Payson City Zoning Code

ADMINISTRATION

§ 154-08-001 PURPOSE.

The purpose of this subchapter is to set forth the organization, powers and duties of the offices responsible for the administration of this Code.

(Ord. 466, passed 2-22-96; Am. Res. 2646, passed 1-5-12; Am. Ord. 818, passed 1-5-12)

§ 154-08-002 COUNCIL.

The Council shall have the following duties in the administration of the zoning provisions of this Code:

(A) Review, adopt, and amend the Master Plan for the Town of Payson, and other plans deemed necessary upon recommendation from the Commission.

(B) Hear, review, and consider appeals from decisions of the Commission.

(D) Hear, review, and adopt amendments to the Zoning Map after recommendation from the Commission.

(E) Hear, review, and adopt amendments to the text of this Code upon recommendation from the Commission.

(F) Take such other action that the Council may deem necessary or desirable to implement the provisions of these regulations and the Master Plan.

(Ord. 466, passed 2-2-96; Am. Res. 2646, passed 1-5-12; Am. Ord. 818, passed 1-5-12)

§ 154-08-003 PLANNING AND ZONING COMMISSION.

The Commission shall primarily serve as an advisory body to the Town Council to direct growth and physical development of the town in a sound and orderly manner for prosperity, health, safety, and welfare of citizens.

(A) Membership.

(1) The Commission shall be composed of seven members who shall be residents of the town, and at least two of whom shall be qualified by design-related background, training or experience, including architecture, landscape architecture, interior design, planning, fine arts, construction or other design-related background. The members of the Commission shall be appointed by the Council. These appointments shall be for a period of three years each with the terms of members so staggered that the terms of no more than three members shall expire in any one year. All members shall be appointed for full three year terms except that in the event of death or resignation of a member the vacancy may be filled for the unexpired term. The term of all members shall extend until their successors are qualified.

(2) All members shall serve without pay. Members of the Commission may be reimbursed for actual expenses incurred in connection with duties upon authorization or ratification by the Community Development Director and approval of such expenditures by the Town Manager.

(B) Officers. The Commission shall elect a chairman and vice-chairman from among its own members, who shall serve for one year and until their successors are elected and qualified. The chairman shall preside at all meetings and exercise all the usual rights, duties, and prerogatives of the head of any similar organization. The chairman shall have the power to administer oaths and to take evidence. The vice-chairman shall perform the duties of the chairman in the absence or disability of the chairman. Vacancies created by any cause shall be filled for the unexpired term by a new Council appointment.

(C) Duties. It shall be the duty of the Commission to hold public hearings when necessary and make recommendations to the Council on all matters concerning or related to the creation of zoning districts and boundaries, the appropriate regulations to be enforced therein, the amendment of this Code, and any other matter within the scope of the zoning power.

(1) To hear, review, and make recommendations to the Council regarding applications for amendments to the General Plan and other planning documents.

(2) To serve as an advisory body to the Council and to furnish to the Council through its secretary the facts concerning the adoption of any report or recommendation.

(3) To initiate, hear, and review amendments to the Zoning Map in accordance with the provisions of §§ 154-09-001 through 154-09-017.

(4) To initiate, hear, and review amendments to the text of this Code.

(5) To make investigations, maps, reports and recommendations in regard to the physical development of the Town of Payson.

(6) To review and approve, approve with stipulations, or disapprove preliminary subdivision plats in accordance with rules and procedures of the subdivision regulations.

(7) To approve or disapprove conditional use permits.

(Ord. 466, passed 2-22-96; Am. Res. 2646, passed 1-5-12; Am. Ord. 818, passed 1-5-12; Am. Res. 2949, passed 8-18-16; Am. Ord. 885. passed 8-18-16; Am. Res. 3266, passed 11-18-21; Am. Ord. 939, passed 11-18-21)

§ 154-08-004 BOARD OF ADJUSTMENTS.

(A) The Board, organized as provided under Ordinance No. 364 of the Town of Payson, shall, at its first meeting every July, elect a Chairman and Vice Chairman from among its appointed members, who shall preside at all meetings and hearings of the Board, decide all points of order or procedure and perform any duties required by law, ordinance or this Code. The members of the Board shall be appointed by the Council. The term of the Chairman shall be one year and any member serving as Chairman shall be eligible for re-election and have the power to administer oaths and take evidence.

(B) The Board of Adjustment shall have public meetings and minutes of its proceedings showing the vote of each member and records of its examinations and other official actions shall be filed in the office of the Board as a public record.

(1) A Board of Adjustment shall:

(a) Hear and decide appeals from the decisions of the Zoning Administrator, or the Commission, and shall exercise such other powers as may be necessary or proper for the conduct of his business and adopt all rules and procedures necessary or convenient for the conduct of its business.

(b) Hear and decide appeals in which it is alleged that there is an error in an order, requirement or decision made by the Zoning Administrator in the enforcement of this Code.

(c) Hear and decide appeals for variances from the terms of the zoning section of this Code (§§ 154-02-001 through 154-02-016), only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings the strict application of the zoning provisions of this Code in §§ 154-02-001 through 154-02-016, will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which property is located.

(d) Reverse or affirm, wholly or partly, or modify the order, requirement or decision of the Zoning Administrator, or Commission, appealed from, and make such order, requirement, decision or determination as necessary.

