Guadalupe City Zoning Code
PROCEDURES
§ 154.030 AMENDMENTS.
(A) The regulations and boundaries set forth in this chapter may be amended, supplemented, changed, modified, or repealed whenever deemed necessary to best serve the public interest, health, comfort, safety, and general welfare of the citizens of the town.
(B) Before any such amendments can be considered by the Town Council, a public hearing shall be held at which parties of interest and citizens are to be heard.
(C) (1) Any recommendation of approval for an amendment, or any adoption of an amendment, may be subject to such conditions as the Council deems applicable in order to fully carry out the provisions of this chapter.
(2) If the condition regards a schedule for development of the specific use or uses for which zoning is requested and at the expiration of that period the property has not been developed according to said schedule, it shall revert to its former zoning classification without legislative action. Any request for an extension of amendment to the conditions granted shall be considered as a new application.
(D) Applications for amendments shall be made in the office of the Town Manager/Clerk by the owner or owners of real property, or by the Town Council on its own motion.
(E) (1) If the owners of 20% or more, either of the area of the lands included in the proposed ordinance or zoning map change, or those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or those directly opposite thereto extending 150 feet from the street frontage of opposite lots file a protest in writing against a proposed ordinance amendment, such amendment shall not become effective except by a favorable vote of three-fourths of all members of the Town Council.
(2) If any members of the Town Council are unable to vote on such a questions because of conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the Town Council, provided that such requirement number of votes shall in no event be less than the majority of the full membership of the Town Council.
(Zoning Code, Art. I Part III)
§ 154.031 VARIANCES.
(A) Application for a variance of zoning regulations shall be filed upon a form provided and shall be accompanied by plans and description sufficient to indicate the nature of the variance involved.
(B) A variance from the provisions of this chapter shall not be authorized unless the Town Council shall find upon sufficient evidence:
(1) There are special circumstances or conditions applying to the property, including its size, shape, topography, location, or surroundings, the strict application of this chapter will deprive such property of privileges enjoyed by other properties in the same district;
(2) Such special circumstances were not created by the owner or applicant; and
(3) The authorizing of the application will not be materially detrimental to persons residing or working in the vicinity nor constitute the granting of special privileges inconsistent with the limitations of adjacent property, the neighborhood, or the public welfare in general.
(C) The Council shall prescribe such conditions as the Council may deem necessary in order to fully carry out the provisions and intent of this chapter. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this chapter and such violation shall render the variance null and void.
(D) From the time of filing the application until the time of such 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 Manager.
(E) Upon receipt in proper form of any such application, the Council shall proceed to hold a public hearing upon said application not more than 30 days nor less than 15 days after such filing, at which time all persons shall be given an opportunity to be heard.
(F) Any person aggrieved by a decision of the Council, after hearing an application made by any taxpayer or municipal officer, may petition for a writ of certiorari to review the Council’s decision pursuant to A.R.S. §§ 9-462 et seq., as amended.
(Zoning Code, Art. I Part III)
§ 154.032 EXCEPTIONS AND MODIFICATIONS.
The regulations specified in this chapter shall be subject to the following exceptions, modifications, and interpretations.
(A) Extension of time. Under special conditions, the Council may grant extensions of time otherwise set forth in this chapter.
(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 as of the effective date of this chapter which does not meet area and/or width requirements of this chapter, provided that the following conditions are met:
(1) The sum of the side yard widths of any such lot or plot shall not be less than 25% of the width of the lot, but in no case less than 10% of the width of the lot for any one side yard;
(2) The depth of the rear yard of any such lot need not exceed 20% of the depth of the lot, but in no case shall be reduced below 20 feet; and
(3) No building permit shall be issued for construction on any substandard lot, which lot was of record at the time of the adoption of this chapter, if said lot is adjacent to and has continuous frontage with any other lot which at the time of the adoption of this chapter was in the same ownership or whose ownership has beneficial interest in said lot, unless said lots are combined into one lot meeting the requirements of the zoning district which is applicable.
(Zoning Code, Art. I Part III)
§ 154.033 APPEALS TO ADMINISTRATIVE DECISIONS.
