(A) Generally. In accordance with the provisions of Arizona State Statutes, the City Council may from time to time adopt amendments to the zoning ordinance. An amendment to this chapter may involve changes in its text and wording, including but not limited to changes in the regulations regarding uses, setbacks, heights, lot areas, definitions, administration, and/or procedures. Ordinance amendments do not, however, include the rezoning of property. Amendments may be initiated by the Council, the Planning and Zoning Commission, or by petition of a person whose property would be affected by the amendment.
(B) Application of amendment. If an individual or other party initiates a request for an amendment to this chapter, the request must be made on a form provided by the Zoning Administrator. The request must state the exact section of the chapter proposed for amendment, the proposed substitute wording, and the reasons for requesting the amendment. Graphic material should also be submitted if it will assist in understanding the benefits of the amendment. The submittal must be made to the Zoning Administrator and the processing fee paid at least 30 days prior to the date of the public hearing by the Planning and Zoning Commission.
(C) Notice of hearing.
(1) No rezoning may be adopted until a public hearing has been held on the matter by the Planning and Zoning Commission, and if required under division (E) below by the City Council.
(2) A notice of the time, date, place, and purpose of the hearings shall be given at least 15 and not more than 30 calendar days before the hearing by:
(a) Publication in a newspaper of general circulation published or circulated within the city; and
(b) Posting of the property in a manner that is legible from the public right-of-way. The posting shall comply with the City of El Mirage Planning Department Site Posting Requirements.
(3) Notice shall also be sent by first class mail at least 15 days before the day of the first hearing to each owner of property situated wholly or partly within 300 feet of the property to which the rezoning relates. The Zoning Administrator shall be responsible for placing and mailing the notices. For the purpose of giving mailed notice, the Zoning Administrator may require the applicant to furnish the names and addresses of all owners of property within 300 feet of the property to be rezoned. The Zoning Administrator shall make a copy of the notice and a list of the owners and addresses to which the notice was sent as a part of the record of the proceedings. The failure to receive notice by individual property owners if notices were published and mailed 15 days prior to the hearing shall not necessarily invalidate the proceedings.
(4) In proceedings involving rezoning of land which abuts other municipalities or unincorporated areas of Maricopa County, or a combination thereof, copies of the notice of the public hearing shall be transmitted to the planning agency of such governmental unit abutting the land. In proceedings involving rezoning of land that is located within the territory in the vicinity of a military airport or ancillary military facilities as defined in A.R.S. § 28-8461, copies of notice of public hearing shall be sent by first class mail to the military airport.
(5) In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by state law.
(a) A 10% or more increase or decrease in the number of square feet or units that may be developed.
(b) A 10% or more increase or reduction in the allowable height of buildings.
(c) An increase or reduction in the allowable number of stories of buildings.
(d) A 10% or more increase or decrease in setback or open space requirements.
(e) An increase or reduction in permitted uses.
(D) Hearing and recommendation by the Planning and Zoning Commission. An amendment not initiated by the Planning and Zoning Commission shall be referred to the Commission for study and public hearing. In its deliberations on the matter, the Commission shall consider oral or written statements from the applicant, the public, city staff, and its own members. The Commission may recommend approval or disapproval, or it may table the proposed amendment. The proposed amendment may not be tabled more than two meetings in succession. The Planning and Zoning Commission shall notify the City Council, in writing, of its recommendation. The recommendation shall include the reasons for the recommendation and be transmitted to the Council not more than 15 days after the public hearing in which the recommendation was made.
(E) Hearing and decision by the City Council. The City Council, after receipt of the report and recommendation of the Planning and Zoning Commission, shall set a date within 30 days for a public hearing on the amendment request. An amendment which has been recommended for denial by the Commission shall not be reviewed by the Council except upon written request by the applicant. In its deliberations on the matter, the Council shall consider oral or written statements from the petitioner, the public, city staff members, and its own members. The Council may approve the request by ordinance, deny the request, or table the request for not more than 60 days.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
Editor’s Note:
The City of El Mirage Planning Department Site Posting Requirements, (adopted March 24, 2005), is available from the city upon request.