1.   General Plan amendments under § 14.05.04A.;

      2.   Development Code amendments under § 14.05.04K.;

      3.   Zoning Map amendments under § 14.05.04K.;

      4.   Planned Development general development plans under § 14.05.04L.;

      5.   Appeals of Commission decisions under § 14.05.03O.6.; and

      6.   Abandonment of easements under § 14.05.04J.

      1.   Establishment. The Planning and Zoning Commission, (the “Commission”) is established in compliance with state law (A.R.S. § 9-461.02).

      2.    Appointment. The Commission shall be comprised of 7 regular members and 3 alternate members appointed by the Mayor and Council. All Commission members/alternates shall be residents of the city and serve without compensation.

      3.   Membership terms.

      4.   Meetings and proceedings.

      5.   Authority and duties. The Commission shall have the authority to perform the duties and functions identified in this Development Code and by state law (A.R.S. §§ 9-461.02 et seq.) The Commission shall:

         b.   Assist the Council with anticipating and guiding future development and change by preparing and recommending on Capital Improvement Plans, ordinances, plans, regulations, reports, studies, and other documents for formal consideration and adoption by the Council.

      6.   Limits of responsibility. The Commission may not:

      1.   Establishment. The Board of Adjustment (the “BOA”) is hereby established in compliance with state law (A.R.S. § 9-462.06). All members of the BOA must be residents of the city, must be at least 18 years of age, and shall serve without compensation.

      2.   Appointment.

         a.   The BOA shall be comprised of seven regular members appointed by the Mayor and City Council.

      3.   Terms of office. The terms of office of the members of the BOA shall be for 3 years, and the terms of office for alternates shall be 2 years, unless sooner removed by the Council for good cause shown.

         a.   If a vacancy should occur, other than by expiration, the vacancy shall be filled by the approval of the Mayor and Council, by appointment for the unexpired portion of the term of the vacancy.

         b.   If any member misses 4 regular meetings within the fiscal year without prior notification to the Chairman or the BOA Secretary, the member shall be deemed as resigned.

      4.   Meetings and proceedings.

      5.   Authority and duties. The BOA shall have the following authority:

      6.   Limits of responsibility. The BOA may not:

      7.   BOA’s action is final. The decision of the BOA is the final action by the city in compliance with state law (A.R.S. § 9-462.06).

      8.   Person(s) aggrieved by BOA decisions. Any person(s) aggrieved by a decision of the BOA may, at any time within 30 days after the BOA has rendered its decision, file a complaint for special action in the Superior Court to review the BOA’s decision, in compliance with state law (A.R.S. § 9-462.06K.).

      9.   Ex parte communications. The BOA acts in a quasi-judicial manner and shall not entertain, accept or participate in any ex parte communications as set forth below.

      1.   Delegation by Director. The Community Investment Department Director (“Director”) may delegate any or all of the responsibilities of the Director to Department staff under the supervision of the Director, unless state law prohibits such delegation.

      2.   Duties and authority. The Director shall:

      1.   Establishment and duties. In order to decide appeals commenced by property owners from any final determination made by an administrative agency or official of the city that conditions an approval for the use, improvement, or development of real property on the requirement of an exaction or dedication, there shall be, and is created, the position of Administrative Hearing Officer. This provision is created in accordance with state law (A.R.S. §§ 9-500.12 and 9-500.13).

      2.   Commission to sit as Administrative Hearing Officer. For purposes of this section, the Commission shall be authorized to sit as the Administrative Hearing Officer.

 

(Ord. 16-1141, passed 2-23-2016)

      1.   A prospective applicant or agent may request a preapplication review with the Department before completion of project design and the formal submittal of a permit application.

      2.   A request by an applicant for preapplication review, accompanied by preliminary project plans and designs and the required filing fee, shall be reviewed by all affected city departments and other selected agencies.

      3.   The reviewing city staff members may inform the applicant of requirements as they apply to the proposed development project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible alternatives or modifications to the project, and identify any technical studies that may be necessary for the review process when a formal application is filed.

      4.   Neither the preapplication review nor information or pertinent policies provided by the Department shall be construed as a Department recommendation for approval or disapproval of the application/project.

         a.   Each application for a permit, approval, entitlement, or other matter related to this Development Code shall be accompanied by the applicable fee.

         b.   The city’s processing fees are cumulative. For example, if an application for a lot split also requires a variance, both fees shall be charged.

         c.   Processing shall not commence on an application until all required fees/deposits have been paid.

         d.   Without the application fee, or a deposit if appropriate, the application shall not be deemed complete.

         e.   The city is not required to continue processing any application unless additionally required fees/deposits (e.g., additionally required “real cost” deposits) are paid in full.

         f.   Failure to pay the applicable fees/deposits is grounds for rejection of the application. No permit application shall be processed without first being accompanied by the required fee, unless the fee is reduced or waived in compliance with division D.2. below.

         a.   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 due to a disapproval are allowed.

         b.   In the case of a withdrawal, the Director may authorize a partial refund based upon the pro-rated costs to-date and determination of the status of the application at the time of withdrawal.

         b.   Appeal of determination. Where the Zoning Administrator has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Zoning Administrator is not required, the applicant may appeal the determination in compliance with § 14.05.03O.

            i.   Land that is designated as a District of Historical Significance per the State of Arizona;

            ii.   An area that is designated as Historic on the National Register of Historic Places; or

            iii.   Planned Area Developments.

