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A. Maintenance standards.
1. General. When the standards and procedures of this Code or by conditions attached to any permit, development approval, or variance require that any building or site feature be constructed or installed, the property owner is responsible for maintaining those building or site features in good repair, and for replacing them if they are damaged or destroyed or, in the case of living materials, if they die after installation. In addition, property owners shall be responsible for each of the additional maintenance, replacement, and operating standards set forth in this section.
2. Landscape maintenance. Landscaping shall be maintained in an orderly and healthy condition. This shall include regular pruning, mowing of turf, weeding, removal of litter, fertilizing, replacement of plants when necessary, and application of appropriate quantities of water to all landscaped areas. Maintenance practices shall include performing routine irrigation system repair and adjustments, scheduling irrigation, using moisture-sensing or rain shut-off devices, conducting water audits, and prescribing the amount of water to be applied per landscaped area.
3. Access and circulation maintenance. Required ingress, egress, and circulation improvements shall be kept clean and in good repair.
4. Parking and loading area maintenance. Parking and loading areas shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly, and broken or splintered wheel stops shall be replaced so that their function will not be impaired. Painted parking space boundaries, handicap designations, and directional symbols shall be maintained so as to be easily distinguishable.
5. Trash facilities maintenance. It shall be the responsibility of the property owner to ensure that the immediate surroundings and the floor of trash/recyclable material enclosures are kept clean and free of debris, that the enclosure gates have operable latches, that the enclosure gates remain closed, and that the container lids remain closed at all times except during periods of actual use. Trash to be collected may be placed at the street right-of-way line on the assigned collection day for a period not to exceed 12 hours.
6. Sign maintenance.
a. General. Signs shall be maintained by the owner or person in possession of the property on which the sign is located in conformance with the conditions of the sign permit.
b. Damaged signs. A damaged sign base shall be repaired within 60 days. If the Zoning Administrator determines that a damaged sign may pose a hazard to public safety, it shall be repaired or removed immediately.
c. Pole covers and sign cabinets. Internally illuminated sign cabinets or sign panels that have been damaged shall not be illuminated until repaired.
7. Easement maintenance. An easement area shall be maintained by the property owner, except for those improvements for which a public authority or utility company is responsible.
B. Operating standards. All structures, uses, and activities in all zone districts shall be used or occupied so as to avoid creating any dangerous, injurious, noxious or otherwise objectionable condition that would create
adverse impacts on the residents, employees, or visitors on the property itself or on neighboring properties. Uses and activities that operate in violation of applicable state or federal statutes or this Code are presumed to be a violation of this division B. Property owner responsibilities under this section shall include but shall not be limited to the following:
1. Glare. Direct or reflected glare, including glare from exterior lighting, shall not be visible at the property line.
2. Noise. All activities shall comply with Chapter 9.30 of the City Code.
3. Odors. All activities shall comply with state statutes and regulations. No operation shall cause or allow the emission of any odorous air contaminant that is a nuisance, hazard or exceeds applicable federal or state regulations. Detailed plans for the prevention of odors crossing property lines may be required before the issuance of a development or building permit.
4. Smoke. All activities shall comply with state statutes and regulations. No operation shall discharged into the atmosphere any contaminant for which threshold limit values are listed for working atmosphere by the American Conference of Governmental Industrial Hygienists in such quantity that the concentration of the contaminant at ground level at any point beyond the boundary of the property shall at any time exceed the threshold limit established by such conference or by any state or federal law or regulation. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited.
5. Vibration. No use or activity shall cause inherent and recurring generated vibration perceptible without instruments at any point along the property line. Temporary construction is excluded from this restriction.
6. Hazardous materials. All uses and activities shall comply with state statutes and regulations regarding the use, storage, handling, and transportation of flammable liquids, liquefied petroleum, gases, explosives, hazardous materials, hazardous wastes, toxic materials and solid wastes, as those terms are defined by applicable statutes, rules, regulations, or ordinances.
7. Materials and waste handling. All materials or wastes that might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, impermeable trash containers that are screened in accordance with the requirements of this Development Code. Lubrication and fuel substances shall be prevented from leaking and/or draining onto the ground. All sewage and industrial wastes shall be treated and disposed of in compliance with the water quality standards applicable of the state and federal government.
8. Electromagnetic radiation. No use or activity shall create or operate an intentional source of electromagnetic radiation that does not comply with the then current regulations of the Federal Communications Commission regarding that type of electromagnetic radiation source. In case of governmental communications facilities, governmental agencies, and government owned plants, the regulations of the interdepartmental Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission, regarding such sources of electromagnetic radiation.
9. Nuisance prohibited. All structures and land uses within the city shall be constructed, used, operated, and maintained in such a manner so as to be free of nuisances.
