Chapter 18.75 ADMINISTRATIVE PROCEDURES

Chapter 18.75
ADMINISTRATIVE PROCEDURES

Sections:

18.75.010 Conformance with Arizona Revised (State) Statutes and this title.

18.75.020 Notice of public hearing and notification procedures.

18.75.030 General plan amendment procedures.

18.75.040 Zone change procedure.

18.75.045 Procedure for establishment of a PAD.

18.75.050 Site plan review procedures.

18.75.060 Conditional use permit procedures.

18.75.070 Variance procedures.

18.75.080 Procedures for amendments to this title (text amendments).

18.75.090 Temporary use permit procedures.

18.75.100 Procedures for appeals to the town council (or board of adjustment if such body is designated).

18.75.110 Zoning clearance procedures.

18.75.120 Building permits and certificates of occupancy.

18.75.130 Enforcement.

18.75.140 Penalties.

18.75.010 Conformance with Arizona Revised (State) Statutes and this title.

In general, all administrative procedures shall conform to the terms, conditions and public notice requirements as set forth in Arizona Revised (State) Statutes (A.R.S.), and as listed in this chapter. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-7-1.]

18.75.020 Notice of public hearing and notification procedures.

All general plan amendments, zone changes, site plan reviews, conditional use permits and/or variance procedures shall conform to the following notice procedures:

A. No general plan amendment or zone change may be adopted until a public hearing has been held on the matter by the town council, after the review and recommendation of the planning and zoning commission through the public hearing process set forth below.

B. No site plan review or conditional use permit may be adopted until a public hearing has been held on the matter by the planning and zoning commission. An appeal of such planning and zoning commission decision shall be decided by the town council through the public hearing process set forth below.

C. No variance may be adopted until a public hearing has been held on the matter by the planning and zoning commission. An appeal of such planning and zoning commission decision shall be decided by the town council (or board of adjustment if such body is designated) through the public hearing process set forth below.

D. A similar notice shall be made at least 15 days before the day of the first public hearing to each owner of property situated wholly or partly within 300 feet of the property to which the request relates. The planning and zoning administrator shall be responsible for placing and mailing such notices. For the purpose of giving mailed notice, the planning and zoning administrator shall require the applicant to furnish the names and addresses of all owners of property within 300 feet of the subject property, and shall require the applicant to certify that the list represents the most current property owners as listed in the records of the Navajo County assessor’s office. The planning and zoning administrator shall make a copy of the notice and a list of the owners and addresses to which the notice was sent as part of the record of proceedings. The failure to receive notice by individual property owners, if such notices were published and mailed 15 days prior to the hearing, shall not necessarily invalidate the proceedings.

E. In proceedings involving land which abuts other municipalities or unincorporated areas of Navajo County, or a combination thereof, copies of the notice of the public hearing shall be transmitted to the planning agency of such governmental unit abutting such land. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 60 § 1, 2001; Ord. 48 § 2, 1998. Code 1983 § 12-7-2.]

18.75.030 General plan amendment procedures.

A. General. In accordance with the provisions of the Arizona Revised Statutes, the town council, upon the review and recommendation of the planning and zoning commission, may from time to time change the general plan for the town of Taylor and the land use designations of parcels of, and within, the municipality. Changes in land use classifications are for the purpose of meeting the land use needs of the residents of the town. General plan amendments may be initiated by the town council, the zoning administration, the owner of the property proposed for the general plan amendment, or the agent of any of the foregoing, duly authorized in writing, or by petition of the person whose property would be affected by the general plan. Amendments to the land use component of the general plan shall only be considered in conjunction with a zone change request, unless the request is made by the town or the town is conducting a periodic update and review of the general plan.

B. Application Requirements. An application for a general plan amendment shall be made on a form provided by the planning and zoning administrator. On the application form shall be indicated the legal description of the property, the present land use classification, the proposed land use and the purpose of the amendment request. With the application, the applicant shall submit a land use map for the site, which indicates the proposed land use(s), densities, floor area ratios or other information as deemed necessary by the planning and zoning administrator. The applicant shall present evidence to the planning and zoning administrator of ownership or type of controlling interest in the property. This application shall be completed, verified by a notary public, and submitted along with the established fee to the planning and zoning administrator at least 21 days prior to the public hearing by the town council.

C. Notice of Public Hearing. The notice of public hearing and notification procedures for a general plan amendment shall conform to TTC 18.75.020.

D. Hearing and Decision by the Town Council.

1. A general plan not initiated by the town council shall be referred to the council for study and public hearing in its deliberations on the matter. The council shall consider oral or written statements from the applicant, the public, town staff, and its own members.

2. The town council may approve, deny, or table the request for a general plan amendment. The application may not be tabled for more than two meetings. If approved, the planning and zoning administrator shall revise the general plan land use map accordingly. If the application is denied there may be no reapplication for the same site for a period of 90 days.

E. Public Protest against General Plan Amendment.

1. If there is a written protest against a change in the land use classification of a parcel of land, which is signed by the owners of 20 percent or more of the area of lots included in the proposed general plan amendment, or signed by those owners of 20 percent or more of the area within a distance of 300 feet of the perimeter of the general plan amendment, not including street rights-of-way, the amendment shall not be approved except upon the affirmative vote of three-fourths of all the members of the town council.

2. If any members of the governing body are unable to vote on such a question because of conflict of interest or absence, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the council; provided, that such required number of votes shall in no event be less than a majority of the full membership of the council. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 60 § 2, 2001; Ord. 48 § 2, 1998. Code 1983 § 12-7-3.]

18.75.040 Zone change procedure.

A. General. In accordance with the provisions of the Arizona Revised Statutes, the town council, upon the review and recommendation of the planning and zoning commission, may from time to time change the zoning classification of parcels of, and within, the municipality. These changes in zoning classification are for the purpose of meeting the land use needs of the residents of the town in conformance with the town’s general plan. Zone changes may be initiated by the town council, the planning and zoning administrator, the owner of the property proposed for the zone change, or the agent of any of the foregoing, duly authorized in writing, or by petition of the person whose property would be affected by the zone change.

