A. Duties and Powers Related to Zoning. The city council shall have the duty to carry out the provisions and intent of the general plan and this code. Specifically, the city council has the powers to do the following:

B. The city council may prescribe, in connection with a decision noted in subsections (A)(3)(c) and (A)(3)(d) of this section, conditions of approval as the council deems necessary, in order to fully carry out the provisions and intent of the general plan and this code, pursuant to MCC 18.140.100, Conditions of approval. Violations of any city council condition of approval shall be a violation of this code.

C. Appeals. Any person aggrieved by a decision of the city council under this code may file an appeal to the Pinal County superior court within 30 calendar days after the city council has rendered its final decision, in accordance with MCC 18.140.140, Appeals. [Ord. 24-01 § 2; Res. 23-19; Ord. 23-17 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 501.02; Ord. 14-12 § 1.]

A. Creation and Purpose. The planning and zoning commission is created to hold public meetings and hearings, to provide analysis and recommendations to the city council regarding general land use policies where the commission has such advisory responsibility, and to render decisions where the commission has been assigned decision-making power by this code. The purpose of the planning and zoning commission is to support creation of a desirable environment throughout the city for residents, business, and industry in areas for which it is responsible by promoting harmonious, safe, attractive, and compatible development that is in the best interest of public health, safety, and general welfare.

B. Duties and Powers. The planning and zoning commission shall have the duty to carry out the duties outlined in Chapter 2.15 MCC.

C. Organization.

D. Appeals. Planning and zoning commission recommendations to the city council are not final decisions. Any person aggrieved by a final decision of the planning and zoning commission may file an appeal to the city council in accordance with MCC 18.140.140. [Ord. 24-01 § 2; Res. 23-19; Ord. 23-17 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 501.03; Ord. 14-12 § 1.]

A. Creation and Purpose. The director of the development services department (the “director”), or his designee, directs the work of the department and the planning and zoning division and leads the department in fulfilling its mission.

B. Duties and Powers.

A. Creation and Purpose. The hearing officer is created to hold public hearings to provide relief from the terms of this code by variance applications and to hear and decide appeals from decisions of the zoning administrator.

B. Duties and Powers. The hearing officer shall have the duty to carry out the provisions outlined in Chapter 2.15 MCC and this code.

C. Organization.

D. Appeals. Refer to MCC 18.140.140. [Res. 23-19; Ord. 23-17 § 2.]

A. Creation and Purpose. The zoning administrator is appointed by the development services director. The zoning administrator is created to interpret the meaning and intent of the general plan and this code and enforce the provisions contained therein.

B. Duties and Powers.

C. Appeals. Any person aggrieved by a decision of the zoning administrator under this code may file an appeal to the hearing officer in accordance with MCC 18.140.140, Appeals. Decisions shall be heard de novo by the hearing officer as applicable. [Res. 23-19; Ord. 23-17 § 2; Res. 21-09; Ord. 21-05 § 2; Ord. 19-05 § 2; Res. 14-36 § 501.07; Ord. 14-12 § 1.]

A. Creation and Purpose. The technical advisory committee is created to act in an advisory capacity to the planning and zoning commission regarding all development applications and applications for subdivision plats and improvements.

B. Duties and Powers. For the purpose of this code, the technical advisory committee shall have the power to review all applications for development permits and subdivision plats and improvements and make recommendations to the zoning administrator, hearing officer, planning and zoning commission and city council. Such review shall be based on the criteria as specified in this code and in MCC Title 17, Subdivisions.

C. Organization. The technical advisory committee shall consist of city staff members, local utilities, governmental agencies, school districts, and other organizations as deemed appropriate for their expertise. [Res. 23-19; Ord. 23-17 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 501.09; Ord. 14-12 § 1.]

A. Creation and Purpose. The transit advisory committee is created to act in an advisory capacity to the city council regarding grant funding monitoring for transit operations.

B. Duties and Powers. For the purpose of this code, the transit advisory committee shall have the power to review grant funding for transit operations.

C. Organization.

A. Ak-Chin and Gila River Indian Communities. Any proposal that abuts or is within 300 feet of the Ak-Chin Reservation or the Gila River Reservation or involves any land under the jurisdiction of the Ak-Chin or Gila River Indian Tribe or their designees must be referred to the respective Indian Tribal Council for review and comment. Nothing in this code shall be interpreted to interfere with the sovereignty and powers of the Ak-Chin Indian Community, the Gila River Indian Community, or their designee(s). Refer to MCC 18.05.050 for additional regulations applying to the development of land within two and one-half miles of the Ak-Chin Tribal Community.

B. Other Governmental Agencies. Any development proposal that abuts property owned or under the jurisdiction of a government agency, including but not limited to federal lands, Arizona State Land Department, lands covered by an intergovernmental agency agreement, or any other body that has jurisdiction must be referred to the applicable agency or body for review. [Res. 23-19; Ord. 23-17 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 501.10; Ord. 14-12 § 1.]

A. Initiation of Application. The following persons may file applications:

B. Application Forms and Supporting Materials.

C. Payment, Waiver, and Refund of Application Fees.

A. Purpose. The purpose of the preliminary review is intended to acquaint the prospective applicant or applicant’s representative(s) with the requirements of this code, the general plan and other relevant city policies and regulations. Preliminary review is intended to be informative and identify potential issues.

B. Applicability.

C. Requirements. Applications for preliminary review under this code shall be submitted to the development services department, in accordance with the format and upon such forms as established by the director.

D. Preliminary Review Conference. Upon a preliminary review request being filed, staff will notify the applicant or applicant’s representative of a preliminary review conference which shall take place within 30 business days of the preliminary review application being filed and be held at the development services department by appointment. After reviewing the information provided from the applicant, staff from the reviewing city departments and divisions will prepare comments. Staff will review the comments with the applicant or applicant’s representative at the preliminary review conference and provide information on code requirements, procedures, and other relevant city policies and regulations. If the city is unable to comply with these time frames, notification will be made to the applicant and proceed as soon as practicable.

E. Recommendations Are Advisory. Neither the preliminary review conference nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by city representatives. Any recommendations that result from preliminary review are considered advisory only and shall not be binding on either the applicant or the city. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 502.03; Ord. 14-12 § 1.]

A. Review for Completeness. The zoning administrator or his designee shall review all applications for completeness, in conformance with this section. The city will not schedule a meeting or hearing date or begin a substantive review until the application is complete.

