A. Zoning clearance.
1. Requirement.
a. A zoning clearance for a structure that is to be erected or remodeled shall be filed in conjunction with the companion building permit application;
b. A zoning clearance for the use of vacant nonresidential land or structure(s) shall be filed at least 14 days before the intended use inauguration;
c. In order to provide for an expeditious permit review/reconstruction process, which may only be available following the occurrence of a bona fide emergency (e.g., natural disaster, and the like), as determined by the Council, an emergency building permit and temporary zoning clearance may be issued by the appropriate city department; and
d. No person shall occupy, use, or alter any structure, or change any use, or type or class of use, without first applying for and obtaining the required zoning clearance.
2. Zoning Administrator’s action. The Zoning Administrator shall issue the zoning clearance after determining that the proposed development/improvement complies with all of the applicable standards and provisions for the category of use or the zoning district of the subject lot, in full compliance with the City Code and this Development Code.
3. Conflicting permits prohibited. All departments, officials, or public employees vested with the authority or duty to issue permits where required by law shall conform to the provisions of this Development Code. A permit for uses, structures, or purposes in conflict with the provisions of this Development Code shall not be issued. Any permit, issued in conflict with the provisions of this Development Code, shall be deemed void.
B. Sign permits. A sign permit shall be required to erect, construct, enlarge, move, alter, or reconstruct a sign except for signs that are exempt from permits in compliance with § 14.04.08D.
C. Airport Overlay District permit.
1. Future uses. Except as specifically provided in divisions C.1.a., C.1.b., and C.1.c. below, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any portion of the Airport Overlay District unless an Airport Overlay District permit has been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations in this division C. If the Zoning Administrator determines that the application complies with the regulations in this division C., the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in compliance with division D. below.
a. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 50 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features (e.g., structure or tree) would extend above the height limits prescribed for the zones.
b. In areas lying within the limits of the approach zones but at a horizontal distance of not less than 5,000 feet from each end of the runway, no permit shall be required for any tree or structure less than 30 feet of vertical height above the ground except when the tree or structure would extend above the height limit prescribed for the approach zones.
c. In the area lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 50 feet of vertical height above the ground, except when the tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the transition zones. Nothing in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure, or growth of any tree, in excess of any of the height limits established by this section, except as set forth in division D.4. below.
d. Existing uses. No permit shall be granted that would allow the establishment or creation of any obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this section or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for these permits shall be granted.
e. Obstruction marking and lighting. Upon a recommendation by the Federal Aviation Administration or the airport operator stating that lighting is necessary to achieve the goals of the Airport Overlay District and is reasonable under the circumstances, any permit or variance granted may be conditioned to require the owner of the structure or tree in question to install, operate and maintain, at the owners expense, markings and lights as may be necessary. Such a condition may be appealed to the BOA pursuant to § 14.05.03O. and may be modified by the BOA to require the owner to permit the city, at its own expense, to install, operate and maintain the necessary markings and lights.
D. Variances, minor and major.
1. Applicability. The provisions of this section allow for variances from the development standards of this Development Code.
a. Eligibility. A variance may only be granted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of this Development Code denies the property privileges enjoyed by other property in the vicinity and under the identical zoning district. These same special circumstances must create an unnecessary hardship, which is not the result of the actions of the applicant (or self-imposed by the property owner), or must represent an unreasonable regulation that makes it obviously impractical to require compliance with the development standards.
b. Special privileges prohibited. A variance shall not be granted that would have the effect of granting a special privilege not shared by other property owners in the vicinity and under identical zoning districts, or that is contrary to the public convenience, health, interest, safety, or welfare.
c. Use variances prohibited. The power to grant variances does not permit changes in allowable land uses, in compliance with state law (A.R.S. § 9-462.06H.1.). Flexibility in allowable land uses is provided in division G. below.
2. Review authority.
a. The Zoning Administrator may grant a minor variance in compliance with division D.3. below, or may defer action and refer the application to the BOA for formal action.
b. The BOA may grant a major variance in compliance with division D.4. below, or may serve as the review authority on a minor variance when requested by the Zoning Administrator.
3. Allowable minor variances. An application for a minor variance shall be considered by the Zoning Administrator only if it is of a type, and for an adjustment within the maximum limits, shown in Table 5-2 below. A request that exceeds the limitations identified in Table 5-2 shall require the filing of a major variance application in compliance with division D.4. below.
