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§ 153.003 AUTHORITY.
   (A)   General. By authority of the Colorado City Town Council adopted pursuant to powers and jurisdictions vested through A.R.S. § 9-463.01 pertaining to subdivision of lands within incorporated areas, and other applicable laws, statutes, orders and regulations of the State of Arizona, and the Town of Colorado City, the Town Council does hereby exercise the power and authority to review and approve or disapprove, based upon recommendation of the Town of Colorado City Planning and Zoning Commission and its Director, plats for division of land within the town. The Town Council may, in the exercise of its police power or for purposes previously identified, amend, add to, delete or change this Land Division Ordinance.
   (B)   Applicability. These regulations shall apply to all subdivisions of land, as detailed herein, located within the Town of Colorado City. No land shall be subdivided until the subdivider or his or her agent complies with these regulations and obtains the necessary approvals detailed herein. In addition, no land shall be considered officially divided until the approved survey/plat is filed with and recorded by the Mohave County Recorder's Office.
   (C)   Water adequacy. The subdivider must demonstrate an adequate water supply to the satisfaction of the Town of Colorado City as required by state statute under A.R.S. § 9-463.01.
   (D)   Building construction. No building permit shall be issued for any parcel or plat of land which was created by subdivision after the effective date of, and not in conformity with, the provisions of these subdivision regulations. The town may declare a moratorium on construction and require compliance with these regulations and take whatever steps necessary to ensure compliance.
   (E)   Public conflict. The regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by the provision of any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
   (F)   Private conflict. These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of these regulations are more restrictive or impose higher standards or regulations than the easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern.
   (G)   Severability. If any part or provisions of these regulations or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, that judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall have been rendered, and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances.
   (H)   Conditions. Regulation of the subdivision of land and the attachment of reasonable conditions to land subdivision is an exercise of valid police power delegated by the State of Arizona to its political subdivisions. The subdivider has the duty of compliance with reasonable conditions laid down by the Town Council for design, dedication, improvement and restrictive use of the land so as to conform to the physical and economical development of the municipality and to protect the safety and general welfare of the future lot owners of the subdivision and the community at large.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.004 PLANNING COMMISSION CREATION AND RESPONSIBILITIES.
   (A)   A Colorado City Planning Commission is hereby created in accordance with the provisions of A.R.S. Title 9, Chapter 4, Article 6, as amended (“Municipal Planning”).
   (B)   The Commission shall consist of 5 members appointed by the Mayor with the consent of the Town Council. Members shall be selected without respect to political affiliation and shall receive a stipend pay for each Commission meeting attended, as set by the Council.
   (C)   The initial terms of office for the appointive members of such Commission shall be 2 years for 2 members, 4 years for 2 members and 6 years for the remaining member. Thereafter, the terms of office for each appointive member, shall be 6 years.
   (D)   Vacancies occurring otherwise than through the expiration of term shall be filled by appointment by the Mayor, with the consent of the Town Council. Notwithstanding the length of term, members shall serve at the pleasure of the Town Council and may be removed at any time with or without cause.
   (E)   The Colorado City Planning Commission may, by separate intergovernmental agreement, hold joint meetings with the Hildale City Planning Commission. These members shall constitute a quorum. Meetings shall be open to the public and minutes shall be kept and filed with the office of the Town Clerk.
   (F)   The Colorado City Planning Commission shall among other things, provide for the health, safety, general welfare, good order, comfort, convenience, aesthetics, and harmonious development of the community.
   (G)   To accomplish these purposes the Commission shall have the following powers and duties:
      (1)   Recommend and administer a General Plan, maps and amendments;
      (2)   Recommend and administer subdivision regulations and amendments;
      (3)   Recommend and administer zoning ordinances, maps and amendments;
      (4)   Hear and recommend proposed subdivision developments;
      (5)   Hear and decide commercial and industrial development proposals;
      (6)   Hear and determine land use controls including conditional uses, easements, restrictive covenants, and development agreements;
      (7)   Require the conformance with these regulations and standards, specifications and details for public infrastructure and facilities, including streets, flood control, domestic water and sanitary sewage disposal; and
      (8)   Undertaking all activities usually associated therewith and commonly known as “planning and zoning.”
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014; Am. Ord. 2015-04, passed 5-11-2015)
§ 153.005 APPEALS AND VARIANCES.
   (A)   Pursuant to A.R.S. § 9-462.06, a Hearing Officer is hereby established to hear and decide requests for variances from the terms of the land use ordinances, appeals from decisions applying the land use ordinances, and appeals from a land use fee charged. The Hearing Officer shall be appointed by resolution of the Town Council. The Hearing Officer shall act in a quasi-judicial manner and serve as arbiter of issues involving the interpretation or application of land use ordinances.
