ARTICLE VIII.
PLANNING AND ZONING1

DIVISION 1. PLANNING AGENCY AND ADOPTION OF GENERAL PLAN2

Sec. 2-130 Planning agency created.

There is hereby established a planning agency for the City of Kingman. The planning agency shall consist of:

(1) A planning and zoning commission;

(2) The planning (community development) department; and

(3) The common council.

(Ord. No. 1314, 10-15-01)

Sec. 2-131 Planning and zoning commission—Composition and appointment.

(1) The planning and zoning commission shall consist of seven (7) members. A member shall have maintained his or her primary residence within the city limits for at least one hundred eighty (180) days before being appointed. A member shall maintain his or her primary residence within the city limits during the term of his or her membership. A member who moves outside the city limits during the term of his or her membership shall immediately notify the mayor in writing and may be required to resign at the discretion of the common council.

(2) Terms and methods of appointment and removal shall be in accordance with the procedures called out in the City of Kingman Code of Ordinances, Chapter 2, Article IX, Division 1.

(Ord. No. 1314, 10-15-01)

Sec. 2-132 Planning department—Establishment.

As authorized by section 9-461.03, Arizona Revised Statutes, the Kingman Common Council has established a planning department, being a division of the city’s community development department. Working in conjunction with the other divisions of the community development department, and other city departments the planning staff is charged with overseeing the administration of the provisions of the city’s adopted general plan, along with any and all specific plans, rules, regulations and ordinances adopted by the council for the implementation and enforcement of the provisions and intent of the general plan.

(Ord. No. 1314, 10-15-01)

Sec. 2-133 General plan—Authority and scope.

(1) The planning agency shall prepare and the council shall adopt a comprehensive, long-range general plan for the development of the City of Kingman and its environs, as outlined in section 9-461.05 et seq., Arizona Revised Statutes.

(2) As called out in section 9-461.05 et seq., Arizona Revised Statutes, elements of the general plan shall consist of a statement of community goals and development policies; including any maps, diagrams and text setting forth objectives, principles, standards and plan proposals. The plan shall include the following elements:

(a) A land use element.

(b) A circulation element consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use element of the plan.

(c) An open space element.

(d) A growth area element.

(e) An environmental planning element that contains analysis, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the general plan.

(f) A cost of development element that identifies policies and strategies that the municipality will use to require development to pay its fair share toward the cost of additional public service needs generated by new development.

(g) A water resources element.

(h) Any other elements the planning agency deems appropriate.

(Ord. No. 1314, 10-15-01)

Sec. 2-134 Same—Ratification by the electorate.

After adoption, or readoption of the general plan by the common council, the council shall submit the general plan to the voters for ratification at an election held pursuant to section 16-204, Arizona Revised Statutes. If a majority of the qualified electors voting on the proposition approves the new plan, it shall become effective as provided by law. If a majority of the qualified electors voting on the proposition fails to approve the new plan, the current plan remains in effect until a new plan is approved by the voters.

(Ord. No. 1314, 10-15-01)

Sec. 2-135 Same—Duration.

The general plan, with any amendments, is effective for up to ten (10) years from the date the plan was initially adopted and ratified, or until the plan is readopted, or a new plan is developed or adopted. On or before the tenth anniversary of the plan’s most recent adoption, the common council shall either readopt the existing plan for an additional term of up to ten (10) years or adopt a new general plan.

(Ord. No. 1314, 10-15-01)

Sec. 2-136 Same—Amendment.

(1) All major amendments proposed for adoption to the general plan by the common council shall be presented at a single public hearing during the calendar year the proposal is made. For this purpose the general plan major amendments public hearing will be held before the Kingman Common Council during the month of May. Deadlines for submitting major amendment requests shall be at least sixty (60) days prior to the regularly scheduled April planning and zoning commission meeting. Applications shall be made in the office of the development services department on an application form with required documentation specified by guidelines provided by the planning department and accompanied with appropriate fees as required. After the development services department has determined that an application is complete, it will be scheduled for at least two (2) public hearings at different locations to be held by the planning and zoning commission.

(2) “Major amendments” are those defined in Ord. No. 1303 passed by the city council on August 6, 2001 [section 2-137].

