Chapter 18.05
PURPOSE AND APPLICABILITY
Sections:
18.05.010 Introduction.
A. General Purpose and Adoption of Official Land Use Plan and Zoning Ordinance. For the promotion and protection of life, liberty, and the pursuit of happiness, and the public health, peace, safety, comfort, convenience and general welfare and in order to secure for the citizens of the town of Taylor, Arizona, the social and economic advantages of an orderly, efficient use of land, and as a part of the master plan for the town, there is hereby adopted and established an official land use plan and zoning ordinance for the town of Taylor, Arizona, and rules, regulations and plans by which the future growth and development of the town may be directed in a manner that recognizes the town’s heritage and protects past rights in accordance with the plan and ordinance, as provided in A.R.S. section 9-461.08.
B. Title. These regulations shall be known as the town of Taylor zoning ordinance, may be cited as such, and will be referred to herein as “title.”
C. Adoption. This title is adopted as the town of Taylor zoning ordinance relating to comprehensive planning and zoning, pursuant to provisions of Arizona law, including A.R.S sections 9-462 and 9-462.01 to 9-462.07, inclusive.
D. Purpose. The purpose of this title is to promote the health, safety and general welfare of the citizens of the town of Taylor by guiding, controlling, and regulating the design, location, use, quality and occupancy of all buildings, structures and property within the town limits.
E. Coordination with General Plan. The enforcement of, amendments to, and the administration of this title shall be accomplished in accordance with the recommendations contained in the town of Taylor general plan, as developed and amended on a regular basis by the town council.
F. Scope. Except for work related to the provision of essential public services, or work located primarily in a public way, or as otherwise provided herein, no land may be divided, no structure shall hereafter be used, erected, constructed, reconstructed, moved, or structurally altered, repaired or improved; nor shall any land be used, except in conformity with this title; and before any such activity is undertaken, zoning clearance approval and/or a building permit shall be obtained from the town. Further, no person shall divert, retard, or obstruct the flow of waters in any watercourse whenever it creates a hazard to life or property without first securing a zoning clearance and/or a building permit.
1. Any use changed or altered in any significant manner, substantially decreased in production, or terminated or removed for a period exceeding six months will be required to submit a new site plan prior to restarting or resuming full production.
2. Every application for a zoning clearance must be accompanied by a scaled drawn site plan as required by this title or the planning and zoning administrator. All town departments, officials and employees charged with the duty or authority to issue permits or licenses shall refuse to issue permits or licenses affecting land or structures in conflict with any provision of this title.
G. Internal Inconsistencies. Where, in any specific case, different sections of this title or any other town ordinance or code specify different requirements, the more restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply.
H. Repeals. All ordinances, or parts of ordinances, previously adopted by the town of Taylor which are in conflict with this title are repealed.
I. Private Agreements. The provisions of this title are not intended to interfere with, abrogate or annul any easements, covenants or other agreements (such as deed restrictions or conditions, covenants and restrictions (CC&Rs)) between private parties when such easements, covenants or other agreements are more restrictive or otherwise not in conflict with this title. When such easements, covenants or other agreements are less restrictive or otherwise in conflict with this title, this title shall prevail.
J. Guiding Principles. The following principles and rules are hereby adopted as a guide in the use and application of this title:
1. The powers of the town council, the planning and zoning commission, the zoning inspector and all other persons or agencies charged with the administration of this title shall be strictly limited by the expressed intent of the Legislature in the enactment of the Planning and Zoning Act of 1949, and by the language of this title.
2. All terms used herein shall be interpreted according to their common, plain, natural and accepted usage when not otherwise defined herein.
3. In any dispute concerning the application of any provision of this title that solution shall be favored which is most reasonable with regard to the general purpose of this title and the established and accepted principles of American planning and zoning law.
4. The application of this title to any property or use classified herein shall be governed by all the particular facts in each individual case, and the fundamental rights of any individual owner shall not be prejudiced by reason of his being in a minority, either in number or in land interests concerned in the application.
5. The right of every affected property owner to petition and to be heard whenever the application of this title is at issue shall be strictly observed at all times.
6. No special favors or privileges shall be granted to any individual or group of property owners and no permit shall be issued under the terms of this title which will or might reasonably tend to destroy the established economic or social uses and values of adjacent or surrounding properties.
On every application of this title to any given area, the relative importance of the interests involved shall be as follows:
a. First, established conforming uses of adjacent or surrounding properties having an equal or higher classification;
b. Second, the cost of tax-supported and other public services to the area affected, and the increased or decreased share of this cost which might be borne by the area if a proposed use or change of classification is permitted; and
c. Third, the value of the proposed classifications and uses to the orderly development of the neighborhood or area affected.
7. The theory and use of “spot” zoning is hereby specifically repudiated in the application of any classification of this title to any given land area. [Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-1-1.]
18.05.020 Interpretations.
The interpretation and application of provisions of this title shall be made by the planning and zoning administrator. In interpreting and applying this title, the planning and zoning administrator shall be held to the minimum requirements for the promotion of the public health, safety, and general welfare. Appeals to interpretations are provided for in Chapters 18.70 and 18.75 TTC. [Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-1-2.]
18.05.030 Severability.
It is the intention of the town that the provisions of this title are separable in accordance with the following:
A. If any court of competent jurisdiction shall adjudge any provision of this title to be invalid, such judgment shall not affect any other provisions of this title not specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, or structure, such judgment shall not affect the application of said provision to any other property or structure not specifically included in said judgment. [Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-1-3.]
18.05.040 Fees.
A. It is the intent of this title to require petitioners to pay a portion of the public services that are necessary for processing their request. Fees shall cover publication, mailing and administrative costs.
B. Fees for matters pertinent to the administration of this title may be set by resolution of the town council, and may change from time to time. Fees may be charged for the following requests (additional request or application fees may also be established):
1. Zoning clearance.
2. Building permit.
3. Zone change.
4. Site plan review.
5. Conditional use permit.
6. Variance.
7. Amendment to this title (text amendment).
8. Temporary use permit.
9. Appeals (except appeals to administrative decisions).
10. Amendments to previously approved site plans.
C. For the purposes of this title, all fees are due payable to the town upon submittal of the first site plan and request form. All fees are nonrefundable.
D. Fee(s) may be waived by the town council for any application filed by any agency or department of the town or of any governmental agency organized under the laws of the state of Arizona or of the United States. The exception shall not apply to nongovernmental leases of government land.
E. The town council may waive the fee(s) to avoid duplication of charges. [Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-1-4.]