General Provisions

Article 01 - Interpretation, Scope and Definitions

§ 154-01.01 Interpretation, Purpose and Conformity.

   (A)   In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote the health, safety, morals or general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other requirements. Except as herein provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provision of law or ordinances or any rules, regulations or permits previously adopted, except that any structures or uses of land or buildings commenced after the enactment of this chapter shall be subject to its provisions, and where there is a conflict between any previous law or ordinance, rule or regulation which might otherwise affect such structure or use, the provisions of this chapter shall control.

   (B)   Where any action in regard to a structure or use is regulated or controlled by more than one provision of this chapter, such action shall comply with all applicable provisions of both regulations, except that if a conflict exists the limitation or requirement which is most restrictive shall govern.

   (C)   The land use conformity matrix shall be used to determine consistency with the General Plan for zoning district changes. Arizona state law requires all zoning or rezoning ordinances, regulations or specific plans to be consistent with and conform to the land use element of the General Plan. The City General Plan land use element prescribes a range of land uses. This chapter prescribes a range of allowable uses and development standards for zoning districts of the city. The land use conformity matrix identifies the appropriate city zoning districts that are consistent with and conform to each land use designation identified in the General Plan land use element. The land use conformity matrix meets the purpose and intent of the General Plan to provide a guide for land use, development and on-going planning activities.

('80 Code, App. A, § 10) (Ord. 583, passed 9-16-1952; Ord. 1979, passed 1-7-1981; Ord. O2001-83, passed 10-3-2001; Ord. O2010-32, passed 7-7-2010)

§ 154-01.02 General Provisions for Buildings and Uses.

   (A)   Future changes; zoning effects, every structure and use. Except as hereinafter provided, no building, structure or premises shall hereafter be used, and no building or structure or part thereof shall be constructed, erected, leased, reconstructed, extended, moved, enlarged or materially altered except in conformity with the provision of this chapter for the district in which it is located.

   (B)   Ordinance not retroactive. If, at the time of the enactment of this chapter, any lot, building or structure is being used in a manner or for a purpose which does not conform to the provisions of this chapter and which is not prohibited by some other ordinance, such manner or use or purpose may be continued.

(Ord. O2010-32, passed 7-7-2010)

§ 154-01.03 Enforcement.

   (A)   Officials and employees. All officials and employees of the city vested with the authority or duty to issue permits shall conform to the provisions of this chapter and shall issue no permit, certificate or license for uses, purposes, buildings or structures in conflict with the provisions of this chapter; any such permit, certificate or license issued in conflict with the provisions of this chapter shall be null and void.

   (B)   Violations. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter, and any use of any land, building or premise established, conducted, operated or maintained contrary to the provisions of this chapter shall be, and the same is hereby, declared to be unlawful and a public nuisance; the Zoning Administrator shall immediately commence action or proceedings to abate, to remove or to enjoin occupancy of such building, structure or land in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant relief as will abate and remove such buildings or structures, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, occupying or using any such building or structure or using property contrary to the provisions of this chapter. The remedies provided for herein shall be cumulative and not exclusive.

('80 Code, App. A, § 200) (Ord. 583, passed 9-16-1952; Ord. 1378, passed 9-4-1974; Ord. O2010-32, passed 7-7-2010)

§ 154-01.04 Building Permits Already Issued.

Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit has been granted before this chapter becomes effective and the construction of which from such plans shall have been started within 60 days after this chapter becomes effective; except that if the building operation in question is discontinued for a period of not less than 60 days, any further construction shall be in conformity with the provisions of this chapter.

('80 Code, App. A, § 220) (Ord. 583, passed 9-16-1952; Ord. O2010-32, passed 7-7-2010)

§ 154-01.05 Fees and Charges.

   There is hereby established the following fees.

   (A)   Zoning applications.

 

	Fee
Airport district waiver	$500 for the first acre or portion thereof, plus an additional $50 for each additional acre, or portion thereof
All residential districts	$300 for the first acre or portion thereof, plus an additional $20 for each additional acre, or portion thereof
Amendment to an approved development plan	25% of original fee
Commercial and industrial districts	$500 for the first acre or portion thereof, plus an additional $50 for each additional acre, or portion thereof
PUD/planned unit shopping center	$500 for the first acre or portion thereof, plus an additional $50 for each additional acre, or portion thereof

 

   (B)   General Plan or text amendment applications.

