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In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements for the promotion of a comprehensive plan, and for the promotion of the public health, safety and general welfare. It is not intended by this chapter to repeal welfare. It is not intended by this chapter to repeal, abrogate, annul or, in any way, impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or with restrictions placed upon property by covenant, deed or other agreement between parties; provided that, where this chapter imposes a greater restriction on land, buildings or structures than is imposed or required by the existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control.
(1974 Code, § 18-1-3) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) Establishment, composition, terms of members, vacancies, compensation of members. There is hereby established a Planning and Zoning Commission of the town, to consist of five members, each of whom shall be a resident of the town, to be appointed by the Town Council. Members shall be appointed to staggered three-year terms with no more than two commencing in the same year. Vacancies shall be filled by the Council to finish any unexpired term. 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 by the Commission and approval by the Town Council. One member of the Town Council shall serve as an ex-officio member of the Planning and Zoning Commission and shall function as a voting member in the absence of any member of the Planning and Zoning Commission and shall, in that case, be considered a member of the Commission in terms of forming a voting quorum.
(B) Powers and duties. It shall be the duty of the Commission to formulate and administer any plan duly adopted by the Council for the present and future growth of the town pertaining to the use of land and buildings for any purpose and to keep this plan current and up to date by recommending amendments from time to time to the Town Council. The Commission shall administer, subject to approval by Town Council, the zoning ordinance in all matters relating thereunto and shall carry out the specific duties as outlined in this chapter and shall undertake all activities usually associated therewith and commonly known as “planning and zoning” responsibilities, including conditional use permits. The Commission will review all aspects of proposed re-zoning, code amendments and other development requests including, but not limited to, present and projected growth of the town, site planning and the relationship of the development to the surrounding environment and the community regarding land use and zoning.
(C) Rules, regulations, records, meetings. All meetings of the Commission shall be open to the public. The minutes and records of all Commission proceedings shall be kept indefinitely and filed as public record in the office of the Town Clerk. The Commission shall establish its own rules of conduct, officers, meeting schedule and other matters relating to the conduct of the business of the Planning and Zoning Commission.
(D) Quorum, voting. Three members shall constitute a quorum. The affirmative vote of three members shall be required for passage of any matter before the Commission. In this connection, the minutes of the meeting shall reflect the “ayes” and “nays” cast on a particular measure. A member may abstain from voting upon a declaration that he or she has a conflict of interest, in which case the member shall take no part in the deliberation on the matter in question. The member of the Town Council shall serve as a voting member in the absence of any one regular member of the Commission.
(1974 Code, § 18-1-4) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) The enforcing officer of this chapter shall be the town office and it shall also be the duty of the Marshal of the town and of all officers of the town otherwise charged with the enforcement of the law to enforce the provisions of the chapter.
(B) No building permit shall be issued for the construction, reconstruction, alteration, movement or use of any building, structure, lot or parcel if the building or structure proposed to be constructed, reconstructed, altered, used or moved, or the lot or parcel as proposed to be used would be in violation of any of the provisions of this chapter, unless directed to issue the permit by the Town Council after interpretation of the chapter or the granting of a variance or by the Town Council after lawful amendment of this chapter.
(C) (1) The town staff and other enforcement officers may, in the discharge of their duties, and for good or probable cause, enter any premises, building or structure at any reasonable hour to inspect the same in connection with any application made under this chapter, or for any investigation or inspection as to whether or not any portion of the premises, building or structure is being used in violation of this chapter.
(2) Written notice served on the owner or occupant of any premises sought to be inspected, at least 24 hours before the inspection takes place, shall be given in all cases in which permission to inspect has been refused. Every person who, after the receipt of the notice, denies or prevents, obstructs or attempts to deny, prevent or obstruct access to the premises may be charged with a class 1 misdemeanor.
(1974 Code, § 18-1-6) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
If any part of this chapter is found to be invalid or unconstitutional by any court, the action shall not apply to the chapter as a whole and it is intended and declared that all parts of this chapter not expressly declared to be invalid shall continue in full force and effect notwithstanding so much thereof as may be declared to be invalid or unconstitutional.
(1974 Code, § 18-1-8) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURE. The tilling of the soil, the raising of crops, horticulture and gardening, the raising of livestock and fowl, but not agricultural industries or businesses, fur farms, animal hospitals or similar uses.
BUILDING. Any structure having a roof supported by columns or walls, for the housing or enclosing of persons, animals, vehicles and the like.
