Payson City Zoning Code

PROCEDURES

§ 154-09-001 PURPOSE.

The purpose of this subchapter is to provide for the orderly processing of applications and requests according to the administrative entities cited in §§ 154-08-001 through 154-08-008 .

(Ord. 466, passed 2-22-96)

§ 154-09-002 APPLICABILITY.

The development review procedures set forth in this subchapter establish the standards for review and approval of all proposed development of property within the town.

(Ord. 466, passed 2-22-96)

§ 154-09-003 BUILDING PERMITS.

(A) The purpose of this subchapter is to classify "permitted uses" in accordance with this Code, in order to ensure that development in the town is within acceptable construction standards and is compatible with adjacent land uses that are in conformity with this Code.

(B) Permits required.

(1) No development or establishment of a permitted use shall be allowed until the applicant has obtained a building permit from the Community Development Department. In "trailer" and "mobile" home parks a building permit is required for installing manufactured homes and park model homes and for alterations and additions thereto. If trailer and mobile home parks have sites for RV usage, these spaces must be designated by the park and approved by the town. Where the parks have approved RV sites, no building permit is required, however, no structural additions or alteration may be made to the RV, the utilities can not be permanently affixed and the RV shall remain mobile.

(2) A building permit shall not be issued unless the application for development approval complies with the provisions of these regulations and other applicable town codes.

(3) No building permit shall be issued in a new subdivision until all improvements have been accepted by the Council.

(C) Application requirements. Building permit applications shall be submitted to the Building Department and shall provide:

(1) A site plan drawn to scale, showing: the exact size in acres and/or square feet, shape and dimension of each lot to be built upon; exact size and location on the lot of existing buildings and structures; exact size and location of proposed buildings to be erected, altered or moved; identification of all drainage, easements, and right-of-ways; size, arrangement, number of parking facilities, traffic movement, and location of ingress and egress.

(2) A declaration of the existing and intended use of each existing and proposed building or structure on the lot and the number of families and housekeeping units which each existing building is designed to accommodate.

(3) Any additional information as requested relating to the proposed improvement needed to determine compliance with this Code.

(4) All required structural, electrical, mechanical, plumbing, civil engineering and other drawings and documents necessary to meet the requirements of the current Building Code, Plumbing Code, Mechanical Code, Fire Code, Electric Code and other codes adopted by the town.

(D) Review.

(1) Applications for building permits shall be submitted to the Building Department for review by the Building Official for compliance with all building codes.

(2) The Building Official shall forward a copy of the permit application along with the site plan to the Zoning Administrator and other town departments for review in compliance with all applicable regulations.

(3) The applicant shall provide evidence of an approved means of sanitary disposal as permitted by the appropriate agency, such as: Northern Gila County Sanitary District, Gila County Health Department, Arizona Department of Environmental Quality.

(E) Final decision. The Building Department shall make its decision to issue a building permit within the time lines prescribed by the Community Development Director either by issuing the permit or requesting the applicant to complete the compliance requirements.

(F) Effect of approval. The issuance of a building permit authorizes the holder to commence construction in accordance with the terms of the permit. The applicant will be required to follow the procedures of this section for any additional permits or approvals in order to complete the development and occupancy requirements for the subject property.

(Ord. 466, passed 2-22-96)

§ 154-09-004 CONDITIONAL USE PERMIT.

(A) Purpose and intent.

(1) Every zoning district contains certain buildings, structures and uses of land that are normal and complementary to allowed uses in the district, but are often incompatible with adjacent activities and uses by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets or similar conditions.

(2) It is the intent of this section to permit conditional uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses.

(3) It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses. Conditional uses shall be compatible with land uses permitted in a zoning district, and may require the imposition of specific conditions in order to ensure that the number of such uses, their location, design and configuration as may be determined by the Planning and Zoning Commission. Only uses which are authorized as conditional in §§ 154-12-001 through 154-12-003 may be approved as conditional uses. Each proposed conditional use shall be evaluated by the Commission for compliance with the standards and conditions set forth in this section and for each zoning district.

(B) Application and review process.

(1) An application for a conditional use permit shall be submitted along with the required number of development plans to the Community Development Director on forms provided by the town with all the supporting applicable requirements of §§ 154-09-008 and 154-09-009.

(2) Each application shall be reviewed by the Community Development Director in conjunction with other appropriate town departments. The Director shall forward a staff report and recommendation to the Commission.

(3) The Commission shall hold a public hearing on the application for the conditional use permit, approving with or without conditions, or disapproving the application within 30 calendar days of the public hearing unless additional time is necessary and shall forward its decision to the applicant in writing.

(C) Standards of review. To ensure that the proposed use will be compatible with the surrounding area, to ensure the provision of the appropriate off-site improvements and that any modification of the development plan imposed by the Commission will be complied with, a conditional use permit shall be issued only when the Commission finds that the applicant has adequately addressed the following:

(1) Access and traffic; pedestrian, bicycle and vehicular circulation.

(2) Noise, light, visual, litter and other pollutants.

(3) Buffering provisions.

(4) Impact on public utilities.

(5) Signage and outdoor lighting.

(6) Compliance with General Plan.

(7) Dedication and development of streets adjoining the property.

(8) Impact on historical/archeological or natural sites.

(9) Impact on the native vegetation and ecological character of the site.

(10) Water and air pollution, such as fill, dust, and smoke.

(11) Any other factors necessary to assure that the proposed use is compatible and not detrimental to the surrounding land uses.

(D) Decision, effect, appeal.

(1) Decision. The Commission may disapprove or approve with conditions an application for a conditional use permit. The conditions may include, but are not limited to:

(a) Limitations on size, bulk and location of structures;

(b) Requirements for additional landscaping or buffering;

(d) Duration of the permit;

(e) Hours of operation;

(f) Time limits on the issuance of a certificate of occupancy. An extension may be granted by the Commission and shall be valid for a maximum of six months;

(g) Mitigation of any adverse impacts; and

(h) Any other condition that furthers the General Plan or policies adopted by the Council.

(2) Effect of approval.

(a) Issuance of a permit for a conditional use shall apply only to the particular use and site plan for which issued, and such approval shall be deemed to run with the land. The applicant shall be required to follow the provisions of this section for any additional applicable permits prior to proceeding with development or implementation of additional uses for subject property.

(b) All such conditions and approvals shall be binding on the applicant(s), their successors and assigns. The applicant shall also be required to sign the conditional use permit, have it notarized and recorded by the town in the office of the Gila County Recorder.

(3) Appeals. Any person aggrieved by a decision of the Commission to approve or disapprove a conditional use permit may file a letter of appeal to the Council within 30 calendar days of the decision. If a decision of the Commission on a conditional use permit is appealed, the Town Council shall conduct a public hearing as soon as is reasonably practical in accordance with provisions of § 154-09-009. The Town Council may reverse, affirm or modify the decision of the Commission following the conclusion of the public hearing.

(E) Compliance review. The Community Development Director shall review all conditional use permits and report to the Commission if the conditions of the permit have not been met. If the conditions have not been met the Commission shall notify the permit holder and shall set the matter for a public hearing. If at the conclusion of the public hearing the Commission finds that the conditions have not been met the conditional use permit may be modified or revoked.

(Ord. 466, passed 2-22-96)

§ 154-09-005 TEMPORARY USE PERMIT.