TABLE 5-2 MINOR VARIANCES PERMITTED | |
TYPE OF ADJUSTMENT REQUESTED | MAXIMUM ADJUSTMENT |
TABLE 5-2 MINOR VARIANCES PERMITTED | |
TYPE OF ADJUSTMENT REQUESTED | MAXIMUM ADJUSTMENT |
1. Area requirements. A decrease in the minimum area requirements. (Not including minimum lot area requirements - see number 4 below.) | 20% |
2. Detached accessory structures. A decrease in the minimum required rear setback for a detached accessory structure. | 10% |
3. Fence or walls. The construction of fences, gates, pilasters, or walls in the side and rear yards that exceed 6 feet in height. | 1-foot increase |
4. Lot area. A decrease in the minimum required lot area or size. | 10% |
5. Lot coverage. An increase in the maximum allowable lot coverage. | 10% |
6. Lot depth. A decrease in the minimum required lot depth. | 10% |
7. Lot dimensions. A decrease in the minimum required lot dimensions. | 20% |
8. Lot width. A decrease in the minimum required lot width. | 10% |
9. Open space. A decrease in the minimum open space requirements. | 10% |
10. Parking lot standards. A decrease in minimum parking lot and loading space dimensional standards (e.g., aisle, driveway, and space widths). | 10% |
11. Projections. An increase in the allowable projection of canopies, cornices, eaves, fireplaces, landings, masonry chimneys, overhangs, raised porches, stairways, and steps into a required setback area, but no closer than 3 feet to any property line. | 10% |
12. Setback areas. A decrease in the required front, side, and rear setbacks. | 10% |
13. Other standards. The Zoning Administrator shall also be allowed to vary other standards including minor operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, and the like | 10% |
4. Major variances. The BOA may grant an adjustment from the requirements of this Development Code governing only the following standards:
a. Any development standard identified in division D.3., above where the requested adjustment exceeds the maximum limits for a minor variances;
b. Dimensional standards including distance-separation requirements, fence and wall requirements, landscape and paving requirements, lighting, loading spaces, lot area, lot dimensions, parking areas, open space, setbacks, structure heights, and the like;
c. Number of off-street parking spaces, loading spaces, landscaping and the like;
d. Maximum lot grading standards;
e. Sign regulations (other than prohibited signs); and
f. A variance to erect or increase the height of any structure, or permit the growth of any tree, or use property in a manner not permitted by the Airport Overlay District, provided the application complies with the following provisions.
i. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.
ii. These variances shall be allowed where the review authority finds that a literal application or enforcement of the regulations will result in unnecessary hardship and the relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justices, and will be in compliance with the spirit of this section.
iii. No application for a variance to the requirements of the Airport Overlay Zone may be considered unless a copy of the application has been furnished to the Public Works Director for advice as to the aeronautical effects of the variance. If the Public Works Director does not respond to the application within 15 days after receipt, the BOA may act on its own to grant or deny the application.
iv. The applicant shall notify the FAA prior to the construction of a structure requiring a variance under this division D.4.
Other standards including operational/performance standards relating to dust, glare, hours of operation, landscaping, light, noise, number of employees, and the like.
5. Notice and hearings.
a. Minor variances. Notwithstanding the provisions of § 14.05.03H., an application for a Zoning Administrator’s decision on a minor variance shall be noticed by posting the subject site and notifying immediately adjoining neighbors.
6. Findings and decision.
a. Following a public hearing, if required, the review authority may approve a variance application, with or without conditions.
b. The applicable review authority shall record the decision in writing with the findings on which the decision is based.
c. A variance application may be approved if it complies with the following criteria:
i. Because of special circumstances applicable to the subject property including, location, shape, size, surroundings, topography, or other conditions the strict application of this Development Code deprives the property of privileges enjoyed by other property of the same classification in the same or an identical zoning district; or
ii. The special circumstances create an unnecessary hardship, which is not the result of the actions of the applicant or self-imposed by the property owner; and
iii. Granting the variance would not constitute a grant of special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the subject property is located; and
iv. Granting the variance would not be materially detrimental to the public convenience, health, interest, safety, or welfare of the city, or injurious to the property or improvements in the vicinity and zoning district in which the subject property is located.
7. Compliance with findings. In approving a major or minor variance, the review authority may impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, and the like) deemed reasonable and necessary to:
a. Ensure compliance with the general purpose of this section, and the goals and policies of the General Plan and any applicable specific plan;
b. Ensure that the variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and under the identical zoning district in which the property is located;
c. Ensure that the approval would be in compliance with the findings required by division G. above; and
d. Protect the best interests of the surrounding property or neighborhood, and to preserve the public health, safety, and general welfare.
8. Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation in this Development Code shall apply following the approval of a variance.
E. Grading permit for 1- and 2-family dwellings.
1. Permit and fees required. Grading or the placement of fill shall not occur on any lot until a grading permit has been obtained from the Director and the permit has been posted on the subject lot. This requirement is supplemental to and in addition to any requirements of the adopted Building Code. Building permits shall not be issued prior to the issuance of a grading permit.
