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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. |
The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant within fifteen (15) working or calendar days from the decision. All decisions shall include a statement of approval, approval with conditions, or denial, whichever is appropriate. (Ord. 18-880, 7-23-2018)
In the event that an application is denied, an application that is substantially the same project or request will not be considered for a period of one year from the date the initial application was denied, except as follows:
A. A substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application; or
B. A new application is proposed to be submitted that is materially different (e.g., proposes new uses, or a substantial decrease in proposed densities and intensities) from the prior application; or
C. The final decision on the application was based on a material mistake of fact or the foregoing. (Ord. 18-880, 7-23-2018)
Decisions of any appointed body under this chapter may be brought up for reconsideration or rehearing only if:
A. There was substantial procedural error in the original proceeding; or
B. The Zoning Administrator or body acted without jurisdiction in the original proceeding; or
C. The original decision was based upon fraud or misrepresentation; or
D. Reconsideration is appropriate to avoid delay or hardship that may be caused by an appeal; or
E. As requested by a member of the body whose vote was included in the side that prevailed in the motion to be reconsidered.
Any person seeking reconsideration, or a rehearing must file a request with the Zoning Administrator, together with materials supporting one or more of the grounds stated in this section, within fifteen (15) working days of the original decision, or within the timeframe established under State law, if applicable. The appointed decision-making body, by majority vote, may decide to hold a rehearing if the rehearing request meets requirements of subsections A through E of this section. A rehearing shall be conducted in the same manner as the original proceedings before the Zoning Administrator or appointed body. (Ord. 18-880, 7-23-2018)
An approved development or new land use shall be established only as specified by the approved land use permit, and subject to any conditions of approval. An applicant may request, in writing, to amend the approved permit, and shall furnish appropriate supporting materials and an explanation of the reasons for the request.
A. Minor changes may be approved, modified, or denied by the Zoning Administrator. Major changes shall be approved, modified or denied by the original review authority.
B. The Zoning Administrator shall determine whether a proposed change is major or minor. The determination that the change is major depends on whether the proposal may result in:
1. Significant impacts to the surrounding neighborhood.
2. Significant environmental impacts.
3. A change to the approved use or a significant change in conformance with the original plan or intent.
4. A change to the basis upon which the review authority made the findings for approval of the project.
C. A major change request shall be processed in the same manner as the original permit or entitlement. (Ord. 18-880, 7-23-2018)
This section sets forth the procedures for appeals except for appeals filed pursuant to section 21-6-2.12, "Appeals Of Dedications Or Exactions To Hearing Officer", of this section 21-6-2. Any decision within the authority of the decision-making body may be appealed, unless this chapter identifies that the decision is final.
A. Applicability: The appropriate decision-making body for each appeal type is identified in sections 21-6-4 through 21-6-12 of this article. General appeals in which it is alleged there is an error in an order, requirement or decision made by the Zoning Administrator in the enforcement of this chapter shall be made to the Board of Adjustment pursuant to the provisions of this section.
B. Appeal Process:
1. Filing Of Appeal: Appeals to the Board of Adjustment may be made by persons aggrieved or by any City officer, department, board or bureau affected by a decision of the Zoning Administrator. An appeal shall be filed with the Community Development Department on a form established by the Director. Within five (5) working days after the appeal is filed, the Zoning Administrator shall transmit all records pertaining to the action appealed to the Board. The appeal shall set forth the decision or decisions being appealed and the grounds upon which the appeal is based. The appeal shall be accompanied by any applicable fees.
2. Complaint For Special Action: A person aggrieved by a decision of the legislative body or Board of Adjustment or a taxpayer who owns or leases the adjacent property or a property within three hundred feet (300') from the boundary of the immediately adjacent property, a City officer or a department affected by a decision of the legislative body or board, may file a complaint for special action in the Superior Court to review the Board of Adjustment decision.