B. Complete Application. A complete application is one which fulfills the general requirements as described on official application forms available from the development services department. A determination of whether an application is administratively complete shall be made within 15 days after receiving the application.

C. Incomplete Application. The zoning administrator shall determine whether a resubmitted application is administratively complete within 15 days after receiving the resubmitted application. After determining that the application is administratively complete, the city shall approve or deny the application within 180 days.

D. If an application is incomplete and the applicant fails to submit the missing information within 60 days of the first submittal, the zoning administrator may notify the applicant that the application cannot be accepted, and a new or correctly revised application and a new fee will be required for the proposed project, as determined by the zoning administrator. A decision by the zoning administrator requiring a reapplication shall be subject to administrative appeal and shall not be construed as denial of the application. A letter shall cite a list of all deficiencies in the application and provide references to the applicable regulation(s) or policy and inform the applicant that the city’s mandatory time frame is suspended pending receipt of requested corrections or any missing information. If the city fails to provide this notice to the applicant the application is then deemed complete in accordance with the state’s compliance policy. (A.R.S. §§ 9-835(D), 9-835(E), and 9-835(F).)

E. If the city fails to provide a written or electronic notice of administrative completeness or deficiencies within the administrative completeness review time frame, the application is then deemed administratively complete in accordance with the state’s compliance policy. (A.R.S. §§ 9-835(D), 9-835(E), and 9-835(F).) [Ord. 24-12 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 502.04; Ord. 14-12 § 1.]

A. Purpose. The purpose of a neighborhood meeting is to provide a means for the applicant, surrounding residential neighbors, and registered neighborhood and homeowners association representatives to review a preliminary project and solicit input and exchange information about the proposed project prior to public hearings. Spanish-speaking and ASL interpreters shall be provided at the neighborhood meeting, if requested prior to the meeting scheduled. This preliminary meeting is intended to result in an application that is responsive to neighborhood concerns and to expedite and lessen the expense of the review process by avoiding needless delays, appeals, remands or denials. The applicant is responsible for all costs associated with the neighborhood meeting.

B. Applicability. A neighborhood meeting is required for the following types of applications:

C. Meeting Schedule. The applicant is required to hold one meeting prior to the first public hearing on an application for a specific site, but may hold more if desired. The required meeting shall be held at least 15 days and not more than 90 days before the first public hearing on the application. Meetings held more than 90 days before the first public hearing shall be required to hold an additional neighborhood meeting. Neighborhood meetings shall not occur until after any required preliminary review meeting and consultation with the planning division staff.

D. Meeting Location. Neighborhood meetings shall be held at a location near the proposed development site. The meeting shall be held on a weekday evening or weekends at any reasonable time and in a publicly accessible location.

E. Application Submittal.

F. Notification Requirements. Notice of the neighborhood meeting shall be provided at least 15 calendar days prior to the neighborhood meeting by the applicant in the following manner:

G. Meeting Summary. The applicant shall submit to the development services department 10 calendar days before the first public hearing on the matter a written summary of the issues and discussions from the meeting and the meeting notes. This report will be attached to the development services department’s public hearing report and, at a minimum, include the following information:

A. Purpose. This section is intended to provide the public information about upcoming public hearings on land use issues and to provide property owners and interested organizations that may be impacted by a project of a pending action on a land use application. Public hearings shall be preceded by public notice in accordance with this section and state law.

B. Applicability. Notice is required for all applications that require a public hearing before the city council, planning and zoning commission, board of adjustment, hearing officer, or zoning administrator.

C. Notification Requirements. Notification shall be provided in the following manner:

D. Contents of Notice. All notices shall include the following information:

E. Failure to Receive Notice. Notwithstanding the notice requirements of this section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the city for which the notice was given.

F. Summary of Notification Requirements. Table 18.140.060 summarizes the notification requirements under this code for each application or action, including the type of notice, the notice requirement and the applicable projects for which such notice is required.

A. Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state their city of residence, or geographic area of residence if they live in an unincorporated area, and, if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented. The presiding officer may establish time limits for individual testimony and may require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

B. Continuance of Public Hearing. The body conducting the public hearing may, by motion, continue the public hearing to a fixed date, time and place or may continue the item to an undetermined date and provide notice of the continued hearing.

C. Investigations. The body conducting the hearing may request that the director undertake investigations to be made as it deems necessary and in the public interest. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the hearing body in making its decision.

D. Record of Hearing. The body conducting the hearing shall cause a written summary of all pertinent testimony heard at such public hearing, together with a record of the names and addresses of all persons testifying, to be prepared and filed with the papers relating to such matter. These minutes shall be kept on record with the city clerk. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 502.08; Ord. 14-12 § 1.]

A. Date of Action. The decision-making body shall decide to approve, modify, revoke, or deny any permit or approval following the close of the public hearing, or if no public hearing is required, within the time period required by this code. The date of action shall be the date of the hearing when a hearing is required by this code.

B. Notice of Action. After the decision-making body takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this code, notice of action shall be sent to the applicant. The notice of action shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The notice shall be mailed, within seven calendar days from the date of taking the action, to the applicant at the address (including electronic addresses) stated in the application and to any other person or entity who has filed a written request of such notification.

C. Findings. Findings, when required by state law or this code, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing by the decision-making authority. The findings shall be set forth in the notice of action that the city issues following an appealable decision by the decision-making body and in any resolution the city council adopts following action. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 502.09; Ord. 14-12 § 1.]

A. Authority. The decision-making body may impose conditions on any approval. Such conditions shall be designed to implement the requirements of this code, the general plan, the city’s strategic plan, and other city policies, codes, or requirements; protect the public from potential adverse impacts from the proposed use or development; or to fulfill an identified need for public services. In addition to those conditions imposed by the decision-making body, the city may consider as a requirement or condition any plan, exhibit, statement, or other material provided by the applicant and on record with the decision.

B. Contract for Conditions. When a land use approval requires a contract, such as but not limited to a development agreement or lease of city property, conditions shall be set forth in a contract executed by the city and the applicant and approved as to form by legal counsel for the city. The contract shall be recorded on the property within 30 days or the time required by state law; the approval will become void unless (1) the project is overturned or modified on appeal; or (2) it is extended by the zoning administrator. The contract shall appear in the chain of the title of the subject property and shall constitute a burden running with the land in favor of the city and, unless otherwise provided, shall be removed only with the written authorization of the city council. The contract shall be enforceable by and against the parties, their heirs, successors and assigns. The contract, however, shall not restrict the authority of the city from taking actions affecting the property.