(Ord. 21-1251, passed 2-23-2021; Ord. 16-1153, passed 6-14-2016; Ord. 16-1141, passed 2-23-2016; Ord. 16-1160, passed 9-13-2016)
ARTICLE V: PROCEDURES AND ENFORCEMENT
This Development Code shall be administered by the Lake Havasu City Council, Planning and Zoning Commission, the Community Investment Department, the Community Investment Department Director, and the Zoning Administrator, and in compliance with state law (A.R.S. § 9-461), which shall collectively perform the functions of the Planning Agency in Lake Havasu City. This section describes the authority and responsibilities of each of these bodies in the administration of this Development Code. Each reference to an individual or officer of the city includes any duly authorized representatives of the named individual or officer.
A. City Council. The City Council (the “Council”), in matters related to the city’s planning process, shall perform the duties and functions identified in this Development Code, in compliance with state law (A.R.S. § 9-462.01) including but not limited to considering and making decisions on:
1. General Plan amendments under § 14.05.04A.;
2. Development Code amendments under § 14.05.04K.;
3. Zoning Map amendments under § 14.05.04K.;
4. Planned Development general development plans under § 14.05.04L.;
5. Appeals of Commission decisions under § 14.05.03O.6.; and
6. Abandonment of easements under § 14.05.04J.
B. Planning and Zoning Commission.
1. Establishment. The Planning and Zoning Commission, (the “Commission”) is established in compliance with state law (A.R.S. § 9-461.02).
2. Appointment. The Commission shall be comprised of 7 regular members and 3 alternate members appointed by the Mayor and Council. All Commission members/alternates shall be residents of the city and serve without compensation.
3. Membership terms.
a. Members. The terms of office of the members of the Commission shall be for 3 years unless sooner removed by the Council for good cause shown.
b. Alternates. The terms of office of the alternates of the Commission shall be for 2 years unless sooner removed by the Council.
c. Commencement date. All terms of office shall commence on July 1 in the year of appointment.
d. Vacancies. If a vacancy should occur the vacancy shall be filled by appointment, by Council, for the unexpired portion of the term of the vacancy.
e. Serve until replaced. Members and alternates shall serve until their successor is appointed and qualified.
f. Staggering of terms. The terms of office shall be staggered.
4. Meetings and proceedings.
a. Meetings. The regular meetings of the commission shall be held every first and third Wednesday of the month commencing at 9:00 a.m., unless properly noticed otherwise, with the location to be announced in the public notice.
b. Commission minutes. The minutes of the Commission shall be open to the public. The minutes of proceedings, showing the vote of each member and the records of its examination, evidence, findings, and other official actions, shall be kept and filed in the office of the Director as a public record.
c. Commission secretary. The Community Investment Department staff shall serve ex-officio as the secretary of the Commission, shall record all actions, shall provide written communications to the applicants, but shall have no vote.
d. Quorum. A quorum necessary for the transaction of business shall consist of 4 members.
e. Organization. The Commission shall elect its chairperson and vice chairperson from among its appointed members for a term of 12 months, who shall have the power to administer oaths and take evidence.
5. Authority and duties. The Commission shall have the authority to perform the duties and functions identified in this Development Code and by state law (A.R.S. §§ 9-461.02 et seq.) The Commission shall:
a. Engage in those planning activities authorized by state law, including the development and maintenance of the General Plan stating the city’s goals and development policies for all of the mandatory elements.
b. Assist the Council with anticipating and guiding future development and change by preparing and recommending on Capital Improvement Plans, ordinances, plans, regulations, reports, studies, and other documents for formal consideration and adoption by the Council.
c. Conduct hearings and other activities as identified in this Development Code.
d. Maintain the standards of architecture and site design in compliance with § 14.05.04H.
e. Hear and decide or recommend on requests for the following:
i. Whether to approve, conditionally approve, or disapprove concept Development Plans, conditional use permits, parking-in-common plans, and preliminary subdivision plats, and impose conditions determined to be reasonable and necessary to fully carry out the purpose, intent, and provisions of this Development Code;
ii. Make recommendations to the Council on amendments to this Development Code, the General Plan and any specific plan, or the Zoning Map; and
iii. Hear appeals of decisions or determinations made by the Director.
f. Sit as Administrative Hearing Officer in compliance with division F.2. below.
6. Limits of responsibility. The Commission may not:
a. Obligate the city for any fees, materials, or services without the prior approval of the City Manager;
b. Deviate from any applicable city ordinances or state and federal laws in the execution of its duties and responsibilities; and
c. Fail to fully comply with state law (A.R.S. §§ 38-501 et seq.) dealing with conflict of interest matters.