(3) All other amendments are considered minor amendments, including periodic technical updates to the circulation, open space, growth area, and water resources, based on new information and reports.

(4) Amendments to the general plan of the City of Kingman shall be approved only if:

(a) The amendment is consistent with the policies and objectives of the rest of the general plan; and

(b) The proposed amendment furthers the public health, safety and general welfare of the citizens of Kingman.

(5) If the amendment is to the land use map, an additional finding must be made that the proposed change will be compatible with other land uses, existing or planned, in the vicinity.

(6) On an application to amend the land use map, the planning and zoning commission may only recommend approval or denial. The planning commission recommendation will be forwarded to the city council for public hearing and final action unless withdrawn by the applicant. On an application to amend the text of the plan, the planning and zoning commission may recommend approval, approval as modified by the commission, or denial. The commission’s recommendation will be forwarded to the city council for public hearing and final action.

(7) Minor amendments to the general plan map or text shall be adopted by resolution and become effective immediately upon approval by the city council. Major amendments to the general plan shall be adopted by resolution and shall have an affirmative vote of at least two-thirds (2/3) of the members of the common council.

(8) In cases where the amendment has been denied by the city council, no application for an amendment for the same or substantially the same request and, in the case of a map amendment, on the same or substantially the same property, shall be filed within one hundred eighty (180) days from the date of denial of the amendment.

(Ord. No. 1314, 10-15-01; Ord. No. 1553, 9-18-06)

Sec. 2-137 Major amendments to the city general plan.

(a) Criteria. The criteria for a “major amendment” to the Kingman City General Plan under the “growing smarter” legislation shall be whenever a request is made or action taken based on the following:

(1) Commercial. The proposal will add over two hundred fifty thousand (250,000) square feet of commercial in an area of at least twenty-five (25) acres over what had been previously allowed in the plan.

(2) Residential density. The action will increase the allowed density in the plan by over fifty (50) percent of the existing allowed units an in area of at least three hundred (300) acres.

(3) Traffic generation. Based on ITE’s most recent research document, the proposed change or action has the potential to increase traffic into the street systems by over twelve thousand (12,000) vehicle trips per day.

(4) Open space designations. The proposal will add or remove over three hundred twenty (320) acres of open space from the designations on the general plan.

(5) Air pollution. The proposal will create a project that will have a significant impact on area air quality, or will require a “major” source permit from ADEQ.

(6) Water use. The proposal will create a project or action that will, in the next twenty-year period, be expected to withdraw or commit up to twenty (20) percent of the total estimated community water resource or twenty (20) percent of current annual consumption.

(7) Waste water. The proposal will use up to twenty (20) percent of the city’s existing waste water treatment capacity.

(8) Transportation system. The proposal will have the effect of adding a new four-to five-lane major arterial for at least three (3) lineal miles to the street system.

(9) State trust lands. The proposal would allow for the zoning and development of one (1) square mile or more of state trust land.

(b) Penalties. Penalty for violation of any section of this section 2-137 shall be as outlined in section 1-8 of the Kingman Code of Ordinances.

(Ord. No. 1303, 8-6-01)

Secs. 2-1382-140. Reserved.

DIVISION 2. RULES, REGULATIONS AND FEES

Sec. 2-141 Planning and zoning rules and regulations.

That certain document known as “the Zoning Ordinance and all amendments thereto, of the City of Kingman, Arizona,” three (3) copies of which are on file in the office of the city clerk of the City of Kingman, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this Code.

(Ord. No. 1296, § 1, 5-7-01, made pub. rec. by Res. No. 3621, 5-7-01)

Sec. 2-142 Subdivision rules, regulations and fees.

Resolution No. 898 declares as a public record that certain document known as Ordinance No. 504, Subdivision Ordinance of the City of Kingman, Arizona, dated July 1983, said document being a supplement to this Code.

(Ord. No. 387, 6-9-80; Ord. No. 507, 9-12-83; Ord. No. 605, § 2, 3-17-86)

Sec. 2-143 Fees.