(2) A Board of Adjustment may not:

(a) Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the zoning provisions of this Code, provided the restriction in this division shall not affect the authority to grant variances pursuant to this Code and A.R.S. Article 6.1 of Chapter 4 of Title 9.

(b) Grant a variance if the special circumstances applicable to the property are the result of actions taken by the property owner or previous property owner.

(Ord. 466, passed 2-22-96; Am. Res. 2646, passed 1-5-12; Am. Ord. 818, passed 1-5-12)

§ 154-08-005 DEVELOPMENT SERVICES COMMITTEE.

The primary purpose of the Development Services Committee is to provide assistance and input to applicants in the development process for residential or commercial development, use permits, zoning modifications, variances, etc.

(A) The Development Services Committee shall consist of representatives from the following Departments: Public Works; Water; Community Development; Fire; Legal; Parks, Recreation and Tourism; and the Town Manager.

(B) The Town Manager or designee shall act as Chairman for the Development Services Committee and establish town policy concerning meeting schedule, protocol, membership, etc.

(Ord. 466, passed 2-22-96; Am. Res. 2646, passed 1-5-12; Am. Ord. 818, passed 1-5-12; Am. Res. 3266, passed 11-18-21; Am. Ord. 939, passed 11-18-21)

§ 154-08-006 COMMUNITY DEVELOPMENT DEPARTMENT.

The Community Development Department will have the following powers and duties:

(A) To serve as the planning agency per statutory provisions, and administer all official planning, zoning, subdivision, and building regulations as provided in this Code.

(B) To develop a Master Plan, any area or specific plans, and Capital Improvements Plan, and to submit such plans, including amendments thereto, to the Commission and the Council as may be required by applicable provisions of this Code.

(C) The Community Development Director or designated representative(s) shall serve as zoning administrator(s) for the town, and shall be authorized to enforce all zoning related matters as provided for in this Code.

(D) To interpret and administer the zoning and subdivision regulations and the related policies established by the Council.

(E) To establish forms and processes for the administration and review of map amendments, conditional uses, variances, subdivision plats, text amendments, and appeals.

(F) To conduct pre-application conferences prior to submission of applications for map and text amendments, conditional uses and variances.

(G) To accept, review, and make recommendations regarding map amendments.

(H) To accept and process appeals applications.

(I) To provide staff to facilitate all public hearing requirements necessary under the provisions of these regulations.

(J) To provide staff to the Council, the Commission, the Board of Adjustments and, the Planning and Zoning Commission in the execution of their responsibilities under this Code.

(K) To review and decide applications for building permits for compliance with the provisions of these regulations and ensure that the actual construction is in accordance with these regulations.

(L) To review applications for certificates of occupancy, including conditional certificates of occupancy in accordance with this Code.

(M) To enforce the provisions of this Code as applicable to community development.

(N) To review and approve, approve with stipulations, or disapprove preliminary plats for ten or fewer lots on properties less than ten acres in size.

(Ord. 466, passed 2-22-96; Am. Res. 2646, passed 1-5-12; Am. Ord. 818, passed 1-5-12)

§ 154-08-007 PUBLIC WORKS DEPARTMENT.

The Public Works Department shall have the following powers and duties:

(A) To review all design plans for infrastructure improvements to determine compliance with Council policies and town codes.

(B) To determine appropriate rights-of-way width, and level of improvements needed.

(C) To review minor land divisions and preliminary plats and provide comments to the Community Development Department concerning infrastructure improvements and other project requirements.

(D) To participate in pre-application meetings with developers for new subdivisions.

(E) To review and approve final plats and improvement plans subject to the stipulations placed on the preliminary plat.

(F) To inspect all infrastructure improvements for new subdivisions to determine compliance with Council Policy, and prepare a report of acceptance to the Council.

(G) To review and determine appropriateness of cost estimates for infrastructure improvements.

(H) To enforce the provisions of this Code as applicable to infrastructure development.

(I) To review and recommend acceptance of assurance agreement for infrastructure improvements to the Council.

(J) To review and approve, approve with stipulations, or disapprove preliminary plats for ten or fewer lots on properties less than ten acres in size.

(Ord. 466, passed 2-22-96; Am. Res. 2646, passed 1-5-12; Am. Ord. 818, passed 1-5-12)

§ 154-08-008 ADMINISTRATIVE RELIEF.

(A) The Community Development Manager may authorize administrative relief to the property owner, only if necessary, of up to 10% of any development standard unless specifically restricted elsewhere in this Code if:

(1) An application by the property owner, on a form prescribed by the Community Development Manager, has been submitted;

(2) Notice, by first class mail, postmarked at least five days prior to the determination to adjacent property owners determined by the Community Development Manager as potentially affected by the request;

(3) The proposed improvement requiring relief will not be detrimental to the property requesting relief, any adjacent property owner or the town;

(4) The relief granted is the minimum required to meet the needs of the proposed improvement; and

(5) The relief shall not be contrary to the purposes and intent of this Code.

(B) Any relief authorized by the Community Development Manager will be documented with findings consistent with the standards above, and filed with the building permit records, subdivision case file, or other department files, as appropriate.

(C) The Public Works Manager may authorize administrative relief to the requirements of §§ 154-07-001 through 154-07-005 if it can be documented that following these requirements is unreasonably restrictive.