(A) Purpose. The purpose of a temporary use permit is to permit one-time or short-time use of land such as a special event, farmer's market, carnival, swap meet, or other similar event. Temporary use permits shall be required to protect the health, safety and general welfare of the citizens of Payson.

(B) General requirements.

(1) Temporary uses shall be compatible with land uses permitted in the respective zoning district, and may require the imposition of specific conditions by the Community Development Director in order to ensure that the uses, their location, design and configuration are compatible with parking, traffic circulation and congestion, environmental quality, public health and safety, welfare of the community, and do not create a nuisance.

(2) The temporary use permit may be revoked without notice in the event the conditions of the permit have been violated.

(3) An applicant will be limited to one temporary use permit per year per location.

(4) The applicant shall be the owner or lessee of the property or have written permission from the owner of lessee.

(5) The applicant shall submit the application fee (non-refundable) along with the application. If the temporary use permit is approved, the applicant shall pay the appropriate permit fee according to the fee schedule, as adopted by the Town Council, prior to the dates of the temporary use permit.

(C) Application. Applications for temporary use permits shall be submitted to the Community Development Department along with the following information:

(1) Address or location of proposed use.

(2) Existing and intended use or uses.

(3) Names and addresses of all property owners within 100 feet on the temporary use site, and evidence that each of the property owners have been informed of proposed use.

(4) Submittal of site plan with required site information and such additional information as required by the Community Development Director.

(D) Review and approval.

(1) An application for a temporary use permit shall be submitted along with the site plan to the Community Development Director on forms provided by the town, and shall be reviewed by the Director in conjunction with other appropriate town departments. The Community Development Director shall make a decision on issuance of the permit after allowing ten days for public comment.

(2) The Community Development Director shall consider the following and establish any conditions necessary and appropriate to the permit, or may deny the permit after review according to the following factors:

(a) Access; and traffic; pedestrian, bicycle and vehicular circulation;

(b) Noise, light, visual, litter and nuisances;

(d) Impact on neighborhood;

(e) Impact on native vegetation and ecological condition of the site;

(f) Water and air pollution, such as fill, dust, and smoke. Modification of the site plan imposed by the Commission shall be complied with;

(g) Existence and impact of any other temporary use or conditional permits on or near the subject site.

(3) Appeals. Any person aggrieved by a decision of the Community Development Director may appeal to the Council within 15 calendar days of the decision. The Council may reverse, affirm or modify the decision of the Community Development Director.

(E) Duration.

(1) A temporary use permit shall be assigned specific dates and times for the requested event, and the permit shall be good only for those dates and times at the assigned location. During operation of the event, the permit must be posted in a location visible to the public. For event series that require multiple dates, such as a farmer's market, or concert series, more than one date may be included on a single permit.

(2) A temporary use permit shall be for a maximum of two weeks or six non-consecutive days per year, however actual time frame allowances are at the discretion of the Community Development Director or his designee, when dealing with non-commercial activities or activities of community wide benefits.

(3) Two extensions of up to 14 consecutive days may be granted for commercial activities at the discretion of the Zoning Administrator provided all conditions have been met, no validated complaints have been received and the current fee is paid for each extension.

(Ord. 466, passed 2-22-96)

§ 154-09-006 VARIANCE.

(A) Purpose. The purpose of a variance procedure is to provide a means whereby the literal terms of this Code need not be applied where there are practical difficulties or unnecessary hardships so that the spirit of this Code shall be observed, public safety and welfare secured, and substantial justice done.

(B) Application.

(1) An application for a variance shall be filed with the Community Development Department, on forms provided.

(2) An application for a variance shall only be initiated by a property owner, an agent authorized by the owner or a person having a written contractual interest in the affected property. Proof of ownership of the subject property or a notarized "authorized agent" form shall be required.

(3) A complete town application form may require: a site plan, depicting the special circumstance or location of the deviation from district standards, a detailed description of the request or the specific grounds for an appeal of a Community Development Department decision.

(4) A 300 foot radius map of the subject property and surrounding properties within 300 feet of the subject property boundaries shall be required.

(5) The application shall contain an accurate, verified list, made within the previous 30 days, giving the names and addresses of all the owners of all properties lying within the area of the proposed change and of all properties any part of which is within 300 feet of the proposed change. The list shall be furnished at the applicant's expense and may be rejected by the Commission for incomplete or inaccurate information. Pre-addressed stamped envelopes to such property owners shall be required. Note: stamped envelopes may be waived, if pre-addressed mailing labels are submitted.

(6) Four sets of the site plan (8.5" x 11" or 11" x 17") drawn to scale and accuracy, commensurate with it's purpose, shall be required. As a site plan is specific to a particular situation, the applicant shall confer with the Community Development Department to determine the information required. (i.e. locations of structures and buildings, building floor plans, elevations, parking areas and accesses, trees and vegetation, signage, drainages, etc.)

(7) The application shall be accompanied by payment of the appropriate fee on the schedule of such charges as adopted by the Council. When a variance request is for a deviation from district standards, none of such fees shall be refundable. When appeals are made of a Community Development Department decision(s), the Board of Adjustments shall have the discretion to refund all, a portion, or none of the application filing fee.

(C) Staff review. An application for a variance authorized under the provisions of this section shall be submitted to the Community Development Director and shall be reviewed by the Board of Adjustments within 30 calendar days of receipt of the complete application. The Director shall submit the application and a written report to the Board of Adjustments with a recommendation on whether the variance should or should not be granted or modified.

(D) Board of Adjustments decision. The Board of Adjustments shall hold a public hearing within the 30 day period referred to in division (C) above. At the conclusion of the public hearing the Board shall have reviewed the standards as set forth below, the testimony at the hearing and the record. The Board of Adjustments may grant a variance according to specified conditions or deny the variance.

(E) Standards for granting a variance. A variance shall be granted only under the following:

(1) Due to special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of these regulations will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district.

(2) That a grant of a variance will be subject to conditions as will ensure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.

(3) The special circumstances applicable to the property are not self-imposed by any person presently having an interest in the property.

(4) The variance will not allow the establishment of a use which: is not otherwise permitted in the zoning district; would result in the extension of a non-conforming use; would change the zoning classification of any or all of the property.

(Ord. 466, passed 2-22-96)

§ 154-09-007 ADMINISTRATIVE APPEAL.

The purpose of this section is to allow appeals from the decisions of administrative officers to ensure that the regulations in this Code are administered consistently with the policies adopted by the Council.

(A) Building Code appeals. Building Code appeals shall be in accordance with the current Building Code.

(B) Zoning appeals. Appeals to decisions made by the Community Development Director shall be heard by the Board of Adjustments. Appeals may be made by any person aggrieved by any officer, Board, or department, of the town affected by any decision or interpretation made by the Community Development Director while administering this Code.

(1) Requests to appeal the decision of the Community Development Director shall be made on an application form specifying the grounds for the appeal with the required documentation as specified by the Community Development Director. Appeals shall be filed within 30 calendar days of the date of the decision or interpretation.

(2) Any appeal, unless otherwise provided by law, shall stay all proceedings in the manner appealed from, unless the Community Development Director certifies that a stay would cause imminent peril to life or property.

(3) The Board of Adjustments shall fix a reasonable time for hearing the appeal, and shall give notice of hearing by both publication in a newspaper of general circulation in accordance with A.R.S. § 9-462.04 and posting the notice in conspicuous places close to the property affected.