   (B)   Any appeal proceeding shall be conducted in a public meeting called for that purpose. The Hearing Officer shall fix a reasonable time to hear the appeal or variance. The hearing officer shall have the power to administer oaths and take evidence. Minutes of the proceedings and actions shall be filed with the office of Town Clerk.
   (C)   As a condition precedent to judicial review, each aggrieved person shall specifically file a notice of appeal from a land use decision with the Town Clerk within 15 days of the decision, specifying the grounds thereof. Only those decisions in which the town has applied a land use ordinance to a particular application, person, or parcel may be appealed.
   (D)   An appeal stays all proceedings in the matter appealed from, unless the Planning and Zoning Administer certifies by the facts stated in the certificate, a stay would cause imminent peril to life or property. Upon such certification, proceedings shall not be stayed except by restraining order granted by the Hearing Officer, Board of Adjustment or by a court of record on application and notice to the Planning and Zoning Administrator. Proceedings shall not be stayed if the appeal requests relief which has previously been denied by an appeal except pursuant to a special action in district court.
   (E)   The town shall fix a reasonable time for hearing the appeal, and shall give notice of hearing by both publication in a newspaper of general circulation and posting the notice in conspicuous places close to the property as well as due notice to the parties in interest. Upon the hearing, any party may appear in person or by agent or by attorney. The appellant has the burden of proving that the town erred.
   (F)   The Hearing Officer may grant a variance if:
      (1)   Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances. The Hearing Officer may not find an unreasonable hardship if the hardship is self-imposed or economic;
      (2)   There are special circumstances attached to the property that do not generally apply to other properties in the same zone such as size, shape, topography, location, or surroundings;
      (3)   Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
      (4)   The variance will not substantially affect the general plan and will not be contrary to the public interest; and
      (5)   The spirit of the land use ordinance is observed and substantial justice done.
   (G)   In granting a variance, the Hearing Officer may impose additional requirements or conditions on the applicant that will mitigate any harmful effects of the variance or serve the purpose of the standard or requirement that is waived or modified. Variances run with the land.
   (H)   The Hearing Officer shall determine the correctness of a decision of the town in its interpretation and. application of a land use ordinance. The Hearing Officer shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order requirement, decision or determination which comes before it. The decision must be made within a reasonable time (15 to 45 days). A decision of the Hearing Officer takes effect on the date when a written decision is issued.
   (I)   The Hearing Officer may not make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the zoning ordinance except for granting variances pursuant to the conditions listed above.
   (J)   A Board of Adjustment is hereby created in accordance with the provisions of A.R.S. § 9-462.06, and shall hear and decide appeals from the decisions of the Hearing Officer.
   (K)   The Board of Adjustments shall consist of 5 members appointed by the Council. Members shall be selected without respect to political affiliation and shall receive a stipend pay for each Board of Adjustments meeting attended, as set by the Town Council.
   (L)   The initial terms of office for the appointive members of such Board of Adjustments shall be 2 years for 2 members, 4 years for 2 members and 6 years for the remaining member. Thereafter, the terms of office for each appointive member, shall be 6 years.
   (M)   Vacancies occurring otherwise than through the expiration of term shall be filled by appointment by the Town Council. Notwithstanding the length of term, members shall serve at the pleasure of the Town Council and may be removed at any time with or without cause.
   (N)   The Board of Adjustments shall act in a quasi-judicial manner to hear appeals from decisions of the Hearing Officer. Appeal proceedings shall be conducted as outlined in subsections (B) through (I) above. Action taken by the shall be by concurrence of a majority of the members of the Board of Adjustments.
(Ord. 2015-04, passed 5-11-2015; Am. Ord. 2017-03, passed 11-13-2017)
§ 153.006 APPROVAL OF SUBDIVISION REQUIRED.
   (A)   Unlawful. No person shall subdivide a parcel of land without previous approval of the Colorado City Town Council as set forth under these regulations, and by A.R.S. §§ 9-463.01 and 9-463.02.
   (B)   Subdivision defined. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      SUBDIVISION.
         (a)   Improved or unimproved land or lands divided for the purpose of:
            1.   Financing, sale or lease, whether immediate or future, into 4 or more lots, tracts or parcels of land; or
            2.   If a new street is involved, any such property which is divided into 2 or more lots, tracts or parcels of land, or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than 2 parts.