The 180-day time frame may be extended by the city once for 30 calendar days due to extenuating circumstances. The applicant may also request extensions of time in writing from the city which may be granted for 30 calendar days per request.

            i.   The Zoning Administrator shall not find the application complete, and/or shall not process or approve the application, if conditions exist on the site in violation of this Development Code or any permit or other approval granted in compliance with this Development Code. The only exception shall be an application for an entitlement or permit needed to correct the on-site violation(s).

            ii.   The Zoning Administrator’s authority under this division F. shall apply whether:

               (A)   The current applicant was the owner of the subject property at the time the violation occurred; or

               (B)   The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

            iii.   The Zoning Administrator’s decision may be appealed in compliance with § 14.05.03O.

            i.   The name of the applicant; the city’s file number assigned to the application; a general explanation of the matter to be considered; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.

            ii.   If the matter to be considered applies to a property located in a high noise or accident potential zone, as defined in A.R.S. § 28-8461, this shall be included in the general project explanation.

               (A)   In proceedings involving the rezoning of land that abuts other municipalities or unincorporated areas of the county or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit abutting such land.

               (B)   In proceedings involving rezoning of land that is located within the city in the vicinity of a military airport or ancillary military facility as defined in A.R.S. § 28-8461, the city shall send copies of the notice of public hearing by first class mail to the military airport or facility.

               (A)   In proceedings involving 1 or more of the following proposed changes, or related series of changes, in the standards governing land uses, notice shall be provided in compliance with division H.2.a.v.(B) immediately below:

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

                  (2)   A 10% or more increase or reduction in the allowable height of structures;

                  (3)   An increase or reduction in the allowable number of stories of structures;

                  (4)   A 10% or more increase or decrease in setback or open space requirements; or

                  (5)    An increase or reduction in allowed uses.

               (B)   In proceedings governed by division H.2.a.v.(A) immediately above, notice shall be provided to real property owners in compliance with at least 1 of the following notification procedures:

                  (1)   Notice shall be sent, by first class mail, at least 15 days before the hearing, with postage prepaid, to each real property owner, as shown on the county’s last assessment, whose real property is directly governed by the change(s);

                  (2)   If the city issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the city shall include notice of the changes with the utility bills or other mailings; or

                  (3)   The city shall publish the changes in a local newspaper of general circulation within the city at least 15 days before the first hearing on the changes. The changes shall be published in a “display ad” covering not less than 1/8 of a full page.

               (C)   If notice is provided under divisions H.2.a.v.(B)(2) or H.2.a.v.(B)(3) above, the city shall also send notice by first class mail to persons who register their names and addresses with the city as being interested in receiving such notice. The city may charge a fee not to exceed $5 per year for providing this service.

            i.   Notice shall be sent by first class mail, at least 15 days before the hearing, with postage prepaid, to:

               (A)   The owner(s) of the property being considered or the owner’s agent, and the applicant(s);

               (B)   Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

               (C)   All owners of real property as shown on the county's last assessment within a 300-foot radius of the subject lot; and

               (D)   Any person who has filed a written request for notice with the Director and has paid the fee established by the Council’s fee resolution for the notice.

            ii.   The 300-foot radius shall be measured from the exterior boundaries of the subject lot to the exterior boundaries of the neighboring lots, without reference to structures existing on either lot(s) in the following manner:

               (A)   Notification boundaries shall always include all lots on both sides of interior residential streets; and

               (B)   For proposed projects fronting on major arterial streets or highways the 300-foot radius shall not include the width of the adjoining right-of-way but shall be measured entirely from the opposite side of the arterial street or highway.

         a.   The review authority (BOA, Commission, or Council, as applicable) may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing or defer action and continue the matter to a later meeting agenda in compliance with division G. above.

         b.   Where the Director has authority to issue a permit or approval under this Development Code, the Director may instead refer a matter to the Commission for determination. A referral shall require a noticed hearing before the Commission.

         c.   The action of the BOA or Commission shall be by affirmative vote of a simple majority of a quorum, except where state law requires a different percentage.

         d.   The decision of the Council on any matter shall be final.

      1.   Decisions by the Zoning Administrator, Director, or Commission shall be effective 15 days after the decision;

      2.   Decisions by the BOA shall be effective 30 days after the decision; and

      3.   Decisions by the Council shall be effective 30 days after the decision, unless enacted as an emergency ordinance.

         a.   Unless conditions of approval or other provisions of this Development Code establish a different time limit, any permit or approval (except for Planned Development permits, which are subject to division L.1.b. below, and Zoning Map Amendments) granted in compliance with this Development Code that is not exercised within 12 months of its approval shall expire and become void after action by the Council in compliance with state law (A.R.S. § 9-462.01), unless an extension of time is approved in compliance with division L.2. below.

         b.   The permit or approval shall not be deemed “exercised” until the permittee has at least obtained a building permit and substantial construction in compliance with a building permit has taken place, or has actually commenced the allowed use on the subject site in compliance with the conditions of approval, as determined by the Director.