C. Time Limits on Conditions. Conditions shall be fulfilled within the time limitations set forth or a reasonable time if no time limitations are specified. Failure to fulfill a condition within said time may result in initiation of revocation of the approval, citation or such other enforcement action as the city deems appropriate.

D. Failure to Fulfill Previous Conditions. The decision-making body may withhold a requested approval if it determines that the current applicant has not fulfilled a previous condition or requirement from a previous approval, granted to the applicant, on the subject property, and withholding the permit would encourage compliance or is necessary to protect the public from future noncompliance.

E. Modification or Removal of Conditions. Modification or removal of conditions of approval may be requested on appeal or by application for a minor or major amendment to the existing approval as determined by the zoning administrator. Such proposals shall be processed through the same procedure that was used to impose the conditions, or as otherwise provided in this code. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 502.10; Ord. 14-12 § 1.]

A. Expiration. The decision-making body may specify the time within which the proposed use must be undertaken and actively and continuously pursued. The decision-making body may impose upon the permit a term of such period of time as is found to be consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare. If no time period is otherwise specified, any permit granted under this code may be declared lapsed and of no further force and effect if it is not exercised or extended within two years of its issuance.

B. Extensions. The zoning administrator may approve a one-year extension of any permit granted under this code upon receipt of a written application with the required fee within two years of the date of the original approval. All additional extensions shall require approval by the original decision-making body. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 502.11; Ord. 14-12 § 1.]

A. Minor Modifications of Approvals. The zoning administrator may approve modifications that are minor in scope and do not result in a 10 percent increase in square footage or in number of dwelling units to approved plans that are consistent with the original findings and conditions approved by the decision-making body that would not intensify any potentially detrimental effects of the project.

B. Changed Plan. A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan or building plan that would affect a condition of approval shall be treated as a new application, except that such changes determined to be minor may be approved by the zoning administrator.

C. Major Modifications of Approvals. Any modification that cannot be modified by the zoning administrator under subsection (A) of this section must be reviewed and approved by the original decision-making body and is subject to appeal. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 502.12; Ord. 14-12 § 1.]

A. Initiation of Proceeding. The original decision-making body on a permit or approval may, by its own action or following a recommendation from the zoning administrator, initiate revocation proceedings to the extent provided by state law.

B. Public Notice. Notice of revocation of the permit or approval must be provided in the same manner if the original permit(s) required notice.

C. Public Hearing. If the original permit(s) approval required a public hearing, that decision-making body shall conduct a hearing to determine whether to revoke the permit. The hearing shall be conducted in the same manner.

D. Decision of Revocation. A permit(s) or approval may be revoked under any one of the following findings:

A. Purpose. This section provides procedures to be used whenever an applicant or person is aggrieved by a decision by a decision-making body.

B. Applicability. A final decision on any discretionary permit is subject to appeal in accordance with this section. Table 18.140.140, Appeal Bodies and Time Limitations, summarizes the appeal timeline for each body issuing a discretionary permit.

C. Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this code.

D. Procedures.

E. Standards of Review. When reviewing any decision on appeal, the same standards and criteria shall apply as were required for the original decision.

F. Failure to File an Appeal. Failure to file an appeal with the appropriate appeal body by 5:00 p.m. on the due date shall preclude the filing of an appeal after the due date and renders any such appeal invalid. [Res. 23-19; Ord. 23-17 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 502.14; Ord. 14-12 § 1.]

A. Filing of Claim. All claims for diminution in value pursuant to A.R.S. § 12-1134 shall be filed with the city clerk on a form prescribed by the city.

B. City Review. After a claim is filed, city 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 diminution of value, if any.

C. Staff Recommendation. The director shall prepare a recommendation to the city council to deny the claim, pay compensation for diminution in value or rescind or modify the land use regulation.

D. City Council Determination. Within 90 days of the filing of the claim, city 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 city 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 city. [Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 502.15; Ord. 14-12 § 1.]

A. Requests for interpretations of this code and verifications relating to prior approvals or permits may be made to the zoning administrator. Requests shall be in writing. The decision of the zoning administrator on such requests may be appealed to the hearing officer.

B. An applicant may request from the zoning administrator clarification of a regulation pertaining to an application. A request must be in writing and include all information required by A.R.S. § 9-839. The zoning administrator may provide the requestor with an opportunity to meet and discuss the request. In compliance with A.R.S. § 9-839, the zoning administrator shall provide a written response within 30 calendar days of receipt of the request. [Ord. 23-35 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 502.16; Ord. 14-12 § 1.]

A. The zoning administrator shall determine whether the zoning code allows the proposed uses or structures as-of-right. A zoning permit shall be issued if the zoning administrator determines that the proposed use or building is permitted and conforms to all the applicable use standards. An approved zoning permit may include attachments of other written or graphic information, including but not limited to statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal’s conformity with the applicable regulations of this code.

B. The zoning administrator may direct that a request be heard instead by the planning and zoning commission based on a review which includes, but is not limited to, the following factors:

A. Applicability. An administrative use permit is required for comprehensive sign plans, buildings or structures constructed, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which have been found not to be inherently detrimental to the use and enjoyment of land but require an additional level of review and have a higher threshold of approval in certain circumstances. They are identified as an “A” in the use regulation tables in this code.

B. Determination. An administrative use permit is granted upon the discretion of the zoning administrator or his designee after it is determined that the proposed use or building conforms to all the applicable use standards. The burden of proof for satisfying the requirements for granting of an administrative use permit, as stated in this code, rests with the applicant. The issuance of an administrative use permit may require that the existing development site be brought into substantial conformance with the terms of the city code, including but not limited to: landscaping, screening, parking, and storm water retention.

C. Referral to Planning and Zoning Commission. The zoning administrator may direct that a request be heard instead by the planning and zoning commission based on a review that includes, but is not limited to, the following factors:

D. Conditions. An administrative use permit may have conditions of approval imposed.

E. Protected Uses. A request for any activity that is protected by the First Amendment of the United States Constitution shall be reviewed by the decision-making body reviewing the application upon determination of a complete application in a timely manner. Upon determination of a complete application, the item shall be scheduled at the next regularly scheduled public hearing complying with legal notice requirements where applicable. No continuances or other delays in such processing may occur without the concurrence of the applicant for such permit; provided, that there is sufficient time to complete any public notification requirement. If approved, the use shall be commenced within one year after the approval is granted. [Ord. 14-12 § 1; Res. 14-36 § 504.04.]

