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The preparation and filing of applications for land use permits, entitlements, amendments (e.g., General Plan, Zoning Map, and Zoning Ordinance), and other matters pertaining to this chapter shall comply with the following common procedures, unless an exception to the common procedure is expressly identified in subsequent sections of this chapter. Subsequent sections include additional provisions that are unique to each type of application, including City staff and review board assignments and approval criteria. (Ord. 18-880, 7-23-2018)
A. When Required: A pre-application meeting is held with each applicant to discuss the nature of the proposed application, application submittal requirements, the procedure for action, and the standards for evaluation of the application. A pre- application meeting shall be required for all proposed:
1. General Plan amendments;
2. Text amendments;
3. Zoning Map amendments (rezone);
4. Planned area developments;
5. Subdivisions;
6. Conditional use permits;
7. Annexations;
8. Site plan review; and
9. Variances.
An applicant for a project not requiring a pre-application review may request, in writing to the Zoning Administrator, such review.
B. Pre-Application Filing: Before filing any applications described by this article, the applicant shall submit a preliminary description of the proposal, accompanied by a fee specified by the adopted fee schedule, for review and comment by the Zoning Administrator and any other persons the Zoning Administrator deems appropriate. This preliminary description shall include, at minimum, authority to file the application, a site plan and project narrative; both of sufficient scope and detail (existing and proposed) so as to allow a basic review of location, land area, land use, land use density/intensity, traffic generation/parking and adjacent streets, stormwater drainage, utility service, monument signage locations and recent issues/previous case history.
C. Pre-Application Meeting: After receipt of a proper preliminary description of the proposal, the Zoning Administrator shall review the proposal and schedule a pre-application meeting. At the meeting, the applicant, the Zoning Administrator or designee, and any other persons the Zoning Administrator deems appropriate to attend, shall discuss the proposed development.
Based upon the information provided by the applicant and the provisions of this chapter, the parties should discuss, in general terms, the proposed development, the applicable submittal requirements and standards of this chapter, and conditions that may be appropriate to meet the purposes and requirements of this chapter.
D. Pre-Application Review/Meeting Waivers: The Zoning Administrator may waive the requirement for a pre-application review and meeting based on a determination that no substantial purpose will be served by the review. In such cases, the Zoning Administrator shall prepare a written statement setting forth the reasons for approving the submittal/meeting waiver.
E. Pre-Application Completeness Review Meeting: Following the mandatory pre-application meeting, but prior to filing any application described by this article, the applicant may request (in writing) a pre-application completeness review meeting with Community Development staff. Although not required, this meeting is recommended to allow staff the ability to complete a cursory review of the planned submittal material. It will also identify if any required items are missing that may prevent an application from being accepted. This meeting should be scheduled five (5) working days prior to the submittal deadline. (Ord. 18-880, 7-23-2018)
A. Applications: Completed applications shall be submitted to the Community Development Department on a form and in such a manner as established by the Zoning Administrator.
B. Application Schedule: In accordance with Arizona Revised Statutes section 9-835, the Community Development Department shall publish an application schedule, which prescribes the necessary deadline for submitting specified application types in advance of being reviewed by the appropriate decision-making body pursuant to this chapter or the Arizona Revised Statutes.
C. Authority To File Applications: Any of the following persons or entities may submit an application:
1. The owner of the property;
2. An agent representing the owner, duly authorized to do so in writing by the owner and notarized by a certified notary public in the State of Arizona.
D. Payment, Waiver And Refund Of Application Fees:
1. Schedule Of Fees: The City shall establish fees for all application and permit types. The fee schedule shall be adopted by resolution of the Council. Payment of the fee is required in order for an application to be deemed complete. No application or permit shall be processed without full payment of the applicable fee received by the City of Eloy.
2. Fee Waiver Or Deferral: No fee shall be required when the applicant is the City.
3. Refund Of Fees: Recognizing that filing fees are utilized to reimburse the City for the costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications. No refunds shall be issued due to a disapproval of an application, unless:
a. In the case of an application withdrawal, the Zoning Administrator may authorize a partial refund based upon the costs incurred to-date and determination of the status of the application at the time of the withdrawal request.
b. Unless fees are waived by the Mayor and Eloy City Council.
E. Application Completeness Review: Each application filed with the Community Development Department shall be initially processed as follows:
1. Completeness Review: The Zoning Administrator or his/her designee shall review an application for completeness and accuracy before it is accepted and officially filed. The Zoning Administrator will consider an application complete when:
a. All necessary application forms, documentation, exhibits, materials, maps, plans, fees, reports and other information specified in the application form, and any additional information required by the Zoning Administrator have been provided and accepted as adequate.
b. All necessary fees have been paid in full and accepted.