Any person requesting one (1) of the actions listed below shall file the appropriate application and fee:

Fee

Request for Interpretations

$ 100.00

Minor Lot Split Review

250.00

Appeal of a Lot Split Review

250.00

Conditional Use Permit Request:

Residential

500.00

Commercial

1,000.00

Rezoning (less than 10 acres)

1,000.00

Rezoning (greater than 10 acres)

2,000.00

Extension of Time or Modify Conditions on a Rezoning or CUP:

Residential

500.00

Commercial

1,000.00

Day Care (R1, R2, R-RR, R-MH District)

100.00

Variances

500.00

Proposed General Plan Amendment (Minor)

1,000.00

Proposed General Plan Amendment (Major)

2,000.00

Preliminary Subdivision Plat

500.00 + $10.00/lot

Extension of Time, Preliminary Subdivision Plat

300.00

Final Subdivision Plat

1,000.00 +10.00/lot

Subdivision Abandonment

500.00

Amend a Recorded Plat (Minor)

200.00

Road, Alley Easement Vacation/Extinguishment

500.00

Manufactured Home or RV Park Reviews (New or Expansion)

500.00 +$10.00/space

Engineering Fees:

Water and/or Sewer Extension

200.00 +$0.70/linear foot

Water and/or Sewer Extension Approvals for New Subdivisions

200.00 +$0.70/linear foot

Requests for Water Service to New Subdivision or Unsubdivided Parcel

250.00

Permits to Work in the Public Right-of-Way1

30.00

1    Additional costs apply as follows: For improvements to existing city streets, a charge of two (2) percent of estimated cost of improvements is assessed; for additional pavement cuts, $30.00 for trenching perpendicular to the street; and $10.00 per one hundred (100) linear feet is assessed for trenching parallel to the street.

(Ord. No. 605, § 3, 3-17-86; Ord. No. 877, § 1, 8-19-91; Ord. No. 900, § 1, 12-16-91; Ord. No. 913, § 1, 2-18-92; Ord. No. 916, § 1, 3-16-92; Ord. No. 1155, 12-18-97; Ord. No. 1305, 8-20-01; Ord. No. 1506, 12-7-05)

Editor’s note: Ord. No. 605, § 1, adopted Mar. 17, 1986, repealed §§ 2-143—2-145, concerning fees for various zoning functions, as derived from Ord. No. 175, §§ 1—3, adopted Jan. 8, 1973 and Ord. No. 401, adopted Nov. 10, 1980.

Secs. 2-144, 2-145. Reserved.

Note: See the editor’s note for § 2-143.

Sec. 2-146 Land splitting regulations.

(a) General statement. In order to control the division of lands inside the corporate limits of the city, the hereinafter regulations have been developed. The purpose of these regulations is to ensure that the creation of any new parcels of land two and one-half (2) acres or under in size shall be of such character that there is access to a dedicated public roadway, adequate easements are available for utility services, adequate access is available for emergency vehicles, minimum lot sizes are maintained in accordance with the city’s zoning regulations and that the land split will not adversely affect the city’s general plan or other adopted development plans.

(b) Authority. The authority to regulate land splits within the corporate limits of cities and towns is given by Arizona Revised Statutes 9-463.01-L; “Land splits” being defined as the division of improved or unimproved land whose area is two and one-half (2 1/2) acres or less into two (2) or three (3) tracts or parcels of land for the purpose of sale or lease.

(c) Enforcement, violations, and penalties.

(1) General.

a. It shall be the duty of the city planning director to enforce these regulations and to bring to the attention of the city attorney any violations or lack of compliance herewith.

b. No owner, or agent of the owner, of any parcel of land located within the corporate limits of Kingman shall create any new parcel of land two and one-half (2 1/2) acres or less without first complying with these regulations.

c. No building permit shall be issued for the construction of any building or structure located on a lot or parcel created in violation of the provisions of these regulations nor shall the city provide water, sewer, or sanitation service to such parcel.

d. Planning director shall notify any person in violation that they have sixty (60) days to correct any violation. Failure to correct a violation shall result in the matter being forwarded to the city attorney for prosecution.