B. Application Requirements. An application for a zone change shall be made on a form provided by the planning and zoning administrator. On the application form shall be indicated the legal description of the property, the present zoning classification, and the recommended use of this property by the town’s general plan. With the application, the applicant shall submit a site plan (as defined) of the zone change property and surrounding area. The applicant shall present evidence to the planning and zoning administrator of ownership or type of controlling interest in the property. This application shall be completed, verified by a notary public, and submitted along with the established fee to the planning and zoning administrator at least 21 days prior to each of the public hearings by the planning and zoning commission and the town council.

C. Notice of Public Hearing. The notice of public hearing and notification procedures before the planning and zoning commission and the town council for a zone change shall conform to TTC 18.75.020.

D. Hearing and Recommendation by the Planning and Zoning Commission.

1. A zone change initiated by the town council or planning and zoning commission shall be referred to the planning and zoning commission for study and public hearing and a recommendation prior to any public hearings before the town council. In its deliberations on the matter, the commission shall consider oral or written statements from the applicant, the public, town staff, and its own members.

2. The planning and zoning commission’s recommendations may include approval, conditional approval, denial, or postponement of any request; provided, that the application may not be postponed for more than two meetings. Once a recommendation is made by the planning and zoning commission, the planning and zoning administrator shall schedule the zone change request for the next available town council meeting, subject to the notice requirements of this chapter.

E. Hearing and Decision by the Town Council.

1. A zone change not initiated by the town council or planning and zoning commission shall be referred to the council for study and public hearing after a recommendation by the planning and zoning commission in accordance with this section. In their deliberations on the matter, the commission and the council shall consider oral or written statements from the applicant, the public, town staff, and its own members.

2. The town council may approve, conditionally approve, deny, or postpone a decision on the request for a zone change. The application may not be postponed for more than two meetings. If approved, the planning and zoning administrator shall revise the official zoning map accordingly. If the application is denied there may be no reapplication for the same site for a period of 90 days.

a. All conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner(s) of the land, their successors or assigns.

b. All of the special conditions shall be consented to in writing by the applicant and/or property owner.

c. The conditional use permit may be subject to periodic review, and it may be required that the applicant/property owner submit status reports regarding the use.

d. The resolution granting the application, together with all consent forms, may be recorded in the office of the county recorder.

3. The planning and zoning commission may approve, conditionally approve, deny or postpone a decision on any application for a conditional use. Action on the application may not be postponed for more than two meetings. Appeals of a decision of the planning and zoning commission shall be taken as provided in subsection (F) of this section. If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. No application for a conditional use permit, the denial of which, wholly or in part, has not been appealed, shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the planning and zoning commission.

F. Appeal of Planning and Zoning Commission Decision.

1. Any aggrieved person or party, including but not limited to an applicant, adjacent property owner, town resident, town staff member, planning and zoning commission member or town council member, can appeal the decision of the planning and zoning commission.

2. Such appeal shall be forwarded to the town council for final determination and decision.

3. Such appeal shall be made within 15 calendar days of the decision of the planning and zoning commission, on a form as required by the planning and zoning administrator. Applicable fees shall be as required by the town.

4. Such appeal shall be subject to the notice provisions of TTC 18.75.020.

5. If the appeal of the denial of an application is denied by the town council, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial of such an appeal, except on grounds of new evidence or proof of change of conditions found to be valid by the council. Any resubmission on grounds of new evidence or changed conditions after denial of appeal shall be to the council.

G. Notification of Council Action. The applicant shall be notified in writing of the action taken by the planning and zoning commission, or, in the case of an appeal, action taken by the council, within 30 days of its action. If the applicant’s request has been granted, a zoning clearance form may be issued upon the signature of the planning and zoning administrator, and any conditions, automatic termination date, or period of review shall be stated on the permit.

H. Violation. A violation of the conditions of a conditional use permit shall constitute a violation of the conditional use permit and of this title and shall be subject to the enforcement regulations of this title and applicable sanctions, including but not limited to revocation of the conditional use permit or the placement of additional conditions on the use by the planning and zoning commission and/or the council in the case of an appeal.

I. Modifications to Approved Structures. Any proposed additions, enlargements or modifications of the structures approved in any conditional use permit, or any proposed extension of the use into areas not approved in any such permit, shall be subject to the procedures described in TTC 18.75.060.

J. Nonconforming Conditional Uses. Any use that the town may allow as a conditional use, existing at the time the ordinance codified in this title or any amendments thereto become effective, shall be considered a nonconforming use unless such use has been established as a conditional use as provided in this title. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 60 § 3, 2001; Ord. 48 § 2, 1998. Code 1983 § 12-7-4.]

18.75.045 Procedure for establishment of a PAD.

A. Rezoning. Applications for rezoning property to a PAD shall be submitted in the same manner and shall be reviewed and considered in the same manner as other applications to change the zoning classification of property by amendment to the official zoning district map as set forth in TTC 18.75.030.

B. Master Plan. Every application for rezoning to the PAD shall include a master plan for the site development. The plan shall include all of the following and shall be submitted in such numbers as required by the planning and zoning commission:

1. A plat, legal description of the property and verification of ownership or control of the applicant.

2. Existing zones and structures on the subject site, and existing zoning and use on adjacent properties.

3. An inventory of the major site characteristics and natural features, topography with contour intervals of five feet or less.

4. Description of proposed development, including its general character.

5. A land use plan for the site.

6. Statements or graphic representations showing proposed development standards such as minimum yard requirements, maximum building heights, etc.

7. General plans for public services and road access.

8. Statement and graphic representations of typical general character and architectural and design guidelines.

9. Covenants and restrictions.

10. Development and phasing schedule.

11. Such other information as deemed necessary by the planning and zoning administrator, planning and zoning commission or town council.