2. Notification Of Applicant: If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this chapter. If an application is determined to be incomplete, the Zoning Administrator shall provide written or electronic notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected in a resubmittal and reviewed and approved by the Zoning Administrator.
3. Expiration Of Application: If a pending application is not deemed complete within six (6) months after its first filing with the Community Development Department, the application shall expire and be deemed withdrawn. Thirty (30) days prior to that date, Community Development Department staff shall notify the applicant in writing that the application will become inactive.
4. Extension Of Application: The Zoning Administrator may grant one (1) 6-month extension upon written request of the applicant. After expiration of the application, and extension (if granted) a new application, including applicable fees, plans, exhibits and other materials will be required to commence the processing of a new project application on the same, or a portion of the same, property.
F. Additional Information: After the application has been accepted as complete, the Zoning Administrator and/or any decision-making body may require the applicant to submit additional information in order to comprehensively evaluate whether an application complies with the requirements of this chapter, State, and/or Federal law.
G. Concurrent Applications: When a project requires approvals under more than one section of this chapter, the individual applications may be processed concurrently as determined by the Zoning Administrator and with the approval of the applicant. Rezoning applications may not be approved simultaneously with General Plan amendments (GPA), they can only be approved sequentially after GPA adoption. If the GPA is not adopted, then the rezoning application will be cancelled. The request to apply for concurrent processing of applications shall be made in writing by the applicant at his/her sole risk.
H. Application Courtesy Referral: At the discretion of the Zoning Administrator, or where otherwise required by this chapter, Arizona Revised Statutes, or Federal law, an application filed in compliance with this chapter may be referred for review and comment to any public and/or quasi-public agency that may be directly or indirectly affected by, or have an interest in, the proposed land use activity. (Ord. 18-880, 7-23-2018)
A. Purpose: The purpose of the citizen review process is to provide a process for the applicant, surrounding residential neighbors, and registered neighborhood and homeowners' association representatives to review a preliminary development proposal and solicit input and exchange information about the proposed development. This citizen review process is intended to result in an application that is responsive to neighborhood issues, enhance predictability in the process and reduce the time, effort and expense. The applicant is responsible for all costs associated with the citizen review process.
B. Applicability: In accordance with Arizona Revised Statutes section 9-462.03, all of the following application types shall conduct a neighborhood meeting, unless as may be otherwise specified in this article, this Code, or Arizona Revised Statutes.
1. General Plan amendments;
2. Zoning text amendments;
3. Zoning Map amendments (rezoning);
4. Conditional use permits;
5. Variances (optional); and
6. Major modification to an approved plan or condition of approval (when original approval requires a neighborhood meeting).
C. Meeting Schedule: The applicant shall be responsible for scheduling and facilitating the meeting. The applicant is required to hold one meeting, prior to the first public hearing of the Planning and Zoning Commission on an application for a specific project, but may hold more, if so desired. The required meeting shall be held at least fifteen (15) calendar days before the first public hearing on the application. Attendance at the meeting by Community Development Department staff is not required and will be determined by the Zoning Administrator on a case-by- case basis.
D. Meeting Location: Neighborhood meetings shall be held at a publicly accessible location near the subject property. The meeting shall be held on a weekday evening at any reasonable time and scheduled by the applicant.
E. Notification Requirements: Notice of the meeting, which shall state a brief description of the application and include the date, time, and place of the meeting, shall be provided by the applicant as follows:
1. Mailing a notice not less than ten (10) calendar days prior to the date of the neighborhood meeting to:
a. All real property owners, as shown on the most recent Pinal County assessment records, within three hundred feet (300') of the outer boundary of the subject property. This notification area may be expanded if the General Plan or other policy adopted by the City Council requires notification within a larger area or the Zoning Administrator determines the potential impact of the project extends beyond the required notification boundary;
b. Residents, registered neighborhoods, and homeowners' associations that may be impacted as a result of the application, and other neighborhood entities identified by the City;
c. Interested parties which have requested that they be placed on a contact list for this application;
d. Potentially interested parties that have been identified by the City; and the
e. Community Development Department.
F. Meeting Summary: The applicant shall submit, to the Community Development Department, seven (7) calendar days before the first public hearing on the matter, a written summary of the neighborhood meeting. The following information shall be included in the meeting summary, at a minimum: date, time, and location of the meeting; a copy of the mailing list and meeting sign-in sheet, a summary of how the applicant has addressed or proposes to address the issues, concerns, and objections identified during the meeting. (Ord. 18-880, 7-23-2018)
After determining that a development application is complete, the Zoning Administrator shall refer the application to the appropriate review agencies and City staff to review the submitted materials, and provide written review comments to the applicant, if necessary. Upon receiving the applicant's final response to review comments, the Zoning Administrator or designee shall prepare a staff report. The staff report shall be made available for inspection and copying by the applicant and the public prior to the scheduled public hearing of the development application. The staff report shall indicate whether, in the opinion of the staff, the development application complies with all applicable standards of this chapter. Conditions for approval may be recommended to eliminate any areas of noncompliance or mitigate any adverse effects of the development proposal. (Ord. 18-880, 7-23-2018)
Public notification required under this chapter, shall be subject to the following requirements, unless as may be otherwise specified in this Code or as set forth in Arizona Revised Statutes. Any changes to Arizona law notice requirements shall have control over this provision in the manner of providing notice.