A. Applicability. A conditional use permit is required for buildings or structures constructed, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which may have an impact upon the general welfare and safety of the public. These uses require an additional level of review and have a higher threshold of approval to ensure that they are compatible with the adjacent land uses and comply with the goals and intent of the general plan. They are identified as a “C” in the use regulation tables in this code.

B. Public Hearing and Notice. Conditional use permits shall be subject to a hearing by the planning and zoning commission, who shall review the recommendation of the zoning administrator and approve, conditionally approve, or disapprove the application. The burden of proof for satisfying the requirements for granting of a conditional use permit, as stated in this code, rests with the applicant. The issuance of a conditional use permit may require that the existing development site be brought into substantial conformance with the terms of the city code. All notification requirements must be followed prior to the public hearing.

C. Additional Findings. In addition to the findings listed in MCC 18.150.060, the planning and zoning commission, in approving a conditional use permit, must find that the proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood and the community.

D. Conditions. A conditional use permit may have conditions of approval.

E. Protected Uses. A request for any activity that is protected by the First Amendment of the United States Constitution shall be reviewed by the appropriate decision-making body upon determination of a complete application in a timely manner. Upon determination of a complete application, the item shall be scheduled at the next regularly scheduled public hearing complying with legal notice requirements where applicable. No continuances or other delays in such processing may occur without the concurrence of the applicant for such permit; provided, that there is sufficient time to complete any public notification requirement. If approved, the use shall be commenced within one year after the approval is granted. [Ord. 14-12 § 1; Res. 14-36 § 504.05.]

A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this code and the Maricopa City Code;

B. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the general plan and any other applicable plan and/or policies that the city has adopted;

C. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the zoning district where it is located and conform in all significant respects with the general plan and with any other applicable plan or policies adopted by the city council;

D. The proposed project will not be injurious or detrimental to the property or improvements in the neighborhood or to the general welfare of the city, specifically:

E. Adequate public services and facilities and infrastructure are available to serve the proposed project; and

F. For conditional use permits, that the proposed use or feature, at the size and intensity contemplated and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood and the community. [Ord. 14-12 § 1; Res. 14-36 § 504.06.]

A. Limiting the hours, days, place and/or manner of operation;

B. Requiring site or architectural design features that minimize impacts due to removal of vegetation, noise, vibration, exhaust/emissions, light, glare, erosion, water quality impacts, odor and/or dust;

C. Requiring landscaping, screening, drainage, water quality facilities, and/or improvement of parking and loading areas;

D. Designating the size, number, location and/or design of vehicle access points or parking areas;

E. Requiring additional setbacks and planting if deemed necessary;

F. Limiting the building height, size or lot coverage, and/or location on the site; and

G. Any other conditions that are found to be necessary to ensure that the provisions of the general plan and this code are met. [Ord. 14-12 § 1; Res. 14-36 § 504.07.]

A. Applicability. Uses for which a temporary use permit is required are established in Chapter 18.120 MCC, Standards for Specific Uses.

B. Permit Procedures.

C. Conditions of Approval. In approving a temporary use permit, the zoning administrator may impose reasonable conditions deemed necessary to achieve the findings for a temporary use permit listed above, including but not limited to:

D. Public Notification. Notice of the proposed temporary use permit shall be posted on the subject property for a period of 15 days. Notice shall also be mailed to property owners within 600 feet of the property boundaries proposed for the temporary use, in accordance with MMC 18.140.050(F)(1) and (F)(3). Additional notification may be required at the zoning administrator’s discretion.

E. Effective Dates.

A. Administrative use permits, conditional use permits, and temporary use permits granted pursuant to this chapter shall expire if they have not been exercised, or if a building permit has not been issued within two years of the official action, or within the time stipulated, unless extended by the decision-making body.

B. A minor modification of an administrative use permit, conditional use permits, and temporary use permits granted pursuant to this chapter may be approved under MCC 18.140.120, Modifications. Changed plans, including changes in conditions of approval, shall be reviewed and processed in accordance with the procedures of this code.

C. An administrative use permit, conditional use permit, and temporary use permit granted pursuant to this chapter may be suspended, revoked, or modified upon a finding that any condition, stipulation, or term of the approval of the permit has been violated. [Ord. 14-12 § 1; Res. 14-36 § 504.09.]

A. Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

B. Ensure that new and modified uses and development will conform to all of the regulations and standards of this code and be compatible with the existing and potential development of the surrounding area; and

C. Supplement other city regulations and standards in order to ensure control of aspects of design that are not otherwise addressed. [Res. 23-19; Ord. 23-17 § 2; Ord. 14-12 § 1; Res. 14-36 § 505.01.]

A. Applicability. A minor development review permit is required for all new and modified buildings or structures, or for expansions to a building or structure that result in an increase less than 5,000 gross square feet or 20 percent of the existing building area, alter more than 10 percent of the surface area of the exterior portion of any facade, or as otherwise required in this code. A minor development review permit is not required for individual single-unit dwellings or second dwelling units on separately owned lots.

B. Determination. The zoning administrator shall conduct review of all minor development permits and shall approve, conditionally approve, or deny applications based on required findings and criteria in this chapter. An approved minor development review permit may include attachments of other written or graphic information, including but not limited to statements, numeric data, site plans, floor plans, elevations, sections, material samples, as a record of the proposal’s conformity with the applicable regulations of this code.

C. Referral to Planning Commission. The zoning administrator may direct that a request be heard by the planning and zoning commission based on a review that includes, but is not limited to, the following factors:

D. Conditions. A minor development review permit may have conditions of approval imposed, consistent with MCC 18.155.080. [Res. 23-19; Ord. 23-17 § 2; Ord. 14-12 § 1; Res. 14-36 § 505.04.]

A. Applicability. A major development review permit is required for all new and modified buildings or structures, or for alterations to a building or structure that result in over 5,000 additional gross square feet, facade alterations that encompass more than 10 percent of the surface area, or as otherwise required in this code.