         c.   The permit or approval under this Development Code shall remain valid after it has been exercised as long as a building permit is active for the project, or a final building inspection or certificate of occupancy has been granted. If the approval also involves a zoning map amendment, that portion of the approval shall be returned to the Council with notice, in compliance with state law (A.R.S. § 9-462.01E.).

         a.   The applicant shall file a written request for an extension of time with the Department at least 30 days before the expiration of the permit, together with the filing fee required by the Council’s fee resolution.

         b.   The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire. If the review authority determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the review authority may grant a time extension for up to an additional 12 months from the date of the decision to extend the permit or approval; provided, the review authority first finds that there are adequate provisions for public services and utilities (e.g., access, drainage, fire protection, sewers, water, and the like), to ensure that the proposed extension would not endanger, jeopardize, or otherwise constitute a hazard to the public health, safety, or general welfare, or be injurious to the property or improvements in the vicinity and applicable zoning district.

         c.   No more than 2 12-month time extensions shall be granted.

         b.   Recommencement. Recommencement of a use authorized by a permit, approval, or entitlement after the 180-day period has expired shall require the filing of a new application, together with the filing fee required by the Council’s fee resolution.

      1.   Resubmittals prohibited within 180 days. For a period of 180 days following the disapproval of a discretionary land use permit, approval, entitlement, or amendment by the Director, BOA, Commission, or Council, no application for the same or substantially similar discretionary permit, approval, entitlement, or amendment for the same site shall be accepted for filing.

         a.   Are consistent with all applicable provisions of this Development Code;

         b.   Do not involve a feature of the project that was specifically addressed in the project approval;

         c.   Do not involve a feature of the project that led to conditions of project approval;

         d.   Do not involve specific considerations by the applicable review authority in the approval of the permit; and

         e.   Do not expand the approved floor area or any outdoor activity area by 10% or more over the life of the project.

         a.   The BOA’s review of a decision rendered by the Zoning Administrator in compliance with state law (A.R.S. § 9-462.06).

         b.   The Commission’s review of a decision rendered by the Director, including but not limited to any appeal in which it is sitting as the Administrative Hearing Officer pursuant to § 14.05.01B.5.f.;

         c.   The Council’s review of a decision rendered by the Director or Commission;

         d.   Appeals by other eligible appellants, in compliance with division O.2. below.

            i.   Appeal applications addressed to the BOA, Commission, or City Council shall be filed with the City Clerk.

            ii.   The appeal application shall:

               (A)   Specifically state the pertinent facts of the case and the basis for the appeal; and

               (B)   Be accompanied by the information identified in the Department handout for appeal applications.

            i.   Consider any issues associated with the decision being appealed, in addition to the specific grounds for the appeal;

            ii.   Uphold, uphold in part, or reverse the action, the determination, or decision that is the subject of the appeal; and

            iii.   Adopt additional conditions of approval deemed reasonable and necessary.

         a.   Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance deposits or bonds shall be released.

         b.   Upon failure to complete the work, failure to comply with all of the terms of any applicable permit, or failure of the completed improvements to function properly, the city may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the city, including the costs of the work, and all administrative and inspection costs.

         c.   Any unused portion of the security shall be refunded to the funding source after deduction of the cost of the work by the city.

(Ord. 24-1351, passed 12-10-2024; Ord. 18-1203, passed 8-14-2018; Ord. 16-1141, passed 2-23-2016)

         a.   A zoning clearance for a structure that is to be erected or remodeled shall be filed in conjunction with the companion building permit application;

         b.   A zoning clearance for the use of vacant nonresidential land or structure(s) shall be filed at least 14 days before the intended use inauguration;

         c.   In order to provide for an expeditious permit review/reconstruction process, which may only be available following the occurrence of a bona fide emergency (e.g., natural disaster, and the like), as determined by the Council, an emergency building permit and temporary zoning clearance may be issued by the appropriate city department; and

         d.   No person shall occupy, use, or alter any structure, or change any use, or type or class of use, without first applying for and obtaining the required zoning clearance.

         a.   In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 50 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features (e.g., structure or tree) would extend above the height limits prescribed for the zones.

         b.   In areas lying within the limits of the approach zones but at a horizontal distance of not less than 5,000 feet from each end of the runway, no permit shall be required for any tree or structure less than 30 feet of vertical height above the ground except when the tree or structure would extend above the height limit prescribed for the approach zones.

         c.   In the area lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 50 feet of vertical height above the ground, except when the tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the transition zones. Nothing in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure, or growth of any tree, in excess of any of the height limits established by this section, except as set forth in division D.4. below.

it was on the effective date of the ordinance codified in this section or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for these permits shall be granted.

         a.   The Zoning Administrator may grant a minor variance in compliance with division D.3. below, or may defer action and refer the application to the BOA for formal action.

         b.   The BOA may grant a major variance in compliance with division D.4. below, or may serve as the review authority on a minor variance when requested by the Zoning Administrator.

