(A) Authority. The Council may, from time to time, upon the recommendation of the Commission amend, supplement, change or repeal the Zoning Code regulations (i.e., Zoning Code text) and/or Zoning Map boundaries (i.e., rezoning). The Council shall have the power to approve, modify and approve with conditions or deny the Commission's recommendation.
(B) Request to amend.
(1) By Commission or Council. Request to amend the Zoning Code regulations or Zoning Maps may be initiated by the Council or Commission on its own motion.
(2) By private party. Petition by a private party for a Zoning Map amendment shall be made to the Commission on a form and application provided for that purpose by the Development Services Department and shall be signed and notarized by the real property owners of the properties to which the Zoning Map amendment applies.
(C) Citizen review process. Prior to any Commission public hearing regarding a Zoning Map amendment initiated by a private party, a Citizens Review Process shall be required pursuant to Vol. II, § 1-16-7(B).
(D) Public hearing and notice. The Commission shall hold a public hearing on any proposed amendment to the Zoning Code regulations or Zoning Map boundaries, and city staff shall provide the following notice:
(1) Newspaper publication. Notice of the time, date and place of the hearing, including a general description of the matter to be considered and a general description of the area affected, shall be published in a newspaper of general circulation that is published or circulated in the community. The publication notice shall be at least 15 calendar days before the hearing, and shall be published as required by A.R.S. § 9-462.04, as amended.
(2) If the proposed amendment involves a change to the Zoning Code standards, the changes, or reference to where the changes may be publically viewed, shall be published in a display ad covering not less than 1/8 of a full page as per A.R.S. § 9-462.04(A)(4)(c).
(3) Property posting. The notice of public hearing shall be posted by the applicant in accordance with the instructions provided in the application materials.
(4) Outside agency notice. In proceedings involving Zoning Map amendments of land which abuts other municipalities or unincorporated areas of the county or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit abutting such land.
(5) Mailing notice for Zoning Map amendments. Proposed amendments to the Zoning Maps shall require that the city send notice by first class mail to each real property owner, as shown on the last assessment of the property, of the area to be rezoned and all property owners, as shown on the last assessment of the property, within 300 feet of the property to be rezoned to a non-industrial zoning district classification. Proposed rezoning to an industrial district classification shall require a mailing to property owners within 500 feet of the property to be rezoned. Mailing notices shall not be required for Zoning Code text amendments.
(E) Failure to receive notice. The failure of any person or entity to receive notice shall not constitute grounds for the city or any court to invalidate the actions of the Commission or Council.
(F) Planning and Zoning Commission decision. Following public hearing, the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the reasons for the recommendation and shall be transmitted to the Council in such form and manner as may be specified by the Council.
(G) City Council decision.
(1) If the Commission has held a public hearing, the Council may adopt the recommendation of the Commission without holding a second public hearing if there is no objection, request for public hearing or other protest. The Council shall hold a public hearing if requested by the aggrieved party or any member of the public or of the Council, or in any case, if no public hearing has been held by the Commission. Notice of the date, time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission.
(2) A request made by an aggrieved party or member of the public or of the Council for a public hearing to be held by the Council shall be made within 14 calendar days from the date the Commission votes upon a proposed amendment. The request shall be in writing on a form provided by the City Clerk and filed with the City Clerk.
(H) Conditions of Zoning Map amendment approval.
(1) Base district Zoning Map amendments. The Council may condition approval of base district Zoning Map amendments on the following:
(a) Dedication of public rights-of-way as streets (in accordance with city's Street Classification System), alleys, public ways, drainage and public utilities as are reasonably required by or related to the effect of the rezoning.
(b) Establishment of a schedule for development of the specific use or uses for which rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the legislative body, after notification by certified mail to the owner and applicant who requested the rezoning, may schedule a public hearing to take administrative action to extend or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.
(2) Planned Development Overlay District Zoning Map amendments. The Council may condition approval of a Planned Development Overlay Zoning Map amendment on modification of regulations in accordance with Vol. II, § 1-4-3 (PD District).
(I) Reconsideration of denied amendment. In the event that an application for amendment to the zoning district boundaries is denied by the Council, the Commission and Council shall not reconsider a similar application for at least 90 calendar days from the date of the denial action.
(J) Protests against Zoning Map amendment.
(1) If the owners of 20% or more either of the area of the lots included in a proposed Zoning Map amendment, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of 3/4 of all members of the Council. If any members of the Council are unable to vote on such a question because of a conflict of interest, the required number of votes for passage of the question shall be 3/4 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 legally established Council.
(2) Protests shall be filed with the Development Services Department no later than 5:00 p.m. on the Wednesday preceeding the Council meeting, or the following day if Wednesday is a holiday where City Hall is closed.
(K) Effective date. A decision by the Council involving rezoning of land which is not owned by the city and which changes the Zoning Map classification of such land may not be enacted as an emergency measure and such change shall not be effective for at least 30 days after final approval of the change in classification by the Council.
(L) Consistency with the General Plan. All Zoning Map amendments or Zoning Code text amendments adopted under this article shall be consistent with and conform to the adopted General Plan of the city. In the case of uncertainty in construing or applying the conformity of any part of a proposed amendment to the adopted General Plan of the city, the proposed amendment shall be construed in a manner that will further the implementation of, and not be contrary to, the goals, policies and applicable elements of the General Plan. An amendment conforms to the General Plan if it proposes land uses, densities or intensities within the range of identified uses, densities and intensities of the Land Use Element of the General Plan.
(M) Filing fees. Application fees for amendments to the Zoning Code regulations or the Zoning Maps shall be in accordance with Apache Junction City Code, Vol. I, Chapter 4
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(Ord. 1402, passed 5-6-2014)