(4) Findings by the Board of Adjustments. When considering an appeal of a decision or interpretation made by the Community Development Director, the Board of Adjustments shall make its determination based on the following findings:

(a) The Community Development Director did or did not evaluate all relevant provisions of this Code;

(b) The Community Development Director did or did not consider all relevant information related to the decision or interpretation; and

(5) If the Board of Adjustments determines that the decision or interpretation made by the Community Development Director was in error, the resulting decision by the Board shall not constitute an amendment to this Code by permitting a use not otherwise allowed, or waive the development standards of the zoning district in which the property is located.

(Ord. 466, passed 2-22-96)

§ 154-09-008 AMENDMENTS TO TEXT AND ZONING MAP.

The Council may from time to time as public necessity, convenience, general welfare and good planning practice requires change the district boundaries or amend, change, repeal or supplement the regulations herein established. Such changes or amendments may be initiated by the Council, the Commission, and staff or by application of one or more owners of real property within the area proposed to be changed.

(A) Applications for amendments. Applications for change of district boundaries or for amendment of this Code shall be filed with the Community Development Director or his/her designee. In the case of an application requesting a zoning district change, which includes other property in addition to that owned by the petitioner, the application shall include the signatures of the real property owners representing at least 75% of the land in the area proposed to be changed. Applications shall be filed on a form provided for the purpose and shall include:

(1) A detailed narrative justifying the application.

(2) A map showing the particular property or properties for which the change of zone is requested and substantially the adjoining properties and the public streets and ways within a radius of 300 feet of the exterior boundaries thereof.

(3) A development plan which shall show the following:

(a) Topographical description showing existing and proposed grades and drainage systems and natural and man made features with indication as to which one(s) are to be retained and which one(s) are to be removed or altered.

(b) Proposed street system.

(d) Proposed reservation(s) for parks, parkways, playgrounds, recreation areas and other open spaces.

(e) Off-street parking space.

(f) Types and uses of structures.

(g) Locations of structures, garages and/or parking spaces.

(h) A tabulation of the total number of acres in the proposed project and a percentage thereof designated for the proposed structures.

(i) Preliminary plans and elevations of the structure types.

(4) A true statement revealing any restrictions of record that would affect the requested uses of the property and the dates of expiration thereof.

(5) Such photographs, drawings and other supporting documents, as the applicant may desire to present.

(6) A citizens participation report as required in § 154-09-013.

(7) Payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of filing fee shall not be applicable when the applicant is the Council or Commission or when the town, county, state or federal government initiates the change or amendment.

(8) A legal description of the subject property.

(9) The Community Development Director or his/her designee shall determine the format and quantities of all documents to be submitted.

(B) Commission action.

(1) Upon receipt of any complete application for amendment, the Community Development Director or his/her designee on behalf of the Commission shall fix a reasonable time for the hearing of the proposed zone change or amendment and shall give notice in the manner as specified in § 154-09-009. The Commission may continue such hearing to a date certain.

(2) The Community Development Director or his/her designee shall submit a report and recommendation to the Commission prior to the scheduled public hearing.

(3) The Commission shall review any application based on the Town of Payson General Plan, Unified Development Code, other applicable town codes, ordinances and policies and sound land use planning principles.

(4) Within 30 days after the close of the hearing, the Commission shall render and forward its decision to the Council.

(5) The Commission may vote to withdraw any Commission initiated amendment, prior to its submission to Council.

(1) Upon receipt of the Commission's recommendation, the Council shall hold at least one public hearing after providing notice as specified in § 154-09-009.

(2) The Council may require conditions as may be appropriate based on (1) the Town of Payson General Plan, Unified Development Code, other applicable town codes, ordinances and policies and (2) sound land use planning principles.

(3) The Council may approve a change of zone conditioned upon a schedule for development of the specific use or uses for which rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the Council, after notification by certified mail to the owner and applicant who requested the rezoning, shall schedule a public hearing to take administrative action to extend, remove, or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.

(4) If the owners of 20% or more either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side of the lot extending 150 feet, or of those directly opposite of the lot extending 150 feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of three-fourths of the members of the Council. If members of the Council are unable to vote on the issue because of conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the governing body, provided that such required number of votes shall in no event be less than a majority of the full membership of the Council.

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

§ 154-09-009 PUBLIC HEARINGS.

(A) Public hearings required. The Planning and Zoning Commission shall hold a public hearing as required by this Code and state law.

(B) Notice content. The notice shall include the time and place of the hearing, a general explanation of the matter to be considered and a general description of the area affected.

(1) The notice shall be published at least once in a newspaper (as defined in A.R.S. Title 39, Chapter 2) of general circulation.

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

(3) In any proceedings involving rezoning of land which may change the zoning classification, notice by first class mail shall be sent to each real property owner, if not the applicant, of the area to be rezoned and to all real property owners within 300 feet of the property to be rezoned, as shown on the last assessment of the property.

(4) In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by division (C)(5) below.

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

(b) A 10% or more increase or reduction in the allowable height of buildings.

(d) A 10% or more increase or decrease in setback or open space requirements.

(e) An increase or reduction in permitted uses.

(5) In proceedings governed by division (C)(4) of this section, the town shall provide notice to real property owners pursuant to at least one of the following notification procedures:

(a) Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes.

(b) If the town issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the town shall include notice of such changes with such utility bills or other mailings.

(c) The town shall publish such changes prior to the first hearing on such changes in a newspaper (as defined in A.R.S. Title 39, Chapter 2) of general circulation. The changes shall be published in a "display ad" covering not less than one-eighth of a full page.

(6) If notice is provided pursuant to division (C)(5)(b) or (C)(5)(c) above, the town shall also send notice by first class mail to persons who register their names and addresses with the town as being interested in receiving such notice.

(7) Posting on or near the subject site shall be required not less than 15 days prior to the hearing. The posting shall set forth the time and place of the hearing including a general explanation of the matter to be considered and a general description of the area affected.

(8) Notice shall be posted in three public places.

(9) In addition to the notification methods described above, the town may give notice of the hearing in such other manner as it may deem necessary or desirable.

(Ord. 466, passed 2-22-96)

§ 154-09-010 SUBDIVISIONS.

(A) Platting procedures and requirements. The following is a list of steps to complete the subdivision platting process:

(1) Pre-application conference.

(2) Development Services Committee.

(3) Preliminary plat pre-submittal for staff review.

(4) Preliminary plat submittal and approval.

(5) Final plat submittal and approval.

(B) Pre-application conference.

(1) Actions by the subdivider. The subdivider shall meet informally with the Planning and Zoning and Public Works Staff to present a general outline of its proposal, including, but not limited to:

(a) Sketch plans and ideas regarding land use, street and lot arrangements and tentative lot sizes.

(b) Tentative proposals regarding water supply, sewage disposal, surface drainage and street improvements.

(2) The Planning and Zoning and Public Works Staff shall provide the subdivider with information and requirements, including, but not limited to:

(a) Procedures, design, improvement standards and plat requirements;

(b) Review the proposal in conjunction with the Town of Payson General Plan Land Use Element and determine if the proposed project meets the criteria of the General Plan.

(d) Review the adequacy of existing or proposed schools, parks, and other public amenities.

(e) Review the site or otherwise determine its relationship to major streets, utility systems, and adjacent land uses and to determine any unusual problems such as topography, utilities, flooding, traffic circulation, etc.

(C) Development Services Committee. The subdivider shall meet with the Development Services Committee prior to submitting an application for subdivision of land.

