The purpose of this chapter is to provide for the administration and for the enforcement of this title. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure, or land is used in violation of the provisions of this title, the city may institute appropriate action to:

A.

Prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;

B.

Restrain, correct or abate the violation;

C.

Prevent the occupancy of such building, structure or land;

D.

Prevent any illegal act, conduct, business, or use in or about such premises.

(Code 1999, § 17.84.010; Ord. No. 96-347, § 1(11-22-1); Ord. No. 13-004, 4-8-2013)

A.

For the purpose of the administration and enforcement of this section within the corporate limits of the city, the position of zoning administrator is established.

1.

The director is designated zoning administrator.

2.

The director may also designate deputy zoning administrators as deemed necessary for the proper administration and enforcement of this section.

B.

The zoning administrator shall also:

1.

Serve as staff executive to the commission;

2.

Review recommendations, recordable documents, platting and rezoning;

3.

Represent the commission in conference with property owners, builders and developers in regard to development or utilization of specific properties;

4.

Prepare studies, proposals and reports on zoning matters and provide such information to the council;

5.

Supervise and evaluate work of department staff;

6.

Adopt rules and procedures consistent with this title for its implementation.

(Code 1999, § 17.84.020; Ord. No. 96-347, § 1(11-22-2); Ord. No. 00-002, § 1(part); Ord. No. 13-004, 4-8-2013)

A.

For the purpose of the administration of such building codes as the city may adopt, and to assist in the enforcement of the planning and zoning ordinance, the position of building inspector is created. The building inspector shall:

1.

Issue permits for the construction, reconstruction or alteration of any building or structure which conforms to the provisions of this title;

2.

Examine the premises for which building permits have been requested;

3.

Conduct necessary inspections to secure compliance with the provisions of this title;

4.

Make investigations in connection with any matter referred to in this title and render written reports when requested by the council, or when the interests of the city so require;

5.

Issue such notices or orders as may be necessary for the purpose of enforcing compliance with the provisions of this title.

B.

The building inspector shall keep careful and comprehensive records of applications for building permits, of inspections made, of reports rendered, and of notices or orders issued. He or she shall retain on file copies of all papers in connection with building permits for such times as may be required by law.

C.

Permits for uses, buildings, or purposes where the same would be in conflict with the regulations of this title shall not be issued, and any such permit, if issued in conflict with the regulations of this title, shall be null and void.

(Code 1999, § 17.84.030; Ord. No. 96-347, § 1(11-22-3); Ord. No. 00-002, § 1(part); Ord. No. 13-004, 4-8-2013)

Any person, firm or corporation desiring to construct, remodel or move a building or structure, or construct certain signage within the city shall make application therefor to the building inspector before commencing construction thereon.

(Code 1999, § 17.84.040; Ord. No. 96-347, § 1(11-22-4); Ord. No. 13-004, 4-8-2013)

All applications for building permits shall be accompanied by plans which have been drawn to scale showing the actual dimensions of the lot to be built upon, the size and location of existing buildings, buildings to be erected, and the location and layout of proposed off-street parking areas. Plans for all new construction shall also include a landscape plan showing how the premises will be landscaped in accordance with chapter 17.78. A careful record of such applications and plans shall be kept in the office of the zoning administrator for a period of two years from the date of receipt thereof. Plans of large scale developments shall be kept for the life of the project.

(Code 1999, § 17.84.050; Ord. No. 96-347, § 1(11-22-5); Ord. No. 16-001, 2-25-2016)

From the time of the effective date of the ordinance codified in this title, permits shall not be granted for the construction or alteration of any building or structure or for the moving of a building or structure onto a lot or for the change in use of any land, building or structure, if such construction, alteration, moving, or change in use would be a violation of any of the provisions of this title, nor shall any sewer or water service line, electric or gas utility be in violation of this title.

(Code 1999, § 17.84.060; Ord. No. 96-347, § 1(11-22-6))

No license shall be issued by any official or employee vested with the duty and authority to issue licenses which would not be in conformance with the provisions of this title. Any license so issued shall be null and void.

(Code 1999, § 17.84.070; Ord. No. 96-347, § 1(11-22-7))

A.

