporary use permits are those temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a permitted use, or constructing a public facility. The uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community.

(B) Application and filing fees. Application for a temporary use permit may be made by the property owner or his or her authorized agent. The application shall be filed with the Zoning Administrator who shall charge and collect a filing fee for each such application, as provided in this chapter. The Zoning Administrator may also require any information deemed necessary to support the approval of a temporary use permit including site plans as per § 154.156(C) of this chapter.

(C) Decision. Application for temporary use permit shall be reviewed by the Zoning Administrator who shall approve, conditionally approve, or disapprove the application. Approval or conditional approval shall be given only when in the judgment of the Zoning Administrator the approval is within the intent and purposes of this section. Approval for a temporary use shall be for a period of up to four months or at the discretion of the Zoning Administrator, unless otherwise stated within this chapter. Any person aggrieved by the decision of the Zoning Administrator may file an appeal with the Board of Adjustment.

(D) Conditions. In approving such a permit, the approval shall be made subject to a time limit and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties or public health and safety. The conditions may include the following:

(1) Limits on concentration of temporary uses;

(2) Regulation of dates/hours;

(3) Regulation of lights;

(4) Requirement of bonds or other guarantees for cleanup or removal of structure or equipment;

(5) Parking requirements; and/or

(6) Such other conditions deemed necessary to carry out the intent and purpose of this section.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.160 PROCEDURE FOR PLANNED AREA DEVELOPMENT (P.A.D.) APPROVAL.

(A) Generally. Any development proposal which meets the requirements of § 154.065 shall be reviewed according to the provisions of this section. All P.A.D. applications shall be reviewed and approved by the Planning and Zoning Commission and City Council prior to any physical development on the subject property.

(B) Application.

(1) The applicant is encouraged to meet with appropriate city staff prior to making application for P.A.D. approval to discuss the development concept, the review and approval process, and the submittal requirements.

(2) The applicant shall obtain the necessary application forms from the Zoning Administrator. Application forms shall be properly completed and submitted to the Zoning Administrator. Concept plan exhibits shall accompany the application. The concept plan shall be submitted at least seven days prior to meeting with city staff.

(C) Concept plan submittal requirements. The concept plan shall indicate proposed land uses, general circulation patterns, property boundaries, existing land uses on adjacent properties, special site conditions or problems. A computation table showing proposed land use allocations in acres and percent of total site area shall be included on the concept plan.

(D) Preliminary development plan.

(1) Submittal requirements. Based upon comments received regarding the concept plan, the applicant shall prepare a preliminary development plan. The following information shall be submitted to the Zoning Administrator:

(a) Legal description of property and indication of gross area;

(b) Nature of the applicant’s interest in the land to be developed;

(d) Site conditions: an analysis of the existing site conditions which indicates at a minimum:

1. Topographic contours with intervals of no more than two feet, to a distance of 1,900 feet beyond the property boundary;

2. Location and extent of major vegetative cover (if any);

3. Location and extent of perennial or intermittent streams and water ponding areas;

4. Existing drainage patterns; and

5. Other information considered relevant by the applicant or city staff.

(e) Proposed allocations of land use expressed as a percentage of the total area, as well as in acres. Uses to be indicated include:

1. Arterial streets;

2. Open space (public);

3. Open space (private);

4. Residential (if appropriate);

5. A stratification of residential uses in terms of single-family detached units, patio homes, townhouses, garden apartments, and the like;

6. Commercial (if appropriate); and

7. Industrial (if appropriate).

(f) A land use plan at a scale not smaller than one inch equals 100 feet, indicating land uses, acres, and development densities of each land use and the most nearly equivalent zoning categories; all arterial and collector street circulation elements, pedestrian and/or bicycle circulation elements, exact perimeter locations of any/all arterial streets and major collector streets; open spaces; and recreational areas;

(g) Plans indicating the approximate alignment and sizing of water lines, sanitary sewers, and storm sewers (if any), as well as easements for all utilities, if necessary. Also indicated should be proposed surface drainage patterns;

(h) A preliminary plat of the proposed development if land subdivision is proposed;

(i) Conceptual architectural renderings indicating the elevations and exterior wall finishes of proposed building types;

(j) Conceptual landscaping plans, indicating landscaping theme character of the development;

(k) A traffic analysis report, if deemed necessary by the city; and

(l) Phasing plan, if development is to take more than one year.