(2) Violations and penalties. Any person, firm, or corporation who fails to comply with, or violates, any of these regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in section 1-8 of this Code. Each separate day or any part thereof during which any violation of this section occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein described. The imposition of any sentence shall not exempt the offender from compliance with the requirements of these regulations and provisions of these regulations.

(3) Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations; to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, to prevent illegal occupancy of a building structure or premise, and these remedies shall be in addition to the penalties described above.

(d) Application procedure and approval process.

(1) The division of any land, lot, or parcel for the purpose of sale or lease, whether immediate or future, into two (2) or three (3) lots or parcels, any one of which is two and one-half (2 1/2) acres or less, shall require the submittal and approval of a parcel plat, as described hereinafter. Sale or lease includes every disposition, transfer, or offer or attempt to dispose of or transfer land or an interest or estate thereof.

(2) Before proceeding with the creation of any land split, the owner or his agent should submit to the planning director in writing his proposal to split a parcel, and schedule a meeting with the planning director or his staff for an informal discussion on the proposed land split.

(3) Land splits shall be reviewed by the planning director and city engineer or their designated agents, in order to assure that:

a. Proper zoning is in effect;

b. Necessary access and extension of streets, alleys, and/or easements are provided for in accordance with the city’s plans and surrounding developments;

c. That the land split conforms to the lot area and dimensions called out in the appropriate zoning district;

d. That the land split conforms to the lot design standards called out in the subdivision ordinance;

e. Access to public utilities can be accommodated;

f. That the land split will not leave an unusable parcel, due to floodplain regulations;

g. Street improvements are required for properties resulting form any land split with frontage on existing unimproved or partially improved streets. Street improvements will occur at the time of development of the property (Option A: Or a cash payment shall be made equivalent to the value of the improvement which would fulfill any present or future obligations for street improvement. The required street improvements must be installed in accordance with the street classification of the surrounding area as designated in the Kingman General Plan, The Kingman Area Transportation Study and the following criteria:

(1) For lot splits within the commercial, industrial, and multiple family zoning districts, the owner/developer shall improve the street(s) abutting the property being developed to city standards in accordance with the street and sidewalk development rules and regulations,

(2) For all lot splits within any residential zoning districts:

(a) If the property being divided is directly adjoining, or opposite of a developed residential subdivision, then the owner/developer shall improve the street(s) abutting the property being developed similar to the adjacent developed subdivision,

(b) If the property being divided is within five hundred (500) feet of a developed subdivision, and more than half of the street abutting the property being developed have street improvements including pavement, and/or curb and gutter, and/or sidewalk, then the owner/developer shall improve the street(s) abutting the property being developed similar to the adjacent street improvements,

(c) If the property being divided is on a dedicated roadway that has not been opened and developed, the owner/developer shall improve the street(s) abutting the property being developed to provide fire department access in accord with Fire Code 902 and graded access in accord with the street and sidewalk development rules and regulations.

h. That where there is no access to the city’s sewer system (as defined by the municipal utility regulations), any new parcel/lot must demonstrate the capacity to accommodate an individual waste water system and/or evaportranspiration area on site, with approvals for the Mohave County Environmental Health Department, in accordance with the Arizona State Health Regulations.

Upon satisfactory compliance with the above-cited requirements and conformance with the parcel plat format outlined hereinafter, the planning director and city engineer shall approve the land split and sign off on the parcel plat.

(4) In the event that the applicant is aggrieved by the decision of the planning director and/or city engineer, they may appeal the decision to the Kingman planning and zoning commission and city council. A written appeal should be submitted to the planning director at least fifteen (15) working days prior to the next regularly scheduled planning and zoning commission meeting date.In the event an appeal is requested, the matter shall be placed on the agenda for the next regularly scheduled planning and zoning commission meeting. The planning and zoning commission will forward a written recommendation to the common council, who will have the authority to take action on the appeal.

(5) Upon approval and after all lots or parcels have been staked by qualified Arizona registrant, the city clerk shall have the parcel plat recorded in the office of the Mohave County recorder. The fee for recordation shall be paid by the applicant.

(e) Form of parcel plat.