 

         a.   Any development standard identified in division D.3., above where the requested adjustment exceeds the maximum limits for a minor variances;

         b.   Dimensional standards including distance-separation requirements, fence and wall requirements, landscape and paving requirements, lighting, loading spaces, lot area, lot dimensions, parking areas, open space, setbacks, structure heights, and the like;

         c.   Number of off-street parking spaces, loading spaces, landscaping and the like;

         d.   Maximum lot grading standards;

         e.   Sign regulations (other than prohibited signs); and

         f.   A variance to erect or increase the height of any structure, or permit the growth of any tree, or use property in a manner not permitted by the Airport Overlay District, provided the application complies with the following provisions.

            i.   The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

            ii.   These variances shall be allowed where the review authority finds that a literal application or enforcement of the regulations will result in unnecessary hardship and the relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justices, and will be in compliance with the spirit of this section.

            iii.   No application for a variance to the requirements of the Airport Overlay Zone may be considered unless a copy of the application has been furnished to the Public Works Director for advice as to the aeronautical effects of the variance. If the Public Works Director does not respond to the application within 15 days after receipt, the BOA may act on its own to grant or deny the application.

            iv.   The applicant shall notify the FAA prior to the construction of a structure requiring a variance under this division D.4.

            Other standards including operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, number of employees, and the like.

         a.   Following a public hearing, if required, the review authority may approve a variance application, with or without conditions.

         b.   The applicable review authority shall record the decision in writing with the findings on which the decision is based.

         c.   A variance application may be approved if it complies with the following criteria:

            i.   Because of special circumstances applicable to the subject property including, location, shape, size, surroundings, topography, or other conditions the strict application of this Development Code deprives the property of privileges enjoyed by other property of the same classification in the same or an identical zoning district; or

            ii.   The special circumstances create an unnecessary hardship, which is not the result of the actions of the applicant or self-imposed by the property owner; and

            iii.   Granting the variance would not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the subject property is located; and

            iv.   Granting the variance would not be materially detrimental to the public convenience, health, interest, safety, or welfare of the city, or injurious to the property or improvements in the vicinity and zoning district in which the subject property is located.

         a.   Ensure compliance with the general purpose of this section, and the goals and policies of the General Plan and any applicable specific plan;

         b.   Ensure that the variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and under the identical zoning district in which the property is located;

         c.   Ensure that the approval would be in compliance with the findings required by division G. above; and

         d.   Protect the best interests of the surrounding property or neighborhood, and to preserve the public health, safety, and general welfare.

         a.   On upward sloping lots the building site may not be higher than the average height of the lot excluding setbacks and easements. The average lot grade shall be calculated by adding the grade elevations at the intersection of the setback corners and dividing by the number of corners. The Director may establish higher elevations of up to 2 feet above the average lot grade. No import of fill material shall be allowed to achieve the desired grade height and the exception shall not be for the purpose of building a structure in excess of the maximum building height as allowed by the zoning district standards. Approval of the 2-foot exception shall be requested prior to the final grading inspection on the appropriate form available in the Community Investment Department. A pad certification by a registered Arizona land surveyor shall be submitted to the Building Department to verify the pad height.

         b.   If a building pad elevation higher than that provided for above is requested, the following criteria shall be used to determine the maximum allowable grade. Additionally, a topographic plan, containing the following information, prepared by an appropriately licensed Arizona registrant, shall be submitted to the Director:

            i.   Topography;

            ii.   Proposed and existing grades at the lot corners, setback corners, and proposed building pad corners;

            iii.   Proposed average lot floor elevations, building pad dimensions, and pad square footage;

            iv.   Cut and fill quantities;

            v.   Driveway location and dimensions;

            vi.   Reference points of adjoining lots, and/or structures;

            vii.   Method of slope retention.

         c.   The following criteria shall be met or the increase in the grade height shall not be approved:

            i.   The adjusted lot grade shall be determined by balancing the on-site cut and fill so as to create a minimum allowable building pad of 7,000 square feet, or 5,000 square feet for lots of 12,000 square feet or less.

            ii.   No import of fill material shall be allowed or be necessary for the creation of the minimum pad.

            iii.   On-site materials shall be used to grade driveway access to the building pad.

            iv.   All retained and non-retained slopes shall conform to the Grading and Excavations Chapter of the adopted Building Code.

         d.   If the applicant requests a building pad elevation in excess of that allowed by the above criteria, a request for a variance from the provisions of this section shall be submitted to the BOA pursuant to division D. above.

         e.   A registered Arizona land surveyor shall certify the final grade height.

         a.   Lots with a major portion of the lot grade lying below the base elevation may be filled to accommodate a building pad area no more than 1 foot above the base elevation.

         b.   Fills shall be placed, watered, and compacted in layers not to exceed 12-inch lifts, performed by a properly licensed testing laboratory or Arizona registered professional engineer, certifying a minimum of 90% of the maximum density as determined by the adopted Building Code standards or equivalent. A minimum of 3 locations shall be inspected for compliance. All grading operations shall be done in a dust free manner and shall comply with local, state, and federal laws regarding dust reduction.

         a.   Physical barriers, including berms, temporary fencing, or other suitable obstructions;

         b.   Warning lights, signs, or banners that will clearly indicate the danger to trespassers of all ages; and

         c.   Where possible, stable trench coverings.

         a.   Limited day or weekend temporary uses not to exceed 3 consecutive days identified in § 14.03.02.

         b.   Allowed temporary uses up to 30 days or as identified in § 14.03.02.