 

	Fee
To amend land use plan map	$400 + $50/acre
To amend land use plan text	$400 per chapter of text
To amend zoning or subdivision regulation text	$400 per chapter of text

 

   (C)   Conditional use permit applications.

 

	Fee
All residential districts	$275
Commercial and industrial districts	$875
Downtown improvement district	$300

 

   (D)   Variance or appeal applications.

 

	Fee
All residential districts	$125 for the first acre or portion thereof, plus an additional $20 for each additional acre, or portion thereof
Appeal of ordinance interpretation	$200
Commercial/industrial districts	$500 for the first acre or portion thereof, plus an additional $20 for each additional acre, or portion thereof
Exception request	50% of variance fee
Minor variance	50% of variance fee

 

   (E)   Subdivision review applications.

	Fee
Amendment to an approved lot tie/lot split plat	$100 per request plus $15 per modification
Amendment to an approved subdivision plat	$500 per request plus $45 per modification
Extension of a preliminary plat approval	$95
Final plat	$300 + $2 per lot
Lot tie/lot split - multi-family or nonresidential	$300
Lot tie/lot split - single-family residential	$100
Preliminary plat	$1,000 + $5 per lot

 

   (F)   Miscellaneous applications.

 

	Fee
Aesthetic Overlay District design review	$100
Right-of-way or alley abandonment	$250
Street name change	$745
Written verification of zoning	$45

 

   (G)   Continuations for any of the above processes.

	Fee
Continued public hearing at request of applicant for 0—90 days (these fees are cumulative)	10% of original fee
Continued public hearing at request of applicant for 91—365 days (these fees are cumulative)	50% of original fee
Reconsideration of approved rezoning	75% of original fee
Request for changes to conditions of approved rezoning	60% of original fee
Time extension of approval	75% of original fee
Any property owner of land annexed into the city may file an application for rezoning, variance or conditional use permit at no charge within six months subsequent to the effective date of annexation. This provision does not include applications for a Planned Unit Development, Planned Unit Shopping Center or Airport District waiver.
If an application for rezoning and a planned unit development or planned unit shopping center designation are processed concurrently, only the planned unit development or planned unit shopping center fee shall be applicable.
All fees shall be due and payable at the time of filing any application for the Planning and Zoning Commission, Board of Adjustment or City Council agenda. The fee for a continued public hearing to a specific date shall be due and payable at the time of the request for continuance.
An annual increase in the above planning and zoning fees is to be done each subsequent July 1 based on the previous year’s West B/C Cost of Living Index.

 

   (H)   Engineering fees. There is hereby established the following engineering fees.

	Fee
Encroachment permit fees
Annual utility maintenance permit*	$100
Multi-family residential and all other permits	$40
Single-family residential permit	$15
Public infrastructure oversight fees**
1—25 lots	$75 per lot
26—60 lots	$60 per lot
61 + lots	$45 per lot
All after the fact permits	Double the normal fee
*This fee does not apply to APS, Southwest Gas or Century Communications.
** The public infrastructure oversight fees cover the following services:
(1) Review and approval of materials submittals;
(2) Oversight of utilities (water/sewer) construction;
(3) Inspection of stormwater drainage facilities construction;
(4) Inspection of street construction (streets, curb, gutter, sidewalks, pathways); and
(5) Inspection of non-water/sewer utilities in the public right-of-way.
These public infrastructure oversight fees do not cover the following services:
(1) ADEQ water and sewer related requirements;
(2) Surveying and construction staking;
(3) Landscape inspection;
(4) Inspection of non-water/sewer utilities in the public utility easements;
(5) Meter/service connection for water and sewer; and
(6) Inspection of private fire suppression underground lines.
An annual increase in the above planning and zoning fees is to be done each subsequent July 1 based on the previous year’s West B/C Cost of Living Index.

 

(Ord. O98-52, passed 7-1-1998; Ord. O2010-32, passed 7-7-2010)