2. Height of building site on upward sloping lots.
a. On upward sloping lots the building site may not be higher than the average height of the lot excluding setbacks and easements. The average lot grade shall be calculated by adding the grade elevations at the intersection of the setback corners and dividing by the number of corners. The Director may establish higher elevations of up to 2 feet above the average lot grade. No import of fill material shall be allowed to achieve the desired grade height and the exception shall not be for the purpose of building a structure in excess of the maximum building height as allowed by the zoning district standards. Approval of the 2-foot exception shall be requested prior to the final grading inspection on the appropriate form available in the Community Investment Department. A pad certification by a registered Arizona land surveyor shall be submitted to the Building Department to verify the pad height.
b. If a building pad elevation higher than that provided for above is requested, the following criteria shall be used to determine the maximum allowable grade. Additionally, a topographic plan, containing the following information, prepared by an appropriately licensed Arizona registrant, shall be submitted to the Director:
i. Topography;
ii. Proposed and existing grades at the lot corners, setback corners, and proposed building pad corners;
iii. Proposed average lot floor elevations, building pad dimensions, and pad square footage;
iv. Cut and fill quantities;
v. Driveway location and dimensions;
vi. Reference points of adjoining lots, and/or structures;
vii. Method of slope retention.
c. The following criteria shall be met or the increase in the grade height shall not be approved:
i. The adjusted lot grade shall be determined by balancing the on-site cut and fill so as to create a minimum allowable building pad of 7,000 square feet, or 5,000 square feet for lots of 12,000 square feet or less.
ii. No import of fill material shall be allowed or be necessary for the creation of the minimum pad.
iii. On-site materials shall be used to grade driveway access to the building pad.
iv. All retained and non-retained slopes shall conform to the Grading and Excavations Chapter of the adopted Building Code.
d. If the applicant requests a building pad elevation in excess of that allowed by the above criteria, a request for a variance from the provisions of this section shall be submitted to the BOA pursuant to division D. above.
e. A registered Arizona land surveyor shall certify the final grade height.
3. Height of building site on downward sloping lots.
a. Lots with a major portion of the lot grade lying below the base elevation may be filled to accommodate a building pad area no more than 1 foot above the base elevation.
b. Fills shall be placed, watered, and compacted in layers not to exceed 12-inch lifts, performed by a properly licensed testing laboratory or Arizona registered professional engineer, certifying a minimum of 90% of the maximum density as determined by the adopted Building Code standards or equivalent. A minimum of 3 locations shall be inspected for compliance. All grading operations shall be done in a dust free manner and shall comply with local, state, and federal laws regarding dust reduction.
4. Excavation safety measures. Grading plans that include slopes that exceed a 2:1 and depths that exceed 3 feet at any time during construction activity shall include on the grading plan specific measures to ensure that the excavations are protected from public encroachment. Measures shall be approved by the Building Official and may include:
a. Physical barriers, including berms, temporary fencing, or other suitable obstructions;
b. Warning lights, signs, or banners that will clearly indicate the danger to trespassers of all ages; and
c. Where possible, stable trench coverings.
5. Conformance to adopted Building Code. All grading activities shall be in compliance with the applicable provisions of the adopted Building Code and this Development Code.
6. Watershed preservation. Planned or average lot grades shall preserve the natural watershed.
7. Exploratory inspections. In the event of grading without a permit or inspections, exploratory inspections shall be performed by an appropriate Arizona registered professional to ensure code compliance. Substandard grading shall be evaluated and a report prepared with recommendations for correction shall be submitted to the Building Official for review and approval. Once approved, corrective measures shall be performed under the direction of the engineer.
F. Temporary use permits.
1. Permit required. Except for those exempt temporary uses listed in division F.2.below, no temporary land use shall be established, operated, or conducted unless a temporary use permit has first been approved in compliance with this section. The following 2 categories of temporary uses identify the level of permit required, if any, based on the proposed duration, size, and type of use:
a. Limited day or weekend temporary uses not to exceed 3 consecutive days identified in § 14.03.02.
b. Allowed temporary uses up to 30 days or as identified in § 14.03.02.
2. Exempt temporary uses. The following minor and limited duration temporary uses are exempt from the requirement for a temporary use permit. The Director shall have the authority to determine if a proposed use, not identified within this division F.2., would also qualify for an exemption from the requirement for a temporary use permit.
a. Car washes, limited to a maximum of 2 days each month for each sponsoring organization, on non-residential properties. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with § 501(c) of the Federal Revenue and Taxation Code.
b. On-site contractors’ construction yards, in conjunction with an approved construction project on the same site. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion building permit authorizing the construction project, whichever first occurs.
c. Emergency public health and safety needs/land use activities, as determined to be a true “emergency” by the Director.
d. Garage sales are exempt from the requirement for a temporary use permit; provided, that sales occur no more often than 2 times per year per residence, for a maximum of 3 consecutive days each.
e. A 1-time event that is limited to a single day and within the hours of 7:00 a.m. to 11:00 p.m. Only 1, 1-time event is allowed per person, business, or group each calendar quarter.
3. Application filing, processing, and review.
a. An application for a temporary use permit shall be filed with the Department.
b. The application shall be accompanied by the information identified in the Department handout for temporary use permit applications.
c. An application for a limited day or weekend temporary use permit shall be submitted for approval at least 2 days before the date that the proposed use is scheduled to take place.
d. An application for a temporary use permit shall be submitted for approval at least 15 days before the date that the proposed use is scheduled to take place.
e. A public hearing shall not be required for a decision on a temporary use permit.
