(A) Purpose and applicability. The purpose of this section is to provide procedures by which changes may be made to the text or map of the general plan.
(B) Initiation of amendments. An amendment to the general plan text or map may be initiated by:
(1) Town Council on its own motion;
(2) The Planning and Zoning Commission;
(3) The Zoning Administrator; or
(4) The owner of the subject property or authorized agent.
(C) Timing of amendments.
(1) Major amendments. All applications for major amendments to the general plan shall be heard by the Town Council at a single hearing during the calendar year in which they are filed. Applications for major amendments shall be filed by the date provided on the application schedule in order to be considered in that calendar year.
(2) Minor amendments. Applications for minor amendments may be filed and heard at any time during the calendar year.
(D) General plan amendment application process.
(1) Pre-application conference. Prior to the submission of an application for a general plan amendment, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in § 152.086(A).
(2) Application submittal. A complete application for a general plan amendment shall be submitted to the Zoning Administrator as required by § 152.086(B).
(3) Citizen review process. All applications to amend the general plan shall be subject to a citizen review process. The Zoning Administrator may establish additional procedures for the citizen review process. The citizen review process shall at a minimum conduct a neighborhood meeting in accordance with the procedures set forth in § 152.086(C).
(4) Application review and report. Upon receipt of a complete general plan amendment application, the Zoning Administrator shall review the proposed amendment and prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with § 152.086(D).
(5) Notification. Public notification shall be provided in compliance with § 152.086(E). In addition, at least 60 days before a new general plan or major amendment of a general plan is noticed pursuant to this section, the Community Development Department shall transmit the proposal to the Planning Commission and the Town Council and shall submit a copy for review and further comment to:
(a) The Mohave County Planning Agency;
(b) Each municipality that is contiguous to the corporate limits of the town;
(c) The regional planning agency;
(d) The state agency that is designated as the general planning agency for the State of Arizona;
(e) Any ancillary military facility as defined under state law, if an element of or amendment to the general plan is applicable to territory in the vicinity of such a facility;
(f) The Attorney General, if an element of or major amendment to the general plan is applicable to property in the high noise or accident potential zone of any ancillary military facility, as defined under state law; and
(g) Any person that requests in writing to receive a review copy of the proposal.
(6) Planning and Zoning Commission review and recommendation. The Planning Commission shall conduct at least one public hearing for all general plan amendments. The Planning Commission may recommend the approval, approval with modifications or denial of the proposed amendment. If the Commission fails to make a recommendation to the Town Council within 90 days after closing the public hearing, the Planning Commission shall be deemed to have recommended denial and the application shall be scheduled for public hearing and action by the Town Council.
(7) Town Council review and action. The Town Council shall review the application in a public hearing. The Town Council may approve, approve with modifications or deny the application. Approval of any major amendment to the general plan shall require an affirmative vote by at least 2/3 of the members of the Council. Approval shall be by resolution.
(8) Written notification. The decision to approve, approve with conditions, or deny shall be communicated in writing to the applicant in compliance with § 152.086(G).
(E) Issues for consideration. In determining whether to approve, approve with conditions, or deny proposed general plan amendments, issues for consideration shall include but not be limited to:
(1) Whether the development pattern contained in the future land use plan provides appropriate optional sites for the use proposed in the amendment;
(2) That the amendment constitutes an overall improvement to the general plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time;
(3) The degree to which the proposed amendment will impact the community as a whole or a portion of the community by:
(a) Significantly altering acceptable existing land use patterns;
(b) Requiring larger and more extensive improvements to roads, sewer, or water systems than are needed to support the prevailing land uses in which, therefore, may negatively impact development of other lands. The Commission and/or the Town Council may also consider the degree to which the need for such improvements will be mitigated pursuant to binding commitments by the applicant, a public agency, or other sources when the impacts of the uses permitted pursuant to the general plan amendment will be felt;
(c) Adversely impacting existing uses due to increased traffic on existing systems; or
(d) Affecting the livability of the surrounding area or the health and safety of present or future residents;
(4) That the amendment is consistent with the overall intent of the general plan;
(5) Whether there was an error or oversight in the original general plan adoption that did not fully consider facts, projects or trends which could reasonably exist in the future;
(6) Whether events subsequent to the general plan adoption have superseded the original premises and findings made upon plan adoption;
(7) Whether events subsequent to the general plan adoption may have changed the character and/or condition of the area so as to make the application acceptable; and
(8) The extent to which the benefits of the plan amendment outweigh any of the impacts identified in divisions (E)(1) through (8) hereto.
(F) Appeal. An appeal from any final decision regarding a Town Council action shall be filed with the Superior Court within 30 days of the decision. If no appeal is filed in writing within 30 days, the decision shall be considered final.
(Ord. 2020-02, passed 4-13-2020)