Loading...
A. New and changed land uses or structures. It is unlawful for any person to establish, construct, reconstruct, alter or replace any use of land or structure, except in compliance with the requirements of this Development Code, unless compliance is not required by § 14.05.05.
B. Subdivision of land. Any subdivision of land proposed after the effective date of this Development Code shall be consistent with the minimum lot size and dimension requirements and all other applicable requirements of this Development Code.
C. Other requirements may apply. Nothing in this Development Code eliminates the need for obtaining any other permits required by the city, or any permit, approval or entitlement required by the regulations of any regional, state or federal agency.
(Ord. 16-1411, passed 2-23-2016)
Any structure or use that is altered, changed, constructed, converted, enlarged, erected, established, installed, maintained, moved, operated, or used contrary to the provisions of this Development Code or any applicable condition of approval imposed on a permit, is hereby declared to be unlawful and a public nuisance, and shall also be subject to the remedies and penalties identified in this chapter and Chapter 8.08 (Nuisances) of the Municipal Code.
(Ord. 16-1411, passed 2-23-2016)
A. Conflicting requirements. If conflicts occur between requirements of this Development Code, or between this Development Code, the Lake Havasu City Municipal Code or other regulations of the city, the most restrictive provision shall apply.
B. State law requirements. Where this Development Code references applicable provisions of state law, the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.
(Ord. 16-1411, passed 2-23-2016)
This Development Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
(Ord. 16-1411, passed 2-23-2016)
A. General.
1. The Zoning Administrator has the authority to interpret any provision of this Development Code. Interpretation of this Code includes clarification of intention and procedure, and determination of unspecified land uses and uncertainties pertaining to the Zoning Map.
B. Permitted uses.
1. Interpretation also includes determinations as to whether a use of land is permitted by this Development Code. If a proposed use of land is not specifically listed in Article II (Zoning Districts), the use shall only be permitted if the Zoning Administrator makes the following determinations:
a. The characteristics of, and activities associated with, the proposed use are equivalent to those of 1 or more of the uses listed in the zoning district as allowable, and would not involve a higher level of activity or population density than the uses listed in the district;
b. The proposed use would meet the purpose/intent of the zoning district that is applied to the subject site; and
c. The proposed use would be consistent with the goals and policies of the General Plan and any applicable specific plan.
2. If the Zoning Administrator determines that an unlisted use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Development Code would apply.
C. Zoning Map. Uncertainties regarding the location of a zoning district boundary on the Zoning Map shall be determined by the Zoning Administrator as follows:
1. If a district boundary approximately follows a lot, alley, or street line, this line shall be construed as the district boundary;
2. If a district boundary divides a lot and the boundary line location is not specified by distances on the Zoning Map, the location of the boundary will be determined using the Zoning Map scale; and
3. If a public street or alley is officially vacated or abandoned, the land that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.
D. Referral. Whenever the Zoning Administrator determines that the meaning or applicability of any Development Code requirement is subject to interpretation, the Zoning Administrator may issue an official interpretation, or may refer any issue of interpretation to the Board of Adjustment for its determination.
E. Procedure. A request for an interpretation or determination of the meaning or applicability of any of the requirements of this Development Code shall be made in compliance with Article V (Procedures and Enforcement).
(Ord. 16-1411, passed 2-23-2016)
A. An application for a permit or approval that has been accepted by the Department as complete prior to the effective date or any amendment shall be processed in compliance with the requirements in effect when the application was accepted as complete. Minor changes to applications in this category may also be processed pursuant to § 14.05.03N. in compliance with the requirements in effect when the application was accepted as complete, but major changes to applications in this category shall be processed pursuant to § 14.05.03N. in compliance with this Development Code.
B. An application for a permit or approval that has not been accepted by the Department as complete prior to the effective date, or that is submitted after the effective date, shall be processed in compliance with the requirements of this Development Code. Minor and major changes to applications in this category shall also be processed pursuant to § 14.05.03N. in compliance with the requirements of this Development Code.
(Ord. 16-1411, passed 2-23-2016)
ARTICLE II: ZONING DISTRICTS
Loading...