C. Review and Consideration of Application. Prior to the submission of an application and master plan, the applicant shall participate in at least one preapplication meeting with town officials.

D. Approval of Subdivision and Plans of Development. Prior to any development, subdivision plats as required by the subdivision ordinance and plans of development as required by this title shall be submitted and must meet the requirements of the PAD.

E. Modifications or Amendments to Approved Master Plan. The planning and zoning administrator may grant minor modifications to an approved PAD plan when such will not: alter the property boundaries; conflict with the requirements of this title; significantly decrease the width or depth of any yard, setback or buffer area; significantly alter point of access to the property or internal circulation system; or significantly alter the arrangement of major site plan elements. Changes other than minor modifications will require submission of a new application.

F. Failure to Submit Plats or Plans of Development. Failure to submit a subdivision or plan of development within 12 months of approval of the district shall cause town council to initiate action to revert the property back to its original classification. [Ord. 2018-02 § 1; Ord. 2016-02 § 1.]

18.75.050 Site plan review procedures.

A. Requirements and Procedures.

1. All developments within the town, except individual single-family, duplex and triplex residential units, shall be subject to site plan review, and shall receive approval of the site plan prior to issuance of any permits for development of the lot. Site plan review involves one or more of the following:

a. Four or more dwelling units in a multiple structure or structures;

b. Expansion of existing commercial or industrial uses involving 15,000 or more square feet of:

i. Commercial space;

ii. Industrial space;

c. One or more new buildings on one existing, vacant site for:

i. Commercial use over 5,000 square feet;

ii. Industrial use;

d. Twenty thousand or more square feet of exterior storage of materials or goods;

e. Manufactured home and/or recreational vehicle rental communities;

f. Subdivisions (residential, commercial, etc.) consisting of six or more lots.

2. Any other site plan is considered minor and shall be reviewed through the building permit application process. All building permit applications shall include scaled plans and drawings showing sufficient information for the planning and zoning administrator and town staff to determine whether the proposed development will meet the development requirements of the town.

3. The planning and zoning commission has the right to review, and require revisions to, any proposed site plan. The purpose of this review is to relieve demonstrable adverse impacts of the development upon public safety, health, or welfare; to protect public investments in roads, drainage facilities, sewage facilities, etc.; to conserve the value of buildings; and to ensure that the regulations of the town are upheld.

4. Any required variances for site plans may be appealed to the town council (or board of adjustment if such body is designated).

B. Applicability of Procedures.

1. The procedures for site plan review, as set out in this section, shall apply to all R-2, COM, and IND zone changes, and all development other than single-family, duplex and triplex development within the town.

2. For those zone change requests that may not comply with the town general plan, the site plan shall be submitted in conjunction with the zone change application.

3. For zone change requests that may comply with the general plan, the site plan shall be submitted prior to any construction or development, and may be required as part of the zone change application.

4. For those areas with the desired zoning, the site plan shall be submitted and approved prior to any construction or development of the site.

C. Application for Site Plan Review Approval – Requirements. Applications for site plan review approval shall be on a form provided by the planning and zoning administrator. Site plans shall be submitted at least 21 days prior to the planning and zoning commission meeting at which they will be reviewed. The planning and zoning commission will at the applicant’s request then refer the application and comments to be heard by the town council for final consideration. The application shall be accompanied by the appropriate fee and development plans showing sufficient information for the town council and staff to determine whether the proposed development will meet the development requirements of the town. In all cases the application shall contain the following:

1. General.

a. Name of project/development;

b. Existing and proposed zoning;

c. Existing and proposed use;

d. Location of project/development by street address;

e. Location map, including area within one-half mile of site;

f. Name, mailing address and physical address of developer/owner;

g. Date of plan preparation;

h. North point indicator;

i. Scale of not less than one inch to 100 feet; and

j. Names and addresses of property owners within 200 feet of site.

2. Site plan, which is defined as a drawing, drawn to scale, and including:

a. Boundary line of property with dimensions;

b. Location, identification and dimension of existing and proposed distance of 100 feet unless otherwise stated:

i. Topographic contours at a minimum interval of two feet;

ii. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet;

iii. On-site streets and rights-of-way;

iv. Ingress and egress points;

v. Traffic flow on site;

vi. Traffic flow off site;

vii. Utilities and utility rights-of-way or easements:

(A) Electric;

(B) Natural gas;

(D) Cable TV;

(E) Water;

(F) Sewer (sanitary treated effluent and storm);

c. Buildings and structures;

d. Parking facilities, including bicycle racks;

e. Water bodies;

f. Surface water holding ponds and drainage ditches;

g. Surface water drainage arrows;

h. Floodplain or floodway boundaries;

i. Significant rock outcroppings;

j. Sidewalks, walkways, driveways, loading areas and docks, bikeways;

k. Provision for handicapped accessibility, including but not limited to wheelchair ramps, parking spaces, hand rails, and curb openings in accordance with A.R.S. sections 41-1492 and 41-1492.11;

l. Fences and walls;

m. Exterior signs;

n. Exterior refuse collection areas;

o. Exterior lighting;

p. Landscaping (detailed plan showing plantings, etc.):

i. Botanical and common names of vegetation to be used;

ii. Size of plantings at time of planting and at maturity;

iii. Areas to be irrigated;

q. Number of employee and nonemployee parking spaces, existing and proposed, and total square footage of each;

r. Site statistics including site square footage, percent of site coverage (building and parking), dwelling unit density, percent park or open space; and

s. A reproducible copy of the site plan with appropriate signatures shall be submitted upon approval.

3. Building Information (On Site).

a. Height above sea level of the lowest floor when the structure is proposed to be located in a floodplain area;

b. Gross square footage of existing and proposed structures; and

c. Front, rear and side elevations, with a description of exterior materials to be used.

4. Permits.

a. A listing of all required federal, state and town permits and status of applications;

b. Certificate of 100-year assured water supply (if applicable);

c. Certificate showing compliance with minimum county and state water quality standards.

