(A) Generally. In accordance with the provisions of Arizona Revised Statutes, the City Council may from time to time change the zoning of parcels of and within the municipality. These changes in zoning classification are for the purpose of meeting the land use needs of the residents of the city in conformance with the city’s general plan. Rezonings may be initiated by the City Council, the Planning and Zoning Commission, the owner of property proposed for rezoning, the lessee having a leasehold interest of not less than five years exclusive of an option to renew, or the agent of any of the foregoing, duly authorized in writing, or by petition of the person whose property would be affected by the rezoning.
(B) Application for rezoning. An application for a rezoning shall be made on a form provided by the Zoning Administrator. On the application form shall be indicated the legal description of the property, the present zoning classification, and the recommended use of this property by the city’s general plan. With the application, the applicant shall submit a one-inch equals 100 foot scale diagram of the rezoning illustrated on a standard section line map. The applicant shall present evidence to the Zoning Administrator of ownership or type of controlling interest in the property (e.g., option to purchase). This application shall be completed, verified by a notary public, and submitted along with the established fee to the Zoning Administrator at least 21 days prior to 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 published in a newspaper of general circulation, published or circulated with the city at least 15 days prior to the date of the first hearing and at least 15 days prior to the date of any subsequent hearing.
(3) A similar notice shall be mailed at least 15 days before the day of the first hearing to each owner of property situated wholly or partially within 200 feet of the property to which the rezoning relates. The Zoning Administrator shall be responsible for placing and mailing such notices. For the purpose of giving mailed notice, the Planning Director shall require the applicant to furnish the names and addresses of all owners or property within 200 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 the governmental unit abutting the land.
(D) Hearing and recommendation by the Planning and Zoning Commission. A rezoning 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 rezoning application. The application 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 may, after receipt of the report and recommendation of the Planning and zoning Commission, consider the rezoning request. If requested in writing by any member of the public or of the City Council, the Council shall hold a public hearing on the request. A rezoning which has been recommended for denial by the Commission shall not be reviewed by the Council except upon written request by the applicant, and shall then require a public hearing. Notice of the time and place of the hearing shall be given in the time and manner provided for giving of notice of the hearing by the Commission as specified in division (C) above. During any public hearing on the matter, the Council shall consider oral or written statements from the applicant, city staff, the public, and its own members. The Council may approve any request for rezoning by ordinance, deny the request, or table the request. The application may not be tabled more than two meetings. If approved, the zoning Administrator or designee shall revise the official zoning map accordingly.
(F) Duration of zoning approval (conditional rezoning).
(1) Approval of a rezoning request shall be conditioned upon the start of construction beginning within one year of the date of approval action taken by the City Council. If, at the expiration of this period, the start of construction has not begun for the use based upon the Commission’s approved site plan for which the zoning was conditionally approved, the property shall revert to its former zoning classification without Council or Commission action.
(2) The city may authorize extensions when deemed necessary.
(G) Public protest against amendment. If there is a written protest against a change in the zoning classification of a parcel of land, signed by the owners of 20% or more of the area of lots included in the proposed change, or of those within a distance of 150 feet, not including street rights-of-way, the change shall not be approved except upon the affirmative vote of three-fourths of all of the members of the City Council. If any members of the governing body are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the Council, provided that the required number of votes shall in no event be less than a majority of the full membership of the Council.
(H) Right-of-way dedication. The Planning and Zoning Commission may require as a condition to the change of zone, the dedication of right-of-way necessary for roadways as prescribed by the circulation plan contained in the city’s general plan. The Commission may also require dedication of land for future roadway construction that is greater than that called for in the circulation plan of the general plan if it is deemed to be in the best interest of the city.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)