This Development Code of the Town of Florence, Arizona, (hereinafter “town”) is hereby adopted for the following purposes:

   (A)   To promote and protect the health, safety and welfare of the residents of the town by:

      (1)   Establishing land use classifications;

      (2)   Dividing the town into districts;

      (3)   Imposing regulations, prohibitions and restrictions for the promotion of health, safety, convenience, aesthetics and welfare;

      (4)   Governing the use of land for residential and nonresidential purposes;

      (5)   Regulating and limiting the height and bulk of buildings and other structures, limiting lot occupancy and the size of yards and other open spaces;

      (6)   Establishing standards of performance and design;

      (7)   Adopting a map of the districts; and

      (8)   Prescribing penalties for violations of the code and repealing all codes in conflict therewith.

   (B)   Furthermore, these regulations are deemed necessary to ensure orderly growth and harmonious development of the municipality to:

      (1)   Ensure adequate traffic circulation through coordinated street systems with relation to major thoroughfares, adjoining subdivisions and public facilities;

      (2)   Achieve individual property lots of reasonable utility and livability;

      (3)   Secure adequate provisions for water supply, drainage, sanitary sewerage and other health requirements;

      (4)   Ensure consideration for adequate sites for schools, recreation areas and other public facilities; and

      (5)   Promote the conveyance of land by accurate legal description and to provide logical procedures for the achievement of this purpose.

   (C)   In its interpretation and application, the provisions of this Development Code are intended to provide common ground of understanding and equitable working relationship between public and private interests to the end that both independent and mutual objectives can be achieved in the subdivision of land.

   (D)   This Development Code shall be considered the minimum requirements necessary for the promotion of the general plan as amended from time to time, for the protection of the citizens of the town.

(Prior Code, Ch. 4, Art. I, § 4-2) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   This chapter shall be in full force and effect from and after July 19, 2006.

(Prior Code, Ch. 4, Art. I, § 4-3) (Ord. 432-06, passed 6-19-2006)

   (A)   Enforcement. The Office of Community Development Director shall have the responsibility for enforcement of this Development Code.

   (B)   Interpretation. When the provisions of this Development Code are interpreted or applied, they shall be held to be the minimum requirements for the promotion of the pubic safety, health and general welfare.

   (C)   Conflict. The provisions of this Development Code are not intended to interfere with, abrogate or annul any code, rule, regulation or permit previously adopted or issued, and not in conflict with any provision of this Development Code, or which shall be adopted or issued pursuant to law relating to the use of building or Code not in conflict with this Development Code; nor is it intended by this Development Code to interfere with, abrogate or annul any easement, covenant or other agreement between parties, except when this Development Code imposes a greater restriction, this Development Code shall control.

(Prior Code, Ch. 4, Art. I, § 4-4) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   No building or land shall be devoted to any use other than a use permitted in the zoning district in which the building or land shall be located, with the exception of the following:

   (A)   Uses lawfully established as of the effective date of this comprehensive amendment, see §§ 150.019 and 150.020;

   (B)   Analogous uses;

   (C)   Accessory uses customarily incidental to the permitted uses; and

   (D)   Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but the temporary buildings shall be removed upon completion or abandonment of the construction work.

(Prior Code, Ch. 4, Art. I, § 4-5(b)) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   (A)   Injunction. If any building or maintained structure is constructed, reconstructed, altered, repaired, converted or any building, structure or land is used in violation of this Development Code, the town, any owner or tenant of real property affected by the building or structure in question, in addition to other remedies, may institute any appropriate action or proceedings:

      (1)   To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use;

      (2)   To prevent the illegal act, conduct, business or use in or about the premises;

      (3)   To prevent occupancy of the building, structure or land whether improved or otherwise; and

      (4)   To restrain, correct or abate the violation.

   (B)   When any action is instituted by an owner or tenant, notice of the action shall be served upon the municipality at the time suit is begun by serving a copy of the complaint on the Manager or designee thereof.

   (C)   In any action or proceeding, the court with jurisdiction thereof has the power and, in its discretion, may issue a restraining order, or a preliminary injunction, as well as a permanent injunction, upon the terms and under the conditions as will do justice and enforce the purpose of this Development Code.

(Prior Code, Ch. 4, Art. I, § 4-6) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   See §§ 32.105 and 32.106.

(Prior Code, Ch. 4, Art. I, § 4-7) (Ord. 432-06, passed 6-19-2006)

(Ord. 689-20, passed 4-6-2020)

   (A)   Creation. There is hereby created a Board of Adjustment, the membership of which shall consist of the Mayor and Town Council of the town and, the word BOARD when used in this Development Code, shall mean the Mayor and Council when sitting as the Board of Adjustment.

   (B)   Meetings, oaths and witnesses. All meetings of the Board shall be held at the call of the Chairperson and at the other times as the Board may determine. All meetings of the Board shall be open to the public. The Chairperson, or in the Chairperson’s absence, the acting Chairperson may administer oaths and compel the attendance of witnesses in accordance with the laws of the state.

   (C)   Procedure. The Board shall make and publish rules and regulations to govern its proceedings. The presence of four members shall constitute a quorum. The concurring vote of a majority of the Board shall be necessary to reverse an order or decision of an administrative official, or to affect any variations from the terms and conditions of this Development Code. The minutes and records of all Board proceedings shall be kept and filed as public record in the office of the Town Clerk. The Board may call on the administrative staff of the municipality for assistance in the performance of its duties, and it shall be the duty of the departments to render the assistance to the Board as may be reasonably required.

   (D)   Powers and duties. The Board of Adjustment shall have the power and jurisdiction to hear those matters set forth in this Development Code.

   (E)   Appeals of administrative decisions. 