BUILDING, ACCESSORY. A detached subordinate building clearly incidental to and located upon the same lot as is occupied by the principal building or dwelling.
BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the main height level between the ridge and eaves of a gable, hip or gambrel roof.
BUILDING, MAIN. The principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon a lot.
BUILDING, PUBLIC. A building owned and operated or owned and intended to be operated by a public agency of the United States of America, of the state or any of its subdivisions.
CHILD NURSERY. An establishment for the care and/or instruction, whether or not for compensation, of six or more children, other than members of the family, residing on the premises.
CONDITIONAL USE. To permit certain uses that are “improper under general conditions”, but might be harmonious uses if granted with conditions attached that will “ensure their compatibility and proper integration into the land use pattern.” See § 153.022. These are considered by the Planning and Zoning Board with recommendation to the Town Council who grants or denies the conditional use. They are separate and distinct from a variance and are handled differently. A CONDITIONAL USE PERMIT may be temporary, permanent or have a time limit.
CONDOMINIUM or TOWNHOUSE. A development where there is ownership of a single unit in a multiple-family development, together with an undivided interest in the common area and facilities, and the project meets all requirements of the Condominium Ownership Act, being A.R.S. §§ 33-1201 et seq., of the state.
DWELLING. Any building or portion thereof, which is designed for residential purposes, except for motels or hotels.
DWELLING, MULTIPLE-FAMILY. A building designed or arranged to be occupied by two or more families.
DWELLING, SINGLE-FAMILY. A building arranged or designed to be occupied by one family, the structure has only one dwelling unit.
DWELLING UNIT. One or more rooms in a dwelling, designed for or occupied by one family for living or sleeping purposes and having kitchen facilities for the use of not more than one family.
FAMILY. An individual, or two or more persons related by blood, marriage or adoption living together as a single housekeeping unit in a dwelling; or a group of not more than four persons who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit.
FRONT SETBACK. The setback area along any street frontage whatsoever, whether it is the side or front yard of a property.
GROUP HOME. A dwelling unit where the family has integrated into itself individuals not related by blood or marriage because of special needs and on a payment basis.
HOUSEHOLD PETS. Animals or fowl ordinarily permitted in the house and kept for personal use, such as dogs and cats, but not kept for commercial purposes as defined in this chapter.
INSPECTOR. Any employee of the town authorized to enforce this chapter. The Town Council may, by resolution from time to time, specifically entrust the enforcement to specifically named employees as a specialized duty without revoking the general authority previously given to other employees.
JUNK. Old or scrap copper, brass, rope, rags, batteries, plastics, paper, trash, weeds, rubber, debris, waste or junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or non-ferrous material.
LOT. A parcel of land occupied or to be occupied by a main building, or group of buildings, accessory and main, together with the yards, open spaces, lot width and lot area as are required by this chapter and having frontage upon a dedicated and improved street. Except for multiple-family dwellings, not more than one dwelling structure shall occupy one LOT.
LOT, CORNER. A lot having frontage on two or more improved streets.
MANUFACTURED OR MODULAR HOME. A factory-built single-family or two-family dwelling that is manufactured or constructed under the authority of 42 U.S.C. § 5401, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. They bear a seal from the U.S. Department of Housing and Urban Development (HUD) certifying code compliance. Single-wide modular homes have the original pitched roof, no tongue, no axles, thermo-pane windows, at least two-foot by four-foot walls, approved tie-downs and installed on a permanent foundation.
MARIJUANA INFUSION FOOD ESTABLISHMENT. A food processing or other food establishment of any type or size, not operated by a medical marijuana dispensary and not located at a marihuana cultivation site, by which is or may be permitted by Arizona law to contract with and does provide to a medical marijuana dispensary edible food products infused with medical marijuana.
MEDICAL MARIJUANA DESIGNATED CAREGIVER CULTIVATION LOCATION. An enclosed facility that not exceed 250 square feet of cultivation space, where a designated caregiver, as defined by A.R.S. § 28-2801(5) cultivates marijuana.
MEDICAL MARIJUANA DISPENSARY. A nonprofit medical marijuana dispensary duly registered and certified pursuant to A.R.S. § 36-2804.
MEDICAL MARIJUANA DISPENSARY OFFSITE CULTIVATION LOCATION. The one additional location if any, duly identified pursuant to A.R.S. § 36-2806(E) where marijuana will be cultivated for sale at a nonprofit medical marijuana dispensary duly registered and certified pursuant A.R.S. § 36-2804.
