Willcox City Zoning Code
CHAPTER 17
92 ADMINISTRATION AND ENFORCEMENT
17.92.010 Applications for building permits required.
Any person, firm, or corporation desiring to construct, remodel, or move a building or structure within the city, shall make application therefor to the zoning administrator before commencing construction thereon.
(Prior code § 17.88.010)
17.92.020 Plans required.
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 multiple dwellings shall also include a planting plan showing how the premises will be landscaped. A careful record of such application 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.
(Prior code § 17.88.020)
17.92.030 Permits to comply with title.
From the time of the effective date of the ordinance codified herein, 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 or gas utility be installed to serve the premises if such use would be in violation of this title.
(Prior code § 17.88.030)
17.92.040 License to comply with title.
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.
(Prior code § 17.88.040)
17.92.050 Permits required.
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 zoning administrator or other authorized officer.
(Prior code § 17.88.050)
17.92.060 Construction and use to comply with application.
Building permits or certificates of zoning compliance issued on the basis of plans and specifications approved by the zoning administrator authorizes 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.
(Prior code § 17.88.060)
17.92.070 Certificate of zoning compliance required.
A. It is unlawful to use or occupy or permit the use or occupancy of any building or premises, or to change the 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 nonconforming 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.
(Prior code § 17.88.070)
17.92.080 Zoning administrator appointed.
The building inspector appointed under the building code of the city, is designated as the zoning administrator who shall be charged with the administration and enforcement of this title. The city manager may also appoint other officers to assist in the administration and enforcement of this title.
(Prior code § 17.88.080)
17.92.090 Powers and duties of zoning administrator.
A. It shall be the duty of the zoning administrator to inspect or cause to be inspected all buildings in the course of construction or repair. He shall enforce all of the provisions of this title, entering actions in the courts when necessary; and his failure to do so shall not legalize any act in violation of such provisions.
B. Upon appeal to the board of adjustment of any matters on which said board is required to pass, the zoning administrator shall forthwith transmit all papers, records, and other pertinent data pertaining to the appeal to said board of adjustment as required by the terms of this title. The zoning administrator shall also refer matters to the city manager, planning commission, and city council, or other agency as required by the terms of this title.
(Prior code § 17.88.090)
17.92.100 Board of adjustment-Created-Members-Terms.
There is created a board of adjustment which shall consist of five members, each to be appointed by the city council for a term of three years, provided that the terms of the members of the first board so appointed shall be such that the term of one member shall expire each year. At least one member of the planning and zoning commission shall be a member of the board of adjustment. Any member may be removed for cause by the city council upon written charges and after a public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term has not been completed.
(Prior code § 17.88.100)
17.92.110 Organization-Meetings-Records.
The board of adjustment shall organize and elect a chairman and adopt rules in accordance with the provisions of this title. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his absence, the acting chairman shall conduct all meetings and may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official acts, all of which shall be filed immediately in the office of the board and shall be a public record. Robert's Rules of Order shall be followed in the conducting of meetings wherever applicable.
(Prior code § 17.88.110)
17.92.120 Powers and duties of the board of adjustment.
A. The powers and duties of the board of adjustment shall be limited to three general types, as follows:
1. It shall have judicial power to interpret the provisions of this title;
2. It shall have administrative power to grant variances;
3. It shall have the administrative power to grant special exceptions or conditional uses.
B. Interpret Ordinance and Map. It is the intent of this provision to provide a way whereby applicants who think that the zoning administrator is in error, or does not interpret the provisions of the zoning title correctly, may obtain relief from such error in an expeditious and inexpensive manner without having to resort to the courts. It is also the intent of this title to empower the board of adjustment to decide, upon appeal in certain zones, whether uses which are not listed therein are, in fact, similar to those which are listed. Accordingly, the board of adjustment shall hear and decide appeals where it is alleged by an appellant that there is error in any order, requirements, decisions, or refusal made in the enforcement of this title. The board of adjustment shall also interpret the zone map and the boundaries thereof in cases of dispute or disagreement and shall determine the similarity or dissimilarity of uses which are not listed as permitted uses in the various zones. Before the board of adjustment shall declare a use to be similar to other uses permitted in the zone, it must find that the requested use will be:
1. Consistent with the objectives and characteristics of the zone in which the use is to be located;
2. Similar to permitted uses as to function, service, and traffic demands and the emission of smoke, dust, vibration, light, etc.
