Willcox City Zoning Code
CHAPTER 17
89 SMALL SCALE DEVELOPMENT
17.89.010 Intent.
This chapter sets forth the application and review procedures required for small-scale development of land in the city, which chapter 17.88, large scale development does not regulate. The procedures are intended to facilitate the ongoing redevelopment of the city by implementing the goals, objectives, and policies of the general plan.
(Ord. No. NS348, § 7(Exh. A), 2022)
17.89.020 Applicability.
No site development allowed by this chapter, unless exempted under [section] 17.89.030, exemptions, shall be cleared, graded, and no structure shall be erected, constructed, remodeled, moved, or reconstructed until a site plan has been reviewed and approved in accordance with the requirements of this chapter. Although this primarily refers to exterior work, some interior alterations that result in the intensification of the use of the site, as determined by the zoning administrator, may require site plan review and approval. Nothing herein shall relieve any applicant of the additional responsibility of seeking any other permit or development order required by any applicable statute, ordinance, or regulation.
(Ord. No. NS348, § 7(Exh. A), 2022)
17.89.030 Exemptions.
The following are exempted from the requirements of this section:
A. Single-family residences.
B. Temporary sales and construction offices.
C. Public utility electrical transmission structures (not including substations).
D. Buildings used in the production or raising of agricultural products are exempted (including temporary agricultural product sale stands): except that permanent buildings, structures, and parcels used solely for the sale of agricultural products.
E. Any one-time enlargement of useable floor area that is less than 25 percent of the existing structure's floor area or does not exceed 2,500 square feet, whichever is less.
F. Any one-time construction of new impervious surface, which is defined as a surface covering or pavement of a developed parcel of land that prevents the land's natural ability to absorb and infiltrate rainfall, does not exceed ten percent of the existing impervious surface or 5,000 square feet, whichever is less.
(Ord. No. NS348, § 7(Exh. A), 2022)
17.89.040 Process.
A. Staff Review.
1. A pre-application meeting is required prior to submittal of complete project plans with the zoning administrator and/or other designated official for consideration of development standards and other regulations.
2. Submittal documents listed in [section] 17.89.050, required submittals, must be complete and filed with the appropriate fees for review.
3. The zoning administrator and/or other designated officials shall review the application and project documents; upon findings that the submittals comply with these and other regulations of the city, the project plans will be approved by the zoning administrator.
4. If minor modifications from the requirements of these regulations are requested due to physical site constraints, the zoning administrator shall have the authority to approve the minor modifications when deemed necessary for the orderly development of the project; examples of physical site constraints are: difficult topography, soil conditions, drainage, and other existing physical features. After conferring with appropriate city departments and/or external agencies when necessary, the zoning administrator shall prepare a written decision of the approval or denial stating the reasons justifying the action taken on a modification as requested.
B. An appeal of the zoning administrator's decision on a requested modification shall be filed within 30 days as specified in [section] 17.92.170, application to appear before the board of adjustment.
(Ord. No. NS348, § 7(Exh. A), 2022)
17.89.050 Required submittals.
The site plan submittals shall consist of the following information, as applicable:
A. The small scale development application form.
B. A site plan drawing, drawn to scale or fully dimensioned, providing the following information:
1. All property lines.
2. Building setbacks as required by zoning districts.
3. Current zoning of the site and all adjacent zoning.
4. Dimensions of all buildings.
5. Required parking.
6. Required buffering and landscaping.
7. Utility tie-ins including existing utilities adjacent to the site.
8. Americans with Disabilities Act accessibility as required by ADAAG.
9. Locations of all existing and proposed ingress/egress points with site triangles.
10. Locations, dimensions, and descriptions of all existing or proposed easements.
11. Drainage patterns on the site indicated with flow arrows.
12. Location of all adjacent rights-of-way and existing public improvements, including sidewalks.
13. Public improvements, if any proposed.
14. Any other information the city may deem necessary.
C. Clearly readable catalog cutsheets and a luminaire schedule for any new proposed exterior lighting.
D. Proof of ownership and/or proof of agency as required by this chapter.
E. Any other information the city may deem necessary.
(Ord. No. NS348, § 7(Exh. A), 2022)
17.89.060 Public improvement standards and responsibility for improvement.
Where the city requires public improvements, the applicant/developer is responsible for financing, planning, designing, and constructing all public improvements to city standards in the public right-of-way. Public improvements shall be defined as but not limited to streets and alleys, curbs and gutters, sidewalks, multi-use paths, striping, street signs, drainage facilities, sewage disposal facilities, streetlights, fire hydrants, water facilities, landscaping, and all other public improvements required by the city, this title, or the Arizona Revised Statutes. Certain public improvements can be offset with the payment of development fees.
(Ord. No. NS348, § 7(Exh. A), 2022)
17.89.070 Guarantees and safeguards.
A. In order to ensure that large scale developments will be constructed and maintained in an acceptable manner, developers shall post a bond, or mortgage or other valuable assets with the city, acceptable to the city manager, in an amount equal to the estimated cost of constructing and installing all public improvements required by section 17.89.060.
B. In the event the developer defaults or falls or neglects to satisfactorily install the required improvements within two years from the date of approval of the plat by the city council or to pay all liens in connection therewith, the city council may declare the bond or other assurance forfeited and the city may install or cause the required improvements to be installed using the proceeds from the collection of bond or other assurance to defray the expense thereof.
C. The developer shall be responsible for the quality of all materials and workmanship. At the completion of the work, or not less than ten days prior to the release date of the bond or other assurance, the city engineer shall make a preliminary inspection of the improvements and shall submit a report to the city manager setting forth the conditions of such facilities. If conditions thereof are found to be satisfactory, the city manager shall release the bond or other assurance. If the conditions of material or workmanship show unusual depreciation or do not comply with the acceptable standards of durability, the city council may declare the developer in default.
D. In order to ensure continued maintenance of a large scale development, the developer shall record both the declaration of management policies and the agreement between the city and the developer in the office of the county recorder.
(Ord. No. NS348, § 7(Exh. A), 2022)