MARIJUANA INFUSION FOOD ESTABLISHMENT. A food processing or other food establishment of any type or size, not operated by a medical marijuana dispensary and not located at a marihuana cultivation site, by which is or may be permitted by Arizona law to contract with and does provide to a medical marijuana dispensary edible food products infused with medical marijuana.
MOBILE HOME. Single-wide trailer that is transportable in one section and built upon a permanent chassis.
MOBILE HOME PARK. Any area or tract of land used or designed to accommodate two or more mobile homes for permanent, rented living purposes as opposed to a recreation vehicle park where campers or travel trailers are generally parked for overnight or short periods of time.
MOBILE HOME SUBDIVISION. An area or tract of land designed and developed for manufactured or mobile homes, as defined herein.
MOTOR HOME. A vehicular unit, designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van. The vehicle must contain permanently installed independent life support systems which meet the ANSI/NFPA 501C standard, and provide at least two of the following facilities: cooking, refrigeration or ice box, self-contained toilet, heating and/or air conditioning, a potable water supply, 110/125 volt power, 12 volt power and/or LP gas supply.
NON-CONFORMING BUILDING, STRUCTURE OR USE. A building, structure or use of land, or portion thereof, lawfully existing at the time this chapter became effective which does not conform to all regulations herein prescribed for the zone in which it is located. This building, structure or use may be referred to as “grandfathered”.
PARK TRAILER. A vehicular unit which meets the following criteria:
(1) Built on a single chassis, mounted on wheels;
(2) Designed to provide seasonal or temporary living quarters which may be connected to utilities necessary for operation of installed fixtures and appliances;
(3) Of a construction as to permit persons without special skills using only hand tools which may include lifting, pulling and supporting devices to set up the unit; and
(4) The gross trailer area of a single chassis when in the set-up mode is not to exceed 400 square feet.
PARKING LOT. An open area other than a street, used for parking motor vehicles.
PERMANENT FOUNDATION. A manufactured home requires a strip footing or a slab with double cinder block under metal pillars for weight bearing. Cement footing or slab need to be 18 inches deep, for frost protection.
RECREATIONAL VEHICLE. A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, camping trailer, truck camper, motor home, fifth wheel, part trailer and van.
RECREATIONAL VEHICLE PARK. Site designed and developed for campers or travel trailers to be parked for overnight or short periods of time.
STREET. A public thoroughfare which affords principal means of access to abutting property and is dedicated and improved to the standards of the town. (See Title VII of this code of ordinances.)
STRUCTURE. Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground.
TRAVEL TRAILER. A vehicular portable unit, mounted on wheels of a size or weight as not to require special highway movement permits when drawn by a motorized vehicle, primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use and of a body width of no more than eight feet and a body length of no more than 40 feet when factory equipped for the road.
USE, ACCESSORY. A subordinate use customarily incidental to and located upon the same lot as is occupied by a main use.
VARIANCE. A special request to the town to permanently waive or alter a normal development requirement of a zoning district. A VARIANCE cannot change a use, but only development requirements.
WIDTH OF LOT. The distance between the side lot line at the distance back from the front lot line required as the setback for any building or structure.
YARD, FRONT. A space on the same lot with a building, between the front line of the building and the front lot line and extending across the full width of the lot. A corner lot has two front yards for setback purposes.
YARD, REAR. A space on the same lot with a building, between the rear line of the building and the rear line of the lot and extending the full width of the lot.
YARD, SIDE. A space on the same lot with a building between the side line of the building and the side line of the lot and extending from the front yard to the rear yard line.
(1974 Code, § 18-5-1) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. 11-004, passed 10-11-2011)
ADMINISTRATIVE PROCEDURES
On 3-9-2004, the Town Planning and Zoning Commission and the Fredonia Town Council adopted the following building codes: National Electric Code 2002, Uniform Plumbing Code 2003, Uniform Mechanic Code 2003, Building Construction and Safety Code Handbook 2003 and NFPA 5000, NFPA Standard for Electric Safety 2000 and all ANSI standards.
(1974 Code, § 18-2-1) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. 13-001, passed 2-26-2013)
(A) Petition for amendment or change. The Council may, from time to time, change the district boundaries or amend the regulation herein established. The change may be initiated by the Council, the Planning and Zoning Commission, or by petition of one or more owners of real property within the area proposed to be changed. Petitions for a zone change shall be filed with the Town Clerk on forms provided by the town and a filing fee, as may be established from time to time by the Town Council, shall be paid.