B. Public Notification. The issuance of a major development review permit may require that the existing development site be brought into substantial conformance with the terms and standards of this code. Notice of the proposed development review permit shall be posted on the subject property for a period of 15 days. Notice shall also be mailed to property owners within 600 feet of the property boundaries proposed for the use, in accordance with MCC 18.140.050(F)(1). Additional notification may be required at the zoning administrator’s discretion.

Determination. The zoning administrator shall conduct review of all major development review permits and shall approve, conditionally approve, or deny applications based on required findings and criteria in this chapter. An approved major development review permit may include attachments of other written or graphic information, including but not limited to statements, numeric data, site plans, floor plans, elevations, sections, material samples, as a record of the proposal’s conformity with the applicable regulations of this code.

C. Conditions. A major development review permit may have conditions of approval imposed, consistent with MCC 18.155.080.

D. Referral to Planning Commission. The zoning administrator may direct that a request be heard by the planning and zoning commission based on a review that includes, but is not limited to, the following factors:

A. Building proportions, massing, and architectural details;

B. Site design, orientation, location, and architectural design of buildings relative to existing structures, outdoor areas, walkways, trails, and streets on or adjacent to the property;

C. Topography, and other physical features of the natural and built environment;

D. Size, location, design, development, and arrangement of circulation, parking, pedestrian ways, and other paved areas;

E. Exterior colors and materials as they relate to each other, to the overall appearance of the project, and to surrounding development;

F. Height, materials, colors, and variety of fences, walls, and screen plantings;

G. Location and screening of mechanical equipment and refuse storage areas;

H. Location and design of exterior lighting features;

I. Location and type of landscaping, including selection and size of plant materials, design of hardscape, and irrigation; and

J. Size, location, design, color, lighting, and materials of all signs. [Res. 23-19; Ord. 23-17 § 2; Ord. 14-12 § 1; Res. 14-36 § 505.06.]

A. The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, will enhance the appearance and features of the project site and surrounding natural and built environment.

B. The project site plan is appropriate to the function of the project and will provide a suitable environment for occupants, visitors, and the general community.

C. Project details, colors, materials, and landscaping are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

D. The project is compatible with neighboring development by avoiding big differences in building scale and character between developments on adjoining lots in the same zoning district and providing a harmonious transition in scale and character between different districts.

E. The project contributes to the creation of a visually interesting built environment that includes a variety of building styles and designs with well-articulated structures that present varied building facades, rooflines, and building heights within a unifying context that promotes increased pedestrian activity and compatibility among neighboring land uses within the same or different districts.

F. The streetscapes, including trees, lighting, and pedestrian furniture, are consistent with the character of commercial districts and adjacent residential neighborhoods.

G. Street frontages are attractive and interesting for pedestrians and provide for greater safety by allowing for surveillance of the street by people inside buildings and elsewhere.

H. The proposed landscaping plan is suitable for the type of project and site conditions and will improve the appearance of the community by enhancing the building and site design; and the landscape plan incorporates plant materials that are drought tolerant, will minimize water usage, and are compatible with Maricopa’s microclimate. [Res. 23-19; Ord. 23-17 § 2; Ord. 14-12 § 1; Res. 14-36 § 505.07.]

A. Modification of materials;

B. Additional building setbacks;

C. Additional landscaping;

D. Height and area limitations of structures;

E. Limited vehicular access;

F. Walls, fences and screening devices;

G. Noise attenuation construction;

H. Any other restriction necessary to protect adjacent properties, preserve neighborhood character, or mitigate adverse impacts; or

I. Any other conditions that are found to be necessary to ensure that the provisions of the general plan and this code are met. [Res. 23-19; Ord. 23-17 § 2; Ord. 14-12 § 1; Res. 14-36 § 505.08.]

A. A development review permit granted pursuant to this chapter shall expire if it has not been exercised or if a building permit has not been issued within two years of the date of the approval, or within the time stipulated, whichever is longer. A one-time extension may be approved by the planning and zoning commission, upon recommendation by the zoning administrator, after a completed application to extend, and fee is submitted.

B. A minor modification of a development review permit granted pursuant to this chapter may be approved by the initial approval authority, or as otherwise specified in this code. If the modification is deemed a changed plan, including changes in conditions of approval, it shall be treated as a new application.

C. A development review permit granted pursuant to this chapter may be suspended, revoked, or modified, upon a finding that any condition, stipulation, or term of the approval of the permit has been violated. [Res. 23-19; Ord. 23-17 § 2; Ord. 14-12 § 1; Res. 14-36 § 505.09.]

A. No variance shall be granted, in whole or in part, that would have an effect substantially equivalent to a reclassification of property, alter any use or grant a privilege for which a conditional use permit is required. A variance is not a vested right and is granted upon the discretion of the hearing officer. The burden of proof for satisfying the requirements for granting of a variance, as stated in this code, rests with the applicant.

B. No variance shall be granted based on an owner-imposed hardship on a lot. [Ord. 23-35 § 2; Ord. 14-12 § 1; Res. 14-36 § 506.03.]

A. There are special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, whereby the strict application of this code will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district;

B. The special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant;

C. The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is located; and

D. The granting of such variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or public welfare in general.

E. Any other requirements as defined in A.R.S. § 9-462.06(G)(2). [Ord. 23-35 § 2; Ord. 14-12 § 1; Res. 14-36 § 506.06.]

A. Achieve the general purposes of this code or the specific purposes of the zoning district in which the site is located;

B. Protect the public health, safety, and general welfare;

C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses in the surrounding area; and

D. Any other conditions that are found to be necessary to ensure that the provisions of the general plan and this code are met. [Ord. 23-35 § 2; Ord. 14-12 § 1; Res. 14-36 § 506.08.]

A. A variance granted pursuant to this chapter shall expire if it has not been exercised, or if a building permit has not been issued within one year of the date of the approval, or within the time stipulated, whichever is longer.

B. The hearing officer may approve minor modifications that are consistent with the original findings and conditions approved and which would not intensify any potentially detrimental effects of the project. Changed plans, including changes in conditions of approval of a variance, shall be treated as a new application.

C. A variance may be suspended, revoked, or modified upon a finding that any condition, stipulation, or term of the approval of the permit has been violated. [Ord. 23-35 § 2; Ord. 14-12 § 1; Res. 14-36 § 506.09.]