4. Standards.
a. Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for temporary uses.
b. The Director may authorize an adjustment from the specific standards deemed necessary or appropriate consistent with the temporary nature of the use.
c. All materials and structures associated with the temporary use shall be removed within 10 days after the actual termination of operations, or after the expiration of the temporary use permit, whichever first occurs.
d. A minimum of 30 days shall pass between the issuance of a new temporary use permit and (1) the expiration of a similar temporary use permit for the same property, or (2) the actual removal of the materials and structures associated with the former use, whichever last occurs.
e. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, state, or federal requirements.
5. Findings and decision. A temporary use permit may be approved, modified, conditioned, or disapproved by the Director. The Director may defer action and refer the application to the Commission for review and decision at a scheduled public hearing. The Director may approve or conditionally approve a temporary use permit application, only after first finding that:
a. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;
b. The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city;
c. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Development Code;
d. Adequate provisions have been made for fire protection, traffic access, parking, and circulation;
e. The use would meet all applicable county and state health and sanitation requirements;
f. The time limit for the temporary use is the minimum necessary to achieve the applicant’s intent; and
g. The temporary use would be compatible with the uses allowed in the subject zoning district.
6. Conditions of approval. In approving a temporary use permit, the Director may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by division F.5. above, and to preserve the public health, safety, and general welfare.
7. Condition of site following temporary use. Each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this Development Code. The review authority may require appropriate security before initiation of the use to ensure proper cleanup after the use is finished.
8. Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation in this Development Code shall apply following the approval of a temporary use permit.
G. Conditional use permits, minor and major.
1. Applicability. A conditional use permit is required to authorize proposed land uses and activities identified by § 14.03.02 as being allowable in the applicable zoning district subject to the approval of a conditional use permit.
2. Review authority.
a. The Director may approve a minor conditional use permit for any use listed in § 14.03.02 as requiring a conditional use permit where:
i. The proposed use involves less than 5,000 square feet of indoor space; and
ii. The proposed use involves less than 1 acre of outdoor activity space; and
iii. The Director determines that the proposed use will not have significant traffic or parking impacts on surrounding properties.
b. If a proposed conditional use meets the criteria in division G.2.a. above, but the Director determines that it includes unusual site or performance features, the Director may defer action and refer the application to the Commission for formal action.
c. The Commission may approve a major conditional use permit for any use listed in § 14.03.02 as requiring a conditional use permit, and that does not meet the criteria for action by the Director as a minor conditional use in division G.2.a. above.
3. Application review, notice, and hearing.
a. Minor conditional use permit. The Director may approve a minor conditional use permit without a hearing if the Director determines that it meets the required findings in division G.4. below.
b. Major conditional use permit.
i. The Director shall review each major conditional use permit application to ensure that the application is consistent with the purpose and intent of this division G. The Director shall submit a staff report and recommendation to the Commission for their consideration.
4. Findings and decision. The review authority may approve or disapprove an application for a minor or major conditional use permit and shall record the decision and the findings upon which the decision is based. The review authority may approve the permit only after first finding that:
a. The proposed use is allowed with a minor or major conditional use permit, as appropriate to the request, within the applicable zoning district and complies with all applicable provisions of this Development Code;
b. The proposed use is consistent with the goals and policies of the General Plan and any applicable specific plan;
c. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;
d. The use, as described and conditionally approved, would not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city;
e. The subject site is adequate in terms of size, shape, topography, and circumstances and has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic expected to be generated by the proposed use; and
f. The design, location, operating characteristics, and size of the proposed use would be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection.
5. Conditions of approval. In approving a permit, the review authority may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by division G.4. above, and to preserve the public health, safety, and general welfare.
6. Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation in this Development Code shall apply following the approval of a temporary use permit.
H. Site/design review.
1. Purpose. The purpose of this section is to provide procedures for the review and approval/ disapproval of site/design review applications in order to guide the physical development of the city, consistent with good site and architectural principles. Specific objectives include the following:
a. To implement the goals and policies of the adopted General Plan related to site and development design;
b. To establish community design and aesthetics as planning considerations in evaluating new development;
c. To develop and implement policy that will encourage appropriateness and compatibility of new development with the existing natural and manmade environment, existing community activity patterns, and community identity; and
d. To develop and implement policy that will minimize or eliminate adverse visual effects caused or perpetuated by the location and design of new development, including effects from the following:
i. The architectural design, area, height, mass, and scale of structures;
ii. Vehicular and pedestrian access ways and parking areas;
iii. Existing or proposed alteration of natural topographic features and waterways; and
iv. Other development or structures, including utility lines, storage or service areas, and advertising features that may result in interference with sun and light exposure, privacy, and the general aesthetic value of the neighborhood or area.
2. Applicability.
a. Site/design review approval required. A use shall not be established nor shall a building permit be issued for a new structure, or for the substantial alteration of any existing use or structure, until a site/design review application including drawings, elevations, plans, site plans, and other documents have been reviewed and approved by the Director in compliance with the requirements of this division H.
b. Exempt projects. Exceptions to this requirement include only single- and 2-family dwelling units. Manufactured home parks and recreational vehicle parks shall require site/design review.
3. Applicable review authority. The Director shall be the responsible authority for the review and approval/disapproval of site/design review applications.