      (1)   Appeals may be taken to the Board of Adjustment by persons aggrieved or by any officer, department, commission, board or bureau of the municipality affected by a decision of an administrative official within 30 calender days from the date of the decision. Within this 30-day timeframe, the aggrieved person or body shall file with the officer from whom the appeal is taken and with the Town Clerk, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

      (2)   An appeal shall stay all proceedings in the matter appealed from, unless the officer from whom the appeal is taken certified to the Board that, by reason of the fact stated in the certificate, the stay would in the officer’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public.

(Prior Code, Ch. 4, Art. I, § 4-8) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   (A)   Application. Application for a variance to property development standards shall be filed with the office of the Community Development Director upon a form prepared by the Community Development Department pursuant to § 150.023 of this code. The completed application form shall be accompanied by:

      (1)   Plans. Plans and description sufficient to indicate the nature of the project involved and the proposed use with site plan and elevations of all proposed buildings, together with an estimate of cost.

      (2)   Period of approval. 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 the variance.

   (B)   Fee. A filing fee pursuant to the town fee schedule shall accompany each application. If the Board of Adjustment finds that it has no jurisdiction to hear the matter, the filing fee shall not be refunded to the applicant. From the time of filing the application until the time of the hearing, the application and all maps, plans and other accompanying data shall be available for public inspection during office hours at the office of the Town Clerk.

   (C)   Hearing and notice. Upon receipt in proper form of any application, the Board of Adjustment shall proceed to hold a public hearing upon the application within 45 calender days after the filing at which time all persons shall be given an opportunity to be heard. The Board of Adjustment shall cause one notice of the hearing to be published in a newspaper of general circulation in the area of the municipality and shall cause to be posted three notices of hearing, one of which shall be on the subject property and the other two within 300 feet thereof, giving at least 15-days’ notice of the hearing, and the time and place where the hearing will be held. The notice, both as published and posted, shall also show the nature of the variance or exception requested and state that anyone wanting to be heard may appear in person or by writing.

   (D)   Findings. A variance from the provisions of this Development Code shall not be authorized unless the Board shall find upon sufficient evidence:

      (1)   There are special circumstances or conditions applying to the land, building or use referred to in the application which do not apply to other properties in the district;

      (2)   The special circumstances were not created by the owner or applicant;

      (3)   The condition or situation of the specific piece of property for which the variance is sought is not of so typical or recurrent a nature as to make reasonably practicable the formulation of a general regulation for the conditions or situations (if, in the Board’s opinion, the formulation of a general regulation is more appropriate than a variance, the Board shall table its consideration of the application and communicate to the Council its recommendation for a general regulation; should the Council not act upon the recommendation within 30 calender days, the Board shall reconsider the application);

      (4)   The authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and

      (5)   The authorizing of the variance application will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, the neighborhood or the public welfare in general.

   (E)   Action. The Board shall prescribe in connection with any variance the conditions, as the Board may deem necessary in order to fully carry out the provisions and intent of this Development Code. The conditions may include, among other things, a limitation of the time for which the variance shall be valid. Violation of any condition shall be a violation of this Development Code, and the violation shall render the variance null and void.

   (F)   Review. Any person aggrieved by a decision of the Board may, within 30 days after the decision of the Board, and not thereafter, petition the Superior Court to review the Board’s decision pursuant to A.R.S. § 9-462.06, as amended, and the Superior Court Rules for Special Actions.

(Prior Code, Ch. 4, Art. I, § 4-9) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   (A)   Creation. There is hereby created the position of Community Development Director who shall be hired by the town. The Community Development Director shall be responsible with enforcement of this Development Code. As used in this Development Code, COMMUNITY DEVELOPMENT DIRECTOR shall include staff authorized by the Community Development Director.

   (B)   Powers and duties. The Community Development Director shall perform the following functions:

      (1)   Enforce this Development Code by ensuring that all activities, construction and development within the town are in conformance with the town zoning regulations;

      (2)   Accomplish all administrative tasks required by this Development Code including informing and processing applications for all persons requesting a re-zoning, use permit, plan review, variance, appeal or other action of the Planning and Zoning Commission, Board of Adjustment or Town Council; and

      (3)   Subject to the policies of the Planning and Zoning Commission and Town Council, interpret this Development Code to members of the public, town departments and other branches of government. Serve as planning staff to the Town Council, Planning and Zoning Commission, Board of Adjustment, Historic District Advisory Commission, and, as necessary, attend meetings of these and other organizations and agencies.

(Prior Code, Ch. 4, Art. I, § 4-10) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   (A)   Creation and composition. The Technical Advisory Committee (hereinafter “Committee” or “TAC”) is created and shall consist of the Town Manager, Community Development Director, Building Official, Town Engineer, Senior Planner, Economic Development Director, Fire Chief, Police Chief and the Public Works Director, or their designees. The TAC may also include members of utility companies and agencies impacted by the specific request at hand.

   (B)   Conflict. When any Committee member has direct pecuniary or proprietary interest in any matter before the Committee, the member shall be excused and refrain from participating in voting on any matters over which the conflict occurs while being considered by the Committee.

   (C)   Meetings. Meetings shall be at the call of the Community Development Director, or designee, or on an as-needed basis. Minutes showing the actions of the Committee shall be compiled, distributed to Committee members and a copy shall be kept in the Community Development Department. The Community Development Director, or designee, shall serve as Chairperson to the Committee and a person designated by the Community Development Director shall serve as Secretary.

   (D)   Intent. The Committee review of development plans and proposals is intended to provide guidance and direction to a prospective applicant, developer or builder in order to achieve site development that conforms with the town’s general plan, Town Code and regulations and its goals for quality development in the community. Technical review is intended to promote safe, attractive, harmonious and compatible development within the town and is, therefore, considered to be in the interest of the public health, safety and general welfare. Complete submittal requirements for technical review are outlined for the various applications and procedures referenced throughout this Development Code. Additional information and exhibits may be required to explain the full scope and impacts of a proposal. Additional information and exceptions to the minimum submittal requirements are subject to the discretion of the Community Development Director.