(1) The parcel plat shall be submitted on a transparent reproducible polyester film, or linen tracing cloth, drawn with India ink, or as a tracing reproduction on polyester film or linen for recording, and shall be on sheets eighteen (18) inches wide by twenty-four (24) inches long; and shall be at a scale of either one inch equals two hundred (200) feet or larger.

(2) Parcel plats shall show:

a. Name and legal description of tract or parcel in which the survey is located and ties to adjoining tracts or parcels.

b. All monuments found, set, reset, replaced, or removed, describing their kind, size, and location, and giving other data relating thereto.

c. Ties to witness monuments, basis of bearing, bearing and length of lines, north indicator, scale, date of survey, existing property lines, areas involved and owner of the property being divided.

d. Each parcel shall be numbered or designated in some logical manner.

e. All roadway and/or easements of record shall be shown and referenced.

f. Delineation on the plat of any areas identified on the flood insurance rate maps as special flood hazard areas.

g. The land being divided shall be indicated by a one-eighth-inch colored border applied on the reverse side of the linen or mylar.

h. Dedications for public utility easements and/or additional right-of-way width for public roadways may be made on the parcel plat. Offers of dedication shall be identified and dimensioned, and shall be presented to the common council for acceptance. A ratification statement shall be included when necessary.

i. Any other data necessary for the interpretation of the various items and location of the points, lines and areas shown.

(3) Certificates which shall appear on the plan are as follows:

a. Surveyor’s or engineer’s certificate.

This is to certify that the survey of the attached land split was made under my direction and supervision and is accurately represented on this plat and that the property corners have been set as noted on the plat.

___________________________________

Signature

Date

Registration No.

Seal

b. A certificate for signature by the city engineer and planning director as follows:

This plat has been checked for conformance, with Ordinance No. ___ and other applicable regulations and appears to comply with all requirements within my jurisdiction to check and evaluate.

By

__________________

Date _________

City Engineer

By

__________________

Date _________

City Planning Director

c. County recorder block:

Filed and recorded at the request of the City of Kingman on _________, in Book _________ of Parcel Plats, Page(s) _________, Records of Mohave County, Arizona.

By

__________________

_____________

Deputy Recorder

Recorder

Reception No. _________

d. Offer of dedication (if applicable). A certificate signed and acknowledged, offering for dedication to the public any easements, and or additional right-of-way widths for public roadways, and a statement for acceptance of the dedication as follows:

I ______________, Mayor of the City of Kingman, Arizona, hereby certify that the Kingman Common Council on the ____ day of ______________, 19__, accepted on behalf of the public, all parcels of land offered for dedication for public use in conformity with the terms of the offer of dedication.

____________________

Mayor, City of Kingman

Attest:

____________________

Clerk, City of Kingman

Approved as to form:

____________________

Attorney, City of Kingman

(f) When waiver allowable. In any case where a land split is for the purpose of adjusting the boundary line or for the transfer of land between two (2) adjacent property owners which does not result in the creation of any additional lots, parcels, or building sites or where the parcel split is the division of a lot within an existing subdivision that has provisions for access and easements, provided this split does not conflict with any covenants, conditions, or restrictions affecting said lot, the procedure normally required by the regulations may be waived by the planning director.

(Ord. No. 539(R), § 1, 10-15-84; Ord. No. 823-R, § 1, 6-4-90; Ord. No. 1416, 3-1-04)

Secs. 2-1472-154. Reserved.


1

State law references: Municipal planning authorized, A.R.S. § 9-461.


2

Editor’s note: Ord. No. 1314, adopted Oct. 15, 2001, amended in its entirety Art. VIII, Div. 1, with the exception of § 2-134, which has been retained and redesignated as § 2-137 by the editor. Former Div. 1 pertained to the planning and zoning commission and derived from the following: Code 1966, §§ 12-10(A)—(C), 12-13, and 12-14; Ord. No. 174, adopted Jan. 8, 1973; Ord. No. 181, § 1, adopted Apr. 9, 1973; Ord. No. 340, § 2, adopted Jan. 2, 1979; Ord. No. 623, adopted Aug. 4, 1986; and Ord. No. 856, §§ 2a, 2d, and 2e, adopted Apr. 1, 1991.