Chapter 1
TITLE, PURPOSE AND SCOPElinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560
10-1-1: SHORT TITLE:
10-1-2: AUTHORITY:
10-1-3: PURPOSE AND INTENT:
10-1-4: APPLICABILITY:
10-1-5: CONFORMANCE WITH THE GENERAL PLAN:
10-1-6: INTERPRETATION:
10-1-7: COMPLIANCE:
10-1-8: TRANSITIONAL PROVISIONS:
10-1-9: FILING FEES:
10-1-10: ENFORCEMENT:
10-1-11: VIOLATIONS AND PENALTIES:
10-1-12: SEVERABILITY:

10-1-1: SHORT TITLE:linklink


These regulations shall be known and may be cited as the TOWN OF PARKER ZONING ORDINANCE and will be referred to herein as "this title". All appendices, exhibits and/or maps within this title are hereby adopted and shall be incorporated herein as a part of this title. (Ord. 03-2005, 9-6-2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560#s516475
10-1-2: AUTHORITY:linklink

This title is adopted pursuant to the authority contained in the Arizona Revised Statutes section 9-462 et seq., in order to conserve and promote the public interest, health, comfort, safety, convenience, and general welfare of the citizens of the town of Parker. (Ord. 03-2005, 9-6-2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560#s516476
10-1-3: PURPOSE AND INTENT:linklink


A. The purpose of this title and the intent of its application is to provide the minimum requirements for the implementation of the town of Parker general plan; to provide for procedures that respond uniformly and consistently to development proposals; to guide, control, and regulate the future growth and development of the town consistent with the municipal capability to provide utilities and services; to enhance the character and the stability of the residential, commercial, industrial, and recreational areas of the town. This title shall further provide for the preservation of open space, adequate light and air, avoidance of overcrowding of land and excessive concentration of population by establishing land use classifications and by imposing regulations on the use of land, on the location, height and bulk of buildings and structures and by establishing standards for design and development.


B. This title establishes offices, boards, and commissions and defines the power and duties of each; provides procedures for changing zoning districts and the standards which govern those districts, variances, use permits and all other permits required by this title; provides for enforcement, interpretation, and appeals; prescribes penalties for violations and infractions of these zoning regulations. (Ord. 03-2005, 9-6-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560#s516477
10-1-4: APPLICABILITY:linklink


A. The provisions of this title shall govern the development and the use of all buildings, structures, and land within the corporate limits of the town of Parker.


B. Any use not described and included by this title as being a permitted use, a use subject to conditions, or a use subject to a conditional use permit within a specific zoning district shall be prohibited and is a violation of this title.


C. No building, structure, or land shall be used or occupied, and no building, structure, or land shall be developed, and no permit, certificate or license shall be issued for any building, structure, or land unless it is in conformity with all applicable provisions of this title. Any permit, certificate or license issued in conflict with the terms or provisions of this title is subject to revocation and/or work stoppage order.


D. All changes to distinguishing traits or primary features or the use of a building or land, as evidenced by increased parking requirements, change of occupancy, change of outside storage, or other features, occurring to existing properties after the effective date hereof shall be subject to all provisions of this title. The use of a building or land shall refer to the primary or specific purpose for which the building or land is occupied, designed, intended, or maintained.


E. This title is intended to benefit the public as a whole and not any specific person or class of persons. Although through the implementation, administration and enforcement of this title, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the town of Parker shall not be enforceable in tort. (Ord. 03-2005, 9-6-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560#s516478
10-1-5: CONFORMANCE WITH THE GENERAL PLAN:linklink

This title is intended to implement the goals, objectives and policies of the "town of Parker general plan" and is hereby deemed to be in conformance with the adopted general plan. Any amendments to or actions pursuant to this title shall be in conformance with the general plan, as it may be amended from time to time. (Ord. 03-2005, 9-6-2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560#s516479
10-1-6: INTERPRETATION:linklink


A. The standards and restrictions established by this title shall be held to be the minimum requirements for the promotion of the general plan, and for the interpretation and administration of the zoning regulations, standards, restrictions, uses, procedures, enforcement, fees, administration, and all other areas addressed herein.