         a.   Car washes, limited to a maximum of 2 days each month for each sponsoring organization, on non-residential properties. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with § 501(c) of the Federal Revenue and Taxation Code.

         b.   On-site contractors’ construction yards, in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.

         c.   Emergency public health and safety needs/land use activities, as determined to be a true “emergency” by the Director.

         d.   Garage sales are exempt from the requirement for a temporary use permit; provided, that sales occur no more often than 2 times per year per residence, for a maximum of 3 consecutive days each.

         e.   A 1-time event that is limited to a single day and within the hours of 7:00 a.m. to 11:00 p.m. Only 1, 1-time event is allowed per person, business, or group each calendar quarter.

         a.   An application for a temporary use permit shall be filed with the Department.

         b.   The application shall be accompanied by the information identified in the Department handout for temporary use permit applications.

         c.   An application for a limited day or weekend temporary use permit shall be submitted for approval at least 2 days before the date that the proposed use is scheduled to take place.

         d.   An application for a temporary use permit shall be submitted for approval at least 15 days before the date that the proposed use is scheduled to take place.

         e.   A public hearing shall not be required for a decision on a temporary use permit.

         a.   Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses.

         b.   The Director may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the use.

         c.   All materials and structures associated with the temporary use shall be removed within 10 days after the actual termination of operations, or after the expiration of the temporary use permit, whichever first occurs.

         d.   A minimum of 30 days shall pass between the issuance of a new temporary use permit and (1) the expiration of a similar temporary use permit for the same property, or (2) the actual removal of the materials and structures associated with the former use, whichever last occurs.

         e.   Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, state, or federal requirements.

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

         b.   The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city;

         c.   Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Development Code;

         d.   Adequate provisions have been made for fire protection, traffic access, parking, and circulation;

         e.   The use would meet all applicable county and state health and sanitation requirements;

         f.   The time limit for the temporary use is the minimum necessary to achieve the applicant’s intent; and

         g.   The temporary use would be compatible with the uses allowed in the subject zoning district.

         a.   The Director may approve a minor conditional use permit for any use listed in § 14.03.02 as requiring a conditional use permit where:

            i.   The proposed use involves less than 5,000 square feet of indoor space; and

            ii.   The proposed use involves less than 1 acre of outdoor activity space; and

            iii.   The Director determines that the proposed use will not have significant traffic or parking impacts on surrounding properties.

         b.   If a proposed conditional use meets the criteria in division G.2.a. above, but the Director determines that it includes unusual site or performance features, the Director may defer action and refer the application to the Commission for formal action.

         c.   The Commission may approve a major conditional use permit for any use listed in § 14.03.02 as requiring a conditional use permit, and that does not meet the criteria for action by the Director as a minor conditional use in division G.2.a. above.

            i.   The Director shall review each major conditional use permit application to ensure that the application is consistent with the purpose and intent of this division G. The Director shall submit a staff report and recommendation to the Commission for their consideration.

            ii.   The Commission shall conduct a public hearing on an application for a conditional use permit, pursuant to §§ 14.05.03G. and 14.05.03H. before the approval or disapproval of the permit.

         a.   The proposed use is allowed with a minor or major conditional use permit, as appropriate to the request, within the applicable zoning district and complies with all applicable provisions of this Development Code;

         b.   The proposed use is consistent with the goals and policies of the General Plan and any applicable specific plan;

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

         d.   The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city;

         e.   The subject site is adequate in terms of size, shape, topography, and circumstances and has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic expected to be generated by the proposed use; and

         f.   The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection.

         a.   To implement the goals and policies of the adopted General Plan related to site and development design;

         b.   To establish community design and aesthetics as planning considerations in evaluating new development;

         c.   To develop and implement policy that will encourage appropriateness and compatibility of new development with the existing natural and manmade environment, existing community activity patterns, and community identity; and

         d.   To develop and implement policy that will minimize or eliminate adverse visual effects caused or perpetuated by the location and design of new development, including effects from the following:

            i.   The architectural design, area, height, mass, and scale of structures;

            ii.   Vehicular and pedestrian access ways and parking areas;

            iii.   Existing or proposed alteration of natural topographic features and waterways; and

            iv.   Other development or structures, including utility lines, storage or service areas, and advertising features that may result in interference with sun and light exposure, privacy, and the general aesthetic value of the neighborhood or area.

         a.   The Director shall have the responsibility of coordinating the site/design review process and determining whether the application meets the standards and requirements of this division H.

         b.   The Director shall approve a site/design review application if the Director makes a finding that the application meets the criteria in division H.7. below.

         c.   A prospective applicant may request the Director to arrange a preapplication conference in compliance with § 14.05.03B. The preapplication conference shall include review of applicable development standards.