4. Consolidation of subdivision applications. All applications submitted to the Department for approval of preliminary subdivision plats, in compliance with Title 13, shall be accompanied by a site/design review application and supporting documents required by this section. The Director shall waive the requirements identified in this division H.4. in those cases where an applicant does not plan the construction of structures upon the real property proposed to be subdivided.
5. Construction consistent with approved plans required. All construction, site development, and landscaping shall be carried out in substantial compliance with the drawings, plans, sketches, and other documents approved in compliance with this division H., unless a change to those plans is approved pursuant to § 14.05.03N.
6. Procedure.
a. The Director shall have the responsibility of coordinating the site/design review process and determining whether the application meets the standards and requirements of this division H.
b. The Director shall approve a site/design review application if the Director makes a finding that the application meets the criteria in division H.7. below.
c. A prospective applicant may request the Director to arrange a preapplication conference in compliance with § 14.05.03B. The preapplication conference shall include review of applicable development standards.
7. Criteria for design review. In considering an application for site/design review, the Director’s decision shall be governed by the following criteria:
a. The materials used in construction and finishing the structure(s), and the elevations of the structure(s), shall be compatible with the materials and elevations of the structures in the immediate vicinity of the applicant’s request;
b. The overall design of the structure(s) and its site shall not adversely affect the present or potential development of the nearby properties or the traffic pattern on abutting streets by virtue of the type of structure(s), sign(s), or their placement on the lot and the location of parking and driveway access areas;
c. All screening walls shall be compatible with the structure's design, color, and materials;
d. Access, sewage disposal, water and other public services to and for the site shall be adequate to serve the proposed development;
e. Specific provisions of deed restrictions and covenants to be recorded with the plat shall, where applicable, be adequate to ensure proper maintenance of all common areas or elements by the current and future property owners;
f. On-site vehicular and pedestrian traffic circulation and parking shall be adequate and convenient to serve the intended users; and
g. Landscaping shall be used, as necessary, to enhance, soften, or screen architectural features from street view or from the view of adjoining properties. Details of landscaping watering systems shall be adequate to ensure appropriate maintenance of all plant materials on the site, in compliance with § 14.04.04.
8. Notice of decision. A notice of decision by the Director concerning all site/design review applications shall be mailed to the applicant, posted on the city website 7 days following the date on which the decision was rendered, and published once at least 7 days before the decision becomes effective. The notice of decision shall contain the address or legal description of the subject property, a description of the proposed use, information as to where and when approved plans for the development may be reviewed, and information concerning how an appeal of the Director’s decision may be filed.
9. Appeal of Director’s decision. Appeals of the Director’s decision shall be pursuant to § 14.05.03O., except as modified in this division H.9.
a. Eligibility to file an appeal is limited to the applicant, any owner of a property located within 300 feet of the subject site, or the Commission.
b. The Commission may affirm, reverse, or modify the decision being reviewed, and the decision of the Commission is final.
10. Validity of Director’s approval.
a. The approval of the Director shall remain valid for a period of 12 months from the effective date of the approval.
b. If, at the end of that time, construction has not begun in compliance with § 14.05.03L., site/design review approval shall expire and shall be in effect only if resubmitted for approval in compliance with this division H.
c. Any departure from the approved plans shall be cause for revocation of the building permit, disapproval of an occupancy permit, or revocation of an occupancy permit, unless the changes are approved in advance, in compliance with § 14.05.03N.
11. Conditions of approval. In approving a design review, the Director may impose conditions (e.g., buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation deemed reasonable and necessary to ensure that the approval would be in compliance with the purpose and provisions of this section, and to preserve the public health, safety, and general welfare.
12. Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation in this Development Code shall apply following the approval of a site/design review.
I. Parking-in-common plan.
a. Authority. The Commission shall have authority to approve parking-in-common plans and modifications to those plans.
b. Application. In addition to the provisions of § 14.05.03C. an application for approval or modification of a parking-in-common plan shall meet the following requirements:
i. An application for approval of a parking-in-common plan shall be submitted by all of the property owners for which it will provide off-street parking required by § 14.04.02 if approved.
ii. An application for modification of an existing parking-in-common plan shall be submitted by 75% of the property owners for which it currently provides off-street parking required by § 14.04.02, as well as those property owners for which it will provide off-street parking required by § 14.04.02 if approved.
c. Criteria and decision. The Commission may approve a parking-in-common plan, or a modification of an existing parking-in-common plan, if it makes the following findings:
i. The proposed plan or modification will provide adequate off-street parking for the included property owners, taking into account the minimum off-street parking requirements of § 14.04.02 and any potential sharing of spaces among the included property owners based on differences in peak hour parking demands and the variety of land uses to be covered by the application.
ii. Approval of the proposed plan or modification will not increase traffic congestion on public or private streets near the included properties or on any property containing a residential land use within 300 feet of the included properties.
iii. Approval of the proposed plan or modification will not result in any property becoming nonconforming with regard to required off-street parking, unless that property owner consents in writing to the creation of that nonconformity.