   (E)   Powers, duties and jurisdiction. The Committee shall have power to recommend, conditionally recommend or deny any application, not in compliance with this Development Code. The applicant shall be responsible for proving that the intent and purpose of this Development Code and other applicable provisions of the Town Code will be satisfied.

      (1)   The Committee, upon hearing an application, may impose reasonable conditions to carry out the intent of this Development Code. Violation of any of these conditions shall be considered a violation of this Development Code, and shall render any permit null and void.

      (2)   Prior to development, construction, remodel, change or alteration of any project subject to technical review, the property owner or designated agent shall secure written approval from the Community Development Director or designee. Technical review is required for design review applications, multi-family projects, manufactured home subdivisions, recreational vehicle parks, commercial and industrial developments, public facilities, public and private utilities and other uses identified in zoning districts as required by this Development Code.

   (F)   Review. The Committee shall review and comment on all residential development which contain four or more dwelling units, commercial or industrial developments and businesses or buildings which do not constitute a subdivision.

(Prior Code, Ch. 4, Art. I, § 4-11) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   The pre-application conference stage of the planning approval process is an exploratory period preceding actual preparation of detailed development plans by the applicant. During this time, applicants, developers and builders make their intentions known informally to the town, are advised of specific public objectives related to the proposed development and are given detailed information regarding approval procedures and requirements. At a minimum, the applicant shall submit a site plan (or floor plan for tenant improvements), building elevations, and proposed uses to sufficiently convey the scope of the applicant’s intentions for the subject property.

(Ord. 689-20, passed 4-6-2020)

   (A)   The purpose of design review is to:

      (1)   Promote development consistent with the town’s codes, policies, guidelines, zoning regulations and overall goals and vision per the town’s general plan;

      (2)   Ensure that development is compatible and in character with the surrounding area;

      (3)   Provide an opportunity to address site plan, architectural, engineering and other development issues at a preliminary level, as requested by the Technical Advisory Committee, to facilitate the subsequent preparation of construction plans, and to assist in expediting permitting and development activities; and

      (4)   Allow an opportunity to review the aesthetic and functional aspects of a proposed development or project.

   (B)   Projects within planned unit developments, including single-family homes; multiple-family developments, including condominiums and townhomes; office; commercial; mixed-use; institutional; and industrial projects, are subject to the design review process if any one of the following requirements is met:

      (1)   Project or development includes new or modified vertical (above grade) development or construction components, including permanent signs, that require a building permit, except as noted in divisions (C) and (D) below; and/or

      (2)   Project includes new or modified horizontal project components, such as parking areas, driveways, circulation areas, landscape areas, outdoor storage areas, retention basins, parks and/or similar site elements, except as noted in divisions (C) and (D) below.

   (C)   Grading plans, civil improvement plans, underground utility installations and similar projects, as may be determined by the Community Development Director, are exempt from the design review process.

   (D)   Interior remodels or tenant improvements that do not alter the exterior dimensions or physical appearance of a structure and/or the historical integrity of a structure within the town’s historic district, are exempt from the design review process.

   (E)   Applications for design review shall be submitted to the Community Development Department and shall contain, where applicable:

      (1)   Completed design review application forms and fee;

      (2)   An accurate site plan drawn at an appropriate scale showing the boundaries and dimensions of the site, acreage of the site, a north arrow, existing zoning of the site and contiguous property, dimensions and center-lines of all streets, dimensions of all alleys and easements bounding or touching the site, dimensions from all street center lines to existing curb, gutter, sidewalk, water lines, sewer lines and irrigation lines, location, dimensions, director and bearing of any major physical features such as railroads or drainage ways and existing topographic contours at intervals of not more than two feet, or in a manner acceptable to the Community Development Director;

      (3)   Parcel data, including parcel number and/or legal description; lot dimensions; setbacks; floor area ratio; building heights; lot coverage; and other relevant data as applicable to the proposed development. Calculations shall be tabulated on the map for storm water retention, parking spaces, number of dwelling units, compute density of dwelling units as provided in the town general plan, area of open space, building floor area by category of use and percentage and area of coverage of the site;

      (4)   Building elevations;

      (5)   Proposed location of open space and recreational facilities on the site, location and type of landscaping, location and height of screen walls, and location and specifications for any other proposed features of development contributing to the use of the site and to the compatability of the proposed development with the surrounding area;

      (6)   Preliminary grading and drainage plan for site and development context showing all proposed public dedications, if any, within the site. Site plan shall also include the proposed location, proposed grading and drainage, dimensions and use of all buildings, structures and signs to be located on the site;

      (7)   Materials and colors exhibits;

      (8)   Signage plan;

      (9)   Location, quantity and typical stall dimensions of off-street parking and loading facilities, points of ingress to and egress from the site, including width of curb cuts, water, sewer, electric, gas and other public and private utility line sizes and locations, internal circulation, refuse collection areas, fire lanes and fire hydrants, off-site improvements and street lighting; and

      (10)   Other ancillary documentation required to complete the review as supported by applicable town code and guidelines.

   (F)   Town staff shall review the design review application for the following:

      (1)   The proposed development complies with all provisions of this Development Code and all other ordinances, master plans, general plans, guidelines, goals, objectives and standards of the town;

      (2)   Building heights, building locations, access points and parking areas of the proposed development will not negatively impact adjacent properties or the surrounding neighborhood;

      (3)   The proposed development promotes a functional relationship of structures to one another, to open spaces and to topography, both on the site and in the surrounding neighborhood;

      (4)   The height, location, materials, color, texture, area, setbacks and mass, as well as parts of any structure (buildings, walls, signs and lighting) and landscaping is appropriate to the development, the neighborhood and the community;

      (5)   Ingress, egress, internal and external traffic circulation, off-street parking facilities, loading and service areas, and pedestrian ways are designed as to promote safety and convenience;

      (6)   The architectural character of the proposed structure is in harmony with, and compatible to, structures in the neighboring environment and the architectural character desired for the town; avoiding excessive variety or monotonous repetition; and

      (7)   All mechanical equipment, appurtenances and utility lines are concealed from view and integral to the building and site design.

