The Town Council may, from time to time, following public hearings and Commission report as prescribed by this chapter, amend, supplement or change the Zoning Regulations or Map. Any such proposed change may be initiated by the Commission, the Town Council or by petition and application of property owners. An application for amendment shall be filed in the office of the Zoning Administrator on forms provided.
(A) District boundary change (rezoning). A property owner or authorized agent of a property owner desiring an amendment or change in the Zoning Regulations changing the zoning district boundaries within an area previously zoned shall file an application for the amendment or change.
(B) Zoning regulations change (text). An application for a change in the regulations (not otherwise addressed by A.R.S. requirements) shall be accompanied by the written consent of at least ten owners of property in the town area of jurisdiction.
(C) Commission action. Upon receipt of any proposed amendment, the same shall be submitted to the Planning and Zoning Commission for a report. Prior to reporting to the Town Council, the Commission shall hold at least one public hearing thereon, after giving at least 15 days' notice thereof by publication (at least once) in a newspaper of general circulation in the county seat, and by posting the area included in any proposed zoning district change.
(1) Prior to noticing for a proposed zoning district change, the Commission may (on its own motion) delimit a more compatible zoning area (or require the applicant to).
(2) If a proposed amendment is a Commission initiative at the written request of others, the proposal shall not be noticed prior to receiving the required fee and charges.
(3) In the event an application has been denied, the Commission may refuse to consider a similar application within 12 months of application date.
(4) Failure of the Commission to report to the Town Council within 60 days of date of application shall be deemed to be a neutral report.
(D) Town Council action.
(1) Upon receipt of the Planning and Zoning Commission report, the Town Council shall, within a reasonable time thereafter, hold at least one public hearing after giving at least 15 days' notice thereof by publication at least once in a newspaper of general circulation in the county seat and by posting the area included in any proposed zoning district change. The hearing notice may be simultaneous with that of the Planning and Zoning Commission or at anytime thereafter. After the hearing, the Town Council may take appropriate action.
(2) In the event 20% or more of the owners of property by area and number within the zoning area file a protest to the proposed change, the change shall not be made except by a three-fourths vote of all members of the Council. If any members of the Council are unable to vote on the question because of a conflict of interest, the required number of votes for the passage of the question is three-fourths of the remaining membership of the Council, except that the required number of votes in no event shall be less than a majority of the full membership of the Council.
(3) In calculating the owners by area, only that portion of a lot or parcel of record situated within 300 feet of the property to be rezoned shall be included. In calculating the owners by number or area, town property and public rights-of-way shall not be included.
(E) Noticing for hearings.
(1) Posting and advertising. The Zoning Administrator shall post in no less than two places with a least one notice for each one-quarter mile of frontage along perimeter public right-of-way so that notices are visible from the nearest public right-of-way, and determine the wording of the advertising so as to be, in his or her judgment, an effective means of noticing the application hearing.
(2) Notice by mail. The Zoning Administrator shall mail notices by first class mail of the Planning and Zoning Commission hearing, from a list supplied by the applicant, to each real property owner as shown on the last assessment of the property within 300 feet of a proposed district boundary change.
(a) The list shall be certified by a title company as current owners, or certified by the applicant as last owners of record in the County Assessor's office.
(b) The notice sent by mail shall include, at a minimum, the date, time and place of the hearing on the proposed amendment or change including a general explanation of the matter to be considered, a general description of the area of the proposed amendment or change, how the real property owners within the zoning area may file approvals or protests of the proposed rezoning, and notification that if 20% of the property owners by area and number within the zoning area file protests, an affirmation vote of three-fourths of all members of the Board will be required to approve the rezoning.
(Ord. § 208, passed 9-4-2008)