C. Grant Variances. It is the intent of this provision to provide a way whereby an applicant can use his property to the same extent as other properties in the same zone. Accordingly, the board of adjustment may authorize, upon appeal, variances from the terms of this title whereby reason of exceptional narrowness, shallowness or shape of specific piece of property at the time of the enactment of the regulation, or where by reason of exceptional topographic condition, a literal enforcement of the provisions of this title would result in unnecessary hardship upon the owner. Before any variance may be granted, however, the board of adjustment must find that all of the following conditions are present:
1. Having to adhere strictly to the letter of the title will cause difficulties and hardships upon the petitioner which are unnecessary in order to carry out the purposes of this title;
2. Special circumstances attach to the property covered by the application that do not apply to other property in the same zone;
3. That because of said special circumstances, property covered by the application is deprived of privileges possessed by the other properties in the same zone; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by the other properties in the same zone;
4. That the difficulties and hardships were not created by any act of the appellant subsequent to the effective date of the regulation appealed from.
D. Grant Certain Special Exceptions or Conditional Uses. There are certain uses which are not permitted within particular zones unless they are made to comply with conditions which make them compatible with other uses in the same zone. Accordingly, the board of adjustment shall hear and decide requests for special exceptions or conditional uses, but only when authorized to do so under the terms of this title. In deciding whether or not to grant a special exception or conditional use, the board shall be guided by the following conditions set forth, which shall be deemed to be the minimum requirements that must be complied with.
1. Small Lots. Where a parcel of land at the time of the adoption of the ordinance codified herein is at least one and eight-tenths times as wide and one and eight-tenths times as large in area as required for a lot in the zone, the board of adjustment may permit the division of a parcel into two lots, provided:
a. Such division will not cause undue concentration of population;
b. The characteristics of the zone in which the lot is located will be maintained;
c. In the opinion of the board of adjustment, values in the area will be safeguarded adequately.
2. Transitional Uses. Uses which are permitted on either portion of a lot, which lot is divided by a zone boundary line, may be permitted to extend to the entire lot, but not more than 100 feet beyond the boundary line of such zone in which such use is permitted. Before a permit for such a use may be granted, however, the board of adjustment must find that a more harmonious mixing of uses will be achieved thereby.
3. Adjust or Reduce Off-street Parking Requirements. The board of adjustment may approve substitute parking locations and may reduce the amount of off-street parking required provided:
a. It can be shown that the time of use of the buildings or uses will be at different hours or days so that each use will have the amount of off-street parking available when the building or use is occupied; or
b. Sufficient off-street parking is readily available within the vicinity; or
c. Acquisition of land for such use is unnecessary in order to carry out the purposes of this title.
4. Other Special Exceptions or Conditional Uses. The board of adjustment may grant other special exceptions which it has been specifically authorized to grant under the terms of this title, subject to the conditions expressed therein.
(Prior code § 17.88.120)
17.92.130 May attach reasonable conditions.
The board of adjustment, subject to the provisions and restraints of this title, may attach other reasonable conditions or requirements to the grant of a variance, exception, or conditional use which the petitioner must comply with as a condition of the grant or approval. The granting of a variance or the approval of a special exception or conditional use shall run with the land. However, a time limit of one year shall be attached to the exercise or nonexercise of any grant unless specifically extended by action of the board.
(Prior code § 17.88.130)
17.92.140 May reverse or affirm zoning administrator.
In performing the duties and powers as set forth herein, the board of adjustment is empowered to reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the enforcing officer and may make such order or requirement as ought to be made; provided, however, that in interpreting and applying the provisions of this title, the requirements contained herein shall be deemed to be the minimum requirements for the purpose set forth.
(Prior code § 17.88.140)
17.92.150 Authority limited.
The powers and duties of the board of adjustment are limited to judicial and administrative matters as set forth in this title. The board of adjustment shall not have the authority to amend this title nor to correct what it may consider to be an unwise requirement. Nevertheless, the board of adjustment shall have powers and duties as set forth in this title and within the limitations and intent of the provisions of this title shall perform its duties and shall have the power to perform those acts as herein set forth.