         a.   The materials used in construction and finishing the structure(s), and the elevations of the structure(s), shall be compatible with the materials and elevations of the structures in the immediate vicinity of the applicant’s request;

         b.   The overall design of the structure(s) and its site shall not adversely affect the present or potential development of the nearby properties or the traffic pattern on abutting streets by virtue of the type of structure(s), sign(s), or their placement on the lot and the location of parking and driveway access areas;

         c.   All screening walls shall be compatible with the structure's design, color, and materials;

         d.   Access, sewage disposal, water and other public services to and for the site shall be adequate to serve the proposed development;

         e.   Specific provisions of deed restrictions and covenants to be recorded with the plat shall, where applicable, be adequate to ensure proper maintenance of all common areas or elements by the current and future property owners;

         f.   On-site vehicular and pedestrian traffic circulation and parking shall be adequate and convenient to serve the intended users; and

         g.    Landscaping shall be used, as necessary, to enhance, soften, or screen architectural features from street view or from the view of adjoining properties. Details of landscaping watering systems shall be adequate to ensure appropriate maintenance of all plant materials on the site, in compliance with § 14.04.04.

         a.   Eligibility to file an appeal is limited to the applicant, any owner of a property located within 300 feet of the subject site, or the Commission.

         b.   The Commission may affirm, reverse, or modify the decision being reviewed, and the decision of the Commission is final.

         a.   The approval of the Director shall remain valid for a period of 12 months from the effective date of the approval.

         b.   If, at the end of that time, construction has not begun in compliance with § 14.05.03L., site/design review approval shall expire and shall be in effect only if resubmitted for approval in compliance with this division H.

         c.   Any departure from the approved plans shall be cause for revocation of the building permit, disapproval of an occupancy permit, or revocation of an occupancy permit, unless the changes are approved in advance, in compliance with § 14.05.03N.

         i.   An application for approval of a parking-in-common plan shall be submitted by all of the property owners for which it will provide off-street parking required by § 14.04.02 if approved.

         ii.   An application for modification of an existing parking-in-common plan shall be submitted by 75% of the property owners for which it currently provides off-street parking required by § 14.04.02, as well as those property owners for which it will provide off-street parking required by § 14.04.02 if approved.

         i.   The proposed plan or modification will provide adequate off-street parking for the included property owners, taking into account the minimum off-street parking requirements of § 14.04.02 and any potential sharing of spaces among the included property owners based on differences in peak hour parking demands and the variety of land uses to be covered by the application.

         ii.   Approval of the proposed plan or modification will not increase traffic congestion on public or private streets near the included properties or on any property containing a residential land use within 300 feet of the included properties.

         iii.   Approval of the proposed plan or modification will not result in any property becoming nonconforming with regard to required off-street parking, unless that property owner consents in writing to the creation of that nonconformity.

            i.   Contain utility lines of any nature in that portion to be abandoned;

            ii.   Be used to convey street run-off waters to established wash facilities; and

            iii.   Be required for future systems expansion by any public or private utility.

            i.   Ensure that citizens and property owners have sufficient time to learn the substance of Zoning Map amendments that may affect them; and

            ii.   Ensure that applicants communicate with citizens regarding Zoning Map amendments to promote early and effective citizen participation, and that the applicants work with citizens to resolve concerns at an early stage in the process.

            i.   The means by which land owners and other potentially affected citizens and landowners within 300 feet of the subject project will receive early notification by the applicant of the substance of the request in order to promote early citizen involvement. The applicant’s notification shall be made before submittal of the application to the city.

            ii.   The early notification by the applicant shall also identify the method by which adjacent landowners, and other potentially affected citizens, will be provided an opportunity to express any issues or concerns before the notice of the first public hearing.

            iii.   Additional information as required on the “Citizen Review Process Checklist” provided by city staff. The Director has the authority to prepare and amend the “Citizen Review Process Checklist” and the Department and the City Clerk’s office shall make the “Citizen Review Process Checklist” available to the public for inspection and copying.

            iv.   The applicant shall be responsible for notifying parties identified in the citizen review plan of any modification(s) to their proposal before the notice of the first public hearing. The means of notification of the modification(s) shall be identified in the citizen review report described in division D.2.c. immediately below.

            i.   This report on the applicant's citizen review effort shall be included with the Department’s public hearing report.

            ii.   The means of notifying citizens identified in the case of a modification(s) shall be identified in the citizen review report.

            iii.   If the citizen review report has been submitted and an additional modification(s) occurs, the applicant shall submit an addendum to the citizen review report.

            iv.   The addendum shall describe the citizen involvement process that provided citizens with the opportunity to review and comment on the modification(s).

         a.   Upon receipt of a complete application and Department review, the Director shall schedule a public hearing before the Commission, and the Commission shall hold a public hearing, pursuant to §§ 14.05.03G. and 14.05.03H.

         b.   Following the Commission’s hearing on the proposed amendment, a written staff report shall be prepared that shall include detailed recommendations to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in division K.6. below.

         a.   Following the completion of the Commission hearing, the Director shall schedule a public hearing before the Council, and the Council shall hold a public hearing, pursuant to §§ 14.05.03G. and 14.05.03H.

         b.   Upon receipt of the Commission’s recommendation, the Council shall approve, approve in modified form, or disapprove the proposed amendment based upon the findings in division K.6. below.

            i.   the area within 150 feet, including all rights-of-way, of the affected property subject to the proposed amendment or change.

            ii.   the area of the proposed amendment or change.

            i.   The proposed amendment is consistent with the maps and policies of the General Plan and any applicable specific plan; and

            ii.   The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city.