(A) (1) An appeal shall stay all proceedings in the matter appealed from, unless the officer from whom the appeal is taken certified to the Council that, by reason of the fact stated in the certificate, the stay would in his or her opinion cause imminent peril to life or property.
(2) In such case, proceedings shall not be stayed, except by a restraining order granted by the Council or by a court of record on application and notice to the officer from whom the appeal is taken.
(3) The Council shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public.
(B) The concurring vote of a majority of the Council shall be necessary to reverse any order or decision of an administrative official, or to pass or to affect any variations from the terms and conditions of this chapter.
(Zoning Code, Art. I Part III)
§ 154.034 NOTIFICATION.
(A) Upon receiving a complete application for any specified request, the Town Manager/Clerk shall place the request upon the agenda for a regular meeting of the Council within the number of days specified in this chapter from the date of application submission to hearing date, or if the number of days are not specified, place the request upon the agenda on the next available regular meeting of the Council.
(B) (1) For all Council hearings, the time, place, and date of the hearing shall be posted on the property affected, at least 15 days prior to the hearing.
(2) It shall not be the responsibility of the town to maintain the posting once erected. At least 15 days notice of time, place, and date of such hearing shall be published in an official paper of the town or a paper of general circulation in the town.
(3) The notice required to be published and posted shall also be mailed to the last known address of all owners of property within 150 feet of the property proposed to be rezoned or for which a variance is to be considered by said amendment, said owners to be determined by a current list of ownership.
(4) This list of owners shall be obtained not more than 30 days prior to the date of hearing before the Council and said notices shall be mailed no less than 15 days prior to the date of the first public hearing.
(5) In the event that the requests for amendments to the general requirements and uses are made, no application or posting shall be required but all of the requirements of this provision shall be adhered to.
(Zoning Code, Art. I Part III) (Ord. O2020.16, passed 4-23-2020)
§ 154.035 SITE PLAN CRITERIA, APPLICATION, CONTENT, AND REVIEW.
(A) Criteria. In considering any application for site plan approval, the Council shall be guided by the following criteria.
(1) The Council shall examine the application to ensure that all provisions of this chapter and all other ordinances, master plans, general plans, and standards of the town shall be complied with where applicable.
(2) The proposed development shall not have any detrimental effect upon the general health, welfare, safety, and convenience of persons residing or working in the neighborhood.
(3) The architectural character of the proposed structure shall be in harmony with, and compatible to, those structures in the neighboring environment, and the architectural character adopted for any given area, avoiding excessive variety or monotonous repetition and shall take cognizance of the unique climatological and other environmental factors of this region and promote an indigenous architectural feeling.
(B) Application.
(1) The Town Council shall prescribe the form and content of applications and necessary accompanying data. The application shall be filed with the Zoning Administration.
(2) Applications shall be made by the owner of the property or his or her authorized agent. If the applicant is not the property owner, a letter from the property owner authorizing the agent to act in his or her behalf shall accompany said application.
(C) Contents.
(1) A site plan drawn to scale, indicating precisely what is planned for the property, including the following information, as determined necessary by the officer charged with administering this chapter may be required:
(a) Lot dimensions;
(b) All building and structures existing and proposed;
(c) Yards and spaces between buildings;
(d) Walls, fences, and landscaping;
(e) Vehicular, pedestrian, and service access;
(f) Off-street parking facilities, including the number of spaces and dimensions of parking areas;
(g) Signs and lighting, including location;
(h) Outdoor storage and activities;
(i) Drainage and grading plans;
(j) Refuse disposal facilities;
(k) Street dedication and improvements;
(l) Size, shape, and all adjacent rights-of-way; and/or
(m) Other data as may assist in determining the effect of development on surrounding property.
(2) Design and development standards.
(a) All site improvements or those improvements required in public rights-of-way adjacent to the subject property shall conform to all pertinent sections in the town code, including, but not limited to, standard specifications, street rights-of-way width, and the subdivision ordinance of the town.
(c) Lighting for subject property shall be directed towards the site and shall not cause undesirable glare to nearby residential properties.
(D) Review.