A. Summary Of Notice Requirements: Table 6.2-1 of this subsection summarizes the notice requirements of the procedures in this chapter.
TABLE 6.2-1
SUMMARY OF NOTICE REQUIREMENTS
Application Type | Section | Type Of Notification Required | |||
Published | Mailed | Posted | Neighborhood Meeting | ||
Application Type | Section | Type Of Notification Required | |||
Published | Mailed | Posted | Neighborhood Meeting | ||
Major General Plan amendment | Per Arizona Revised Statutes section 9-461.06 | ||||
Minor General Plan amendment | |||||
Amendment to Zoning Code text | Per section 21-6-5.3 of this article | ||||
Amendment to Zoning Map | |||||
Conditional use permit | |||||
Temporary use permit | None | ||||
Variance | (Optional) | ||||
Sign permit, Comprehensive Sign Plan | None | ||||
Master Sign Program | |||||
Site plan review | None | ||||
Site plan review - if referred to Planning and Zoning Commission | |||||
Annexation | |||||
B. Content Of Public Notice: All required notifications as specified in subsection A, table 6.2-1 of this section shall include: the date, time, and place of the hearing; a general explanation of the matter to be considered; a general description of the area affected; and indicate where additional information on the matter may be obtained. If the matter to be considered applies to territory in a high noise or accident potential zone as defined in Arizona Revised Statutes section 28-8461, the notice shall include a general statement that the matter applies to property located in the high noise or accident potential zone.
C. Specific Notice Requirements: Notice as specified in subsection A, table 6.2-1 of this section, shall be provided as follows:
1. Published Notice: A public hearing display ad 1 shall be placed by the City, at least once in a local newspaper of general circulation within the City. The advertisement shall be published at least fifteen (15) calendar days prior to the public hearing.
2. Mailed Notice: A notice of public hearing shall be sent by the City, via U.S. first class mail, at least fifteen (15) calendar days prior to the public hearing. The applicant shall be responsible for providing the City with mailing labels containing the names and addresses of:
a. The applicant or representative and owners of the subject property;
b. All real property owners, as shown on the latest Pinal County assessment records, within three hundred feet (300') of the outer boundary of the subject property. This notification area may be expanded if other policy adopted by the City Council requires notification within a larger area or the Zoning Administrator determines the potential impact of the project extends beyond the required notification boundary;
c. Residents, registered neighborhoods, and homeowner associations that may be impacted as a result of the application, and other neighborhood entities identified by the City;
d. Interested parties which have requested that they be placed on a contact list for this application;
e. Interested parties that have been identified by the City;
f. If the proposed project involves land that abuts other municipalities or unincorporated areas of Pinal County or a combination thereof, notice of the public hearing shall be sent to the planning agency of the adjacent governmental unit.
g. If the proposed project involves land that is located within the territory in the vicinity of a military airport or ancillary military facility as defined in Arizona Revised Statutes section 28-8461, notice of the public hearing shall be sent to the military airport.
3. Posted Notice: A notice of public hearing shall be posted by the applicant on the lot, parcel, or tract of land that is the subject of the application. A minimum of one posting shall be placed in a manner that is clearly visible from the most heavily traveled public right-of-way adjoining the subject property and shall be placed at least fifteen (15) calendar days prior to the public hearing. Such notice shall be composed of weatherproof materials and shall be printed so that the following are visible from a distance of one hundred feet (100'): the application type, the application request (i.e., for a Zoning Map amendment display the present zoning district classification and the proposed zoning district classification) and the date, time, and location of the hearing. The City shall update the sign as needed and maintain the sign in good condition throughout the required posting period. The posting shall be removed no later than ten (10) calendar days after the public hearing and final action.
5. Multiple Notices: When multiple applications are under review for the same project, the responsible noticing body, as specified in this subsection, may simultaneously issue notice for multiple applications.
6. Validity Of Notice: The validity of the public hearing proceedings shall not be affected by the failure of any person to receive notice or by the presence of minor defects in the notice. Minor defects in the notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notices' primary intent to inform affected parties of the project and the time, date, and place of a public hearing or meeting. (Ord. 18-880, 7-23-2018)
Notes
| 1 | 1. Per ARS § 9-462.04. |
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