J. Abandonment of easements.
1. Procedure.
a. Preapplication conference required. A prospective applicant for an abandonment of easement shall schedule a preapplication conference with the Director for the purpose of reviewing procedural and review requirements necessary to carry out the applicant’s request for abandonment.
b. All costs to be borne by applicant. All costs associated with the abandonment shall be borne by the applicant.
c. State and agency review. Upon acceptance of the application, the Director shall transmit the application materials to appropriate review agencies and staff departments.
d. Council approval required. The Director shall transmit a copy of the application materials, Department findings and recommendations to the Council, which shall act to approve, approve with modifications, or disapprove the application, in compliance with division J.2. below.
2. Conditions, findings, and decision. In order for an easement to be abandoned, the following conditions and findings shall apply:
a. Guying requirements. Where there is a 10-foot by 50-foot guying requirement on the public utility easement (PUE) for the specific purpose of guying a utility pole, abandonment of a 10-foot by 25-foot portion may be considered.
b. Relocation of easement. In association with the combination of lots, consideration may be given to the relocation of an existing PUE to another location within the affected lots. However, it shall be noted that in many cases these PUEs cannot be relocated due to existing facilities or due to the location of the existing PUE being contiguous with other PUEs within the area.
c. Written approval required. Written approval from all affected utility companies shall be necessary before the abandonment is approved.
d. Findings. Unless it is determined that the easement and utility services or drainage facilities can be properly relocated, the following findings shall be made before Council approval of a request to abandon. The easement shall not:
i. Contain utility lines of any nature in that portion to be abandoned;
ii. Be used to convey street run-off waters to established wash facilities; and
iii. Be required for future systems expansion by any public or private utility.
3. Abandonment to be recorded. The city shall be responsible for recording the abandonment in the Office of the County Recorder following Council approval.
K. Development Code and Zoning Map amendments. This section establishes provisions for the amendment of this Development Code or the Zoning Map whenever required by public necessity and general welfare, in compliance with state law (A.R.S. §§ 9-461.06 and 9-462.03).
1. Initiation of amendment. An amendment to this Development Code or the Zoning Map shall be initiated by the Council, or by the owner(s) of property that would be the subject of or affected by the amendment, or by an agent for one or more of those owner(s).
2. Citizen review process for Zoning Map amendments.
a. Purpose. The purpose of the citizen review process is to:
i. Ensure that citizens and property owners have sufficient time to learn the substance of Zoning Map amendments that may affect them; and
ii. Ensure that applicants communicate with citizens regarding Zoning Map amendments to promote early and effective citizen participation, and that the applicants work with citizens to resolve concerns at an early stage in the process.
b. Citizen review plan. A citizen review plan shall be submitted with the application and implemented before the notice of the first public hearing. At a minimum, the citizen review plan shall include the following:
i. The means by which land owners and other potentially affected citizens and landowners within 300 feet of the subject project will receive early notification by the applicant of the substance of the request in order to promote early citizen involvement. The applicant’s notification shall be made before submittal of the application to the city.
ii. The early notification by the applicant shall also identify the method by which adjacent landowners, and other potentially affected citizens, will be provided an opportunity to express any issues or concerns before the notice of the first public hearing.
iii. Additional information as required on the “Citizen Review Process Checklist” provided by city staff. The Director has the authority to prepare and amend the “Citizen Review Process Checklist” and the Department and the City Clerk’s office shall make the “Citizen Review Process Checklist” available to the public for inspection and copying.
iv. The applicant shall be responsible for notifying parties identified in the citizen review plan of any modification(s) to their proposal before the notice of the first public hearing. The means of notification of the modification(s) shall be identified in the citizen review report described in division D.2.c. immediately below.
c. Citizen review report. The applicant shall also provide to the city staff a written report of the results of their citizen review effort before the notice of the first public hearing.
i. This report on the applicant's citizen review effort shall be included with the Department’s public hearing report.
ii. The means of notifying citizens identified in the case of a modification(s) shall be identified in the citizen review report.
iii. If the citizen review report has been submitted and an additional modification(s) occurs, the applicant shall submit an addendum to the citizen review report.
iv. The addendum shall describe the citizen involvement process that provided citizens with the opportunity to review and comment on the modification(s).
d. Incomplete citizen review plan and/or report. If the citizen review plan and/or report do not meet the requirements identified above, the application for the Zoning Map amendment shall be considered incomplete and shall not be scheduled for public hearing.
3. Commission hearings, notice and action.
b. Following the Commission’s hearing on the proposed amendment, a written staff report shall be prepared that shall include detailed recommendations to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in division K.6. below.
4. Council hearing, notice, and action.
b. Upon receipt of the Commission’s recommendation, the Council shall approve, approve in modified form, or disapprove the proposed amendment based upon the findings in division K.6. below.
