19657 2/6, 2/13/26 ORDINANCE NO. 2026-100 AN ORDINANCE

19657 2/6, 2/13/26 ORDINANCE NO. 2026-100 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF PAYSON, ARIZONA, AMENDING THE TOWN OF PAYSON CODE OF ORDINANCES, TITLE XV, LAND USE, CHAPTER 154, UNIFIED DEVELOPMENT CODE, TO REPEAL §154- 02-014 DEALING WITH DESIGN REVIEW IN ITS ENTIRETY AND ADOPT A NEW $154-02-014; PROVIDE FOR ADMINISTRATIVE REVIEW AND APPROVAL OF CERTAIN DEVELOPMENT APPLICATIONS; TO ADOPT PROCEDURES FOR SELF- CERTIFICATION AND EXPEDITED PLAN REVIEW PURSUANT TO HOUSE BILL 2447 AND A.R.S. § 9-500.49; INCLUDING SEVERABILITY; REPEALING CONFLICTING ORDINANCES; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, during the First Regular Session of the Fifty-Seventh Legislature in 2025, the Arizona Legislature enacted House Bill 2447, which requires cities and towns to authorize administrative approval of qualifying development applications and to provide expedited review options for applicants with a demonstrated history of compliance; and WHEREAS, House Bill 2447 further authorizes municipalities to establish self- certification programs allowing registered architects and professional engineers to certify compliance with applicable codes and standards; and WHEREAS, the Town of Payson Code of Ordinances contains development review criteria that are administrative in nature but historically required Planning and Zoning Commission or Town Council approval; and WHEREAS, the Town Council desires to amend the Town Code to streamline development review, ensure compliance with state law, reduce unnecessary public hearings, and improve efficiency while maintaining public health, safety, and welfare; NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE TOWN OF PAYSON, ARIZONA, DO HEREBY ORDAIN AS FOLLOWS: Section 1. The following Sections and Subsections of the Payson Town Code, Title XV, Land Use, Chapter 154, Unified Development Code Section are amended as shown on Exhibit A attached hereto (ADDITIONS ARE SHOWN AS ALL CAPS, Deletions-are shown as strike through). Section 2: At least three copies of the Standardized Codes and the amendments to Title XV Chapter 154 adopted by this Ordinance shall be filed in the Office of the Payson Town Clerk and shall be maintained and kept available for public use and inspection. Section 3. All ordinances, resolutions, codes, or provisions contained therein that are in conflict with the provisions of this Ordinance or Code adopted by this Ordinance are repealed upon the effective date of this Ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or Code adopted by this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision will not be read to affect the validity of the remaining portions thereof. Section 5. This Ordinance does not affect the rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this Ordinance. Section 6. This Ordinance shall become effective at the time and manner prescribed by law and shall be codified in the Payson Town Code at that time. Section 7. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws of the State of Arizona, the Town Council has considered the individual property rights and personal liberties of the residents of the Town and the probable impact of the proposed ordinance on the cost to construct housing for sale or rent before adopting this ordinance. The Town Council has also considered a housing impact statement in accordance with A.R.S. § 9-462.01(J)(1)-(3). Section 8. The Town Clerk is hereby authorized to correct typographical and grammatical errors, as well as errors of wording and punctuation, as necessary, related to this ordinance as amended herein, and to make formatting changes needed for purposes of clarity and form or consistency within thirty (30) days following adoption by the Town Council. PASSED AND ADOPTED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF PAYSON, ARIZONA this 28th day of January, 2026, by the following vote: AYES 7 NOES 0 ABSENT 0 s/s Steve Otto, Mayor ATTEST: Tracie Bailey, Town Clerk APPROVED AS TO FORM: s/s Christina Estes- Werther Pierce Coleman, PLLC, Town Attorney