D. Notice of Public Hearing. The notice of public hearing and notification procedures for site plan review shall conform to TTC 18.75.020.

E. Site Plan Review – Consideration Process.

1. In considering applications for site plan review, the town council shall consider the following:

a. Relationship of the plan elements to conditions both on and off the property;

b. Conformance to this title;

c. Conformance to the town’s general plan;

d. The impact of the plan on the existing and anticipated traffic and parking conditions;

e. The adequacy of the plan with respect to land use;

f. Pedestrian and vehicular ingress and egress;

g. Building location, height, orientation, design and appearance;

h. Landscaping;

i. Lighting;

j. Provisions for utilities;

k. Site drainage;

l. Open space;

m. Loading and unloading areas;

n. Grading;

o. Signs;

p. Screening;

q. Setbacks; and

r. Any other related matters.

2. The planning and zoning commission shall consider oral or written statements from the applicant, the public, town staff members, or its own members. It may question the applicant and approve, conditionally approve, deny, or table the development proposal. The application may not be tabled for more than two regular meetings of the commission.

3. If the planning and zoning commission shall determine that the proposed site plan will not be detrimental to the health, safety, or welfare of the community, nor will it cause traffic congestion or seriously depreciate surrounding property values, and at the same time is in harmony with the purposes and intent of this title, the plan for the area, and the general plan, then the town council may grant such site plan approval and impose conditions and safeguards as they deem necessary.

4. Site plan review applications may be denied by motion of the planning and zoning commission when such motion or consent shall constitute a finding and determination by the planning and zoning commission or staff that the conditions required for approval do not exist.

F. Duration of Site Plan Approval. Site plan approval shall be valid for one year from its date of approval, or until the zoning on a particular site lapses, whichever occurs first. The town may authorize extensions.

G. Procedure for Amendment to Site Plans.

1. Any amendment or modification to an approved site plan shall be submitted to the planning and zoning administrator for review and recommendation. All amendments shall be shown on a revised site plan drawing.

2. Amendments to site plans may be approved by the planning and zoning administrator if it is determined that such amendments are in substantial compliance with the originally approved site plan and the development requirements of the town. If it is determined that the amended site plan is not in substantial compliance with the originally approved site plan, the application shall be resubmitted and shall be subject to the same requirements as an original submittal. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 2011-04 § 3; Ord. 48 § 2, 1998. Code 1983 § 12-7-5.]

18.75.060 Conditional use permit procedures.

A. General. Certain uses, while generally not suitable in a particular zoning district, may under certain circumstances be acceptable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to the issuance of the conditional use permit and periodic review may be required. The conditional use permit shall be granted for a particular use and not for a particular person or firm. No conditional use permit shall be granted for a use which is not specifically designed as such in this title. Any use listed as a conditionally permitted use in a zoning district shall follow the procedures listed below and receive a zoning clearance prior to initiation of the use.

B. Conditionally Permitted Uses Designated. In addition to those conditionally permitted uses listed within a specific zoning district or otherwise listed in this title, the following uses shall be allowed in any zoning district upon receiving an approved conditional use permit from the town:

1. Wireless telecommunication facilities, such as cellular telephone and personal communication service receiving and transmission facilities, including any tower or accessory structure that exceeds the height limitation of the respective zoning district in which it is to be located (in all cases heights may be limited by a safe fall zone radius, generally 110 percent of structure height measured in all directions from base).

2. Manufactured home rental community, subject to the design criteria of TTC 18.60.140.

3. Recreational vehicle rental community, subject to the design criteria of TTC 18.60.140.

C. Application Required. The person applying for a conditional use permit shall fill out and submit to the planning and zoning administrator the appropriate form together with the required fee and site plan. The request for a conditional use permit shall follow the application procedures and other applicable requirements of TTC 18.75.050, Site plan review procedures.

D. Notice of Public Hearing. The notice of public hearing and notification procedures for a conditional use permit shall conform to TTC 18.75.020.

E. Planning and Zoning Commission Considerations and Findings.

1. Within 30 days after the conclusion of the public hearing, the planning and zoning commission shall approve, conditionally approve, or deny the conditional use permit application.

2. The planning and zoning commission, in approving a conditional use permit, by an affirmative vote of not less than the majority of all its voting members, find as follows:

a. That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate the use with the land and uses in the vicinity;

b. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

c. That the proposed use demonstrates adequate provisions for water and sewer;

d. That the proposed use will have no adverse effect upon the abutting property(ies);

e. That the proposed use shall be in conformance with the general plan;

f. That the conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. The conditions may include, but are not limited to:

i. Regulation of use;

ii. Special yards, spaces and buffers;

iii. Special fences, solid fences and walls;

iv. Regulation of design, landscaping or other aesthetic features;

v. Surfacing of parking areas;

vi. Requiring street, service road or alley dedications and improvements or appropriate bonds;

vii. Requiring the dedication of access rights;

viii. Regulations of points of vehicular ingress and egress;

ix. Regulation of signs;

x. Requiring maintenance of the grounds;

xi. Regulation of noise, vibrations, odors;

xii. Regulation of hours for certain activities;

xiii. Time period within which the proposed use shall be developed;

xiv. Time period/limit for the duration of use; and

xv. Other conditions as will make possible the development of the town in an orderly and efficient manner.

3. The planning and zoning commission shall, in addition to any other conditions, impose the following general conditions upon every conditional use permit granted:

a. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure;

b. All of the special conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, their successors or assigns;

c. All conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successors or assigns;

d. All of the special conditions shall be consented to in writing by the applicant and/or property owner;

e. The conditional use permit may be subject to periodic review, and it may be required that the applicant/property owner submit status reports regarding the use;

f. The resolution granting the application, together with all consent forms, may be recorded by the county recorder.

4. Applications for conditional use permits may be approved, conditionally approved, or denied by motion of the planning and zoning commission. If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the council.