5. Zoning Map amendment protest.
a. Twenty percent protest. If the owners of 20% or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property file a written protest against the amendment, the Zoning Map amendment shall only become effective by the favorable vote of 3/4 of the Council, in compliance with state law (A.R.S. § 9-462.04H.). If any members of the Council are unable to vote because of a conflict of interest, then the required number of votes for passage of the question shall be 3/4 of the remaining membership of the Council, provided that the required number of votes shall in no event be less than a majority of the full membership of the Council. The vote shall be rounded to the nearest whole number.
b. Protest deadline. A protest filed pursuant to this subsection shall be signed by the property owners opposing the proposed amendment and filed in the City Clerk's office not later than 12:00 noon 5 business days before the date on which the council will vote on the proposed amendment.
c. Zoning area. For the purposes of this section, "zoning area" means both of the following:
i. the area within 150 feet, including all rights-of-way, of the affected property subject to the proposed amendment or change.
ii. the area of the proposed amendment or change.
6. Findings required. An amendment to this Development Code or the Zoning Map may be recommended for approval by the Commission, and may be approved by Council only if the review authority first finds all of the following as applicable to the type of amendment proposed.
a. Findings required for all Development Code and Zoning Map amendments.
i. The proposed amendment is consistent with the maps and policies of the General Plan and any applicable specific plan; and
ii. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city.
b. Additional finding for Development Code amendments. The proposed amendment is consistent with other applicable provisions of this Development Code.
c. Additional findings for Zoning Map amendments.
i. The area under consideration is an appropriate area for treatment as a unit in zoning;
ii. A current public need has been demonstrated for the range of uses allowed by the requested zoning district;
iii. The public need is best met by the proposed Zoning Map change on the proposed land as compared with other viable property zoned for the proposed uses or susceptible to rezoning for the proposed uses;
iv. The surrounding property would not be adversely affected by approval of the request, or the adverse effects are properly addressed by conditions that may be placed on the approval;
v. All public safety facilities and all public facilities and services to the uses allowed by the proposed zoning are available, or may be made available in conjunction with development, and the construction of any required improvements needed to meet city standards is guaranteed by binding agreement between the developer and the city or are programmed for installation in the city’s Capital Improvement Plan for the current year. Public facilities and services shall include drainage, sewer, transportation, and water services that conform to adopted master service plans and are installed in compliance with adopted city construction standards; and
vi. Areas requested to be rezoned for multi-family, commercial, or industrial uses shall, as a prerequisite to approval of the requested zoning, be first included within a city drainage, sewer, and water service district for which master service plans have been adopted.
7. Effective date. A Development Code/Zoning Map amendment shall become effective after the thirtieth day following the adoption of an ordinance by the Council.
L. Rezoning to Planned Development Overlay.
1. General. An application for rezoning to the Planned Development Overlay District shall be treated as an amendment to the Development Code and to the Zoning Map, and shall be reviewed and a decision on the application made pursuant to division K. above except as those provisions are modified by this division L.
a. At the request of the applicant, an application for rezoning to the Planned Development Overlay District may be considered simultaneously with, or to be combined with, a preliminary subdivision plat approval. If simultaneous preliminary plat approval is requested, the rezoning application must contain all information required for a preliminary plat as shown in Chapter 13 of the Code of Lake Havasu City, and any other additional information as stated below.
b. The application for rezoning to a Planned Development Overlay District shall include a general development plan meeting the requirements of division L.2.b. below, and the general development plan shall be reviewed by the Commission and Council as part of the rezoning application.
c. The application for rezoning to a Planned Development Overlay District shall include architectural design and general development standards meeting the guideline for design in § 14.02.06D.4., and the documents shall be reviewed by the Commission and Council as part of the rezoning application.
2. Special procedures.
a. Preapplication conference required. The applicant for Planned Development Overlay District approval shall schedule a preapplication conference with the Director pursuant to § 14.05.03B.
b. General development plan required.
i. The applicant shall submit a general development plan with the application for approval of a Planned Development Overlay District.
ii. The general development plan shall contain information required by the city and a general layout of proposed land uses and development intensities, and the general locations of buildings, public and private streets, and access ways.
iii. The application may also include an application for site/design review if it contains all of the information required of a site/design review application.
iv. The application may also include a preliminary or final subdivision plat if it contains all of the information required of a preliminary or final plat in compliance with Title 13 of the Code of Lake Havasu City.
3. Review factors. In considering and acting upon applications for rezoning to the Planned Development Overlay District, the Planning Commission and City Council shall consider and base their recommendation and decision, respectively, on the following information:
a. Quality of site design;
b. Integration of a variety of land uses, building types, and densities;
c. Preservation of natural features;
d. Compatibility with adjacent land uses;
e. Provision and type of open space and the provision of other amenities designed to benefit the general public; and
f. Adequacy of utilities and other public facilities.
4. Required findings. Following the required public hearing, the review authority may approve, conditionally approve, or disapprove a Planned Development Overlay application and shall record the decision and the findings upon which the decision is based. The Commission may recommend approval, and the Council may approve, the Planned Development Overlay (including the general development plan and any related applications) only after first finding that:
a. The proposed development shall be consistent with and conform to the Lake Havasu City General Plan;
b. The exceptions from the standards of the underlying district are warranted by the design and amenities incorporated into the development plan and program;
c. The proposal is in harmony with the surrounding area or its potential future use, and incorporates unified or internally compatible architectural treatment;
d. The system of ownership and the means of developing, preserving, and maintaining open spaces is suitable;
e. The approval will have a beneficial effect on the area that could not be achieved under the primary planning designation for the area;
f. The proposed development, or a unit thereof, can be substantially completed within 3 years from the date of approval;
g. Adequate public facilities and services are available or are proposed to be made available in the construction of the project; and
h. The general objectives of the Planned Development Overlay District and the applicable objectives of the various categories of planned development have been met.