            i.   The area under consideration is an appropriate area for treatment as a unit in zoning;

            ii.   A current public need has been demonstrated for the range of uses allowed by the requested zoning district;

            iii.   The public need is best met by the proposed Zoning Map change on the proposed land as compared with other viable property zoned for the proposed uses or susceptible to rezoning for the proposed uses;

            iv.   The surrounding property would not be adversely affected by approval of the request, or the adverse effects are properly addressed by conditions that may be placed on the approval;

            v.   All public safety facilities and all public facilities and services to the uses allowed by the proposed zoning are available, or may be made available in conjunction with development, and the construction of any required improvements needed to meet city standards is guaranteed by binding agreement between the developer and the city or are programmed for installation in the city’s Capital Improvement Plan for the current year. Public facilities and services shall include drainage, sewer, transportation, and water services that conform to adopted master service plans and are installed in compliance with adopted city construction standards; and

            vi.   Areas requested to be rezoned for multi-family, commercial, or industrial uses shall, as a prerequisite to approval of the requested zoning, be first included within a city drainage, sewer, and water service district for which master service plans have been adopted.

         a.   At the request of the applicant, an application for rezoning to the Planned Development Overlay District may be considered simultaneously with, or to be combined with, a preliminary subdivision plat approval. If simultaneous preliminary plat approval is requested, the rezoning application must contain all information required for a preliminary plat as shown in Chapter 13 of the Code of Lake Havasu City, and any other additional information as stated below.

         b.   The application for rezoning to a Planned Development Overlay District shall include a general development plan meeting the requirements of division L.2.b. below, and the general development plan shall be reviewed by the Commission and Council as part of the rezoning application.

         c.   The application for rezoning to a Planned Development Overlay District shall include architectural design and general development standards meeting the guideline for design in § 14.02.06D.4., and the documents shall be reviewed by the Commission and Council as part of the rezoning application.

            i.   The applicant shall submit a general development plan with the application for approval of a Planned Development Overlay District.

            ii.   The general development plan shall contain information required by the city and a general layout of proposed land uses and development intensities, and the general locations of buildings, public and private streets, and access ways.

            iii.   The application may also include an application for site/design review if it contains all of the information required of a site/design review application.

            iv.   The application may also include a preliminary or final subdivision plat if it contains all of the information required of a preliminary or final plat in compliance with Title 13 of the Code of Lake Havasu City.

         a.   Quality of site design;

         b.   Integration of a variety of land uses, building types, and densities;

         c.   Preservation of natural features;

         d.   Compatibility with adjacent land uses;

         e.   Provision and type of open space and the provision of other amenities designed to benefit the general public; and

         f.   Adequacy of utilities and other public facilities.

         a.   The proposed development shall be consistent with and conform to the Lake Havasu City General Plan;

         b.   The exceptions from the standards of the underlying district are warranted by the design and amenities incorporated into the development plan and program;

         c.   The proposal is in harmony with the surrounding area or its potential future use, and incorporates unified or internally compatible architectural treatment;

         d.   The system of ownership and the means of developing, preserving, and maintaining open spaces is suitable;

         e.   The approval will have a beneficial effect on the area that could not be achieved under the primary planning designation for the area;

         f.   The proposed development, or a unit thereof, can be substantially completed within 3 years from the date of approval;

         g.   Adequate public facilities and services are available or are proposed to be made available in the construction of the project; and

         h.   The general objectives of the Planned Development Overlay District and the applicable objectives of the various categories of planned development have been met.

         a.   Any project in a Planned Development Overlay District that requires more than 12 months to complete shall be constructed in phases substantially complete in themselves, and a phasing plan shall be submitted and approved as a part of the general development plan.

         b.   The Council may require that development be done in phases if public facilities and services are not adequate to initially serve the entire development.

         c.   If substantial construction or development has not taken place within 3 years from date of Council approval of the general development plan, the Council may review the district at a public hearing at the formal request of the Zoning Administrator to determine whether or not its continuation in whole or in part is in the public interest, and if found not to be, shall act to remove the Planned Development Overlay District from the property. The Council, at the request of the applicant, may grant an extension of time, if justifiable.

               (A)   When reviewing a major amendment, after considering any recommendations from the reviewing bodies required under state law (A.R.S. § 9-461.06D.) the Commission shall hold at least 2 public hearings at different locations designated within the City Public Improvement Plan, on file in the City Clerk's Office, and as it may be amended from time to time, in order to encourage citizen participation in the planning process, in compliance with state law (A.R.S. § 9-461.06).

               (A)   A 2/3 majority vote of Council is needed for adoption, re-adoption, or a major amendment to the General Plan.

         a.   The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and

         b.   The site is physically suitable (including absence of physical constraints, access, and compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land use developments.

(Ord. 24-1351, passed 12-10-2024; Ord. 24-1323, passed 1-9-2024; Ord. 23-1311, passed 6-27-2023; Ord. 18-1210, passed 12-11-2018; Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1141, passed 2-23-2016)

      1.   Continuation. A nonconforming structure may be continued, transferred, or sold; and may undergo normal and necessary maintenance and repairs; provided that no structural alterations are made.