   (G)   Town staff will review the design review application materials to determine if the design review application falls within the final decision making authority of the town staff for an administrative decision, or if the application requires final action by the Planning and Zoning Commission and/or the Historic District Advisory Committee.

   (H)   Design review applications reviewed administratively by town staff shall include applications for:

      (1)   Standard architectural plans for single-family, two-family, and three-family attached production homes, attached signs, except where required by the planned unit development or comprehensive sign plan or within the historic district;

      (2)   Landscaping, parks and recreational fields, except for commercial recreational facilities; and/or

      (3)   Projects on less than one acre and/or involving less than 10,000 square feet of floor/building area, except for projects within the historic district.

   (I)   Design review applications can be approved, approved with conditions, or denied. Design review decisions rendered by town staff are administrative and can be appealed within 15 calender days from the date of the decision to the Planning and Zoning Commission.

   (J)   A design review applications that receive an administrative determination are subject to appeal pursuant to division (I) above, and shall be forwarded for consideration and recommendation to the Planning and Zoning Commission. The Planning and Zoning Commission shall hear the application at a scheduled meeting, shall review the findings of staff, and shall either:

      (1)   Approve the application;

      (2)   Deny the application; or

      (3)   Approve the application with conditions.

   (K)   If the application is found to be lacking, or in noncompliance with any of the items of this Development Code, and adequate resolution cannot be ensured by the applicant, the application shall be denied, and the applicant shall be provided a written response by the Community Development Department, stating the reasons for denial. The applicant may appeal the Planning and Zoning Commission’s decision to the Council within 15 calender days of the decision. The appeal letter shall describe the unresolved issues and describe what design solutions are proposed by the applicant. The applicant shall be notified of the date of the Town Council meeting to consider the appeal a minimum of 15 calender days prior to the public meeting. The decision of the Town Council shall be final.

(Prior Code, Ch. 4, Art. V, § 4-461) (Ord. 432-06, passed 6-19-2006; Ord. 605-13, passed 2-3-2014; Ord. 689-20, passed 4-6-2020)

   (A)   Intent. Regulations set forth in this Development Code and boundaries of zoning districts established by the town may be amended, supplemented, changed, modified or repealed when deemed necessary to best serve the public interest, health, comfort, convenience, safety and general welfare of the citizens of the town.

   (B)   Review. Upon receipt of an application for an amendment, including requests for use permits and special use permits, the Community Development Director or designee, shall review the application for completeness and applicability to this Development Code and the general plan, comment on the proposal and shall adhere to the posting and publication requirements required by state law, including compliance with the citizen review process provided in § 150.022, prior to the public hearing before the Planning and Zoning Commission. Requests for amendments shall be considered by the Planning and Zoning Commission for the purpose of making a written recommendation, which shall, after holding a public hearing at which parties of interest and citizens have been heard, include the reasons for the recommendations to the Mayor and Council.

      (1)   The Town Council may adopt the recommendation of the Commission without holding a second public hearing if there is no objection, request for public hearing or other protest.

      (2)   The Town Council shall hold a public hearing if requested in writing by the applicant, or by any person appearing in opposition at the Commission hearing, or by any person who has filed a written protest, in accordance with state law.

      (3)   If an application for amendment is denied by Council, or the application is withdrawn after Commission hearing, the Commission shall not consider an application for the same amendment within one year from the date of the original hearing.

   (C)   Adoption. Adoption of an amendment may be subject to the conditions as the Council deems applicable to enforce this Development Code. If one condition is a schedule for development of specific uses for which zoning is requested, and at expiration of that period the property has not been developed according to the schedule, it may be reverted to its former zoning classification by the Town Council.

   (D)   Application. An application for an amendment shall be filed and signed by:

      (1)   The owner of the property;

      (2)   One or more of several joint owners of property whose ownership constitutes a majority interest in the property;

      (3)   Seventy-five percent or more of the owners of property in the area to be affected, when the application affects more than one property; or

      (4)   An agent of any property owner(s) authorized to sign as above, when the authority of the agent is in writing and filed with the application.

   (E)   Protests. If the owners of 20% or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property, excluding government owned property, file a protest in writing against a proposed ordinance amendment, the amendment shall not become effective except by favorable vote of three-fourths of the Council. If any member of the Council is unable to vote because of a conflict of interest, then the required number of votes shall be three-fourths of the remaining Council members (provided that the required number of votes shall not be less than a majority of the full Council). For the purposes of this division, the vote shall be rounded to the nearest whole number. A protest filed pursuant to this division (E) shall be signed by the property owners, excluding government owned property, opposing the proposed amendment and filed in the Office of the Town Clerk not later than 12:00 p.m. one business day before the date on which the Council will vote on the proposed amendment or on an earlier time and date established by the Council.

(Prior Code, Ch. 4, Art. I, § 4-13) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020; Ord. 750-25, passed 1-21-2025)

   (A)   Purpose. Because there are some uses, which may be beneficial to have within certain zones, and because these uses may not be completely compatible with adjoining or nearby permitted uses if not specifically controlled, this division permits these uses after certain conditions have been met. The process outlined here will allow the Planning and Zoning Commission and Council to review and approve or disapprove applications for these uses. It will also allow for the modification of an application, if desired, to make it more harmonious and compatible with adjoining and/or nearby uses.