A. Reasonable Accommodation. Waiver of the type of development standard and in the amount necessary to comply with the reasonable accommodation provisions of federal law based on a determination that the specific circumstances of the application warrant such an accommodation.

B. Setbacks. Up to 20 percent of the required front, side, and rear yard setback standards.

C. Build-To Areas. Up to 10 percent of the standards for building facade location.

D. Fences and Walls. Up to one foot over the maximum height.

E. Lot Coverage. Up to 10 percent of the maximum amount of lot coverage.

F. Height of Buildings and Structures. Up to 10 percent of the maximum height, or three feet, whichever is less.

G. Landscaping. Up to 10 percent of the required landscaping.

H. Transparency. Up to 10 percent of the minimum required.

I. Other Standards. Up to 20 percent of a minimum or maximum for other development standards except those listed in subsection (J) of this section.

J. Exclusions. Waivers cannot be granted for any of the following standards:

A. Review and Actions by the Zoning Administrator. The hearing officer shall approve, conditionally approve, or deny applications for waivers based on the recommendation from the zoning administrator and with consideration of the requirements of this chapter.

B. Concurrent Processing. If a request for waiver is being submitted in conjunction with an application for another approval, permit, or entitlement under this code, it shall be heard and acted upon by that decision-making body at the same time and in the same manner as that application. [Ord. 14-12 § 1; Res. 14-36 § 507.04.]

A. The waiver is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including but not limited to topography, noise exposure, irregular property boundaries, or other unusual circumstance;

B. There are no alternatives to the requested waiver that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public;

C. The granting of the requested waiver will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this code;

D. In residential districts, the hearing officer must also make the following findings in addition to any other findings that this chapter requires:

E. If the waiver requested is to provide reasonable accommodation pursuant to state or federal law, the hearing officer must also make the following findings in addition to any other findings that this chapter requires:

A. Achieve the general purposes of this code or the specific purposes of the zoning district in which the project is located;

B. Achieve the findings for a waiver granted; or

C. Any other conditions that are found to be necessary to ensure that the provisions of the general plan, this code, and other city policies are met.

D. Waivers approved based on state or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance. [Ord. 14-12 § 1; Res. 14-36 § 507.06.]

A. A waiver granted pursuant to this chapter shall expire if it has not been exercised, or if a building permit has not been issued within one year of the date of the approval, or within the time stipulated, whichever is longer.

B. A minor modification of a waiver granted pursuant to this chapter may be approved. Changed plans, including changes in conditions of approval, shall be treated as a new application.

C. A waiver granted pursuant to this chapter may be suspended, revoked, or modified, upon a finding that any condition, stipulation, or term of the approval of the permit has been violated. [Ord. 14-12 § 1; Res. 14-36 § 507.07.]

A. Public notice of hearings by the planning and zoning commission and the city council for general plan amendments shall be given as specified in MCC 18.140.060, Public Hearing Notification, and such notice and hearings also shall conform to A.R.S. § 9-461.06.

B. At least 60 days before the general plan or an element or major amendment of a general plan is noticed pursuant to subsection (A) of this section, the proposed general plan map or text amendment shall be transmitted to the planning and zoning commission, the city council, and the following:

A. Hearing. For a minor general plan amendment, the planning and zoning commission shall conduct at least one public hearing in conformance with the provisions of Chapter 18.140 MCC, Common Procedures. Where an amendment has been determined to be a “major amendment,” the planning and zoning commission shall conduct at least two public hearings in two different locations.

B. Recommendation to Council. Following the public hearings, the planning and zoning commission shall make a written recommendation on the adoption or amendment of the general plan or any element thereof. The director shall promptly transmit to the city council the planning and zoning commission’s written recommendation, together with any maps, charts, studies, or other materials, including any environmental analysis, if required. [Ord. 14-12 § 1; Res. 14-36 § 508.04.]

A. Hearing. For all general plan amendments, the city council shall conduct at least one public hearing in conformance with the provisions of Chapter 18.140 MCC, Common Procedures, and Arizona Revised Statutes. All major amendments shall be presented at a public hearing during the calendar year they are proposed to the city, unless otherwise provided by law.

B. Action. After the conclusion of the hearing, the city council shall approve, modify, or disapprove the proposed amendment.

C. Public Notification. Following the council action, the city shall make the documents amending the general plan, including the diagrams and text, available for public inspection. [Ord. 22-18 § 2; Res. 22-37; Ord. 14-12 § 1; Res. 14-36 § 508.05.]

A. Hearing. The planning and zoning commission shall conduct a public hearing in conformance with the provisions of Chapter 18.140 MCC, Common Procedures.

B. Recommendation to Council. Following the public hearing, the planning and zoning commission shall make a written recommendation on the adoption or amendment of the zoning map and/or code. The director shall promptly transmit to the city council the planning and zoning commission’s written recommendation, together with any maps, charts, studies, or other materials, including any environmental analysis, if required.

C. Findings. The planning and zoning commission shall make the following findings in their recommendation to the city council:

A. Repealed by Ord. 22-18.

B. Protested Applications for Zoning Map Amendment Requiring Supermajority of City Council to Pass. If the owners of 20 percent or more either of the area of lots included in a proposed zoning map amendment, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto, extending 150 feet from the street frontage of the opposite lots, file a protest in writing against such an action, it shall not become effective except by the favorable vote of three-fourths of all members of the city council. Such written protests shall be filed in the office of the director by no later than 12:00 noon on the Monday or Tuesday (if Monday is a holiday) of the week prior to the city council meeting at which such amendment will be considered. If any members of the city council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining members of the city council; provided, that such required number of votes shall in no event be less than a majority of the full membership of the city council.

C. Action. After the conclusion of any necessary hearing, the city council may approve, modify or disapprove the proposed zoning map or code amendment. The city council may condition its approval of any zoning map amendment. Such conditions may include, but are not limited to: conditions to assure implementation of the submitted plan in accordance with the general plan, and other applicable policies and plans adopted by the city; conditions to achieve the purpose and intent of the requested zoning district; conditions to achieve reasonable compatibility with the proposed use and adjacent land uses; and additional or different approval processes as may be required by this code.

D. Findings. Prior to approval of the proposed amendments, the city council shall make the following findings:

E. Public Notification. Following the council action, the city shall make the documents amending the zoning code and map, including the diagrams and text, available for public inspection.