(D) Preliminary plat pre-submittal review. The subdivider prepares a preliminary plat based on the information provided from the pre-application meeting, the development services meeting, and any re-zoning stipulations. This document is then submitted to the Community Development and Public Works Staff for a preliminary review prior to the official submittal. The purpose of this review is to eliminate minor errors or omissions that may cause a time delay during the official review.

(E) Preliminary plat submittal. The preliminary plat for a subdivision includes detailed subdivision planning. The preliminary plat is reviewed to determine compliance with applicable codes and regulations governing subdivision. The following is a list of requirements for preliminary plat approval:

(1) Zoning. The subdivision shall be designed to meet the specific requirements for the zoning district within which it is located. If a rezoning is required, the town staff shall not proceed with processing of the preliminary plat until the Council has approved the re-zoning application.

(2) Sanitary sewage, water supply, grading, and drainage.

(a) Sanitary sewage. All new single family residential properties less than two acres in size and all multi-family, commercial, and industrial properties shall be connected to the Northern Gila County Sanitary District (NGCSD). All new single family residential properties two acres or greater in size shall be connected to the Northern Gila County Sanitary District if: 1) the property is located within the NGCSD boundaries and there is an adequate public sewer within 1,000 feet of the nearest property line as measured along the usual or most feasible route of access; or 2) the property is not within the NGCSD boundaries, but there is an adequate public sewer within 500 feet of the nearest property line as measured along the usual or most feasible route of access and, the total cost of connecting to the sanitary sewer system is less than two times the cost of installing an on-site disposal system. A public community sewage treatment system other than the NGCSD may be approved if the property is not currently within the NGCSD, and if deemed appropriate by the Public Works Manager. All on-site sewage disposals systems shall also be approved by the Gila County Health Department.

(b) Water supply. All new single family residential properties less than two acres in size and all multi-family, commercial, and industrial properties shall be connected to the Town of Payson Water System. Single family residential lots two acres or greater in size are not required to connect to the Town of Payson water system. However, they may still be required to pay the standard development impact fees and to provide fire suppression as required by the Fire Department.

(c) Grading and drainage. All grading and drainage shall be in accordance with Chapters 151 and 152 of the Town of Payson Code of Ordinances.

(3) Preliminary plat submittal.

(a) The preliminary plat submittal package shall be prepared in accordance with the requirements of division (E) of this section and § 154-07-002. The package shall be submitted at least 21 days prior to the commission meeting at which the subdivider desires to be heard. Upon submittal of a preliminary plat to the Community Development Department, the submittal package will be reviewed for completeness. If the submittal package is incomplete, the submittal shall be rejected and the submitter notified within five working days of the package submittal.

(b) Preliminary plat submittal package shall consist of at least the following items:

1. Completed Town of Payson application form.

2. Proof of ownership or a notarized "authorized agent" form.

3. Twenty folded copies of the preliminary plat. The folded copies shall be approximately 9" x 12" in size.

4. Two copies of the preliminary title report.

5. Two copies of the preliminary drainage report.

6. One copy of the hillside analysis map.

7. One copy of any proposed conditions, covenants and restrictions (CC&R's).

8. One electronic copy of all submittal package items in .pdf format.

9. Citizen participation report as outlined in § 154-09-014. The results of the rezoning citizen participation meeting may be used for the preliminary plat if the rezoning citizen participation meeting was completed within the previous 12 months.

10. A tree survey may be required by the Community Development Department.

11. Preliminary plat filing fee in accordance with the current Town of Payson fee schedule. The filing fee pertains to this submittal only. Any amendments, extensions, etc. shall require payment of additional fees.

(4) Preliminary plat review. Upon acceptance of the preliminary plat submittal package, the Community Development Department shall transmit a copy of the preliminary plat to the following departments, agencies, and utility companies for their information, review and comment:

(a) Town Manager;

(b) Legal Department;

(d) Water Department;

(e) Police Department;

(f) Fire Department;

(g) Parks, Recreation and Tourism Department;

(h) Unified School District;

(i) Arizona Public Service;

(j) Entity providing cable television services

(k) Northern Gila County Sanitary District;

(l) Entity providing landline telephone services;

(m) United States Postmaster in Payson;

(n) Arizona Department of Transportation (if project abuts a state highway);

(o) Payson Ranger District of the Tonto National Forest (if project abuts the National Forest);

(p) Town of Star Valley (if project abuts Town of Star Valley boundaries);

(q) Gila County (if project abuts property under Gila County jurisdiction);

(r) Tonto Apache Tribe (if a project abuts the Tonto Apache Reservation).

Each entity shall be given a minimum of eight working days to review the preliminary plat and provide written comments to the Community Development Department. The Community Development Department will incorporate all applicable comments in a report to the Planning and Zoning Commission as applicable.

(5) Preliminary plat approval.

(a) Upon acceptance of a preliminary plat submittal for subdivisions with more than ten lots and/or over ten acres in total area, the Community Development Department shall place the preliminary plat on the Planning and Zoning Commission agenda for review. The preliminary plat shall be considered by the Planning and Zoning Commission within 30 days of receipt of a complete submittal package. Following review, the Commission shall approve, approve with conditions, or disapprove the preliminary plat. The Community Development Department will notify the applicant of the action taken by the Commission.

(b) Upon acceptance of a preliminary plat submittal for subdivisions with ten or fewer lots on property less than ten acres in total area, the Community Development Department shall review the preliminary plat within 30 days of receipt of a complete submittal package. Following review, the Community Development Department will approve, approve with conditions, or disapprove the preliminary plat and notify the applicant of the action taken by staff.

(6) If the preliminary plat is approved, such approval constitutes authorization for the subdivider to proceed with preparation of the final plat and the engineering plans and specifications for improvements. Preliminary approval is based upon the following items:

(a) The improvement plans and final plat will be prepared in substantial conformance with the approved preliminary plat and any conditions included in the approval.

(b) Approval is valid for a period of 12 months from the date of Commission approval. The Commission may grant up to two six month extensions of the approval if requested in writing by the subdivider. The project will be considered abandoned and the preliminary plat approval automatically withdrawn if the improvement plans and final plat are not approved prior to the expiration of the preliminary plat approval, including approved extensions.

(c) Preliminary approval, in itself, does not assure final acceptance of streets for dedication nor continuation of existing zoning requirements for the property or its environs, nor constitute authorization to record the final plat.

(7) Appeals to Council. Any applicant aggrieved by a decision of the Planning and Zoning Commission concerning a preliminary plat may file an appeal with the Town Council. Such appeal shall be filed within 30 calendar days of the date on which the decision was rendered.

(G) Information required for preliminary plat submittal.

(1) Form of presentation. All information required as part of the preliminary plat submittal shall be shown graphically, by a note on plans, or by letter. The submittal may comprise several sheets showing various elements of required data. All mapped data shall be drawn at the same standard engineering scale, said scale having not more than 100 feet to an inch. The scale should be adjusted to produce an overall drawing measuring 24" x 36". However, for developments comprising a larger area, the drawings may measure 30" x 42". The preliminary plat shall be appropriately sealed by the Arizona registered professional that it was prepared by.

(2) Identification and descriptive data.

(a) Proposed name of subdivision and a sub-title stating the location by section, township, and range. The sub-title shall also include any relevant information regarding recorded surveys or plats surrounding or included in this development.

(b) Survey ties, including bearing and distance, to at least two acceptable government corners with full description of the corner, including accessories, approved by the Public Works Department.

(d) Name, address, and phone number of the registered Arizona professional preparing plat.