   (B)   Permitted uses. Only those uses listed in the conditional use section of each zone, or as otherwise specified in this Development Code, shall be permitted under the process provided for by this division.

   (C)   Application. Application for a conditional use permit shall be made by a property owner or authorized agent upon forms provided by the municipality. All information requested on the application form must be completed before the application will be processed.

   (D)   Public hearing. After receipt of a completed application form under this division, including filing fee and list of property owners within 300 feet of the property, items shall be placed on the Planning and Zoning Commission’s agenda for public hearing within 60 days after receipt of the application.

   (E)   Notice. Notice of the public hearing before the Planning and Zoning Commission shall be given in the manner established in § 150.015. In proceedings that are not initiated by the property owner, notice of the public hearing shall also be mailed to the owners of property within 300 feet of the subject property boundary, as recorded with Pinal County. This mailing shall occur at least 15 days prior to the public hearing.

   (F)   Action by Commission. Within 35 calender days of the public hearing under this division, the Planning and Zoning Commission shall recommend approval, approval with conditions or disapproval of the application. Notice of the recommendation shall be sent to the Council and the applicant.

   (G)   Review. In reviewing an application for a conditional use permit, the Planning and Zoning Commission shall consider:

      (1)   The site of the proposed use and the surrounding land uses;

      (2)   Access to the site; and

      (3)   The impact on adjoining and surrounding property if the application is approved.

   (H)   Conditions. In making its recommendation, the Planning and Zoning Commission may include conditions which are deemed necessary to protect the public health, safety and general welfare. These conditions may include, but are not limited to:

      (1)   Regulation of use;

      (2)   Special yard requirements;

      (3)   Special buffers, fences or walls;

      (4)   Special parking areas;

      (5)   Street dedications and/or improvements or appropriate bonds;

      (6)   Regulation of access points;

      (7)   Sign restrictions;

      (8)   Required maintenance of yard;

      (9)   Regulations of odors, noise, light or other special environmental factors;

      (10)   Restrictions of hours of activity;

      (11)   Duration of use;

      (12)   Completion of development; and

      (13)   Other conditions which will make the proposed use more compatible and harmonious with the surrounding land uses. In no case, however, shall these conditions be less restrictive than those found in the existing zoning classification.

   (I)   General requirements. In addition to any of the above special conditions, the Planning and Zoning Commission and Council shall impose the following general requirements on every conditional use permit which is granted:

      (1)   No conditional use approval shall be final until all conditions imposed have been met;

      (2)   All of the special conditions shall constitute restrictions which run with the land and which shall be binding upon the owner of the land, successors or assigns;

      (3)   The special conditions imposed by the Planning and Zoning Commission and/or Council shall be consented to in writing by the applicant prior to issuance of a conditional use permit; and

      (4)   The resolution of the Council granting the application together with all consent forms shall be recorded by the Recorder of the county.

   (J)   Action by Council. Upon receipt of a recommendation under this division from the Planning and Zoning Commission, the Council shall approve, approve with conditions or deny the application. Before acting on the application, the Council may hold a public hearing on the application. If it does, notice of the hearing will be in compliance with § 150.015. If it does or does not hold a public hearing, the Council will approve, approve with conditions or disapprove the application within 30 days of receiving a recommendation from the Planning and Zoning Commission.

   (K)   Protests. If written protests are received to an application filed under this Development Code, the regulations of § 150.015(E) shall apply.

   (L)   Revocation. The Council, acting on the recommendation of the Planning and Zoning Commission or on its own, may revoke any conditional use permit for noncompliance with any of the conditions set forth in the resolution granting the permit. This revocation shall occur by resolution of the Council after a public hearing, notice for which shall be in accordance with § 150.015. Written notice of the possibility of revocation shall be mailed to the applicant or successor not less than 30 days prior to the Council meeting at which the issue will be discussed. The revocation of a conditional use permit shall have the effect of denying all rights and privileges granted by the approval of the conditional use permit.

   (M)   Time limit. If an established time limit for development expires or if a time limit for the duration of the carrying on of the conditional use has been established as a condition of approval, the permission for the use shall be considered to be revoked upon the date of expiration without any notification to the applicant or successor.

   (N)   Alteration of structures. Any proposed changes, either additions, enlargements or modifications of the structures approved in any conditional use permit or any proposed extension of the uses into areas approved in any permit shall follow the same process as outlined in this division. No building permit for any change shall be issued unless the Council has approved the change.

(Prior Code, Ch. 4, Art. I, § 4-14) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   (A)   Purpose. Because there are certain uses intended to be temporary in nature, this section establishes a process for review and approval of certain uses that are intended to be a limited duration of time and will not permanently alter the character or physical facilities of the site where they occur. The process outlined here will allow the Community Development Director and the Planning and Zoning Commission to review and approve or disapprove applications for temporary uses. It will also allow for the modification of an application, if desired, to make it more harmonious and compatible with adjoining and/or nearby uses.

   (B)   Permitted uses. Only those uses listed in the temporary use section of each zone, or as otherwise specified in this Development Code, shall be permitted under the process provided for by this division.

   (C)   Permit procedures.

      (1)   Application. Application for a temporary use permit shall be made by a property owner or authorized agent upon forms provided by the municipality. All information requested on the application form must be completed before the application will be processed. Applicant may apply for approval of a temporary use not less than 45 days before the use is intended to begin accompanied by payment of the required fee.

      (2)   Required findings. The decision-making authority (Community Development Director, Planning and Zoning Commission, or Town Council, as applicable) may approve an application for a temporary use permit to allow a temporary use for a period of time, only upon making all of the following findings:

         (a)   The proposed use will not unreasonably affect or have a negative impact on adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the town;

         (b)   The proposed use is consistent with a land use permitted by the present zoning district within which the site is located, or a land use considered permitted by a zoning district listed in the general plan as being consistent with the general plan land use designation of the site;

         (c)   The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas; and

         (d)   Appropriate controls are in place that will ensure the premises will be kept clean, sanitary, free of litter, and all circulation and parking surfaces will include a suitable dust- controlled surface.