F. Notification of Planning and Zoning Commission Action. The applicant shall be notified in writing of the action taken by the planning and zoning commission within 30 days of its action. If the application has been granted, a zoning clearance form may be issued upon the signature of the planning and zoning administrator, and any conditions, automatic termination date, or period of review shall be stated on the permit.

G. Violation. Violations of the conditions of a conditional use permit, as determined by the planning and zoning administrator, shall constitute a violation of the conditional use permit and of this title and shall be subject to the enforcement regulations of this title, including but not limited to revocation of the conditional use permit or the placement of additional conditions by the planning and zoning commission.

H. Modifications to Approved Structures. Any proposed additions, enlargements or modifications of the structures approved in any conditional use permit, as determined by the planning and zoning administrator, or any proposed extension of the use into areas not approved in any such permit, shall be subject to the procedures described in this section. Disagreements with any determination by the planning and zoning administrator may be appealed to the planning and zoning commission and/or town council.

I. Nonconforming Conditional Uses. Any use that the town may allow as a conditional use, existing at the time the ordinance codified in this title or any amendments thereto become effective, shall be considered a nonconforming use unless such use has been established as a conditional use as provided for in this title. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 2011-04 § 4; Ord. 48 § 2, 1998. Code 1983 § 12-7-6.]

18.75.070 Variance procedures.

A. General. The planning and zoning commission may allow a departure from the terms of the zoning regulations contained in this title that pertain to height or width of structures, or the size of yard and open spaces where such departure will not be contrary to the public interest, and where, owing to conditions peculiar to the property because of its size, shape or topography, and not as a result of any action of the applicant, the strict and literal enforcement of this title would deprive the owner of the reasonable use of the land and/or building involved.

B. Application for a Variance. A request for a variance shall be made by filing an application with appropriate fees with the planning and zoning administrator at least 21 days prior to the planning and zoning commission meeting. Such application shall be accompanied by a site plan showing such information as the planning and zoning administrator deems necessary. The plans shall contain sufficient information for the board to make a proper decision on the request. The request shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. In all cases, the application shall include:

1. Name and address of the applicant.

2. The legal description, including the tax assessor’s parcel number, of the property involved in the request for the variance, and the street address, if any, of the property.

3. The names and addresses of the owners of the property and any other persons having a legal interest in the property.

4. A site plan drawn to scale showing the property dimensions, adjacent streets, drive accesses, driveways and parking areas, sidewalks, grading, landscaping, existing and proposed buildings, and location of all utilities, as applicable.

5. The actual variance request and the reasons for the request.

6. Evidence of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six months after issuance of the permit.

C. Notice of Public Hearing. The notice of public hearing and notification procedures for a variance shall conform to TTC 18.75.020.

D. Evidence Required for a Variance. At the public hearing on a variance application, the applicant shall present a statement and adequate evidence in such a form as the board may require showing:

1. That there are special circumstances or conditions applicable to the property referred to in the application which do not prevail on other property in that zone;

2. That the strict application of the regulations would work an unnecessary hardship and that the granting of the application is necessary for the preservation and enjoyment of substantial existing property rights;

3. That the granting of such application will not materially affect the health or safety of persons residing or working in the neighborhood, and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.

E. Planning and Zoning Commission Action. In the event the planning and zoning commission determines that substantial conformity to the standards previously established in the zoning district may be secured, and that detriment or injury to the neighborhood will not result from the granting of the variance applied for, the commission may, upon the affirmative vote of three-fourths of all the members of the commission, approve or conditionally approve a variance, or, by simple majority, postpone a decision on the variance request. A decision shall not be postponed for more than two consecutive meetings. Upon approval or conditional approval, the commission shall transmit notice of its action to the planning and zoning administrator, along with the issuance of a zoning clearance and/or building permit. A report of the commission’s findings and recommendations, and any conditions imposed or required, shall also be submitted promptly to the town council in the form of official minutes of the commission’s meeting(s).

F. Appeal of Planning and Zoning Commission Decision.

2. Such appeal shall be forwarded to the town council for final determination and decision.

4. Such appeal shall be subject to the notice provisions of TTC 18.75.020.

G. Conditional Approval. In approving any variance, the planning and zoning commission may designate such conditions in connection therewith as will in its opinion substantially secure the objectives of the regulation or provision as to which such variance is granted, to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted, and shall provide the planning and zoning administrator with a copy of the same.

H. Guarantees. Where necessary, the planning and zoning commission may require guarantees, in such form as it may deem proper under the circumstances, to ensure that the conditions designated in connection therewith are being or will be complied with. Where any condition under which a variance has been granted is violated, in the determination of the planning and zoning administrator, the variance shall cease to exist and the permit shall become null and void. Determination of the planning and zoning administrator may be appealed to the planning and zoning commission. Appeal shall be submitted within 30 days from date of determination. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 60 § 4, 2001; Ord. 48 § 2, 1998. Code 1983 § 12-7-7.]

18.75.080 Procedures for amendments to this title (text amendments).

A. General. In accordance with the provisions of Arizona Revised Statutes, the planning and zoning commission may recommend and the town council may from time to time adopt amendments to this title. An amendment to this title may involve changes in its text or wording, including but not limited to changes in the regulations regarding uses, setbacks, heights, lot areas, definitions, administration, and/or procedures. Such title amendments which do not include rezoning of property are herein referred to as “text amendments.” Text amendments may be initiated by the town council, recommendation of the planning and zoning administrator, planning and zoning commission, or by petition of a person whose property would be affected by the amendment.

B. Application Requirements. If an individual or other party initiates a request for a text amendment to this title, the request must be made on a form provided by the planning and zoning administrator. The request must state the exact section of the ordinance codified in this title proposed for amendment, the proposed substitute wording, and the reasons for requesting the amendment. Graphic material should also be submitted if it will assist in understanding the alleged benefits of the proposed amendment. The submittal must be made to the planning and zoning administrator and the processing fee paid at least 30 days prior to the date of public hearing by the planning and zoning commission. Amendments initiated by town staff, the planning and zoning commission or the town council shall not be subject to application fees.