(e) Scale, north arrow and date of preparation including dates of any subsequent revisions.

(f) A vicinity map which shall show the relationship of the proposed subdivision to main traffic arteries and any other facilities which might help to locate the subdivision.

(g) A sheet index is required for all preliminary plats with three or more sheets.

(h) Notes providing the following information:

1. The total acreage of the development;

2. The total number of lots, tracts and/or parcels within the development;

3. The existing zoning district(s) of the property within the development;

4. The density in dwelling units per acre for the proposed development;

5. The area and proposed use of each tract and parcel;

6. The benchmark used in determining elevations for this project;

7. The surveying basis of bearing;

8. That all new utilities will be installed underground;

9. That all utilities will be provided by the typical local utility companies;

10. Whether the streets within the proposed project will be publicly or privately owned;

11. Whether a home owners association is anticipated for the proposed development;

12. That all required street and traffic control signs will be installed by the subdivider.

(i) Include the following notes in substantially the form provided:

"All improvements shall conform to the Uniform Standard Specifications and Details for Public Works Construction distributed by the Maricopa Association of Governments, 1998, including all current revisions, the Town of Payson Standard Water Details and General Notes, and the Northern Gila County Sanitary District Standard Details for Sewer Construction, unless otherwise noted on the plans and approved by the appropriate reviewing agency."

"All maintenance and repair of storm water and drainage facilities in this development, within or without a drainage easement, is the responsibility of the property owner where the storm water or drainage facility is located. However, the Town of Payson, or other public agency having jurisdiction, possess right of entry and access for clearing, cleaning, maintaining, and/or channelizing if the facility is not properly maintained by the property owner. All funds expended for this repair and/or maintenance by the Town of Payson, or other agency, may be charged to the individual property owner.

(j) If there are any requested variations to the required codes, those items must be listed or shown on the preliminary plat.

(3) Existing conditions data.

(a) Topography by contours, including spot elevations, as needed, based on the NAVD 88 survey datum shown on the same map as the proposed subdivision layout. Contour interval shall be such as to adequately reflect the character and drainage of the land;

(b) Location of water wells, streams, drainage ditches, washes, lakes, or other water features, including direction of flow;

(d) The location of any major geologic, archeological, or historic feature within the boundaries of the proposed development (rock outcroppings, Indian ruins, etc.);

(e) Location, widths, and names of all dedicated street rights-of-way, utility easements, public areas, existing structures to remain, and municipal corporation lines within or adjacent to the proposed development;

(f) Name and Gila County Recorder's Office map number of any recorded adjacent subdivisions having common boundary with the proposed development;

(g) The existing zoning district of the adjacent properties; and

(h) Boundaries of the property to be subdivided shall be fully dimensioned.

(4) Proposed conditions data.

(a) Street layout including location, width, and proposed names of streets. The street layout shall also include connections to adjoining properties as per § 154-07-002(B). A cross-section of each proposed street configuration shall be included on the preliminary plat.

(b) Typical lot dimensions (scaled) for all lots.

(c) Each lot shall be numbered individually and consecutively beginning with lot number one. Each tract or parcel shall also be uniquely identified.

(d) Designation of all land to be dedicated or reserved for public use with use indicated.

(e) If plat includes land for which multi-family, commercial, or industrial use is proposed, such areas shall be clearly designated together with existing zoning districts and status of zoning change, if any.

(f) A copy of any proposed conditions, covenants and restrictions (CC&R's) shall be filed with the preliminary plat.

(5) Proposed utility methods.

(a) Sewage disposal. The subdivider shall coordinate with the Northern Gila County Sanitary District for sanitary sewage service. A statement as to the type of proposed sewage facilities shall appear on the preliminary plat. A layout of the proposed sewer lines and manholes, including any extensions required to serve the property, shall be shown on the preliminary plat.

(b) Water supply. The subdivider shall coordinate with the Payson Water Department for water service. A layout of the proposed water system, including pipes and sizes, valves, fire hydrants, booster pumps, etc., and including any extensions required to serve the property shall be shown on the preliminary plat.

(c) Storm water drainage and disposal. Preliminary drainage calculations and layout of proposed system, including roadway crossings and conveyance sizes, drainage channels, detention basins, etc. All drainage facilities must have the appropriate easement in accordance with § 154-07-002(F)(2).

(6) Hillside analysis map. The following information shall be submitted for staff review to determine if the hillside requirements apply.

(a) A topographic map of the proposed project utilizing a scale no smaller than one inch equals 100 feet, containing the following information:

1. Contour lines at two foot intervals for slopes of 20% or less;

2. Contour lines at five foot intervals for slopes over 20%;

3. Elevations of critical locations, rock outcrops and other special geological formations;

4. A depiction of all areas where the slope is equal to or greater than 15% vs. those areas where the slope is less the 15%;

5. The location of all proposed streets, lots and tracts; and

6. The drawing shall be sealed by a civil engineer or land surveyor registered in the State of Arizona.

(d) Lots, parcels, or tracts where the slope is 15% or greater on at least 50% of the lot, parcel, or tract shall be identified and the following shall be noted on the preliminary plat and final plat: "The following [lot(s), parcel(s) and tract(s)] are subject to hillside development regulations and must have an approved Engineered Hillside Grading and Drainage plan in accordance with § 154-02-007(H) prior to the issuance of any building permits". (List identified lots, parcels or tracts)

(H) Final plat submittal. This step includes the final design of the subdivision, engineering of improvements and submittal of the improvement plans and final plat by the subdivider for review and approval.

(1) Zoning. The subdivision shall substantially conform to the approved preliminary plat.

(2) Easements. The subdivider shall provide on the final plat easements for utilities, drainage, slopes, etc. in the appropriate location and size as required for their designated purposes.

(3) Final plat preparation. The final plat shall be prepared in accordance with requirements set forth in division (G) of this section and shall substantially conform to the approved preliminary plat.

(4) Final plat submittal.

(a) The subdivider shall file with the Public Works Department 16 folded copies of the final plat, the appropriate filing and recording fees, together with a computer closure of the overall project boundary and each individual lot, parcel or tract for review. An updated title report no more than 15 days old shall also be include with the final plat submittal.

(b) Prior to staff and Council approval of the final plat, the subdivider shall coordinate with the Town of Payson Legal Department concerning the "Agreement to Construct Subdivision Improvements" in accordance with § 154-07-002(J).

(5) Final plat review.

(a) Upon receipt of the final plat submittal for review, the Public Works Department shall immediately record receipt and date of filing and check the submittal for completeness. If complete, the Department shall review the plat for substantial conformity to the approved preliminary plat and refer copies of the submittal to the following departments, utilities, and agencies for review and comment. All comments must be returned to the Public Works Department within ten working days.