(E) Planning and Zoning Commission review and hearing.

(1) Notice of hearing.

(a) The Commission shall hold a public hearing on the preliminary development plan. A notice of the time, date, place, and purpose of the hearing shall be published in a newspaper of general circulation, published or circulated within the city at least 15 days prior to the date of the hearing.

(b) A similar notice shall be mailed at least 15 days before the day of the hearing to each owner of the property situated wholly or partially within 200 feet of the property to which the P.A.D. relates. The Zoning Administrator shall be responsible for placing and mailing the notices. For purposes of giving mailed notice, the Zoning Administrator shall require the applicant to furnish the names and addresses of all property owners within 200 feet of the property.

(2) Review.

(a) In considering applications for P.A.D. approval, the Commission shall consider the following:

1. Interrelationship with the plan elements to conditions both on and off the property;

2. Conformance to the general plan guide;

3. The impact of the plan on the existing and anticipated traffic and parking conditions;

4. The adequacy of the plan with respect to land use;

5. Pedestrian and vehicular ingress and egress;

6. Architectural design;

7. Landscaping;

8. Provisions for utilities;

9. Site drainage;

10. Open space and/or public land dedications;

11. Grading; and

12. Other related matters.

(b) The Commission shall consider oral or written statements from the applicant, the public, city staff, or its own members. It may question the applicant and approve, disapprove, or table the preliminary development plan. The application may not be tabled for more than two regular meetings of the Commission.

(c) If the Commission shall determine by motion that the proposed preliminary development plan will not be detrimental to the health, safety, or welfare of the community, will not cause traffic congestion or depreciate surrounding property values and, at the same time, is in harmony with the purposes and intent of this chapter, the plan for the area, and the general plan, the Commission may recommend granting preliminary development plan approval, along with necessary conditions and safeguards, including provisions, as applicable, for public land dedications.

(d) The Commission shall notify the City Council, in writing, of its recommendation.

(F) City Council consideration and hearing.

(1) Consideration and hearing.

(a) The City Council, after receipt of the report and recommendation of the Planning and Zoning Commission, may consider the P.A.D. request. If requested in writing by any member of the public or the City Council, the Council shall hold a public hearing on the request. A notice of the time, date, place, and purpose of the hearing shall be published in the official newspaper of the city at least 15 days prior to the date of the hearing.

(b) A preliminary development plan which has been recommended for denial by the Commission shall not be reviewed by the Council except upon written request by the applicant and shall require a public hearing.

(2) Review and approval.

(a) In its deliberations on the preliminary development plan, the Council shall consider oral or written statements from the applicant, city staff, the public, and its own members. The Council’s review shall encompass the same spectrum of considerations as did the Commission’s. The City Council may approve the preliminary development plan, deny the request, or table the request. The application may not be tabled for more than two meetings in succession.

(b) Conditions may be applied to the approval and/or periodic review of the approval may be required. Approvals, if granted, shall be for a particular development, not for a particular applicant.

(G) Public protests against P.A.D. If there is written protest against the preliminary development plan signed by the owners of 20% or more of the property within 150 feet of the proposed P.A.D., the preliminary development plan shall not be approved except upon the affirmative vote of three-fourths of all members of the City Council. If the above protest requirements are not met, approval may be by majority vote of the membership of the City Council.

(H) Duration of P.A.D. zoning.

(1) Approval of a P.A.D. rezoning request shall be conditioned upon the start of construction beginning within one year of the date of approval action taken by the City Council. If, at the expiration of this period, the start of construction has not begun, the property shall revert to its former zoning classification without Council or Commission action.

(2) In the case of a proposed phased development, start of construction for the first phase must commence within one year, with the remaining phases commencing according to the approved phasing plan.

(3) The city may authorize extensions when deemed necessary.

(I) Final development plan.