C. Notice of Hearing. No amendment to this title shall be adopted until public hearings have been held thereon by the planning and zoning commission and by the town council. A notice of the time, date, place and purpose of the hearings shall be published at least once in a newspaper of general circulation, that is published or circulated within the town, at least 15 days prior to the date of the first hearing which shall be held by the planning and zoning commission and at least 15 days prior to the date of the first hearing which shall be held by the town council. The hearing date shall be set for not more than 30 days after the application for amendment has been received by the planning and zoning administrator and all appropriate processing fees are paid in full.

D. Hearing and Recommendation by the Planning and Zoning Commission.

1. A text amendment not initiated by the town council or planning and zoning commission shall be referred to the planning and zoning commission for study and public hearing and for a recommendation prior to any public hearings before the town council. In its deliberations on the matter, the commission shall consider oral or written statements from the applicant, the public, town staff, and its own members.

2. The planning and zoning commission may recommend approval, conditional approval, denial, or postponement of any application or recommendation for a text amendment. The application may not be postponed for more than two meetings. Once a recommendation is provided by the planning and zoning commission, the planning and zoning administrator shall schedule the text amendment request for the next available town council meeting, subject to the notice requirements of this chapter.

E. Hearing and Decision by Town Council. An amendment not initiated by the town council shall be referred to the council for study and public hearing, after a recommendation of the planning and zoning commission on the proposal. In its deliberations on the matter, the council shall consider oral or written statements from the petitioner, the public, town staff members, and its own members. The council may approve the request, deny the request, or postpone a decision on the request. A decision shall not be postponed for more than two consecutive meetings. The council shall forward the ordinance approving an amendment to the planning and zoning administrator and town clerk for inclusion in this title. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 60 § 5, 2001; Ord. 48 § 2, 1998. Code 1983 § 12-7-8.]

18.75.090 Temporary use permit procedures.

A. General. Uses permitted subject to a temporary use permit are those temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a permitted use or constructing a public facility. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community.

B. Temporary Uses Designated. Uses permitted subject to a temporary use permit include:

1. Christmas tree sales.

2. Carnivals, circuses and special events are not to exceed one week in duration. The three special events sponsored by the town, specifically the town Fourth of July celebration; Taylor Trapper Days celebration; and the Taylor Sweet Corn Festival, will be exempt from this requirement.

3. Temporary keeping and raising of rabbits, cavies, chickens (hens only), sheep, goats, or cattle in relation to a 4-H or Future Farmers of America project are allowed providing compliance with the following regulations:

a. 4-H and FFA project approval documents must accompany the application;

b. Only one town authorized street address will be permitted for the project;

c. Multiple projects at the same street address must not exceed the maximum allowance of animals per address;

d. All animals must be contained within the street address property;

e. Any corral, holding pen, hutch, coop or other structure for the containment of animals must be set back a minimum of 20 feet from all property lines;

f. Any corral, holding pen, hutch, coop or other structure for the containment of animals must be constructed so as not to be unsightly in the determination of the planning and zoning administrator, subject to the appeal process as provided under TTC 18.70.030(C);

g. Any corral, holding pen, hutch, coop or other structure for the containment of animals must be kept clean and odorless at all times, in the determination of the planning and zoning administrator, subject to the appeal process as provided under TTC 18.70.030(C);

h. The maximum number of animals allowed per project, per street address, is six rabbits or cavies; 12 hen chickens; two sheep; two goats; and two calves;

i. Any person(s) seeking to temporarily keep or raise any animal(s) as a 4-H or Future Farmers of America project which are not defined or designated in this section must obtain the written approval of the planning and zoning administrator, subject to the appeal process as provided under TTC 18.70.030(C);

j. Repetitive complaints, or validated complaints, by immediate neighboring residents may be cause for termination of the permit;

k. Any corral, holding pen, hutch, coop or other structure for the containment of animals which remains standing for an unreasonable amount of time after the 4-H or Future Farmers of America project is completed may be subject to removal in the event that it constitutes a violation of any other sections of the Taylor Town Code as determined by the planning and zoning administrator, subject to the appeal process as provided under TTC 18.70.030(C).

4. Temporary sales stands, such as fruit and vegetable stands, sales of electronic goods, appliances or furniture not associated with a principal use. Includes sales of such items from vehicles.

5. Temporary housing during construction of a home (includes use of a recreational vehicle or other housing as deemed appropriate by the town). The applicant shall have applied for a building permit and the building permit shall remain active throughout the use of the temporary housing. The temporary housing shall be removed when a certificate of occupancy for the dwelling is granted by the town.

6. Temporary construction office, including security office or residence. The applicant shall have applied for a building permit and the building permit shall remain active throughout the use of the temporary construction office, and the temporary construction office shall be removed when construction of the principal use is completed.

7. Emergency Housing. Temporary shelter required due to a natural disaster or other hardship as deemed to constitute an emergency by the planning and zoning administrator. Includes the use of recreational vehicles and mobile homes (including nonrehabilitated).

8. Tent revival meetings.

9. Other uses as the town council may, by resolution, deem to be within the intent and purpose of this title.

C. Application and Filing Fee. Application for a temporary use permit may be made by the property owner or authorized agent. The application shall be filed with the planning and zoning administrator who shall charge and collect a filing fee for each application, as provided in this title, except that the filing fee may be waived by the planning and zoning administrator for charitable, religious, patriotic or philanthropic (nonprofit) organizations. The planning and zoning administrator may also require any information deemed necessary to support the approval of a temporary use permit, including site plans as described in TTC 18.75.050(C).

D. Decision. Application for temporary use permit shall be reviewed by the planning and zoning administrator who shall approve, conditionally approve, or disapprove such application. Approval or conditional approval shall be given only when in the judgment of the planning and zoning administrator such approval is within the intent and purposes of this title. Any person aggrieved by the decision of the planning and zoning administrator may file an appeal with the town council (or board of adjustment if such body is designated).