(Prior code § 17.88.150)
17.92.160 Vote.
The concurring vote of three members of the board shall be necessary to decide on any matter on which it is required to pass.
(Prior code § 17.88.160)
17.92.170 Application to appear before the board of adjustment.
Any citizen or person, or any officer or department of the city may appeal to the board of adjustment by filing a request in writing with the zoning administrator, and with the application the applicant must have the signatures of all property owners in a distance of 150 feet from his property line. These signatures are not meant to endorse or show disapproval of the matter in question but to show that the owners have been notified of the request before the board of adjustment and the date of the public hearing; and by paying a fee of $25.00, provided such appeal is made within 30 days from the grant or refusal of a building permit by the zoning administrator. The request to appear before the board of adjustment shall be made on forms furnished by the zoning administrator at least ten days prior to the date of the hearing on the appeal.
(Prior code § 17.88.170)
17.92.180 Procedure.
Upon receipt of the application, the zoning administrator shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken. The appeal shall stay all proceedings in the matter appealed from, unless the officer from whom the appeal is taken certifies to the board that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the board, or by a court of record on application and notice to the officer from whom the appeal is taken.
(Prior code § 17.88.180)
17.92.190 Hearing.
A. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof by publication, as required by law and in accordance with the requirements of section 1.10.070, and shall decide the same within a reasonable time.
B. The intent in requiring a hearing is to enable the board of adjustment to obtain facts surrounding the case which may not be evident, or which may not be shown in the record as submitted to the board. The decision of the board shall be based upon the facts and not upon expressions of support or protest, or lack of support or protest, which may be made at the hearing. Any party may appear at the hearing in person or by agent or by attorney.
(Prior code § 17.88.190; Ord. NS339 , § 5(Exh. A), 2021)
17.92.200 Action of the board of adjustment.
17.92.210 Recourse from decision of board.
Any person, taxpayer, or municipal officer aggrieved by any decision of the board of adjustment may at any time within 30 days after the filing of the decision in the office of the board, petition a writ of certiorari for review of the board's decision. Allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board, and for good cause shown, grant a restraining order, and on final hearing may reverse or affirm, wholly or partly, or may modify the decision reviewed.
(Prior code § 17.92.210)
17.92.220 Powers and duties of the planning and zoning commission.
The planning and zoning commission shall have the following powers and duties with respect to zoning in the city:
A. The planning and zoning commission shall hear and decide requests for amendments to this title. The planning and zoning commission may also act on its own initiative in considering and recommending amendments to this title. Before a favorable recommendation is given, however, it must be shown that:
1. The amendment will not be contrary to the land use plan;
2. The amendment will not militate against the fulfillment of any other provisions of the comprehensive plan;
3. The amendment will not decrease nor adversely affect the health, safety, convenience, morals or general welfare of the public;
4. The amendment will more fully carry out the intent and purpose of this title;
5. Balancing the interest of the petitioner with the interest of the public, both interests will be served better by adopting such an amendment. In considering a request for an amendment to the zoning title or map, the planning and zoning commission may submit a recommendation for or against the request or it may recommend an alternate amendment.
B. To hear request for permits to construct mobile home parks, travel trailer courts, farm labor camps, group dwellings and planned unit development subject to the standards set forth in this title pertaining thereto;
C. Any other duty imposed on the planning and zoning commission under the terms of this title.
(Prior code § 17.88.220)
17.92.230 Powers and duties of the city council.
A. The city council may amend, change, or modify any provision of the zoning title or map provided:
1. The proposed amendment shall be first submitted to the planning and zoning commission for its recommendations;
2. A public hearing is held thereon as required by law;
3. The amendment will not be contrary to the comprehensive plan.
B. No substantial change in or departure from the recommendations of the planning and zoning commission can be made after such public hearing, unless the change or departure be first resubmitted with comments to the planning and zoning commission for its reconsideration and recommendations. Upon receiving the reconsidered recommendations from the planning and zoning commission, the city council may overrule the planning and zoning commission.
(Prior code § 17.88.230)