B. This title is not intended to interfere with, abrogate, or annul any existing provisions of other laws or ordinances, except those zoning and building ordinances specifically repealed by this title, and providing that they are not in conflict with this title. In the event of a conflict, the provisions of this title shall govern. This title also is not intended to interfere with, abrogate, or annul any private agreements between persons, such as easements, deeds, or covenants; except, that if this title imposes higher standards or a greater restriction on land, buildings or structures than an otherwise applicable provision of a law, ordinance, or a private agreement, the provisions of this title shall prevail.


C. Where other laws, ordinances, or private restrictions are more restrictive, the town cannot enforce the more restrictive laws, ordinances, or private restrictions as a part of this zoning ordinance.


D. This title amends the text of all other zoning ordinances previously adopted by the town of Parker, Arizona. (Ord. 03-2005, 9-6-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560#s516480
10-1-7: COMPLIANCE:linklink


A. No building permit or other permit required by this title may be lawfully issued nor shall a certificate of occupancy be granted until the zoning administrator or his/her designee has given authorization indicating all requirements of this title, all conditions and stipulations of approval, and any other specific project related requirements have been met.


B. Except as specifically provided to the contrary in this title, each review and approval required by this title shall be independent of every other review and approval, and no review or approval shall be deemed to waive or satisfy any other requirement set forth herein.


C. 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 conflict between a general requirement and a specific requirement, the specific requirement shall apply. (Ord. 03-2005, 9-6-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560#s516481
10-1-8: TRANSITIONAL PROVISIONS:linklink


A. All conditional uses which have been legally approved and established shall be permitted to proceed under such approvals, provided that the person, firm, or corporation that obtained such conditional uses have also obtained building permits for all buildings and structures to be constructed within ninety (90) days after the effective date hereof and provided that all construction is completed within six (6) months of the approval of such conditional use, unless the council action approving such conditional use had a longer period of time or unless a time extension is applied for and approved by council.


B. A master planned development, a planned area development, or a protected development rights plan, approved prior to the adoption of this title, will guide and control the specific development for such property. The provisions of this title shall apply to the master planned development and the planned area development if the prior plan approval has expired.


C. For any building, structure, or development for which plans have been reviewed and/or approved by the town, under the terms of the previous ordinance, the developer has ninety (90) days from the date the town notifies the developer that the plans are approved and/or permits are ready to be issued to pay for said permit and commence construction. Otherwise said building, structure, or development shall be in compliance with this title. (Ord. 03-2005, 9-6-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560#s516482
10-1-9: FILING FEES:linklink

The mayor and town council of the town of Parker may from time to time establish, and set by resolution, administrative fees considered necessary to enforce this title and for the administration and processing of applications for development. The developer/applicant shall, at the time of filing, pay to the town those established fees. These fees shall be nonrefundable. (Ord. 03-2005, 9-6-2005)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560#s516483
10-1-10: ENFORCEMENT:linklink


A. The zoning administrator shall be responsible for the enforcement of this title to further the promotion of the public health, safety, and general welfare.


B. The zoning administrator shall in no case grant permission for the issuance of any permit for the construction, reconstruction, alteration, demolition, movement or use of any building, structure, lot, or parcel if the zoning administrator determines that the building, structure, lot or parcel as proposed to be constructed, reconstructed, altered, used, or moved, would be in violation of any of the provisions of this title, unless directed to issue such permit by the board of adjustment after interpretation of this title or the granting of a variance. (Ord. 03-2005, 9-6-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560#s516484
10-1-11: VIOLATIONS AND PENALTIES:linklink


A. Unless a specific penalty is set forth herein any person, firm, or corporation found guilty of violating any provision of this title, or any amendments thereto, shall be guilty of a misdemeanor punishable as set forth in section 1-4-1 of this code; and each day of continued violation shall be a separate offense, punishable as described.


B. In addition to, or independent of, the penalties provided above, the town may bring a civil proceeding in a court of competent jurisdiction to enforce compliance with the terms of this title or to prevent, restrain, or abate any violation of the terms of this title.


C. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure, or land or cause or permit the same to be done in violation of this title. It shall also be unlawful for any person to violate any provision designated as a condition of approval either by the plan review process or through an amendment, conditional use permit, temporary use permit, variance, site plan, or appeal by an office, board, commission, or the town council as established by this title. (Ord. 03-2005, 9-6-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560#s516485
10-1-12: SEVERABILITY:linklink


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, building, or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. (Ord. 03-2005, 9-6-2005)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=55560#s516486