(1) Approval. Final P.A.D. development plan approval and the issuance of a development permit for any portion of a P.A.D. shall occur only when:

(a) A reproducible copy of the approved preliminary development plan with appropriate signatures has been supplied to the Community Development Department;

(b) The design and construction specifications for all utilities, property, and street improvements have been approved by the City Engineer;

(c) A site plan, subject to the requirements of § 154.156, for the specific portion of the P.A.D. in question has been submitted and has been approved by the Planning and Zoning Commission, as in conformance with the preliminary development plan. (Upon approval of the site plan, a reproducible copy shall be submitted);

(d) Architectural elevations of the buildings, with materials lists, are submitted and approved by the Planning and Zoning Commission;

(e) A landscaping plan is submitted and approved by the Planning and Zoning Commission;

(f) A performance bond, cash escrow agreement, or other acceptable instrument has been deposited with the city in an amount as set by the City Council based upon the City Engineer’s recommendation. This financial guarantee shall be used to ensure the full completion, as specified, of:

1. Public and private streets and utilities;

2. Landscaping; and

3. Publicly- and privately-owned and maintained recreational facilities;

(g) Any land dedication agreements made as part of the preliminary development plan approval are fulfilled.

(2) Platting requirements. All applicants for a planned area development permit shall be required to file with Maricopa County a final plat of the planned area development complying with all of the requirements of the subdivision ordinance of the city except to the extent that the Council may give specific permission to the effect that specific portions of the subdivision ordinance need not be complied with. The required plats shall contain on their face a cross-reference to the P.A.D. development plan.

(J) Method of withdrawing an application for P.A.D. approval. Any application for a planned area development permit may be withdrawn by the applicant at any time prior to filing the final plat upon written notification to the Zoning Administrator and/or City Clerk. The P.A.D. shall be null and void upon receipt of the notice by the city.

(K) Amendments to P.A.D. approval.

(1) Minor changes. Minor changes in the location and placement of buildings may be authorized by the Zoning Administrator and City Engineer where unforeseen circumstances such as engineering requirements, dictate the change. When in question, the Zoning Administrator and the City Engineer may determine whether the changes shall be classified as a minor or major, or may refer the question to the Planning and Zoning Commission, if they deem it necessary.

(2) Major changes. Major changes, such as alterations in structural types, in the shapes and arrangements of lots and blocks, in the allocation of open space or other land uses which increase density and/or intensity of the project, and all other changes which significantly affect the overall design or intent of the project shall be referred to the Planning and Zoning Commission, after which the Council shall consider and shall either approve or deny the changes in the final development plan. If the changes are authorized, the developer shall submit a revised plan showing the authorized changes. Requirements of divisions (D) and (E) above shall apply to requests for major changes.

(L) Denial of P.A.D. approval. If an application for planned area development approval is denied at either the preliminary development plan or final development plan stage, a new application for a P.A.D. approval by the same applicant on the same site or portion of the site cannot be filed prior to 90 days after the date of denial.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.161 PROCEDURE FOR APPEALS TO CITY COUNCIL.

(A) Application for appeal. Any aggrieved person or any officer or department of the city affected by a decision of an administrative officer, pertaining to this chapter, may appeal to the City Council, unless otherwise stated within this chapter, by filing an application with the Zoning Administrator. The application shall state the name and address (or city office) of the applicant and the reasons for filing the appeal. The application shall be made within 21 days of the date of the decision which is being appealed. The Zoning Administrator shall then transmit to the Council the complete record of the action for which the appeal is made. Appeals to the Council may be made only in conjunction with an action.

(B) Stay of proceedings. An appeal to the Council stays all proceedings in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the Council that by reason of facts stated in the certificate of stay, the stay would, in his or her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by a restraining order granted by the Superior Court on notice to the Zoning Administrator, with due cause shown.

(1) No appeal may be granted by the Council until a public hearing has been held on the application. A notice of time, date, place, and purpose of the hearing shall be published in a newspaper of general circulation, published or circulated within the city at least 15 days prior to the date of the hearing.

(2) If the appeal relates to a decision on a specific site, a similar notice shall be posted in conspicuous places close to the site affected and shall be mailed at least 15 days prior to the date of the hearing to each owner of the property situated within 200 feet of the property to which the appeal relates. The Zoning Administrator shall be responsible for mailing the notice. For the purpose of giving mailed notice, the Board may require the applicant to furnish the names and addresses of all property owners within 200 feet of the property. The failure to receive notice by individual property owners will not necessarily invalidate the proceedings.