3. Appeal Period: All appeals shall be filed within fifteen (15) calendar days of the decision, except for appeals from decisions of the Board of Adjustment or City Council. An appeal from any decision regarding a City Council or Board of Adjustment action (e.g., variances, text or map amendments) shall be filed with the Superior Court within thirty (30) days of the decision. If no appeal is filed in writing within the relevant fifteen- or thirty-day protest period, the decision shall be considered final.
4. Proceedings Stayed By Appeal: The timely filing of an appeal, except for appeals related to the Zoning Administrator's interpretation or enforcement of this chapter, shall stay all proceedings in the matter appealed.
5. Appeals: Appeals made to the Board of Adjustment pertaining to the Zoning Administrator's interpretation or enforcement of this chapter shall stay all proceedings in the matter appealed, unless the Zoning Administrator certifies to the Board that, in the Zoning Administrator's opinion by the facts stated in the certificate, a stay would cause imminent peril to life or property. Upon such certification, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the Zoning Administrator.
6. Court Proceedings: Filing a complaint in the Superior Court does not stay proceedings on the decision sought to be reviewed, but the court may, on application, grant a stay and, on final hearing, may affirm or reverse, in whole or in part, or modify the decision reviewed.
7. Public Notice: Prior to consideration of any appeal for which State law or this chapter requires a public hearing, the City shall provide public notification in compliance with section 21-6-2.5, "Public Notice Requirements", of this section 21-6-2 or as required by State law, whichever requires the most notice.
8. Standards: When reviewing any decision on appeal, the decision-making body shall use the same standards for decision- making required for the original decision.
9. Hearing Body Action: Public hearings shall be conducted in accordance with the requirements of this chapter, unless as may be otherwise specified in this Code or as set forth in Arizona Revised Statutes. The decision-making body for the appeal shall deny or grant the appeal or the decision-making body may remand the matter to the original decision-making body for reconsideration, for additional information or to cure a deficiency in the record or proceeding. The decision-making body shall render its decision within thirty (30) days of the date the hearing is closed unless State law requires a shorter deadline. (Ord. 18-880, 7-23-2018)
A. Appeal To Hearing Officer: Any requirement of a dedication or exaction, as a condition of granting approval for the use, improvement, or development of real property may be appealed to a Hearing Officer appointed by the City Council. This section shall not apply to legislatively imposed dedications or exactions in which no discretion by the Zoning Administrator or administrative officer to determine the nature or extent of the dedication or exaction was exercised. In the event of such an appeal, the Zoning Administrator shall prepare a takings impact report. No fee shall be charged for filing an appeal under this section and such appeal shall be conducted as required by Arizona Revised Statutes section 9-500.12.
B. Appeal Of Decision Of Zoning Hearing Officer: A property owner aggrieved by a decision of the Zoning Hearing Officer to modify or affirm a dedication or exaction requirement or to affirm a zoning regulation may file, within thirty (30) days after the decision, a complaint in Superior Court, pursuant to Arizona Revised Statutes section 9-500.12G. (Ord. 18-880, 7-23-2018)
A. A final decision on an application for any discretionary approval subject to appeal (e.g., a conditional use permit, variance, or site plan approval) shall become effective after the expiration of the appeal period following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the day following the expiration of the appeal period, unless, in accordance with subsection B of this section, the applicant signs a waiver explaining that they understand and accept the risk of proceeding before the appeal period ends.
B. An approved conditional use permit or variance or an interpretation favorable to the applicant may be exercised at the applicant's sole risk, and a building permit (if required) may be issued subsequent to approval by the City building official. However, if an appeal of the decision is filed in accordance with the provisions of this chapter that reverses in whole or in part or modifies the decision and that causes any construction or use commenced as a result of exercising the decision to be in conflict with the appellate body's decision, then such building permit may be revoked in accordance with the appellate body's decision and any such construction or use may constitute a violation of this chapter and may be subject to removal or cessation by the applicant, property owner, or his agent. (Ord. 18-880, 7-23-2018)
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