(A) Purpose and applicability. The purpose of this section is to provide procedures consistent with applicable state requirements by which changes may be made to the text of the zoning code.
(B) Initiation of amendments. An amendment to the text of this code may be initiated by:
(1) Town Council on its own motion;
(2) The Planning and Zoning Commission;
(3) The Zoning Administrator; or
(4) An application filed by an individual or group.
(C) Text amendment application process.
(1) Pre-application conference. Prior to the submission of an application for a text amendment, all individual or group 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 text amendment shall be submitted to the Zoning Administrator as required by § 152.086(B). At minimum a zoning text amendment application shall include:
(a) A written narrative identifying the section of the code to be amended, the proposed revised zoning text, how the proposed zoning text conforms with the general plan and why the text amendment is necessary;
(b) The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this code for an amendment to the zoning text.
(3) Citizen review process.
(a) In place of a neighborhood meeting, a citizen review session shall be held at a work session of the Planning and Zoning Commission scheduled at least five days prior to the public hearing at the Planning Commission for the consideration of any proposed text amendment. Landowners and other citizens potentially affected by the proposed text amendment shall have an opportunity to comment on the proposal.
(b) Notice of the citizen review session shall be given by the applicant at least ten days prior to the Planning Commission work session. The notice shall state the date, time, and place of the citizen review session and shall include a general explanation of the proposed text amendment. The method of notice to be used may vary according to the type of text amendment proposed. Any method of notice approved by the Zoning Administrator for the proposed text amendment shall be considered sufficient. The method of notice given may include, but is not limited to, the following:
1. A notice of a citizen review session shall be sent, via U.S. first class mail, to landowners, citizens potentially affected by the proposed text amendments, and any person or group who has specifically requested notice regarding the application;
2. Publication in a local newspaper of general circulation distributed to residents living within the town;
3. Posting at a minimum of three public places within the town; or
4. Posting on the official town website.
(4) Application review and report. Upon receipt of a complete text amendment application, the Zoning Administrator shall review the proposed text amendment for consistency with the goals and objectives of the general plan, and prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with § 152.086(D).
(5) Notification.
(a) Amendments to the text of this chapter involving either a 10% or more increase or decrease in the number of square feet or units that may be developed, a 10% or more increase or reduction in the allowable building height, an increase or reduction in the number of stories of buildings, a 10% or more increase or decrease in setback or open space requirements, or a change in permitted uses, shall be subject to notice requirements as set forth below or if amended per A.R.S. § 9-462.04.
(b) The town shall provide, at least 15 calendar days prior to the public hearing, notice to real property owners pursuant to at least one of the following notification procedures:
1. Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes.
2. If the municipality issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the municipality shall include notice of such changes with such utility bills or other mailings.
3. The municipality shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the municipality. The changes shall be published in a "display ad" covering not less than one-eighth of a full page.
4. If notice is provided pursuant to divisions 1. or 3. above, the municipality shall also send notice by first class mail to persons who register their names and addresses with the town as being interested in receiving such notice.
(6) Planning and Zoning Commission review and recommendation. The Planning and Zoning Commission shall review the application in a public hearing, and recommend approval, approval with modifications, or denial of the subject application. The Planning and Zoning 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 and Zoning 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 meeting; or a public hearing if any member of the public provides written objection to the recommendation of the Planning and Zoning Commission; and approve, approve with modifications, or deny the application. Approval shall be by ordinance. If a public hearing is held, public notification shall be provided in compliance with § 152.086(E).
(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).
(D) Issues for consideration. In determining whether to approve, approve with conditions, or deny proposed text amendments, issues for consideration shall include but not be limited to:
(1) The proposed amendment will promote the public health, safety, and general welfare;
(2) The proposed amendment is consistent with the general plan and the stated purposes of this development code; and
(3) The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions.
(E) 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)