      (3)   Approvals. The Community Development Director may approve an application for a temporary use permit to allow a temporary use for a period of time not to exceed 45 days. All temporary use requests for a period of time exceeding 45 days may be approved by the Planning and Zoning Commission. Temporary use permits shall be valid for a maximum of two years.

      (4)   Conditions. In approving a temporary use permit, the decision-making authority may impose reasonable conditions deemed necessary to achieve the findings for a temporary use permit listed above, including but not limited to:

         (a)   Regulation of vehicular ingress and egress and traffic circulation;

         (b)   Regulation of dust control surfaces;

         (c)   Regulation of lighting;

         (d)   Regulation of solid waste removal;

         (e)   Regulation of hours, total number of events/duration for the permit, and other characteristics of operation;

         (f)   Submission of final plans to ensure compliance with conditions of approval;

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

         (h)   Such other conditions as the decision-making authority may deem necessary to carry out the intent and purpose of this section.

      (5)   Appeals. The Director’s decision may be appealed to the Planning and Zoning Commission if a written request from the applicant is received by the Community Development Department within 15 calender days after the Director’s final decision is rendered. Appeals will be heard, and a final decision will be rendered by the Planning and Zoning Commission at their next regular meeting after seven calender days from receipt of the appeal. The Planning and Zoning Commission’s decision may be appealed to the Town Council if a written request from the applicant is received by the Community Development Department within 15 calender days after the Commission’s final decision. Council’s consideration of the appeal will be scheduled at a time to be determined by the Town Clerk.

   (D)   Notice. Notice of the proposed temporary use permit shall be posted on the subject property for a period of 15 days prior to the date scheduled for final decision of the request. Notice shall also be mailed to property owners within 300 feet of the property boundaries proposed for the temporary use. Additional notification may be required at the Community Development Director’s discretion.

   (E)   Revocation. The decision-making authority may revoke any temporary use permit for noncompliance with any of the conditions set forth in granting the permit. This revocation shall occur after a public hearing, notice for which shall be in accordance with § 150.015. Written notice of the possibility of revocation shall be mailed to the applicant and property owner not less than 30 days prior to the meeting at which the issue will be discussed. The revocation of a temporary use permit shall have the effect of denying all rights and privileges granted by the approval of the use permit.

   (F)   Time limit. If an established time limit for the temporary use permit expires or if a time limit for the duration of the carrying on of the use has been established as a condition of approval, the permission for the use shall be considered to be revoked upon the date of expiration without any notification to the applicant.

   (G)   Effective dates.

      (1)   Permit period 45 days or less. A temporary use permit issued for 45 days or less shall become effective on the date the permit is approved by the decision-making authority.

      (2)   Permit period more than 45 days. A temporary use permit for more than 45 days shall become effective seven days from the date the permit is approved by the decision-making authority.

(Ord. 689-20, passed 4-6-2020)

   Regulations specified in this Development Code shall be subject to the following exceptions, modifications and interpretations:

   (A)   Extension of time. Under special conditions, the Council may grant extensions of time unless otherwise set forth in this Development Code.

   (B)   Use of existing lots of record. In any district where dwellings are permitted, a single-family dwelling may be located on any lot or plot of official record that existed on the effective date of this Development Code, which does not meet area and/or width requirements of this Development Code.

   (C)   Structures permitted above the height limit. Building height limitations of this Development Code may be modified as follows: public, semi-public or public service buildings, sanitariums, schools, churches and temples, when permitted in a district, may have the applicable height limit waived by the Town Council, provided that each setback is increased one foot for each foot of additional building height above the height limit otherwise provided in that district.

   (D)   Area requirements. In any residential district where neither the public water supply nor public sanitary sewer is accessible, lot area and frontage requirements shall be consistent with county or state health requirements and meet the minimum requirements of the zone district in which it is located.

   (E)   Other exceptions to yard requirements. Every part of a required yard shall be open to the sky, unobstructed by any structure, except for permitted accessory buildings, and except for ordinary projections of sills, bay windows, cornices and other features permitted elsewhere in this Development Code.

   (F)   Mixed-use yard requirements. When buildings are erected containing two or more uses housed vertically, required side yards for the first floor use shall control.

(Prior Code, Ch. 4, Art. I, § 4-15) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   Neither building permits nor certificates of occupancy may be issued until the use of building(s) and land conforms with this Development Code and all other applicable codes and ordinances.

(Prior Code, Ch. 4, Art. I, § 4-17) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   (B)   Continuance of use of building or land. The lawful use of a building or land existing on July 19, 2006 may be continued, although the use does not conform with the provisions of this Development Code for the building or land and the use may be continued providing only reasonable repairs and alterations are made. Whenever a nonconforming use of a building or land has been changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restricted use or a nonconforming use.

   (C)   Abandonment of use of building or land. In the event that a nonconforming use of any building is abandoned, and a nonconforming use discontinued for a period of three months is presumed abandoned, then any future use of the building or land shall be in conformity with the provisions of this Development Code.

(Prior Code, Ch. 4, Art. IV, § 4-91) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   (A)   Enlargement, extension, reconstruction or structural alteration of building or land. No existing building or land designed, arranged or intended for or devoted to a use not permitted under the regulations of this Development Code for the district in which the building or land is located shall be enlarged, extended, reconstructed or structurally altered unless the building and the enlargement, extension, reconstruction and structural alterations, and further use hereof, conform in every respect with the regulations specified by this Development Code for the district in which the building or land is located, provided nothing herein shall prohibit any reasonable repairs or alterations in a building or land used for the existing purposes.