(D) Review and decision by the Council. Within 45 days of the date of application, but no sooner than 15 days from the date of public notice, the Council shall hear and decide arguments for appeal to the decision in question. The Council shall consider oral or written statements from the appellant, his or her agent or attorney, the public, and city staff members. The Council shall also study the record of the action from which the appeal is taken. The Council may, by three-fourths majority of the entire Council, approve an appeal or by simple majority, table the appeal. If tabled, the Council shall make a decision on the appeal at its next regularly scheduled meeting. The Council may impose such conditions and safeguards on its decision as it deems necessary to satisfactorily correct the situation in question, but it shall not attempt to infringe upon matters not specifically contained in the appeal.

(E) Notice of Council decision. The Board shall issue a written notice of its decision to all concerned parties and to the Zoning Administrator and the City Clerk, who shall make official record of the decision. The notice shall state the facts of the matter as determined by the Board, the reasons for its decision, and any conditions applied to the decision.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.162 FEES.

(A) Purpose. It is the intent of this section to require petitioners to pay a portion of the public services that are necessary for processing their request. While the city is not expecting 100% recovery of all costs, it does feel that all required publication and mailing costs, plus a portion of administrative costs, should be borne by the petitioner.

(B) Application fees.

(1) Fees, for matters pertinent to the administration of this chapter, will be set from time to time by resolution of the City Council of the city; see the Adopted Comprehensive Fee Schedule.

(2) For purposes of this chapter, the first site plan filed for a site developed prior to the effective date of this chapter or for a site developed prior to annexation shall be considered an amendment to a previously approved site plan.

(3) No filing fee shall be required for any application filed by any agency or department of the city of any government organized under the laws of the State of Arizona or of the United States. This exception shall not apply to non-governmental leases of government land.

(4) The City Council may waive fees to avoid duplication of charges or undue hardship.

(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)

§ 154.999 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) No person shall locate, erect, construct, reconstruct, enlarge, change, maintain, or use any building or structure, or use any land in violation of this chapter.

(C) The Zoning Administrator shall order, in writing, the correction of any violation. The order shall state the nature of the violation, the code provision violated, and the time by which the violation must be corrected. After the order has been served, no work shall proceed on any structure or tract of land covered by such an order except to correct the violation or to comply with the order.

(D) Decisions of the Zoning Administrator may be appealed to the City Council in accordance with § 154.161.

(E) In addition to or in lieu of the procedures outlined above, this chapter shall be enforceable in a court of proper jurisdiction, and any or all appropriate remedies at law or in equity shall be available for the enforcement thereof.

(F) Any and all persons who shall violate any of the provisions of this chapter or fail to comply therewith, or who shall fail to comply with any lawful order or regulation made thereunder, shall severally for each and every such violation and non-compliance respectively, forfeit and pay a fine of not less than $50, not more than $750, and/or be imprisoned not to exceed the time of four months for each offense, the violation constituting a Class 2 misdemeanor under the Criminal Code of the laws of the State of Arizona. In addition, the costs of any such action may be imposed at the discretion of the court. The imposition of one penalty for any violation of this chapter shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy the violations and defects within a reasonable time; and each day that the prohibited condition is not corrected or remedied shall constitute a separate offense; and the court shall impose a fine on a per diem basis for each day that the violation is maintained. Application of the above penalty shall not be held to preclude the forced removal of prohibited conditions.

(G) This chapter shall not be construed to hold the city, its Zoning Administrator, City Engineer, or any other city official responsible for any damage to persons or property by reason of any inspection or reinspection authorized herein or the failure to so inspect or reinspect or by reason of the issuance to a building permit as herein required.

(H) Any person in control of any premises who fails to correct a violation of this chapter within 30 days after notice thereof by the Zoning Administrator or his or her designee shall be liable to the city for a civil fine in the amount of $1,000 for each and every day beyond such 30-day period for which the violation remains uncorrected. The City Attorney shall collect the fines by complaint filed in the City Court pursuant to the procedures prescribed in the city code.

(I) Violation of conditional use permits. Violations to the conditions of a conditional use permit shall constitute a violation of this chapter and shall be subject to the regulations of divisions (B) through (G) above.