C. Board of Adjustment (BOA).
1. Establishment. The Board of Adjustment (the “BOA”) is hereby established in compliance with state law (A.R.S. § 9-462.06). All members of the BOA must be residents of the city, must be at least 18 years of age, and shall serve without compensation.
2. Appointment.
a. The BOA shall be comprised of seven regular members appointed by the Mayor and City Council.
b. The Mayor and City Council shall also appoint 3 alternate members who may be called by the chairperson to serve in place of a regular member who is unable to attend the proceedings for the purpose of obtaining a quorum.
3. Terms of office. The terms of office of the members of the BOA shall be for 3 years, and the terms of office for alternates shall be 2 years, unless sooner removed by the Council for good cause shown.
a. If a vacancy should occur, other than by expiration, the vacancy shall be filled by the approval of the Mayor and Council, by appointment for the unexpired portion of the term of the vacancy.
b. If any member misses 4 regular meetings within the fiscal year without prior notification to the Chairman or the BOA Secretary, the member shall be deemed as resigned.
c. Serve until replaced. Members and alternates shall serve until their successor is appointed and qualified.
d. Staggering of terms. The terms of office shall be staggered.
4. Meetings and proceedings.
a. Organization. At the first scheduled meeting each June, the BOA shall elect its chairperson and vice chairperson from among its appointed members for a term of 12 months commencing July 1. The chairperson has the power to administer oaths and take evidence. Chairpersons and vice-chairpersons are eligible for reappointment. Vacancies in the office of chairperson or vice chairperson shall be filled for the unexpired term by a new election at any regular or properly scheduled meeting of the BOA. A 1-year minimum in serving on the BOA is necessary before a member is eligible for nomination as chairperson or vice chairperson.
b. Meetings. Regular meetings of the BOA shall be held on the second and fourth Wednesday of each month at 9:00 a.m., unless properly noticed otherwise, with the location to be announced in the public notice.
c. BOA minutes. The minutes of the BOA shall be open to the public. The minutes of proceedings, showing the vote of each member and the records of its examination, evidence, findings, and other official actions, shall be kept and filed in the office of the Director as a public record.
d. BOA secretary. The Community Investment Department staff shall serve ex-officio as the secretary of the BOA, shall record all actions, shall provide written communications to the applicants, but shall have no vote.
e. Quorum A quorum necessary for the transaction of business shall consist of 4 members.
5. Authority and duties. The BOA shall have the following authority:
a. Appeals. Hear and decide appeals when there is an alleged error in any decision, determination, order, or requirement made by the Zoning Administrator.
b. Variances. Hear and decide requests for variances from the terms of this Development Code, in compliance with § 14.05.04D., because of special circumstances applicable to a property, including its location, shape, size, surroundings, or topography, where the strict application of this Development Code would deprive the property of privileges enjoyed by other similar properties in the same zoning district, or where a variance is needed to comply with state or federal law, including but not limited to the federal Fair Housing Act amendments of 1988. No variance may permit a use that is not permitted in a zoning district, as shown in Article III (Permitted Uses). The BOA may attach conditions to the variance as it may determine to be reasonable and necessary in order to fully carry out the provisions and intent of this Development Code.
6. Limits of responsibility. The BOA may not:
a. Obligate the city for any fees, materials, or services without the prior approval of the City Manager;
b. Deviate from any applicable city ordinances or state and federal laws in the execution of its duties and responsibilities; and
c. Fail to fully comply with state law (A.R.S. §§ 38-501 et seq.) dealing with conflict of interest matters.
7. BOA’s action is final. The decision of the BOA is the final action by the city in compliance with state law (A.R.S. § 9-462.06).
8. Person(s) aggrieved by BOA decisions. Any person(s) aggrieved by a decision of the BOA may, at any time within 30 days after the BOA has rendered its decision, file a complaint for special action in the Superior Court to review the BOA’s decision, in compliance with state law (A.R.S. § 9-462.06K.).
9. Ex parte communications. The BOA acts in a quasi-judicial manner and shall not entertain, accept or participate in any ex parte communications as set forth below.
a. Prohibition against ex parte communications. To ensure that the decision-making process is fair and impartial, the members of the BOA shall not, directly or indirectly, participate in any ex parte communication relevant to an application pending before that body. Ex parte communications are oral or written communications related to the matter to be heard by the BOA and that is made to or by any member of the Board, including in person, telephonic or electronic communications that occur outside of a public meeting of the hearing body.
b. Exceptions. This prohibition shall not apply to communications between the members of the BOA and city staff. This prohibition is not intended to prevent site visits, the receipt of expert opinions, and the review of mail and other correspondence relating to the proceedings. All such communications shall be documented and entered into the record of the proceedings.
c. Disclosure of communications. If a BOA member receives an ex parte communication, the BOA member shall place the communication in the public record and enter into the minutes a statement describing the communication.
