Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.010 Short Title
16.04.020 Purpose and Intent
16.04.030 Authority
16.04.040 Severability and Exceptions
16.04.050 Title Provisions Additional to Laws of the State of Arizona
16.04.060 Fees
16.04.070 Amendments
16.04.080 Appeals
16.04.090 Violations–Penalties
16.04.010 Short Title
This title shall be known and may be cited as the Subdivision Ordinance of the City of Winslow, Arizona. (Prior code Appx. B § 101)
16.04.020 Purpose and Intent
The purpose of this title is to promote the health, safety and general welfare of the residents of the City of Winslow, to promote the efficient and orderly growth of the City, to establish adequate and accurate records of land subdivision, to provide for adequate, safe and efficient public utilities and improvements, and for other general community facilities and land for public places.
In their interpretation and application, these regulations are intended to promote the reasonable use and enjoyment by landowners of their property rights subject to standards necessary to ensure common benefits for City residents. (Ord. 920, 2003; prior code Appx. B § 201)
(Manual, Amended, 07/21/2003)
16.04.030 Authority
A. The Planning and Zoning Commission of the City of Winslow shall receive, and act upon, preliminary and final subdivision plats and development plans in accordance with these regulations, the Winslow General Plan and Zoning Ordinance. After receipt of a recommendation from the Planning and Zoning Commission, the Winslow City Council shall have final jurisdiction over all matters pertaining to the subdivision of lands.
All applications for action under this title shall be filed with the Winslow Planning Department for processing pursuant to the provisions of this title. The City Planner for the City of Winslow shall enforce this title.
B. This Subdivision Ordinance shall apply to all land within the corporate boundaries of the City of Winslow in accordance with Arizona Revised Statutes Title 9, Article 6.2 "Municipal Subdivision Regulations." Where applicable, provisions of this title shall cover an area extending three (3) miles from the municipal limits of the City, pursuant to Arizona Revised Statutes, Section 9-474.
Any areas or neighborhoods currently outside the City limits which are annexed or planned for annexation in the future must comply with this title prior to annexation by the City.
C. No person or agent of a person shall subdivide any parcel of land into more than five (5) parcels, or, if a new street is involved, two (2) or more lots, or complete minor subdivisions, except in compliance with this title. No person shall offer for recording, in the Office of the County Recorder, any deed conveying a parcel of land, or interest therein, unless such a parcel of land has been subdivided, or otherwise created, in compliance with the provisions of this title.
D. No lot within a subdivision created prior to the effective date of the ordinance codified in this title or approved by the City Council under the provisions of this title shall be further divided, rearranged, or reduced in area, nor shall the perimeter boundaries of any subdivision, or any lot within a subdivision, be altered in any manner without the approval of the City Council as provided for in this title.
E. All officials and employees of the City of Winslow who are vested with the authority to issue permits, shall not issue permits, record documents, conduct inspections or otherwise perform any duties or administrative actions that are not in conformance with the provisions of this title.
F. Where this title imposes greater restriction upon land, land use, development or improvement than is imposed by existing provisions of law, ordinance or contract, this title shall control. (Ord. 1027 § 1, 2007; Ord. 920, 2003; prior code Appx. B § 301)
(Manual, Amended, 07/21/2003)
16.04.040 Severability and Exceptions
A. If any section, subsection, paragraph, sentence, clause or provision of this title shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, such judgment shall not affect the validity of the provisions of the remaining portions of the Winslow Subdivision Ordinance.
B. Where, in the opinion of the City Council, upon recommendation of the Planning and Zoning Commission or Planning Department, there exist extraordinary conditions not provided for in the ordinance, or unusual circumstances relating to the physical characteristics of the property or land adjacent to the property, and upon a showing that compliance with the specific provisions of this title would create an undue hardship on the property owner, the Council may modify these provisions in such manner and to such extent as it may deem appropriate, subject to a determination that such modification will not adversely affect public health, safety and welfare.
Upon modification, by the City Council, of the standards and requirements of this title, the Council may impose, at its discretion, additional requirements reasonably necessary in order to substantially secure the objectives of the modified provisions.
Any request for modification of the terms and provisions of this title shall be made in writing, together with appropriate materials, to the City Planner. The City Planner shall schedule public hearings for consideration of the request and a recommendation by the Planning and Zoning Commission and decision on the request of the City Council.
All requests for modification of the provisions of this title as they relate to a specific property must be approved or denied prior to a hearing by the City Council on an application for preliminary or final plat approval. (Ord. 920, 2003)
(Manual, Amended, 07/21/2003)
16.04.050 Title Provisions Additional to Laws of the State of Arizona
The provisions of this title shall be in addition to and shall be considered as supplementing the provisions of ARS Sections 9-474 to 9-479, 9-1141; and 32-2181 to 32-2185. (Prior code Appx. B § 1201)
16.04.060 Fees
The application fees for subdivision approval shall be fixed by the City Council. They are subject to modification pursuant to Council resolution subsequent to the provision of required public notice. The applicant shall pay all required fees to the City at the time of filing the application. Application fees are nonrefundable.
If the City Council deems it necessary to employ the services of a registered professional engineer in connection with the examination, evaluation and approval of any subdivision, the engineer’s services shall be paid for by the applicant. No final plat approval shall be given by the City until payment is received for such services. (Ord. 920, 2003)
(Manual, Amended, 07/21/2003)
16.04.070 Amendments
A. Proposed amendments to this title may be initiated by the Planning and Zoning Commission, the City Council or by property owner application. After consideration and recommendation by the Planning and Zoning Commission, the City Council may adopt the amendment(s) after public hearing, duly noticed as required by law.
B. With the exception of minor amendments as determined by City Council or Planning Commission, amending an approved preliminary or final plat is considered a resubdivsion and must follow the same procedures as an original preliminary or final plat approval request. (Ord. 920 2003)
(Manual, Amended, 07/21/2003)
16.04.080 Appeals
An applicant or other citizen aggrieved by the interpretation of the provisions of this title by the City Planner may file an appeal in writing, together with appropriate materials, within fifteen (15) days. The City Planner shall schedule a public hearing on the appeal request for Planning and Zoning Commission consideration, modification or reversal. The recommendation of the Planning and Zoning Commission shall be considered and decided by the City Council at a public hearing. (Ord. 920 2003; Ord. 682, 1995)
(Manual, Added, 07/21/2003)
16.04.090 Violations–Penalties
Anyone violating any provision of this title shall be guilty of a Class l misdemeanor and punishable as provided by state statute.
It is a separate offense for each and every day the violation is committed, continued or permitted.
The owner, lessee, tenant, and/or other person in possession of the property or use in violation are all and equally responsible for the violation(s).
In addition, the City may bring civil proceeding in a court of competent jurisdiction to enforce compliance with this title including the prevention, restraining and/or abatement of the violation(s).
In addition, any violation is declared to be a public nuisance and the City may enjoin or restrain said violation like any other nuisance under authority of any applicable City and state law. (Ord. 1027 § 2, 2007; Ord. 920, 2003; prior code Appx. B §§ 1101, 1301)
(Manual, Added, 07/21/2003)