1. Town Manager;

2. Legal Department;

3. Public Works Department;

4. Community Development Department;

5. Water Department;

6. Police Department;

7. Fire Department;

8. Parks, Recreation and Tourism Department;

9. Arizona Public Service;

10. Entity providing cable television service;

11. Northern Gila County Sanitary District;

12. Entity providing landline telephone service;

13. Arizona Department of Transportation (if project abuts a state highway);

14. Payson Ranger District of the Tonto National Forest (if project abuts National Forest);

15. Arizona Blue Stake;

16. Other governmental jurisdictions that abut the project.

(b) The Public Works Department shall compile all written comments received from the various reviewing departments and agencies and forward the comments to the submitter or subdivider, as appropriate, for corrections. When all comments have been adequately addressed, all information required by division (G) of this section is included on the final plat, and the project improvement plans have been approved, the Public Works Manager shall notify the subdivider to submit one fully executed Mylar original, two fully executed copies, one 8½ x 11 reduced copy of the final plat to the Public Works Department. This submittal shall be at least ten calendar days prior to the Council meeting at which consideration is desired. The Public Works Manager shall affix his/her signature to the first page of the final plat indicating approval, that the final plat substantially conforms to the preliminary plat, and that the improvement plans are in accordance with the subdivision requirements. He/she shall then forward the final plat to the Town Clerk to be placed on the agenda for the next regular Town Council meeting. The final plat shall be reviewed by the Town Council in conjunction with the projects' "Agreement to Construct Subdivision Improvements".

(6) Final plat approval.

(a) The Town Council shall approve the final plat if such plat complies will all of the requirements of this section.

(b) If the Council denies the plat for any reason whatsoever, the reasons therefor shall be recorded in the minutes.

(c) If the Town Council approves the final plat, the Mayor and Town Clerk shall so indicate by affixing their signatures and the Town Seal to the first page of the final plat.

(d) When the final plat has been signed and the subdivider and town have executed the "Agreement to Construct Subdivision Improvements", the Town Clerk shall forward the approved final plat to the Gila County Recorder's Office for recording. When the Recorder's Map Number for the final plat is available the Town Clerk shall enter that recording information on the appropriate exhibit of the "Agreement to Construct Subdivision Improvements" and forward the agreement to the Gila County Recorder's Office for recording.

(e) Final plat approval by the Town Council is valid for a period of six months. If the final plat is not recorded within the six month approval period due to a request of the developer, the final plat approval shall be automatically rescinded and the subdivision considered abandoned.

(f) If the final plat has not been submitted to the Gila County Recorder's Office for recording within 30 days of Council approval due to a request of the subdivider, an updated title report no more than 15 days old shall be submitted and accepted prior to the town forwarding the final plat to the Gila County Recorder's Office for recording.

(G) Information required for final plat submittal.

(1) Method and medium of presentation.

(a) The record plat shall be drawn on Mylar. Typically, the sheet size of the Mylar shall be 24" x 36". In certain unusual instances, as where the area to be subdivided is of unusual size or shape, the Public Works Department may permit a variation in the sheet size. If more than two sheets are required for the drafting of the final plat, an index sheet of the same dimensions shall be filed, showing the entire subdivision on one sheet and the portion thereof contained on each of the other sheets.

(b) Copies of the record plat shall be reproduced in the form of blueline or blackline prints on a white background.

(c) The final plat shall be drawn on an accurate scale of not more than 100 feet to the inch, from a field survey. Where unusual platting conditions exist, the Public Works Department may approve a modified scale.

(2) The first sheet of the final plat shall provide at least the following information:

(a) A title which includes the name of the subdivision and phasing, if applicable.

(b) A subtitle describing the subdivision's location by quarter section, township, range, county, and state and referencing any previous maps recorded on this property.

(d) Name, address, phone number, and registration number of seal of the registered land surveyor preparing the plat, including the firm name, address and phone number.

(e) A location map depicting the general location of the subdivision within the town.

(f) A dedication statement containing the following elements:

1. Owners name and type of ownership;

2. Subdivision name and sub-title;

3. Statement that this document sets forth the location and name of all lots, streets, tracts, parcels, easements, etc.;

4. A statement dedicating all public properties to the Town of Payson (public tracts, public streets, etc.);

5. A statement of ownership for all parcels other than the lots;

6. A statement granting the easements for the uses shown on the plat;

7. A signature by all involved in the ownership, including the mortgage company, if there is a mortgage on the property.

(g) A notary public acknowledgment of all signatures on the plat.

(h) A certification by an Arizona registered land surveyor concerning the survey, that the plat is correct and accurate, and that all monuments described have either been found or set, and the registrant's seal.

(i) A note limiting construction within public utility easements to utilities and wood, wire, or removable section-type fencing.

(j) A note stating the filing of CC& R's if there are any.

(k) A note stating who is responsible for maintenance of any drainage easements or facilities.

(l) A basis of bearing for the survey work.

(m) An approval by the Public Works Department.

(n) An approval by the Town Council and Town Clerk, including the town seal.

(o) Other general notes or information that may be required by the town or is deemed appropriate.

(3) The following minimum information shall be provided on the final plat for the subdivided property:

(a) Boundaries of the tract to be subdivided fully balanced and closed, showing all bearings and distances determined by an accurate field survey. All dimensions shall be expressed in feet and decimals thereof.

(b) Any excepted parcels within the plat boundaries shall show all bearings and distances determined by an accurate field survey. All dimensions shall be expressed in feet and decimals thereof.

(c) Location and description of cardinal points to which all dimensions, angles, bearings, and similar data on the plat shall be referenced. Each of two corners of the subdivision boundary shall be tied by bearing and distance to separate acceptable government survey corners with full description of the monument approved by the Public Works Department.

(d) Location of all physical encroachments upon the boundaries of the property being subdivided.

(4) Descriptive data required.

(a) Street names, fully dimensioned center line and right-of-way lines, width of all public streets, alleys, easements, etc. All linear property or easement lines shall be dimensioned with bearing and distance. All curvilinear property or easement lines shall show point of curvature and point of tangency and be dimensioned with radius, delta, chord bearing and length. Non-tangent points of intersection shall also include a radial bearing. The dimensioning may be shown adjacent to the line or in a line or curve table.

(b) All drainage ways shall be shown on the plat. The rights-of-way of all major drainage ways, as designated by the Town Engineer, shall be dedicated to the public.

(d) Location and dimensions of all residential lots. Dimensioning shall conform to the requirements described in division (4)(a) above.

(e) All residential lots shall be numbered by consecutive numbers throughout the plat beginning with lot number one. Each tract or parcel shall be uniquely identified. The intended use of each tract or parcel shall also be shown. Any exception shall also be identified. All property boundaries shall be clearly dimensioned.

(f) Location of all adjoining subdivisions with date and Gila County map number of recordation noted, or if unrecorded or unsubdivided, so marked.

(g) Any deed restrictions or restrictive covenants to be imposed upon the plat or any part thereof pertaining to the intended use of the land shall be submitted within five days after final plat filing. Deed restrictions shall in no way be less restrictive than zoning regulations imposed by the town.

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

§ 154-09-011 MINOR LAND DIVISIONS.

(A) Procedures. The preparation, submittal, review, and approval of all minor land divisions located within the corporate limits of the Town of Payson shall be processed through the following stages, except as otherwise provided herein:

(1) Pre-application conference with the Community Development Department.

(2) Submittal, review, and approval of the minor land division application and map by the applicant to the Community Development Director.

(3) Recordation of the approved minor land division map.

(B) Pre-application conference.

(1) An applicant shall present his proposal to the Community Development Director and the Director will advise the applicant of specific objectives of this chapter to include procedures, standards, and approval process.

(2) The applicant shall submit a conceptual drawing of the proposed minor land division to the Community Development Director for the purpose of ascertaining the appropriateness of the procedures outlined in this chapter. Additional information may be required such as a copy of the Gila County Assessors Map.

(1) Application submittal. The applicant shall submit the following to the Community Development Department;

(a) Three copies (blue or black line prints) plus three reproducible Mylars of the minor land division.

(b) A completed minor land division application form.

