A. Intent. Regulations set forth in this Ordinance and boundaries of Zoning Districts established by the Town may be amended, supplemented, changed, modified or repealed when deemed necessary to best serve the public interest, health, comfort, convenience, safety and general welfare of the citizens of the Town.
B. Review. Upon receipt of an application for an amendment, including requests for Planned Area Development Overlay Zoning Districts, Use Permits and Conditional Use Permits, the Development Services Director, or his/her designee, shall review the application for completeness and applicability to this Ordinance and the General Plan, comment on the proposal, and shall adhere to the posting and publication requirements required by Arizona law, including compliance with the Citizen Review Process provided in Section 1.9.5, prior to the public hearing before the Planning and Zoning Commission . Requests for amendments or change of zoning shall be considered by the Planning and Zoning Commission for the purpose of making a written recommendation, which shall, after holding a public hearing at which parties of interest and citizens have been heard, include the reasons for such recommendations, to the Mayor and Council. 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.
1. Council shall hold a public hearing if requested in writing by the applicant, or by any person appearing in opposition at the Commission hearing, or by any person who has filed a written protest, in accordance with Arizona law.
2. If an application for amendment is denied by Council, or the application is withdrawn after Commission hearing, the Commission shall not consider an application for the same amendment within one (1) year from the date of the original hearing.
C. Adoption. Adoption of an amendment may be subject to such conditions Council deems applicable to enforce this Ordinance. If one condition is a schedule for development of specific uses for which zoning is requested, and at expiration of that period the property has not been developed according to said schedule, it may be reverted to its former zoning classification by the Council.
D. Application. An application for an amendment shall be filed and signed by:
1. The owner of the property;
2. One (1) or more of several joint owners of property whose ownership constitutes a majority interest in the property;
3. Seventy five (75) percent, or more, of the owners of property in the area to be affected, when the application affects more than one (1) property; or
4. An agent of any property owner(s) authorized to sign as above, when the authority of the agent is in writing and filed with the application.
In addition to other requirements that the Town may adopt, any application for amendment shall include a statement of purpose for the amendment, a statement regarding access and utility availability, and a statement demonstrating conformance with the Town’s General Plan
E. Protests. If the owners of twenty (20) percent or more of the area of the lands included in a proposed ordinance or zoning map change, or those immediately adjacent in the rear or any side extending one hundred fifty (150) feet therefrom, or those directly opposite extending one hundred fifty (150) feet from the street frontage of opposite lots, file a protest in writing against a proposed ordinance amendment, such amendment shall not become effective except by favorable vote of three fourths (3/4) of the Council. If any member of Council is unable to vote because of a conflict of interest, then the required number of votes shall be three-fourths (3/4) of the remaining Council members (provided that required number of votes shall not be less than a majority of the full Council). Written protests must be filed with and received by the Town Clerk at least three (3) business days prior to the date of the public hearing at which the Ordinance or zoning map change will be heard by the Council.
F. Annexation. Areas, when annexed to the Town of Chino Valley, shall, until officially zoned by the Council, be considered to be zoned to match comparable County zoning designations as shown on the Official Zoning Map of Yavapai County at the time of annexation. Such County zoning shall apply for not more than six (6) months.
(Ord. 06-678, passed 11-9-2006; Ord. 14-786, passed 7-22-2014; Ord. 15-797, passed 6-23-2015)