F. Emergency Zoning Changes Prohibited. A decision made by the council involving rezoning of land which changes the zoning classification of such land may not be enacted as an emergency measure and such a change shall not be effective for at least 30 days after final approval of the change in classification by the council. [Ord. 22-18 § 2; Res. 22-37; Ord. 14-12 § 1; Res. 14-36 § 509.05.]

A. Applications. Applicants for a PAD development shall be required to submit, for city approval, a preliminary development plan.

B. Rezoning. Any rezoning necessary for the development of a PAD shall be processed prior to or in conjunction with an application for a preliminary plat.

C. Decision-Making Body. A PAD district must be adopted by the city council in accordance with the public notice and review procedures of MCC 18.175.030. A public hearing before the planning and zoning commission and city council is required, and the planning and zoning commission shall make a recommendation to the city council prior to city council consideration.

D. Procedure. See Chapter 18.140 MCC for notification and hearing procedure.

E. Review Procedures.

F. Initiation. An amendment to reclassify property to a PAD district shall be initiated by a property owner or authorized agent or a motion of the planning and zoning commission or the city council. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.

G. Application Content. An application for a PAD, made on the prescribed form, shall be filed with the development services department, accompanied by the required fee. Applications shall contain all of the following:

A. The proposed development is consistent with the general plan, MCC Title 17, Subdivisions, and any applicable specific plan or master plan, including the density and intensity limitations that apply;

B. The subject site is physically suitable for the type and intensity of the land use being proposed;

C. Adequate transportation facilities and public services exist or will be provided in accordance with the conditions of PAD plan approval, to serve the proposed development and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;

D. The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;

E. The development complies with applicable adopted design guidelines; and

F. The proposed development carries out the intent of the Planned Area Development provisions by providing a more efficient use of the land and an excellence of architecture and site design greater than that which could be achieved through the application of the base district regulations.

G. Residential densities shall be determined on the basis of the following:

H. Minimum Lot Area. Single-family residential developments may propose lotting arrangements with a portion of the site in parcels with less than a 5,000 square feet lot area when achieving a minimum of six points from the PAD Design Element Table.

I. Modify Development Land Use Regulations.

A. Ensure that the proposal conforms in all significant respects with the general plan and with any other applicable plans or policies that the city has adopted;

B. Achieve the general purposes of this title;

C. Achieve the findings listed in MCC 18.180.040;

D. Mitigate any potentially significant impacts identified as a result of review of the proposed PAD plan; or

E. Any other conditions that are found to be necessary to ensure that the provisions of the general plan and this title are met.

The city council may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. [Ord. 20-11 §2(510.05); Res. 20-31.]

A. Changed Plans. Amendments to a PAD District or PAD plan may be requested by the applicant or its successors. Amendments to an approved PAD plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the zoning administrator shall determine if the proposed amendment constitutes a major or minor amendment.

B. Major Amendments. Any major amendment to the PAD shall be reviewed by the zoning administrator to determine if the proposed changes will be processed as a new application, or an amendment to the existing plan requiring modifications to only portions of the PAD plan. An amendment will be deemed major if it involves one or more of the following changes:

C. Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection (B) of this section shall be considered minor if they are consistent with the original findings and conditions of approval. Minor amendments may be approved by the zoning administrator. The zoning administrator may, at his/her discretion, refer any request for an amendment to a PAD plan that may generate substantial public interest to the planning and zoning commission for a decision. Amendments to an approved PAD are considered minor and may be approved by the zoning administrator. Minor PAD amendments include, but are not limited to:

A. Process.

B. Zoning of Annexed Properties. Zoning of annexed properties shall occur in a manner consistent with A.R.S. §§ 9-471(L) and 9-462.04(E), or as otherwise required by statute as amended from time to time.

C. Construction and Building Permits.

A. Any use or activity conducted contrary to Pinal County zoning regulations at the effective date of annexation and not constituting a legal nonconforming use under the Pinal County zoning regulations shall not be considered a legal nonconforming use by the city.

B. Any use, activity or structure that is existing at the effective date of annexation, under a Pinal County use permit with a time limit imposed, may continue for the extent of the time limit. Any extension of this time limit requires zoning administrator approval. If a use permit would normally be required for the use in the zoning district where the use is located, the operator or owner shall request a use permit from the city within two years from the date of annexation. The type of permit required shall be determined according to the regulations for the city zoning district where the use is located.

C. Any lot or parcel of land legally subdivided and duly recorded in the Pinal County recorder’s office prior to the effective date of the annexation and having an area, width, depth, or street frontage less than that required in the zoning district regulations in which such lot or parcel is situated shall be deemed to be a lot and may be used as a building site; provided, that all other regulations for the zoning district shall apply.

D. Building setbacks established by Pinal County overlay zoning or a use permit for residential developments, including residential manufactured home parks and subdivisions, shall be enforced. Residential developments without county overlay zoning or a special use permit shall be subject to the setbacks as specified in this code. [Ord. 14-12 § 1; Res. 14-36 § 511.04.]

A. Zoning Administrator. The zoning administrator or its designee shall enforce all provisions of this chapter related to issuance of discretionary permits and shall have responsibility for ordering the correction of violations and initiating the revocation of discretionary permits pursuant to MCC 18.140.130, Revocation of Permits and Approvals, and the abatement of nuisances as defined in this chapter.

B. Building Official. Prior to issuance of building permits, the building official shall ascertain that plans presented with the building permit application conform to those approved subject to the requirements of this chapter.

C. Code Enforcement Officer. The code enforcement officer shall enforce all provisions of this chapter pertaining to the use, erection, construction, reconstruction, relocation, conversion, alteration, or addition to any building or structure and condition of approval of use permits, variances, nuisance abatements, or other discretionary approvals. The code enforcement officer is hereby authorized to cause to be stopped any work or use undertaken without or contrary to approval granted pursuant to this chapter or in violation of any of its other provisions.

D. City Attorney. The city attorney may, at its discretion or upon order of the city council or city manager, immediately commence action or proceedings for the abatement and removal and enjoinment of violations in the manner provided by law, and may take such other steps and may apply to such courts as may have jurisdiction to grant such relief as will abate and remove such use, or building or structure, and may seek to restrain and enjoin any person, firm or corporation from such use of any property, building or structure, or from setting up, erecting, building, maintaining or demolishing any such building or structure contrary to the provisions of this chapter. [Ord. 14-12 § 1; Res. 14-36 § 512.02.]