(B) Commission action. Upon receipt of a completed application and payment of the required filing fee, the Planning and Zoning Commission shall set a public hearing for the proposed change, giving notice thereof to interested parties and to the public by publication of a notice in a newspaper of general circulation in the town, by posting notice of the change in three public places, not less than 45 days prior to the hearing. The notice shall state the time and place of the hearing and a general explanation of the matter to be considered, including a general description of the area affected. At the hearing, the Commission may:
(1) Vote to deny the request;
(2) Vote to approve the request; or
(3) Vote to approve the request, but reduce the amount of area recommended for approval.
(C) Council action.
(1) Once the Commission has held a public hearing, the Council may adopt the recommendation of the Commission without holding a public hearing if there is no objection, request for a hearing, or other protest to the Commission action. The Council shall hold a public hearing if requested by an aggrieved party, any member of the public, or by the request of the governing body or the Planning and Zoning Commission. The manner of holding the public hearing shall be the same as required by the Planning and Zoning Commission. Additional notice may be given if the Town Council deems it necessary or desirable.
(2) The Council may not make changes in the proposal unless first returned to the Planning and Zoning Commission for their recommendation.
(3) At the time of re-zoning, the Council shall establish a schedule for development of the specific use or uses for which re-zoning is requested. If at the expiration of this period, the property has not been improved for the use for which it was approved, it shall revert to its former zoning classification without legislative action.
(D) Reconsideration of denied changes. In the event that a petition for an amendment is denied by the Council, or is withdrawn after the Commission hearing, the Commission shall not consider the petition or any other petition for the same amendment of this chapter as it applies to the same property described in the petition, or any part thereof, for a period of one year from the date of the denial, unless the conditions upon which the original denial was based have made a significant change.
(1974 Code, § 18-2-2) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) Purpose. To provide for the regulation of land uses to ensure their compatibility and proper integration into the land use pattern of the town. Certain uses which may be harmonious under special conditions, but improper under general conditions are classified as conditional uses and require conditional use permits for approval, prior to construction.
(B) Permit required. An approved conditional use permit shall be required for each conditional use listed in this chapter. No building permit or other permit or license shall be issued for a use requiring conditional use approval until a conditional use permit shall first have been recommended by the Commission and then approved by the Town Council.
(C) Conditional use application. Petition for a conditional use permit shall be made to the Town Clerk on forms provided by the town and a filing fee, (see fee schedule) as may be established from time to time by the Town Council, shall be paid. Along with the application, the applicant shall file a site development plan, drawn to scale, and showing the location of all existing and proposed buildings, fences, general landscaping, automobile circulation and parking, loading areas, garbage collection areas, lighting, signs and topography. If necessary, the applicant will file a vicinity map, a drainage plan and any other information that the Commission may deem desirable to properly consider the request.
(D) Commission action. Upon receipt of an application for a conditional use permit, the Planning and Zoning Commission shall hold a hearing on the request at its next regular Commission meeting. The Commission, after review, shall recommend approval of the request by addition of any conditions that it might deem necessary to protect the health, safety, welfare and aesthetics of the area.
(E) Council action. Once the Commission has held a hearing on the application for a conditional use permit, it shall make recommendation to the Town Council, and the Council may approve deny or send the conditional use application back to the Commission for modification in public meeting. In approving any conditional use, the Council shall find the proposed use to be necessary or desirable for and not detrimental to the public health, safety and welfare, and that it is in harmony with the intent and purpose of the master plan of the town. It may impose such regulations and conditions it may deem necessary to allow it to make those findings.
(F) Time limitation. The use becomes effective upon Council action. The conditional use permit shall be good for a period of one year from the date of approval, otherwise it shall become null and void. At the termination of the time period, the permit shall be void if the work approved by the permit has not been completed. An extension for the construction period may be approved by the Council, upon application by the applicant and recommendation by the Planning and Zoning Commission. Extensions may be granted for a maximum period of one year at a time. Upon completion of the construction of all improvements proposed and required to be constructed, no further review shall be necessary. The Council may place a time limitation on some uses in which case the use will be reviewed at the end of the period specified. The review may result in a continuation of the request for a period of time, or it may result in termination of the conditional use permit.
(G) Denial of request. In the event that the Council denies the request for a conditional use permit, no person shall reapply on the same property for a period of one year from the date of denial unless the conditions upon which the original denial was based have changed substantially.
(1974 Code, § 18-2-3) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
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