(1) The Town Council may approve, with or without conditions, a development or portion thereof, if it finds that:
(a) All provisions of the ordinances of the town have been complied with; and
(b) All provisions of master plans, the comprehensive plan, and development policies and standards of the town have been complied with.
(2) An extension of approval may be granted if the recipient files for the extension prior to the approval becoming void and the Committee finds that the request justifies extension of the approval.
(3) The Town Council may find that special conditions on the property require one or more of the following:
(a) Additional height limitations;
(b) Additional building setback;
(c) Limited vehicular access; or
(d) Off-site improvements in public rights-of-way adjacent to the subject property.
(E) Enforcement.
(1) Prior to the issuance of a building permit within any district subject to site plan review, the Zoning Administrator shall ascertain that the Council has approved plans which are in conformance to those presented with the building permit application and that the time limitations imposed by this chapter or the Council have not elapsed.
(2) The Zoning Administrator shall ensure that all matters approved by the Council are undertaken and completed according to the approval of the Council and is hereby authorized and required to cause to be stopped any work attempted to be done without or contrary to the approval of the Council and shall cause any violator to be prosecuted.
(F) Violations and penalties.
(1) Any violation of these provisions by any person shall be prohibited and unlawful and such person shall be deemed to be guilty of a misdemeanor punishable upon conviction in accordance with the general penalty provision of the town code, and further, in addition to other remedies, the provisions of this chapter may be enforced by means of injunctive relief.
(2) Prior to any building being occupied, there must be full compliance with all requirements of the Council.
(Zoning Code, Art. I Part III) Penalty, see § 154.999
§ 154.036 APPLICATIONS AND FEES.
(A) Applications.
(1) Applications for amendments, site plans, use permits, appeals for interpretations, or variances shall be filed with the Zoning Administration.
(2) Each application shall contain the following information supplied by the applicant:
(a) Vicinity ownership map. A map drawn to scale, at least eight and one-half inches by 11 inches showing all parcels in the vicinity adjacent to and surrounding the property, within a radius of 150 feet from the exterior boundaries of the property;
(b) Ownership list. Typed or printed list containing complete names and mailing addresses of owners and of parcels within a radius of 150 feet of the boundaries of the property;
(c) Plot plan. A map drawn to scale, at least eight and one-half inches by 11 inches showing the dimensions of the property and the name and width of all internal and abutting streets, roads, or alleys, and any existing buildings, fences, easements, and the like, with distances to property lines;
(d) Legal description. An accurate description of the property, either a lot or tract of a recorded subdivision, or a metes and bounds description prepared by a registered engineer or licensed land surveyor; and
(e) Letter of explanation. A letter explaining the nature and intent of the proposed development and reasons justifying the request. References to effects produced by the request proposed upon surrounding neighborhoods and the town at large should be included.
(3) Additional materials such as development plans, elevations, maps, and other materials may be required in accordance with other stipulations of this chapter.
(B) Fees.
(1) Upon the filing of an application, the applicant shall pay a filing fee in accordance with the following schedule.
Type of Application | Fee |
Type of Application | Fee |
Appeals of administrative decisions | $25 |
Site plan review application | $50 |
Amendments to the Zoning Map for: | |
Continued items, continued at the request of the applicant after the property has been posted and the public hearing notices are mailed | $25 |
Multi-family residential, commercial, and industrial districts | $400 |
Planned area development | $400 |
Single-family residential | $100 |
Site plan review application | $50 + $25/acre for each acre over one |
Conditional Use Permits | |
Manufactured homes | $50 |
All other | $50 |
Variances | |
Single-family residential | $50 |
All other | $50 |
(2) No part of the application fees shall be returnable after an application is advertised.
(3) An application initiated by the Town Council shall not be subject to the requirements of a filing fee.
(Zoning Code, Art. I Part III) (Ord. O2020.16, passed 4-23-2020; Ord. O2020.19, passed 4-23-2020)
§ 154.037 BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY.
Neither building permits nor certificates of occupancy may be issued until the use of the building and land conform to the provisions of this chapter.
(Zoning Code, Art. I Part III)