   (B)   Destruction of building. If at any time any building in existence or maintained on July 19, 2006, which does not conform to the regulations for the district in which it is located, shall be destroyed by fire, explosion, during modification, remodeling, renovation or acts of God or acts of the public enemy to the extent of 50% of its value as determined by three competent appraisers, then and without further action by the Council, the building shall from and after the date of the destruction be subject to all the regulations specified by this Development Code for the district in which the land and building are located.

(Prior Code, Ch. 4, Art. IV, § 4-92) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   (A)   Neighborhood meeting. Prior to any public hearing, as required under § 150.015, on any application for any zoning ordinance that changes any property from one zoning district to another, a use or conditional use permit application that imposes any regulation not previously imposed, or that removes or modifies any regulation previously imposed, the Community Development Director or designee, shall require the applicant to conduct a neighborhood meeting or an acceptable alternative prior to a public hearing to consider the proposal. A written notice of the application shall be mailed to all adjacent landowners of the property that is subject to a re-zoning, use or special use permit application and to the other persons as the Community Development Director or designee reasonably determines to be other potentially affected citizens. In determining the number of potentially affected citizens, the Community Development Director or designee, shall review the density and intensity of residential development in the general vicinity, the existing street system and other factors that may be related to the zoning or use permit’s impact on the character of the neighborhood.

   (B)   Written notice. The written notice shall also include a general explanation of the substance of the proposed re-zoning, use permit or special use permit application and shall state the date, time and place scheduled for a neighborhood meeting, at which any adjacent landowner(s) or those other potentially affected citizens, will be provided a reasonable opportunity to express any issues or concerns that the landowner or citizen may have with the proposed zoning or use permit application.

   (C)   Publication. At the discretion of the Community Development Director, written notice shall be given at least 15 days before the neighborhood meeting in at least one of the following methods:

      (1)   The notice shall be published once in a newspaper of general circulation published or circulated in the town.

      (2)   The notice shall be posted upon the sign required in § 150.015 unless waived by the Community Development Director or designee.

      (3)   The notice shall be mailed in accordance with the same procedures, and delivered in accordance with the provisions of § 150.015.

   (D)   Time, date and location. The Community Development Director, upon consultation with the applicant, shall establish a time, date and place for the neighborhood meeting that provides a reasonable opportunity for the applicant, adjacent landowners and those other potentially affected citizens to discuss and express their respective views concerning the application and any issues or concerns that they may have with the zoning or re-zoning ordinance and use permit proposed by the application. The Community Development Director or designee shall attend the meeting, but is not required to conduct the meeting. The Community Development Director or designee shall report the results of the neighborhood meeting to the Planning and Zoning Commission and Mayor and Town Council at the time as they take action on the application.

(Prior Code, Ch. 4, Art. I, § 4-18) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)

   (A)   Applications. Applications for use permits, appeals, variances, amendments and design review shall be made in the Office of the Community Development Director on forms provided. Applications shall contain the following information supplied by the applicant:

      (1)   Vicinity ownership map. Drawn to scale, at least 8.5 inches by 11 inches, showing all parcels adjacent to and surrounding the property within a radius of 150 feet from exterior boundaries.

      (2)   Ownership lists. Typed in the form of mailing labels, containing complete names and mailing addresses of owners and parcel designations within a radius of 300 feet of the boundaries of the property.

      (3)   Plot plan. Drawn to scale showing dimensions of the property, name and width of the internal and abutting streets, roads or alleys and existing buildings, fences and easements (with distances to property lines).

      (4)   Legal description of property. Either lot or tract of a recorded subdivision, or metes and bounds description prepared by a registered engineer and licensed land surveyor and map of the same.

      (5)   Letter of explanation. Explaining the nature and intent of the proposed development, reasons justifying the request and expected effects upon surrounding neighborhoods and the town at-large.

      (6)   Additional materials. Development plans, elevations, maps and other materials may be required (in accordance with other stipulations of this Development Code).

   (B)   Fees. Fees for all matters pertinent to the administration of this Development Code will be set from time to time by resolution of the Town Council, including but not limited to the following:

      (1)   General plan amendment;

      (2)   Request for re-zoning or special use;

      (3)   Code text amendment;

      (4)   Design review;

      (5)   Appeal of site plan decision to Town Council;

      (6)   Amendment to an approved site plan;

      (7)   Use permit;

      (8)   Variance;

      (9)   Code interpretation;

      (10)   Extension of re-zoning, special use, use permit or variance;

      (11)   Continuance of application hearing at applicant’s request;

      (12)   Landscape plans review;

      (13)   Landscape inspection fee;

      (14)   Right-of-way and easement abandonment fee; and

      (15)   Annexation initiated by land owner.

   (C)   Refunds. Application fees shall not be refundable.

      (1)   The office of the Community Development Director shall determine whether a zoning application is administratively complete within 30 calendar days after receiving the application. If the office of the Community Development Director determines that the application is not administratively complete, then the procedures prescribed in A.R.S. § 9-835(E) shall be followed until the application is administratively complete. The office of the Community Development Director shall determine whether a resubmitted application is administratively complete within 15 calendar days after receiving the resubmitted application. After determining that the application is administratively complete, the town shall approve or deny the application within 180 calendar days.

      (2)   Notwithstanding division (D)(1) of this section, the town may extend the time frame to approve or deny the request beyond 180 calendar days for either of the following reasons:

         (a)   For extenuating circumstances, the town may grant a one-time extension of not more than 30 calendar days.

         (b)   If an applicant requests an extension, the town may grant extensions of 30 calendar days for each extension granted.

      (3)   This section does not apply to land that is designated as a district of historical significance pursuant to A.R.S. § 9-462.01(A)(10) or an area that is designated as historic on the National Register of Historic Places or planned area developments.