(2) All submittals shall be checked by the Community Development Department to ensure completeness. All incomplete submittals shall be returned to the applicant with a list of requested submittals to complete the application.

(3) Application requirements.

(a) All minor land divisions shall be developed to comply with all requirements for the specific zoning district in which located.

(b) No lot or parcel shall be divided in such a way that any division of such lot or parcel shall contain more dwelling units than are permitted by the zoning provisions of this Code for which district such lot is located.

(c) All mapped data shall be drawn to a scale of not greater than 100 feet per inch. This map data will be drawn on a sheet 18" x 24".

(d) All maps will show the following data:

1. The title of the map shall read "Minor Land Division Map for (applicant)".

2. Location by section, township and range.

3. Legal description of land involved.

4. Name, address, and phone number of applicant.

5. Scale, north point, and dates of preparation and revisions.

6. Existing street dedications, utility easements, and lot lines.

7. Name, address, registration number, and seal of the registered land surveyor preparing the map.

8. Boundaries of the tract to be divided fully balanced and closed showing all bearings and distances determined by an accurate survey in the field. All dimensions shall be shown in feet and decimals thereof.

9. Location and dimensions of all lots within the minor land division map. All sides of the proposed lots shall be identified by bearings and distances.

10. All lots shall be identified by number or letter.

11. Proposed street dedications and public utility easements shall be identified by course, length, and width.

12. If questions pertaining to property boundary develop, the Public Works Department may require all existing physical and natural features, including but not limited to, buildings, structures, bridges, culverts, within the minor land division boundaries. Identify those which are to be removed.

13. The map shall include provisions for signatures by the Zoning Administrator and the Public Works Department or his designee.

14. Identify any public utility extensions or upgrades, when required, to serve the proposed land division.

15. Any ingress or street improvements necessary to ensure compliance with emergency vehicle access, dust abatement, and drainage improvements necessary to mitigate any negative effects on current or future public infrastructure adjacent to and/or fronting the proposed land division.

16. Pay a fee for the revision of the official town map to reflect the land division.

(4) Application approval.

(a) For those submittals meeting the applicability as described in § 154-06-002(A) "Land Splits" (less than two and one-half acres in area) the following process shall be applied;

1. The Zoning Administrator shall check all submittals to ensure that the objectives of the zoning provisions of this Code and Master Plan are complied with. It shall be the responsibility of the Public Works Department or his designee to ensure that all relevant departments, utilities, and other agencies receive copies for review.

2. The Public Works Department or his designee shall review all submittals to ensure compliance with other applicable town codes.

3. The Public Works Department or his designee or Zoning Administrator may require additional information, needed to determine the compliance of the minor land division with applicable regulations.

4. Upon approval by the Zoning Administrator and the Public Works Department or his designee, they shall affix their signatures to the area provided, and collect the fee necessary for recording the minor land division with the Gila County Recorder.

(b) For those submittals meeting the applicability as described in § 154-06-002(B) and (C) the following process shall be applied:

1. The applicant shall submit all the documents, information, data, and other required information for the minor land division application to the Community Development Department.

2. The Zoning Administrator shall distribute copies of the application and other information to other departments and utilities as needed.

3. The Zoning Administrator shall place the minor land division on the next meeting of the Commission. The Commission shall approve or disapprove the minor land division pursuant to this chapter.

4. If the Commission approves the minor land division application, the Public Works Department shall transcribe a certificate of board approval upon the map, first making sure that: a) all conditions of approval have been complied with; b) the other required certifications have been duly signed; and c) that any instruments for required street dedications have been prepared, executed, and duly recorded.

5. After all of the above requirements have been met, the applicant shall pay to the town the fee charged by the Gila County Recorder for the recordation of the map. The Chairman of the Commission or his designee shall provide written notice of approval to the Town Clerk for recording the map.

6. If the Commission disapproves the application, the minutes shall reflect the reasons for the disapproval. The application may be re-filed if the reasons stated can be satisfactorily addressed. The applicant shall receive written notice for reason of denial within 30 days of the hearing.

7. Appeals to the decision of the Commission can be filed with the Council.

(Ord. 466, passed 2-22-96)

§ 154-09-012 PRE-APPLICATION.

Prior to application for any variance, appeal, amendment, conditional use permit, general plan amendment, or any other review or permit process, a pre-application review with the Community Development Department will be required. The purpose of the pre-application review is:

(A) To familiarize the Community Development Department with the request;

(B) To determine application requirements and familiarize the applicant with the review process and procedures;

(D) To permit a cursory technical review at a conceptual stage to identify conflicts in objectives and to identify potential solutions for those conflicts; and

(E) To identify the requirements for citizen participation and familiarize the applicant with related issues.

(Ord. 466, passed 2-22-96)

§ 154-09-013 CITIZEN PARTICIPATION PLAN.

(A) Sections 154-09-013 and 154-09-014 shall be applicable to the following:

(1) Application to amend the Zoning Map for the Town of Payson.

(2) Application to subdivide land within the Town of Payson. Note: Applications for the subdivision process which have received an approved rezoning of the property within the past 12 months, and prepared a citizen participation plan, and citizen participation report, and the proposed subdivision is in substantial compliance with the site plan submitted for the rezoning process shall not be required to follow the provisions of this section and § 154-09-014.

(3) Application for a conditional use permit. Note: Applications for a conditional use permit for single family residential development shall be exempt from this section and § 154-09-014.

(4) Application for a variance from zoning regulations. Note: Applications for a variance on a single family residential property shall be exempt from this section and § 154-09-014.

(B) The purpose of the citizen participation plan is to:

(1) Ensure that applicants pursue early and effective citizen participation in conjunction with their applications, giving them the opportunity to understand and try to mitigate any real or perceived impacts their application may have on the community;

(2) Ensure that the citizens and property owners of Payson have an adequate opportunity to learn about applications that may affect them and to work with applicants to resolve concerns at an early stage of the process; and

(3) Facilitate ongoing communications between the applicant, interested citizens and property owners, city staff and elected officials throughout the application review process.

(C) The citizen participation plan is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors and to allow for informed decision making.

(D) At a minimum the citizen participation plan shall include the following information which shall be forwarded to the Community Development Department by the applicant:

(1) Which residents, property owners, interested parties, political jurisdictions and public agencies may be affected by the application;

(2) How those interested in and potentially affected by an application will be notified that an application has been made;

(3) How those interested and potentially affected parties will be informed of the substance of the change, amendment, or development proposed by the application;

(4) How those affected or otherwise interested will be provided an opportunity to discuss the applicant's proposal with the applicant and express any concerns, issues, or problems they may have with the proposal in advance of the public hearing;

(5) The applicant's schedule for completion of the citizen participation plan;

(6) How the applicant will keep the Community Development Department informed on the status of their citizen participation efforts.

(E) The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the site. The target area for early notification is determined by the applicant after consultation with the Community Development Department. At a minimum, the target area shall include the following:

(1) Property owners within the public hearing notice area required by other sections of this chapter pertaining to public hearings;

(2) The head of any home owners association or registered neighborhood within the public notice area required by other sections of this Code;

(3) Other interested parties who have requested that they be placed on the interested parties notification list maintained by the Community Development Department.

(F) These requirements apply in addition to any notice provisions required elsewhere in the Unified Development Code.

(G) The applicant may submit a citizen participation plan and begin implementation prior to formal application at their discretion. This shall not occur until after the required pre-application meeting and consultation with the Community Development staff.