D. Community Investment Department Director (CID).
1. Delegation by Director. The Community Investment Department Director (“Director”) may delegate any or all of the responsibilities of the Director to Department staff under the supervision of the Director, unless state law prohibits such delegation.
2. Duties and authority. The Director shall:
a. Have the responsibility to perform all of the functions designated by state law;
b. Direct city employees assigned to the Planning, Zoning, and Building Departments, gather and maintain land use and building permit records and provide these to the Planning Commission, BOA, Council, and the public, and provide budgets, records of income and expense, and other data requested by the City Manager; and
c. Perform the duties and functions identified in this Development Code, including the initial review of land use applications, in compliance with § 14.05.02.
E. Zoning Administrator (ZA). The Zoning Administrator shall have responsibility for interpretation and enforcement of this Development Code with the authority to take action on applications for all administrative permits and approvals issued by the Department, as identified in § 14.05.02. Appeals from the determination of the Zoning Administrator shall only be considered by the BOA.
F. Administrative Hearing Officer.
1. Establishment and duties. In order to decide appeals commenced by property owners from any final determination made by an administrative agency or official of the city that conditions an approval for the use, improvement, or development of real property on the requirement of an exaction or dedication, there shall be, and is created, the position of Administrative Hearing Officer. This provision is created in accordance with state law (A.R.S. §§ 9-500.12 and 9-500.13).
2. Commission to sit as Administrative Hearing Officer. For purposes of this section, the Commission shall be authorized to sit as the Administrative Hearing Officer.
(Ord. 18-1210, passed 12-11-2018; Ord. 18-1196, passed 4-10-2018; Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1141, passed 2-23-2016; Ord. 22-1285, passed 4-12-2022)
TABLE 5-1 DECISION-MAKERS & PROCEDURES SUMMARY TABLE | ||||||
TYPE OF APPLICATIONS | REVIEW, DECISION, & APPEAL AUTHORITIES | |||||
R = REVIEW/RECOMMENDATION D = DECISION A = APPEAL < > = PUBLIC HEARING | CODE SECTION | ZONING ADMINISTRATOR |
COMMUNITY INVESTMENT DEVELOPMENT DIRECTOR | PLANNING AND ZONING COMMISSION | BOARD OF ADJUSTMENT | CITY COUNCIL |
TABLE 5-1 DECISION-MAKERS & PROCEDURES SUMMARY TABLE | ||||||
TYPE OF APPLICATIONS | REVIEW, DECISION, & APPEAL AUTHORITIES | |||||
R = REVIEW/RECOMMENDATION D = DECISION A = APPEAL < > = PUBLIC HEARING | CODE SECTION | ZONING ADMINISTRATOR |
COMMUNITY INVESTMENT DEVELOPMENT DIRECTOR | PLANNING AND ZONING COMMISSION | BOARD OF ADJUSTMENT | CITY COUNCIL |
Zoning clearance | 14.05.04A. | D | A | |||
Sign permit | 14.05.04B. | D | A | |||
Airport Overlay district permit | 14.05.04C. | D | A | |||
Minor variance | 14.05.04D. | D (1) | A | |||
Grading permit | 14.05.04E. | R | D (2) |
A | ||
Temporary use permit | 14.05.04F. | R | D (2) |
A | ||
Minor conditional use permit | 14.05.04G. | R | D (2) |
A | ||
Site/design review | 14.05.04H. | R | D (2) |
A | ||
Appeals of conditions or exactions | 14.05.01F. | R | A (3) | |||
Major conditional use permit | 14.05.04G. | R | <D> | A | ||
Parking-in-common plan | 14.05.04I. | R | <D> | A | ||
Major variance | 14.05.04D. | R | <D> (4) | |||
Abandonment of easement | 14.05.04J. | R | D | |||
Zoning Map or Code amendment | 14.05.04K. | R | R | R | D | |
Planned unit development | 14.05.04L. | R | R | R | D | |
General Plan amendment | 14.05.04M. | R | R | R | D | |
Notes: “Recommend” means that the review authority makes a recommendation to a higher decision-making body, “decision” means that the review authority makes the final decision on the matter, “appeal” means that the review authority may consider and decide upon appeals to the decisions of an earlier decision-making body, in compliance with § 14.05.03O. (1) The Zoning Administrator may defer action on applications and refer the items to the BOA for the final decision. (2) The Director may defer action on applications and refer the items to the BOA for the final decision. (3) Sitting as the Administrative Hearings Officer. (4) Any person(s) aggrieved by a decision of the BOA may, at any time within 30 days after the BOA has rendered its decision, file a complaint for special action in the Superior Court to review the BOA’s decision, in compliance with state law (A.R.S. § 9-362.06K.). | ||||||
(Ord. 16-1141, passed 2-23-2016)
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