Sections:
10-10.30.010 Authority
10-10.30.020 Responsibility for Administration
10-10.30.030 Applicability
10-10.30.040 Rules of Interpretation
10-10.30.050 Rules for Construction of Language
10-10.30.060 Computation of Time
10-10.30.070 Calculation of Fractions
10-10.30.080 State Law Requirements
10-10.30.090 Rules of Transition
10-10.30.010 Authority
This Zoning Code is enacted based on the authority vested in the City by the Arizona Constitution, Article XIII, the Flagstaff City Charter, and Arizona Revised Statutes, Title 9, Chapter 4.
10-10.30.020 Responsibility for Administration
A. Responsible Bodies and Individuals. This Zoning Code shall be administered by the Zoning Code Administrator and the Director. See also Section 10-10.30.030, Applicability.
B. Exercise of Discretion. In the event that a provision of this Zoning Code allows the exercise of discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used in exercising discretion:
1. The proposed development complies with all applicable provisions of this Zoning Code;
2. The exercise of discretion will act to ensure the compatibility of the proposed development with its site, surrounding properties, and the community; and
3. The decision is consistent with the General Plan.
10-10.30.030 Applicability
In addition to all applicable Federal, State, and county laws and regulations governing land use and development, this Zoning Code applies to all land within the City, as follows:
A. New Land Uses or Structures, Changes to Land Uses or Structures. No building, structure, or land shall be used or occupied, and no building, structure, or land shall be constructed, replaced, occupied, enlarged, or altered, nor shall any applicable permit be issued unless in conformity with all the provisions of this Zoning Code for the zone in which it is located and other applicable regulations except as provided in Division 10-20.60 (Nonconforming Provisions).
B. Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning Code shall be consistent with the minimum lot size requirements of Chapter 10-30 (General to All), Chapter 10-40 (Specific to Zones), City Code Chapter 11-20 (Subdivision and Land Split Regulations), and all applicable requirements of this Zoning Code.
C. Property Owned by Federal or State Agencies. The provisions of this Zoning Code shall not apply to property owned by the United States of America or any of its agencies, the State of Arizona or any local agency not required to comply with this Zoning Code by State law. All exempt agencies are encouraged to design any new developments in compliance with the standards set forth in this Zoning Code and to cooperate in meeting the goals and objectives of this Zoning Code and the General Plan.
(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))
10-10.30.040 Rules of Interpretation
A. Where uncertainty exists regarding the interpretation of any provision of this Zoning Code or its application to a specific site, the Zoning Code Administrator shall determine the interpretation of the provision. The determination of the Zoning Administrator may be appealed in compliance with the provisions of Section 10-20.80.020, Appeals of Interpretations by the Zoning Code Administrator and Director.
B. When determining the boundary of a zone, the following rules shall apply:
1. The standards provided in this Zoning Code shall be the minimum requirements for zoning procedures, standards, enforcement, fees, administration, restrictions, uses, variances, and all other matters addressed by this Zoning Code, except where it is expressly stated that the standards provided are maximum standards and regulations.
2. Where uncertainty exists regarding the location of a zone boundary or other feature shown on the Zoning Map, the location shall be determined by the Zoning Code Administrator.
C. Whenever any provisions within this Zoning Code impose overlapping or contradictory regulations, or whenever any provisions of this Zoning Code and any other code, rule, or regulation impose overlapping or contradictory regulations, the provision which is more restrictive or imposes higher standards or requirements shall govern, so that in all cases the most restrictive provision shall apply.
D. It is not intended that any provision of this Zoning Code nor any act by an administrative official or review authority shall restrict or impair the right of any person to bring legal or equitable action for redress against nuisances, hazards, or injuries to persons or property.
E. The Zoning Code Administrator shall keep a record of interpretations made in compliance with this section. The record of interpretations shall be available to the public.
(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))
10-10.30.050 Rules for Construction of Language
In addition to the general provisions of this Zoning Code, the following rules of construction shall apply:
A. The particular controls the general.
B. The words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory.
C. “Should” is not mandatory but is strongly recommended; and “may” is permissive.
D. The words “includes” and “including” shall mean “including but not limited to. . .”
E. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
1. “And” indicates that all connected words or provisions shall apply.
2. “Or” indicates that the connected words or provisions may apply singly or in any combination.
3. “Either . . . or” indicates that the connected words or provisions shall apply singly but not in combination.
F. References to departments, divisions, sections, commissions, boards, or other offices are to those of the City unless otherwise indicated.
G. References to a public official in the City are to that person who performs the function referred to and includes a designee of such official.