(Ord. 466, passed 2-22-96)

§ 154-09-014 CITIZEN PARTICIPATION REPORT.

(A) The section applies only when a citizen participation plan is required by this Code.

(B) The applicant shall provide a written report on the results of their citizen participation efforts prior to the notice of public hearing. This report will be attached to the staff report by the Community Development Department.

(1) Details of techniques the applicant used to involve the public, including:

(a) Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal;

(b) Content, dates mailed, and numbers of mailings, including letters, meeting notices, newsletters and other publications;

(c) Where residents, property owners, and interested parties receiving notices, newsletters, or other written materials are located; and

(d) The number of people that participated in the process.

(2) A summary of concerns, issues and problems expressed during the process, including:

(a) The substance of the concerns, issues, and problems;

(b) How the applicant has addressed or intends to address concerns, issues, and problems expressed during the process; and

(Ord. 466, passed 2-22-96)

§ 154-09-015 GENERAL PLAN AMENDMENT.

The Town Council may periodically amend, supplement or change provisions to the Town of Payson General Plan. Any such proposed changes may be initiated by staff, Council, Commission, or by petition and application of property owners.

(A) Application for amendments.

(1) An application for an amendment to the General Plan shall be filed with the Community Development Department on forms provided.

(2) A complete application for amendment shall require a detailed description of the request and the specific grounds or reasons for the proposed amendment.

(3) The application shall be accompanied by payment of the appropriate fee on the schedule of such charges as adopted by the Town Council. None of such fees shall be refundable. Staff, Council or Commission initiatives to amend the General Plan shall not be required to pay the application fee.

(4) Applications for major amendments shall only be considered by the Town Council once a year.

(5) A complete application shall include a map showing the area to be amended in the land use element and the surrounding land use designations.

(B) Requirements for application to amend the General Plan. In the event that an application to amend the General Plan, Land Use Element includes properties other than that owned by the applicant, before the application will be accepted for processing, the applicant shall file a petition in favor of the request signed by the real property owners, or their agent or attorneys which show a representation of at least 75% of the total number of property owners affected. Such petition shall bear the property owners' signatures, addresses, and legal description of their property.

(1) Amendments to the General Plan shall require a broad dissemination of proposals, opportunity to review and consider comments, and notice to various public offices.

(a) Prior to initiating the process to provide an amendment to the General Plan staff shall provide notice and seek input from the Town Council.

1. Notice of Town Council discussion shall be published in the local newspaper with a brief description of the proposed amendment at least ten days prior to the scheduled meeting to discuss.

2. Public service announcement shall be distributed to the local radio station at least ten days prior to the Council discussion.

(b) Copies of the application and staff report shall be transmitted to the all government offices within the Payson area as well as the Central Arizona Association of Governments and the Arizona Department of Commerce.

(c) Transmittals to the above recipients in divisions (a) and (b) above shall include instructions to allow written comments to be transmitted to the Commission and Council prior to the public hearing or attendance at the hearing to provide comments.

(d) The Commission and the Town Council shall provide opportunity for those wanting to provide written or verbal comments to be heard and considered.

(e) Notice of public hearings shall be in accordance with A.R.S. § 9-461.06.D.

(f) Public hearings for major amendments shall only be considered once a year during the calendar year in which the application was submitted.

(D) Staff review.

(1) A complete application to amend the General Plan, Land Use Element, shall be submitted to the Community Development Director, and shall be reviewed and a report prepared to the Planning and Zoning Commission.

(2) The Community Development Director shall consult with, advise, and provide an opportunity for official comment by public officials and agencies to include, the county, school districts, regional planning agency, public land management agencies, other appropriate governmental jurisdictions, public utility companies, civic, educational, professional and other organizations, property owners and citizens generally to secure maximum coordination of plans and to indicate properly located sites for all public purposes on the general plan.

(E) Commission review and action.

(1) The Planning and Zoning Commission shall hold at least one public hearing before approving a General Plan or any amendment to the General Plan. Notice of the time and place of a hearing and availability of studies and summaries related thereto shall be given at least 15 and not more than 30 calendar days before the hearing by publication at least once in a newspaper of general circulation published or circulated in the municipality.

(2) At least 60 days before the General Plan or a portion, element or major amendment of a General Plan is adopted, the Community Development Department shall transmit the proposal to the legislative body, and submit a copy for review and further comment to:

(a) The planning agency of the county in which the town is located.

(b) Each county or municipality that is contiguous to the corporate boundaries of the town.

(d) The Arizona Department of Commerce or any other state agency that is subsequently designated as the general planning agency for the state.

(e) Any person or entity that requests in writing to receive a review copy of the proposal.

(3) Action by the Planning and Zoning Commission on the general plan or any amendment to the plan shall be transmitted to the Town Council.

(F) Council review and action.

(1) At the completion of the 60 day review process the Town Council shall schedule at least one public hearing before adopting or readopting the General Plan or any amendment to the General Plan.

(2) Notice of the time and place of the public hearing and availability of studies and summaries related thereto shall be given at least 15 and not more than 30 calendar days before the hearing by publication at least once in a newspaper of general circulation published or circulated in the municipality.

(3) The adoption or re-adoption of the General Plan or any amendment to such Plan shall be by resolution of the Town Council

(4) The adoption or re-adoption of or a major amendment to the General Plan shall be approved by affirmative vote of at least two-thirds of the members of the Town Council.

(5) A copy of the adopted General Plan of the town shall be sent to the planning agency of the county.

(G) Voter ratification requirements.

(1) Each new General Plan adopted by the Town Council shall be submitted to the voters for ratification at an election held pursuant to A.R.S. § 16-204.

(2) The Town Council shall include a general description of the plan and its elements in the municipal election pamphlet and shall provide public copies of the plan in at least two locations that are easily accessible to the public.

(3) If a majority of the qualified electors voting on the proposition approves the new plan, it shall become effective as provided by law.

(4) If a majority of the qualified electors voting on the proposition fails to approve the new plan, the current plan remains in effect until a new plan is approved by the voters. Note: The Town Council may resubmit the proposed new plan, or revise the new plan for subsequent submission to the voters.

(Ord. 466, passed 2-22-96)

§ 154-09-017 ALTERNATE STANDARDS.

(A) Building height.

(1) The conditional use permit process shall apply to requests for allowances under this section, except as provided in divisions (2) through (5) below.

(2) Additional application requirements. Additional submittal information may be imposed upon applications for consideration under this section. Submittal of scaled models, 3-D electronic models, and additional information showing relationship to surroundings may be required for application at the determination of the Community Development Director.

(3) Additional noticing requirements. Newspaper notices for all hearings under these provisions shall be a display ad and shall cover not less than one-eighth of a page.

(4) In addition to § 154-09-004(C) - Standards of Review, applicants requesting approval of projects under this section shall address the following:

(a) Visual impact of additional building height upon ridge lines/sky lines, view sheds, as well as light and shadow impacts;

(b) Height/elevation of the building(s) relative to the center line of adjacent roadways, properties and other structures;

(d) Scale of adjacent development;

(e) Elimination of legal non-conforming uses, slum, or blight;

(f) Privacy of adjacent property owners;

(g) Distance of the proposed building from the edge of the property;

(h) Community benefits derived from the additional height;

(i) Location and size of parcel.

(5) The Commission, in considering applications for development under this section, may weigh the above factors and may allow, conditionally allow, or deny any application based upon these factors.

(B) Reserved.