5. Deed restrictions. The Planning Commission may require filing of deed restrictions to help carry out the intent of this resolution and specifically the intent of the Planned Development Overlay District.
6. Timing of development.
a. Any project in a Planned Development Overlay District that requires more than 12 months to complete shall be constructed in phases substantially complete in themselves, and a phasing plan shall be submitted and approved as a part of the general development plan.
b. The Council may require that development be done in phases if public facilities and services are not adequate to initially serve the entire development.
c. If substantial construction or development has not taken place within 3 years from date of Council approval of the general development plan, the Council may review the district at a public hearing at the formal request of the Zoning Administrator to determine whether or not its continuation in whole or in part is in the public interest, and if found not to be, shall act to remove the Planned Development Overlay District from the property. The Council, at the request of the applicant, may grant an extension of time, if justifiable.
7. Changes in approved plans. Notwithstanding the provisions of § 14.05.03N., changes to an approved general development plan or to other documents or approvals related to a planned development shall comply with the following:
a. Minor changes. The Commission may approve changes that do not increase the densities, do not change boundaries, do not change any use, and do not change the location or amount of land devoted to a specific land use.
b. Major changes. Proposed changes that do not qualify for approval by the Commission under division L.7.a. above, shall require the filing of a new general development plan, which shall be reviewed and a decision on the application made in the same manner as the approval of the original general development plan.
M. General Plan amendment. This section establishes provisions for the amendment or re-adoption of the General Plan, whenever required by public necessity and general welfare, in compliance with state law (A.R.S. § 9-461.06). A General Plan amendment may include revisions to text, maps, or diagrams.
1. Initiation of amendment. An amendment to the General Plan shall be initiated by the Council, or by the owner(s) of property that would be the subject of or affected by the amendment, or by an agent for 1 or more of those owner(s).
2. Hearings and notice.
a. Scheduling of hearings.
i. Minor amendment. The city will consider minor General Plan Amendments, as defined by this Code, at any time during the year, in accordance with this division M., in compliance with state law.
ii. Major amendment. The city will consider major General Plan amendments, as defined by this Code, in compliance with state law. Major amendment applications shall be presented to the City Council at a public hearing within 12 months of when the proposal is made.
b. Commission hearings for General Plan amendments.
i. Minor amendment. When reviewing a minor General Plan amendment, after considering any recommendations from the reviewing bodies required under state law (A.R.S. § 9-461.06D.) the Commission shall hold at least 1 public hearing at a location designated within the City Public Improvement Plan, on file in the City Clerk's Office, and as it may be amended from time to time, in order to encourage citizen participation in the planning process, in compliance with state law (A.R.S. § 9-461.06).
ii. Major amendment.
(A) When reviewing a major amendment, after considering any recommendations from the reviewing bodies required under state law (A.R.S. § 9-461.06D.) the Commission shall hold at least 2 public hearings at different locations designated within the City Public Improvement Plan, on file in the City Clerk's Office, and as it may be amended from time to time, in order to encourage citizen participation in the planning process, in compliance with state law (A.R.S. § 9-461.06).
c. Council hearings for General Plan amendments.
i. Any amendment. When considering any General Plan amendment, the Council shall hold at least 1 public hearing at a location designated within the City Public Improvement Plan, on file in the City Clerk's Office, and as it may be amended from time to time, in order to encourage citizen participation in the planning process, in compliance with state law (A.R.S. § 9-461.06).
ii. Major amendment.
(A) A 2/3 majority vote of Council is needed for adoption, re-adoption, or a major amendment to the General Plan.
d. Notice of hearings. Notice of the hearings shall be given in compliance with § 14.05.03H., except that if published notice is not feasible, notice shall be posted in at least 10 public places in the municipality, in compliance with A.R.S. § 9-461.06.
3. Citizen review process. Citizen review of General Plan amendments shall be in accordance with division K.2. above and state law.
4. Commission action. Following the Commission's hearing on the proposed amendment, a written staff report shall be prepared that shall include detailed recommendations to the Council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in division M.6. below.
5. Council action. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or disapprove the proposed amendment based upon the findings in division M.6. below.
6. Findings and decision. An amendment to the General Plan may be recommended for approval by the Commission, and may be approved by Council, only if all of the following findings of fact can be:
a. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the city; and
b. The site is physically suitable (including absence of physical constraints, access, and compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land use developments.
7. Effective date. A General Plan amendment shall become effective 30 days following the date of adoption by Council in accordance with § 14.05.03K.3.
(Ord. 24-1323, passed 1-9-2024; Ord. 23-1311, passed 6-27-2023; Ord. 18-1210, passed 12-11-2018; Ord. 17-1188, § 1, passed 11-14-2017; Ord. 16-1141, passed 2-23-2016)