No building or structure shall be constructed, reconstructed, altered or moved, nor shall the use of any land be changed, except after the issuance of a permit for the same by the building inspector or zoning administrator.

B.

Construction shall be started within 120 days from the date of issue of the permit, and shall be pursued diligently until completion unless delayed by unavoidable causes.

(Code 1999, § 17.84.080; Ord. No. 96-347, § 1(11-22-8))

Building permits or certificates of zoning compliance issued on the basis of plans and specifications approved by the zoning administrator authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed to be a violation of this title.

(Code 1999, § 17.84.090; Ord. No. 96-347, § 1(11-22-9))

A.

It is unlawful to use or occupy or permit the use or occupancy of any building or premises until a certificate of zoning compliance shall have been issued therefor by the zoning administrator, stating that the proposed use of the building or land conforms to the requirements of this title. No conforming structure or use shall be changed or extended until a certificate of zoning compliance shall have been issued by the zoning administrator. The certificate of zoning compliance shall state specifically wherein the nonconforming use differs with the provisions of this title.

B.

The zoning administrator may permit the occupancy of a building prior to the completion of all required work, provided a bond or other assurance has been posted with the city clerk in an amount equal to the cost of completing said required work as determined by the zoning administrator. The zoning administrator shall maintain a record of all certificates of zoning compliance for a period of two years, and a copy shall be furnished upon request to any applicant.

C.

Failure to obtain a certificate of zoning compliance shall be a violation of this title.

(Code 1999, § 17.84.100; Ord. No. 96-347, § 1(11-22-10))

A.

Creation, composition, terms of members, vacancies, compensation of members.

1.

There is created a city planning and zoning commission to be known as the commission.

2.

The commission shall be composed of a total of seven members who shall be residents and taxpayers of the city.

3.

Vacancies on the commission shall be filled by vote of the council at a council meeting. Any council member may nominate an applicant from the pool of applicants supplied by the community development director. More than one applicant may be nominated to fill a commission position. The nominee selected to fill a commission position must be approved by the council.

4.

Commission members are appointed for a four-year term effective at the expiration of each appointment. In the event of death, termination or resignation of a member, the vacancy will be filled for the unexpired term.

5.

The term of all members shall extend until their successors are qualified, however, three successive unexcused or unexplained absences from any regular or special meeting shall be grounds for termination at the will and pleasure of the council and such action shall be final.

6.

All members shall serve without pay. However, members of the commission may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the commission and approval of such expenditures by the council.

B.

Powers and duties.

1.

It shall be the duty of the commission to hold public hearings where necessary and make recommendations to the council on all matters concerning or relating to the creation of zoning districts, the boundaries, zoning changes, and use permits, the appropriate regulations to be enforced, the amendments of this title, and any other matter within the scope of the zoning power and as authorized by state law.

2.

The council may, at its discretion, authorize the commission to approve amendments to a previously approved plan of development for a large scale development. The commission is also authorized to confer and advise with other city, county, regional or state planning commissions.

C.

Selection of officers; meetings and rules.

1.

The commission shall elect a chairperson and vice-chairperson from among its own members, who shall serve for one year until their successors are elected and qualified.

a.

The chairperson shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization.

b.

The chairperson shall have the power to administer oaths and to take evidence.

c.

The vice-chairperson shall perform the duties of the chairperson in the latter's absence or disability.

2.

The commission shall provide rules for its meetings; provided, however, that special meetings may be called by the chairperson or, in his or her absence, by the vice-chairperson. In addition, any three members of the commission may make written request to the chairperson for a special meeting in such a manner and form as may be provided in the commission rules.

3.

Four members shall constitute a quorum.

a.

The affirmative vote of a majority of the commission shall be required for the passage of any matter before the commission.

b.

The minutes of the meeting shall reflect the "ayes" and "noes" cast on a particular measure and shall reflect the vote of each member present.

c.

A member may abstain from voting only upon a declaration that he or she has a conflict of interest.

(Code 1999, § 17.84.110; Ord. No. 13-004, 4-8-2013; Ord. No. O22-002, (Exh. A), 9-26-2022)

State Law reference— Planning commission generally, A.R.S. § 9-461.02.