E. Approval Made Subject to Conditions. In approving a temporary use permit, the approval shall be subject to a time limit and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. The conditions may include the following:

1. Regulation of hours;

2. Regulation of lights;

3. Requirement of bonds or other guarantees for cleanup or removal of structure or equipment;

4. Such other conditions deemed necessary to carry out the intent and purpose of this title. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 2010-04 § 1; Ord. 2010-03 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-7-9.]

18.75.100 Procedures for appeals to the town council (or board of adjustment if such body is designated).

A. Application for Appeal. Any aggrieved person, property owner, or any officer or department of the town affected by a decision of an administrative officer, pertaining to this title, may appeal the decision to the town council by filing an application with the planning and zoning administrator. The town council shall serve as the town’s hearing officer in appeals of required dedications and exactions. The application shall state the name and address (or town office) of the applicant and the reasons for filing the appeal. The application shall be made within 15 days of the date of the decision which is being appealed. The planning and zoning administrator shall then transmit to the board the complete record of the action for which the appeal is made. Appeals to the council may be made only in response to an action. There is no filing fee for an appeal as described in this section.

B. Stay of Proceedings. An appeal suspends the action taken and stays all proceedings in the matter, unless the town certifies that a stay would cause imminent peril to life or property. Upon such certification, proceedings shall not be stayed except by restraining order as injunctive relief granted by a court of record on application and notice to the town. Proceedings shall not be stayed if the appeal requests relief which has previously been denied except pursuant to a special action in superior court.

C. Notice of Hearing Required.

1. No appeal may be granted by the council until a public hearing has been held on the application. A notice of the time, date, place and purpose of the hearing shall be published in a newspaper of general circulation, published or circulated within the town at least 15 days prior to the date of the hearing.

2. If the appeal relates to a decision on a specific site, a similar notice shall be posted in conspicuous places close to or on the site affected, and shall be mailed at least 15 days prior to the hearing to each owner of the property situated within 300 feet of the property to which the appeal relates. The planning and zoning administrator shall be responsible for mailing the notice. For the purpose of giving mailed notice, the planning and zoning administrator shall require the applicant to furnish the names and addresses of all property owners within 300 feet of the property, and shall require the applicant to certify that the list represents the most current property owners as listed in the records of the Navajo County assessor’s office. Failure to receive notice by individual property owners will not necessarily invalidate the proceedings.

3. Notice of the time, date, place and purpose of the hearing shall be sent to the applicant at least seven days prior to the hearing date.

D. Review and Decision by the Council.

1. Within 45 days of the date of application, but no sooner than 15 days from the date of public notice, the council shall hear and decide arguments for appeal to the decision in question. The council shall consider oral or written statements from the appellant, his/her agent or attorney, the public and town staff members. The council shall also study the record of the action to which the appeal is related.

2. When addressing the appeal, the planning and zoning administrator (town) will bear the burden of proving that the dedications or exactions to be imposed on a property bear an essential nexus between the requirements and a legitimate governmental interest, and that the proposed dedication or exaction is roughly proportional to the impact of the use, improvement or development proposed by the applicant.

3. The council may, by three-fourths vote of the members present, approve or deny an appeal or, by simple majority, table the appeal. If tabled, the council shall make a decision on the appeal at the next regularly scheduled meeting of the council. A decision shall not be tabled for more than two consecutive meetings. The council may impose such conditions and safeguards as it deems necessary to satisfactorily correct the situation in question, but it shall not attempt to infringe upon matters not specifically contained in the appeal.

E. Notice of Council Decision. The council shall issue a written notice of its decision to all concerned parties and to the planning and zoning administrator and the town clerk, who shall make official record of the decision. The notice shall state the facts of the matter as determined by the council, the reason for its decisions, and any conditions applied to the decision.

F. Appeal of a Decision of the Town Council. If the applicant is dissatisfied with any decision of the town council, the applicant may file a complaint for a trial de novo with the superior court within 30 days of the council’s decision. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-7-10.]

18.75.110 Zoning clearance procedures.

A. General. No person, firm, corporation or government agency/entity shall commence new construction or obtain a building permit for any building or structure in the town, without first obtaining a zoning clearance for each property or lot. In addition to the development standards and regulations set forth in this title, issuance of a zoning clearance may require one or more of the following procedures prior to issuance:

1. General plan amendment.

2. Zone change.

3. Site plan review.

4. Text amendment.

5. Conditional use permit variance.

6. Variance.

7. Temporary use permit.

B. Zoning Clearance Application. Application for a zoning clearance may be made by the property owner or authorized agent. The application shall be filed with the planning and zoning administrator who shall charge and collect a filing fee for each application, as provided in this title, except that the filing fee may be waived by the planning and zoning administrator for charitable, religious, patriotic or philanthropic (nonprofit) organizations. The planning and zoning administrator may also require any information deemed necessary to support the approval of a zoning clearance, including site plans as described in TTC 18.75.050(C).

C. Decision. Application for a zoning clearance shall be reviewed by the planning and zoning administrator, who shall approve, conditionally approve, or disapprove such application. Approval or conditional approval shall be given only when in the judgment of the planning and zoning administrator such approval is within the intent and purposes of this section and that any stipulations placed upon an administrative process as regulated in this chapter have been met. Any person aggrieved by the decision of the planning and zoning administrator may file an appeal with the town council (or board of adjustment if such body is designated).

D. Approval Made Subject to Conditions. In approving a zoning clearance, the approval may be subject to conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. The conditions may include the dedication of rights-of-way or easements, screening or landscaping, but in no case be more restrictive than the terms and conditions expressed for a particular zoning district as described in this title. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-7-11.]

18.75.120 Building permits and certificates of occupancy.

A. General. No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure (including any sign, factory-built modular home, manufactured home, [rehabilitated] mobile home, etc.) in the town, or cause the same to be done, without first obtaining a separate building permit for each building or structure from the town, as set forth in the International Building Code (IBC) as adopted and amended by the town.