H. All references to measurements are in feet unless otherwise indicated.
10-10.30.060 Computation of Time
A. When the period of time prescribed or allowed by this Zoning Code is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall not be included in the computation.
B. When the period of time prescribed or allowed by this Zoning Code is 11 days or more, intermediate Saturdays, Sundays and legal holidays shall be included in the computation. The last day of the period so computed shall be included unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
10-10.30.070 Calculation of Fractions
Any fraction greater than or equal to 0.50 shall be rounded up to nearest whole number. Any fractional unit less than 0.50 shall be rounded down to nearest whole number.
10-10.30.080 State Law Requirements
Where this Zoning Code references applicable provisions of State law (e.g., A.R.S. § 9-500.12(B)) the reference shall be construed to be to the applicable State law provisions as they may be amended from time to time.
10-10.30.090 Rules of Transition
The following rules shall apply to all properties in the City on the effective date of this Zoning Code:
A. Violations Continue. Any violation of the zoning code previously in effect (1991 Land Development Code) will continue to be a violation under this Zoning Code and shall be subject to the penalties and enforcement provisions provided in Division 10-20.110, Enforcement, unless the use, development, construction or other activity complies with the provisions of this Zoning Code.
B. Developments with Approvals or Permits.
1. Building Permit Issued Prior to Effective Date. Any building, structure, or sign for which a lawful building permit has been issued or for which a complete building permit or sign permit application has been filed at least one day prior to the effective date of this Zoning Code or any subsequent amendment to the Code, may be constructed and completed in conformance with the permit and other applicable approvals, permits and conditions, even if such building, structure or sign does not fully comply with this Zoning Code, or any subsequent amendment to the Code. If construction is not commenced in compliance with the applicable permit terms, the Building Official may grant an extension in compliance with the provisions of the Building Code. If the extension does not state a specific time, it shall be an extension for six months. If the building, structure, or sign is not completed in conformance with the building permit and any granted extension, then the building, structure, or sign shall be constructed, completed or occupied only in compliance with this Zoning Code or any subsequent amendment to the Code.
2. Final Site Plan Review and Approval Prior to Effective Date. An applicant whose development has received site plan review and approval prior to the effective date of this Zoning Code or any subsequent amendment to the Code may file an application for a building permit in compliance with the approved site plan and any conditions of approval, even if the development does not comply with the provisions of this Zoning Code or any subsequent amendment to the Code. Upon approval of construction plans for the development, a building permit may be issued. Approvals granted prior to the effective date of this Zoning Code or any subsequent amendment to the Code shall be valid for one year from the date of approval. No time extensions shall be permitted.
3. Preliminary Subdivision Plat Approved Prior to Effective Date. An applicant who has received preliminary plat approval for a proposed subdivision not identified as a protected development as defined in A.R.S. § 9-1201 prior to the effective date of this Zoning Code may file an application for final plat approval, even if the subdivision does not fully comply with the provisions of this Zoning Code and City Code Chapter 11-20, Subdivision and Land Split Regulations. If an application for final plat approval is not filed within one year of the date of the preliminary plat’s approval, the preliminary plat shall expire. No time extensions shall be permitted. Subsequent preliminary plat applications shall comply with this Zoning Code and City Code Chapter 11-20, Subdivision and Land Split Regulations.
4. Conditional Use Permit Approved Prior to Effective Date. An applicant for a use for which a conditional use permit has been approved prior to the effective date of this Zoning Code may file an application for a building permit, even if the use does not fully comply with the provisions of this Zoning Code. If a building permit application is not filed within one year of the date of approval of the conditional use permit, it shall expire. No time extensions shall be permitted.
C. Applications Filed Prior to the Effective Date.
1. Complete applications for new developments including, but not limited to, site plan review and approval, conditional use permits, and preliminary plats that are filed prior to the effective date of this Zoning Code or any subsequent amendment to the Code may be approved under the provisions of the zoning code previously in effect. Applicants may also elect to develop in compliance with the provisions of this Zoning Code. If a building permit application is not filed within one year of the date of approval of the application for new development, the approval shall expire. No time extensions shall be permitted.
2. Applications for amendments to the Zoning Map filed prior to the effective date of this Zoning Code or any subsequent amendment to the Code shall be governed by the provisions of the Code previously in effect unless the applicant elects to comply with this Zoning Code.
D. Planning Applications Filed After the Effective Date. All applications for new developments including, but not limited to, site plan review and approval, conditional use permits, and preliminary plats as well as amendments to the Zoning Map, filed on or after the effective date of this Zoning Code, including modifications and amendments, shall conform to the provisions of this Zoning Code.
(Ord. 2016-07, Amended, 2/16/2016 (Res. 2016-02))