(Prior Code, Ch. 4, Art. I, § 4-16) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020; Ord. 750-25, passed 1-21-2025)

   (B)   Review. After a claim is filed, town staff shall review the claim to determine whether the enactment or application of a land use law has diminished the value of the claimant’s property. A certified land appraiser, economist, or other qualified expert may be consulted to determine the amount of the diminishment of value, if any.

   (C)   Staff recommendation. The Community Development Director shall prepare a recommendation to the Town Council to deny the claim, pay compensation for diminishment in value or rescind or modify the land use regulation.

   (D)   Town Council determination. Within 90 days of the filing of the claim, Town Council shall make a determination whether to deny the claim, pay compensation, modify or rescind the land use law or its application to the claimant’s property. The Town Council’s determination shall be made in writing and a copy shall be provided to the claimant. Any rescission or modification of the application of a land use law to an individual property shall be recorded against the property in the office of the Pinal County Recorder.

   (E)   Satisfaction of notice of claims requirements. Filing a claim pursuant to this section shall be deemed to satisfy the requirements set forth in A.R.S. 12-821.01 for filing an administrative claim against the town.

(Ord. 689-20, passed 4-6-2020)

      (1)   Any occupation or profession carried on by a member(s) of a family residing on the premises plus no more than one non-resident family member or employee.

      (2)   The use must be incidental to the use of the structure as a residence and occupy no more than 25% of the residence or no more than 200 square feet of the garage or 400 square feet of an accessory structure legally placed on the property, whichever is less.

      (3)   No alterations may made be made to the exterior elevations of the residence to accommodate the home occupation.

      (4)   There shall be no signage permitted to advertise the home occupation.

      (5)   There shall be no buildings or structures other than those permitted in the district.

      (6)   (a)   The home occupation may not generate pedestrian or vehicular traffic beyond that normal to the residential district in which it is located.

         (b)   Delivery trucks shall not continually operate in or out of the residential premises as a function of a commercial use for which a permit is required. (This provision is not intended to prohibit periodic deliveries in a truck or vehicle owned by the resident family and primarily used as a means of transportation.)

      (7)   There shall be no use of material or mechanical equipment not recognized as being part of normal household or hobby use.

      (8)   Home occupation must obtain a Town of Florence business license. A business license for a home occupation shall not be issued if the proposed business operation will constitute a fire hazard to neighboring residences; will adversely affect neighboring property values; or will constitute a nuisance or otherwise be detrimental to neighbors because of excessive traffic, excessive noise, odors, vibrations, electric disturbances, or other circumstances that disrupt the normal ambience of a residential neighborhood.

      (9)   Home occupation office activities for construction-related firms shall store any construction-related equipment, vehicles capable of carrying over one ton of payload, supplies or materials off-premises.

      (10)   The storage of flammable liquids in excess of ten gallons, related to the home occupation, shall not be stored in the residence, accessory structure, or parked vehicles at the residential site. No hazardous materials beyond normal household use may be stored as part of a home occupation in the home, accessory structure, or parked vehicles at the residential site.

   TATTOO, BODY PIERCING ESTABLISHMENT. Any establishment offering indelible designs, letters, scrolls, figures, symbols or other marks that are placed on or under the skin with ink or colors by the aid of needles or other instruments and that cannot be removed without a surgical procedure; any establishment offering designs, letters, scrolls, figures or symbols or other marks done by scarring/branding on or under the skin; any establishment where decorations or other devices are inserted into the skin; any establishment using techniques such as penetrating, perforating, boring or creating a hole in the skin or another human body part; or any establishment whose primary function is permanent body alteration for non-surgical purposes. The following establishments shall be exempt from this definition: those where offering permanent facial make-up/cosmetics ancillary to the primary business; those where procedures are performed by a person authorized by the laws of this state to practice medicine, osteopathy, chiropractic, podiatry, naturopathy or acupuncture and the procedures are performed in conformity with the standards of that profession; those where procedures are performed by registered nurses, licensed practical nurses or technicians, when acting under the supervision of a licensed physician or osteopath; those where the only type of piercing offered is ear piercing.

      (1)   Installations or facilities, underground or overhead, furnishing for the use of the public electricity, gas, steam, communication, water, drainage, sewage disposal or flood control, owned and operated by any person, firm, corporation, municipal department or board, duly authorized by state or municipal regulation.

      (2)   As used herein may also refer to the persons, firms, corporations, departments or boards, as sense requires.

      (1)   Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including both of the following:

         (a)   Equipment associated with wireless communications; and

         (b)   Radio transceivers, antennas, coaxial or fiber-optic cables, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

      (2)   Includes small wireless facilities.

      (3)   Does not include the structure or improvements on, under, or within which the equipment is located.

      (4)   Does not include non-commercial, non-business fixed wireless communications, such as television and satellite reception antennae or amateur radio antennae.

      (1)   Each antenna is located inside an enclosure of not more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of the antenna’s exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume.

      (2)   All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume pursuant to this code:

         (a)   An electric meter;

         (b)   Concealment elements;

         (c)   A telecommunications demarcation box;

         (d)   Ground-based enclosures;

         (e)   Grounding equipment;

         (f)   A power transfer switch;

         (g)   A cut-off switch; and/or

         (h)   Vertical cable runs for the connection of power and other services.

(Prior Code, Ch. 4, Art. II, § 4-37) (Ord. 432-06, passed 6-19-2006; Ord. 593-13, passed 4-1-2013; Ord. 601-13, passed 9-16-2013; Ord. 662-18, passed 8-20-2018; Ord. 668-19, passed 4-15-2019; Ord. 667-19, passed 11-18-2019; Ord. 699-21, passed 3-15-2021; Ord. 733-24, passed 2-21-2024)