      2.   Loss of status through substantial damage.

      3.   Exemption for residential units. Notwithstanding the provisions of division B.2. above, nonconforming single-, 2- and multi-family residential dwelling units damaged or destroyed due to a catastrophic event may be reconstructed or replaced with a new structure(s) using the same development standards applied to the damaged or destroyed structure(s) if completed within 1 year of the catastrophic event. The new construction shall comply with the current building and fire code requirements.

      4.   Special provision for MU-UMS and R-UMS Districts. A nonconforming building or other structure may be allowed a tenant improvement or added to, provided 50% or more of the existing floor area or 50% of the assessed value is not exceeded.

      5.   Special provisions for Airport Overlay District. Whenever the Zoning Administrator determines that a nonconforming structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow the structure to exceed the applicable height limit or otherwise deviate from the zoning regulations.

      1.   Continuation. A nonconforming use of land and structures may be continued, transferred, or sold; provided, the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use.

      2.   Special provision for MU-UMS and R-UMS Districts.

      3.   Loss of status through discontinuance. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a period of at least 180 consecutive days or a total of 12 non-consecutive months, rights to a legal nonconforming status shall terminate, regardless of the owner’s intention to abandon.

      1.   Continuation. Nonconforming uses, legal under this Development Code, shall continue as legal nonconforming uses under the current Code until one of the events in division D.2. below occurs.

      2.   Loss of status. The nonconforming status of the home occupation shall be lost if:

      3.   No restarting after loss of status. If lost, a legal nonconforming status cannot be regained and the use shall be subject to the applicable regulations of this Development Code, and, as of July 1, 1997 and thereafter, shall comply with the use-specific standards in §§ 14.03.03E.2.h. and 14.03.03E.2.k.

      1.   Continuation. A nonconforming site feature, including but not limited to parking, landscaping, or lighting, may be continued; and may undergo normal and necessary maintenance and repairs; provided that the degree of nonconformity is not increased.

      2.   Loss of status when status of use or building is lost. When a nonconforming use or building loses its nonconforming status pursuant to divisions B. or C. above, the nonconforming site feature also loses its nonconforming status. Any requirement that the use or structure be brought into compliance with the provisions of this development code shall require that the nonconforming site features also be brought into conformance.

      3.   Special provision for MU-UMS and R-UMS Districts. A property with nonconforming parking is allowed a change of an existing permitted use to another permitted use and will not trigger compliance with MU-UMS and R-UMS parking standards provided that the conditions of division B.1. above are met.

      4.   Special provisions for Airport Overlay District. Whenever the Zoning Administrator determines that a nonconforming tree has been more than 80% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow the tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

      1.   Legal nonconforming status. A sign located within the city as of the date of adoption of this Development Code that does not conform with the provisions of this chapter is eligible for characterization as a “legal nonconforming” sign and is allowed; provided, it also meets the following requirements:

      2.   Loss of status. A legal nonconforming sign shall immediately lose its legal nonconforming designation if any 1 of the following occurs:

      3.   Result of loss of legal nonconforming status. A sign that loses its legal nonconforming status shall be immediately brought into conformance with this chapter and an accompanying permit, or shall be removed.

      4.   Maintenance and repair of legal nonconforming signs. Nothing in this chapter shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this chapter regarding safety, maintenance, and repair of signs; provided, that any repainting, cleaning, or other normal maintenance or repair of the sign or copy that in any way makes it more nonconforming may cause the sign to lose its legal nonconforming status.

         a.   Exercise the authority provided in divisions D. and E. below; and

         b.   Issue civil citations for any violation(s) of this Development Code pertaining to the use of any land and the addition, alteration, construction, conversion, erection, installation, moving, reconstruction, or use of any structure.

         a.   Upon violation of any applicable provision of this Development Code or if granted subject to conditions, upon failure to comply with those conditions, the permit or entitlement shall be suspended by action of the Zoning Administrator, in compliance with this section.

         b.   The Zoning Administrator shall give written notice to the applicant of the intent to suspend or revoke the permit and provide the basis for the suspension or revocation.

         c.   The applicant shall have 30 days from the date of the Zoning Administrator's notification to take remedial actions to correct the conditions of suspension or revocation.

         d.   At the end of the 30-day notification period the Zoning Administrator shall conduct a re-inspection, and if not satisfied that the basis for the suspension is being complied with, may revoke the permit.

         e.   The applicant, within 30 days from the date of the Zoning Administrator's notification to revoke the permit, may file an appeal to the BOA in compliance with § 14.05.03.O.

         f.   The applicant may also appeal the BOA determination to the Council, in compliance with § 14.05.03.O.

         a.   A land use permit, minor variance, major variance, or entitlement may be revoked or modified by the review authority that originally approved the permit, minor variance, major variance, or entitlement if any 1 of the following findings of fact can be made in a positive manner:

            i.   Circumstances under which the permit was granted have been changed by the applicant to a degree that 1 or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and welfare require the revocation;

            ii.   The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing for the permit;

            iii.   One or more of the conditions of the permit have not been substantially fulfilled or have been violated;

            iv.   The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute; or

            v.   The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a public nuisance.

         b.   In addition to finding that at least 1 of the findings in division D.3.a. can be made in a positive manner, in order to modify or revoke a minor or major variance, the reviewing authority must also make a finding that the grantee has not substantially exercised the rights granted by the minor or major variance.

(Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1141, passed 2-23-2016)