         (b)   Subdivision also includes any condominium, cooperative, community apartment, townhouse or similar project containing 4 or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, except that plats of the projects need not show the buildings or the manner in which the buildings or air space above the property shown on the plat are to be divided. Subdivision does not include the following:
            1.   The sale or exchange of parcels of land to or between adjoining property owners if the sale or exchange does not create additional lots;
            2.   The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership;
            3.   The leasing of apartments, offices, stores or similar space within a building or manufactured home park, nor to mineral, oil or gas leases, except residential condominiums as referenced in division (b) above;
            4.   Land splits and lot line adjustments as defined by this chapter, which are subject to a separate review process;
            5.   The public acquisition of land for streets, highways and rights-of-way;
            6.   Thirty-six acre or larger parcel divisions; or
            7.   Subdivision into or development of parcels, plots or fractional portions for the purpose of creating burial plots within the boundaries of a cemetery.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.007 EXCEPTION FROM STANDARDS FOR SPECIAL CIRCUMSTANCES.
   (A)   Any plat or land division survey submitted with a deviation(s) from these regulations or deviation(s) from required improvements shall be accompanied by an application for variance from these regulations or associated design or improvement standards made on a form provided by the town for this purpose.
   (B)   Any person seeking variances to the requirements of these regulations shall file 2 copies of the application with the Town Clerk in concert with the sketch plan application.
   (C)   The application shall be a request for a variance to an ordinance provision in response to a circumstance actually delineated on the sketch plan. Requests shall include the specific reason for each and every variance requested.
   (D)   The application for variance shown on the sketch plan shall follow the appeal and variance process outlined in § 153.005 above.
   (E)   The Hearing Officer may recommend that the Planning Commission and Town Council authorize exceptions to any of the requirements in these regulations. In order to do so, it shall be necessary for the Hearing Officer to find the following facts with respect thereto:
      (1)   There are extraordinary circumstances or conditions affecting the property or the purpose of these regulations may he served to a greater extent by an alternative proposal;
      (2)   That the granting of the exception will not be detrimental to the public safety, health and welfare or injurious to other property in the area in which the subject property is situated;
      (3)   The conditions upon which the request for an exception is based are unique to the property for which the exception is sought and are not applicable generally to other property; and
      (4)   That it will not have the effect of nullifying the intent and purpose of the town’s general plan, transportation plan, Zoning Ordinance or these regulations.
   (F)   The Planning Commission shall forward a recommendation to the Town Council regarding approval, approval with conditions, or denial of the variance to any portion of these regulations.
   (G)   Upon receipt of the Planning Commission’s recommendation, the Town Council may approve or deny the variance. The Council may approve the preliminary subdivision plat and associated plans with the exceptions and conditions deemed necessary to substantially uphold the objectives of these regulations.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014; Am. Ord. 2017-03, passed 11-13-2017)
§ 153.008 PROCESSING FEE REQUIRED.
   The submission of a sketch plan, preliminary plat, final plat, revised or amended plat, application for reversion to acreage plat of abandonment, or other submission governed herein, shall be accompanied by a filing fee according to the fee schedule approved by the Town Council by resolution. The filing fee shall be submitted to the Planning and Zoning Department simultaneously with submittal of a completed application.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
§ 153.009 ENFORCEMENT.
   (A)   General.
      (1)   Any use or development of property contrary to the provisions of the subdivision regulations shall be unlawful, against the public safety and welfare, and a public nuisance, and the town may immediately commence all necessary actions or proceedings for the abatement, enjoinment and removal thereof in the manner provided by law, and may take other lawful steps and may apply to the court or courts as may have jurisdiction to grant such relief as will abate, enjoin and restrain any person, firm, partnership, or corporation from setting up, developing, erecting, building, moving or maintaining any such building or using or selling any property contrary to the provisions of these subdivision regulations, or otherwise violating these subdivision regulations.
      (2)   It is the responsibility of the subdivider to comply with these regulations. At any time in the processing of the subdivision plat or construction of improvements associated with the approved subdivision plat or construction drawings that non-compliance with these regulations or approved subdivision plat is determined, notification of same shall be transmitted to the subdivider. If compliance is re-established, processing of the plat or construction of associated improvements may proceed from the date of compliance as authorized by the Planning and Zoning Director.
   (B)   Violations and penalties. Any person, firm, partnership, corporation or other legal entity who violates any provision of these regulations shall be guilty of a Class 1 misdemeanor and, upon conviction thereof, shall be punished by fine and/or imprisonment as denoted in § 153.999. The imposition of any sentence shall not exempt the offender from compliance with the requirements of these regulations and provisions of the ordinance.
   (C)   Remedies. All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve that person from the responsibility to comply with the requirements of these regulations, or to correct or remove prohibited conditions. In addition to the other remedies provided in this section, any adjacent or neighboring property owner who shall be specially damaged by the violations of any provisions of these subdivision regulations may institute, in addition to the other remedies provided by law, injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, abate, correct or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)
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