B. Building Permit Application. In order to facilitate the administration of the provisions of this title and the International Building Code of the town, each application for a building permit shall comply with the requirements as set forth in IRC Sections 105 and 110 and as follows:

1. Identify and describe the work to be covered by the permit for which the application is made;

2. Describe the land on which the proposed work is to be done, by tax assessor’s parcel number, lot, block, tract, and house and street address, or similar description that will readily identify and definitively locate the proposed building or work;

3. Indicate the use or occupancy for which the proposed work is intended;

4. Be accompanied by plans and specifications as required in this section;

5. State the valuation of the proposed work;

6. Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority;

7. Give such other information as reasonably may be required by the town;

8. In addition hereto, said application shall contain the following:

a. A drawing or plat, in duplicate, drawn to scale and showing the lot, the proposed buildings (to include projection) thereon, the dimensions of lot and building, and the exact location of the proposed building on the lot;

b. The present use of any existing building on the same lot;

c. Such information on front yard depths and other yard sizes on other lots, together with such other information as the planning and zoning administrator shall require for the proper enforcement of the zoning ordinance.

C. Building Permit Regulations.

1. No person shall construct or cause to be constructed any building or addition to any building within the corporate limits of the town which does not meet or exceed the standards as set forth in the International Building Code as adopted and amended by the town.

2. A building permit fee may be charged pursuant to TTC 18.05.040. In addition, any person beginning construction without a building permit, as required under this title, may be charged a penalty fee in addition to the normal fee, as established by the town.

D. Certification of Occupancy Required Prior to Certain Actions. A certificate of occupancy, stating that all of the provisions of this title have been fully complied with, including any stipulations as placed on an administrative process required under this chapter, shall have been obtained from the planning and zoning administrator before:

1. Any structure for which a building permit is required is used or occupied, including any conversion of any building to provide additional dwelling units;

a. Any use of an existing structure is changed to a use of a different classification;

b. Any use of a nonconforming use is changed.

2. In the case of a structure or use established, altered, enlarged, or moved after conditional approval thereof by the council, such certificate shall be issued only if all the conditions thereof have been satisfied.

3. Application for a certificate of occupancy shall be made and filed with the planning and zoning administrator when any structure or use for which a certificate is required is ready for use or occupancy. Within three days after the filing thereof, the planning and zoning administrator shall inspect such structure or use, and if found to be in conformity with all provisions of this title, and if found that any applicable stipulation(s) placed on any procedure required under this chapter has been met, shall sign and issue a certificate of occupancy.

4. No permit or license required by the town or other governmental agency shall be issued by any department, officials or employees of the town or such governmental agency, unless the application for such permit or license is accompanied by a certificate of occupancy issued by the planning and zoning administrator. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 48 § 2, 1998. Code 1983 § 12-7-12.]

18.75.130 Enforcement.

A. Violations. When any building, structure or parcel of land regulated by this title is being used contrary to this title, the town may order such use discontinued, or such structure removed or restored, or the land or portion thereof vacated by notice served on any person causing the violation. Such person shall eliminate the violation within the time prescribed by the town after receipt of such notice, and bring the building, structure, parcel of land or portion thereof into conformance with the requirements of this title. Failure to comply fully with the conditions of approval of any permit is a violation of this title. Violations of this title related to TTC Title 14 shall further be reported to the Administrator of the Federal Insurance Administration and Arizona Department of Water Resources as a declaration for denial of insurance, stating that the property is in violation of a cited state or local law, regulation or ordinance, pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended.

B. Site Inspections. The town, members of the board of adjustment and town council, and other enforcement officers may, in the discharge of their duties, and for good or probable cause, enter any premises, building, or structure at any reasonable hour to inspect the same in connection with any application made under this title, or for any investigation or inspection as to whether or not any portion of such premises, building, or structure is being used in violation of this title. Written notice served on the owner or occupant of any premises sought to be inspected at least 24 hours before such inspection takes place shall be given in all cases in which permission to inspect has been refused. Every person who, after the receipt of such notice, denies or prevents, obstructs, or attempts to deny, prevent, or obstruct access to such premises is guilty of a misdemeanor.

C. The town manager, planning and zoning administrator, or a designee, the police chief, and all other officers of the town of Taylor otherwise charged with enforcement of the law shall enforce the provisions of this title. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 48 §§ 2, 4, 1998. Code 1983 § 12-7-13.]

18.75.140 Penalties.

A. Fines/Imprisonment. Any person, whether as principal, owner, agent, tenant, employee, or otherwise found violating this title, or violating or failing to comply with any order or regulation made hereunder, shall be subject to a Class 2 misdemeanor, and upon conviction thereof may be punished by a fine and/or imprisonment as prescribed by law for such a violation. Such person shall be subject to a separate offense for each and every day during which any such violation or failure to comply with these regulations is committed, continued, or permitted.

B. Prosecution. Any building, structure, or improvement set up, erected, built, or maintained, any fill, excavation, or development, or any use of property contrary to the provisions of this title shall be and the same is hereby declared to be unlawful and a public nuisance per se. The town attorney may, upon order of the council, direction by the town manager, or on his own initiative, immediately upon discovery of such public nuisance, commence all necessary actions or proceedings for the abatement, enjoinment, and removal thereof in the manner provided by law; and may take such other lawful steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate, enjoin, and remove such building or use and restrain and enjoin any person from setting up, erecting, building, moving, or maintaining any such building or using any property contrary to the provisions of this title or otherwise violating this title.

C. Exclusivity. All misdemeanors provided for herein shall be cumulative and exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or to remove buildings, structures, or improvements, nor prevent the enforcement, correction, or removal thereof. [Ord. 2018-02 § 1; Ord. 2016-02 § 1; Ord. 48 §§ 2, 4, 1998. Code 1983 § 12-7-14.]