A. Structure or Use. Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this code, and any use of any land, buildings or premises established, conducted, operated or maintained contrary to the provisions of this code, shall be, and the same hereby declared to be, unlawful and a public nuisance.

B. Violation of Permit. Any use established through the issuance of a discretionary permit (i.e., conditional use permit, variance, preliminary parcel map, preliminary tract map, etc.) which is not constructed, operated and/or maintained in compliance with the provisions of this code and the conditions of approval of said permit shall be, and the same hereby declared to be, unlawful and a public nuisance.

C. Other Nuisances. Any use, event, structure or building, whether nonconforming or otherwise, that meets any of the following criteria shall be deemed a public nuisance subject to abatement as set forth herein: excessive littering; excessive noise (particularly between the hours of 11:00 p.m. and 6:00 a.m.); noxious smells or fumes; or violation of any provision of this chapter or any other city, state, or federal regulation, code, or statute. [Ord. 14-12 § 1; Res. 14-36 § 512.03.]

A. Notice and Order and Opportunity to Cure. Following identification of any uses, structures, or buildings that are deemed to be in violation of this code, or any nuisance as defined in this chapter, the code enforcement officer shall issue a notice of order to the property owner and occupant of the subject property. The notice shall specify the exact violation or nuisance that has been identified, a date by which the nuisance must be corrected, provisions regarding reinspection and any fees that may apply, and the name and contact information of the code enforcement officer or designee. Prior to initiation of nuisance abatement, the property owner shall have the opportunity to cure the violation within the specified time period. The code enforcement officer may authorize additional reinspections if there is substantial progress in curing the violation, and all reinspection fees are paid as required by the adopted city fee schedule.

B. Initiation of Nuisance Abatement. Proceedings under this section to terminate, modify, or condition any use, structure or building may be initiated by direction of the hearing officer on its own accord or following recommendation by the zoning administrator. In either case, the direction shall identify the use, building, or structure being considered, identify the property involved, set forth the reason or reasons for the proposed abatement, and fix a time and place for a public hearing on the proposed abatement. Initiation of abatement proceedings may be adopted without a public hearing.

C. Notice of Public Hearing. Upon initiation of abatement proceedings, the city clerk shall give notice to the violator of his right to a public hearing before the hearing officer pursuant to the provisions in Chapter 18.140 MCC, Common Procedures. In addition, within the prescribed time period, the city clerk shall also mail the notice of the right to hearing to the person or persons whose use, structure or building is the subject of the abatement proceedings, any person who requested initiation of abatement proceedings, and to any other person who has filed a written request with the development services department for such notice.

D. Public Hearing. The hearing officer shall conduct a public hearing in the manner prescribed in Chapter 18.140 MCC, Common Procedures and shall provide for testimony by city staff and the owner of the use, structure, or property that is the subject of the proceeding. Any other interested person shall also be given an opportunity to provide testimony.

E. Action. The hearing officer shall consider the staff report and the evidence, testimony, and facts presented at the hearing before taking action. If the hearing officer finds that the use, building, or structure constitutes a nuisance, it may impose any remedy as provided for in this chapter.

F. Decision and Notice. The decision of the hearing officer shall be final. The city clerk shall issue a notice of action describing the hearing officer’s action, with its findings. The city clerk shall mail the notice to the permit holder and to any person who has requested such notification by filing a written request with the city clerk.

G. Effective Date. A decision to abate a nuisance shall become effective immediately after the date of decision.

H. Recovery of Costs. The recovery of costs associated with the revocation proceedings shall be subject to the provisions of MCC Title 9. [Ord. 14-12 § 1; Res. 14-36 § 512.04.]

A. If compliance is not accomplished with an order of the code enforcement officer or their designee, to correct violations of this code within the time specified in the notice and order, the director may file with the county recorder a certified statement describing the property and certifying that:

B. The notice shall specifically describe the violations and a proof of service shall also be recorded with the notice and order.

C. Whenever the corrections ordered shall thereafter have been completed, the code enforcement officer shall file a new certified statement with the county recorder certifying that all required corrections have been made so that the property and/or structure is no longer in violation of this code. [Ord. 14-12 § 1; Res. 14-36 § 512.05.]

A. Criminal Actions.

B. Civil Actions. An alleged violator who is served with a citation or notice of violation subject to a civil penalty shall not be subject to a criminal prosecution for the same factual situation. However, all other remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or to remove prohibited buildings, structures, or improvements nor prevent the enforcement, correction or removal thereof. In addition to the other remedies provided in this chapter, the city council, the city attorney, or any adjacent or neighboring property owner who shall be especially damaged by the violation of any provision of this code, may institute, in addition to the other remedies provided by law, injunction, mandamus, abatement or any other appropriate action, proceeding or proceedings to prevent or abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.

C. Injunctive Relief and Abatement. At the request of any person authorized to enforce this code, the city attorney may commence proceedings for the abatement, removal, correction and enjoinment of any act or omission that constitutes or will constitute a violation of this code or any permit or land use approval granted pursuant thereto, and an order requiring the violator(s) to pay civil penalties and/or abatement costs. Where multiple violators are involved, they shall be jointly and severally liable for the civil penalties and/or abatement costs.

D. Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor, or otherwise, who violates any provision of this code or any permit or any condition of land use approval granted pursuant thereto, shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) per violation for each day or any portion thereof, that the violation continues to exist. In determining the amount of civil penalty to be imposed, both as to the daily rate and the subsequent total amount for any given violation, the court shall consider all relevant circumstances, including but not limited to the extent of the harm caused by the conduct constituting the violation, the nature and persistence of such conduct, the length of time over which the conduct occurred or as repeated, the assets, liabilities, and net worth of the violator, whether a corporate entity or an individual, and any corrective action taken by the violator.

E. Attorney’s Fees. In any civil action, administrative proceeding, or special proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an abatement order, or other order; attorney’s fees may be recovered by the prevailing party and shall not exceed the amount of reasonable attorney’s fees incurred by the city in that action or proceeding.

F. Administrative Actions. As an alternative to the criminal or civil enforcement of this code, i.e., this title, and, further, as an alternative to all other administrative enforcement procedures provided by this code, all violations of this code may be subject to enforcement through the use of administrative citations. [Ord. 14-12 § 1; Res. 14-36 § 512.06.]