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The purpose of this section 21-6-5 is to provide procedures consistent with applicable State requirements to remove, revise and/or augment the text of the Zoning Ordinance. (Ord. 18-880, 7-23-2018)
A. Pre-Application Conference: Prior to the submission of an application for a text amendment, all individual or group applicants are required to schedule a meeting with the Zoning Administrator, as set forth in section 21-6-2.1, "Pre-Application Meeting", of this article.
B. Application Submittal: A complete application for a text amendment shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. At a minimum, a zoning text amendment application shall include:
1. A written narrative identifying the section of the Code to be amended, the proposed revised zoning text, how the proposed zoning text conforms with the adopted Eloy General Plan and why the text amendment is necessary;
2. The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this chapter for an amendment to the zoning text.
C. Citizen Review Process:
1. As an acceptable substitution for conducting a neighborhood meeting, a citizen comment session shall be held at a work session of the Planning and Zoning Commission scheduled at least five (5) days prior to the public hearing at the Planning and Zoning Commission for the consideration of any proposed text amendment. Landowners and other citizens potentially affected by the proposed text amendment shall have an opportunity to comment on the proposal.
2. Notice of the citizen comment session shall be provided by the applicant at least ten (10) days prior to the Planning and Zoning Commission work session. The notice shall state the date, time, and place of the citizen review session and shall include a general explanation of the proposed text amendment. The method of notice to be used may vary according to the type of text amendment proposed. Any method of notice approved by the Zoning Administrator for the proposed text amendment shall be considered sufficient. The method of notice served may include, but is not limited to, the following:
a. A notice of a citizen comment session shall be sent, via U.S. first class mail, to landowners, citizens potentially affected by the proposed text amendments, and any person or group who has specifically requested notice regarding the application.
b. Publication in a local newspaper of general circulation distributed to residents living within the City.
c. Posting at a minimum of four (4) public places within the City.
d. Posting on the official City website.
D. Application Review And Report: Upon receipt of a complete text amendment application, the Development Review Committee shall review the proposed text amendment for consistency with the goals and objectives of the adopted Eloy General Plan. The Zoning Administrator shall prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with section 21-6-2.4, "Application Review And Report (Substantive Review)", of this article.
E. Notification: Amendments to the text of this chapter involving either a ten percent (10%) or more increase or decrease in the number of square feet or units that may be developed, a ten percent (10%) or more increase or reduction in the allowable building height, an increase or reduction in the number of stories of buildings, a ten percent (10%) or more increase or decrease in setback or open space requirements, or a change in permitted uses, shall be subject to notice requirements as set forth below or if amended per Arizona Revised Statutes section 9-462.04.
The City shall provide, at least fifteen (15) calendar days prior to the public hearing, notice to real property owners pursuant to at least one of the following notification procedures:
1. Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly affected by the proposed change(s).
2. If the Municipality issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the Municipality may include notice of such changes with such utility bills or other mailings.
3. The Municipality shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the City. The changes shall be published in a "display ad" covering not less than one-eighth (1/8) of a full page.
4. If notice is provided pursuant to subsection E2 or E3 of this section, the City shall also send notice by first class mail to persons who register their names and addresses with the City as being interested in receiving such notice.
F. Planning And Zoning Commission Review And Recommendation: The Planning and Zoning Commission shall review the application in a public hearing, and recommend approval, approval with modifications, or denial of the subject application. The Planning and Zoning Commission may recommend the approval, approval with modifications or denial of the proposed amendment. If the Planning and Zoning Commission fails to make a recommendation to the City Council within ninety (90) days after closing the public hearing, the Planning and Zoning Commission shall be deemed to have recommended denial and the application shall be scheduled for public hearing and action by the City Council.
G. City Council Review And Action: The City Council shall review the application in a public meeting; or a public hearing if any member of the public provides written objection to the recommendation of the Planning and Zoning Commission; and approve, approve with modifications, or deny the application. Formal approval shall occur by written ordinance. If a public hearing is held, public notification shall be provided in compliance with section 21-6-2.5, "Public Notice Requirements", of this article.
H. Written Notification: The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant in compliance with section 21-6-2.7 of this article. (Ord. 18-880, 7-23-2018)
In determining whether to approve, approve with conditions, or deny proposed text amendments, issues for consideration shall include but not be limited to:
A. The proposed amendment will promote the public health, safety, and general welfare;
B. The proposed amendment is consistent with the adopted Eloy General Plan and the stated purposes of this chapter; and
C. The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions. (Ord. 18-880, 7-23-2018)
The purpose of this section 21-6-6 is to provide procedures consistent with applicable State requirements by which changes may be made to the Official Zoning Map. This procedure shall apply to all proposals to revise a zoning district classification or zoning district boundary line shown on the Official Zoning Map. (Ord. 18-880, 7-23-2018)
A. Pre-Application Conference: Prior to the submission of an application for a zoning map amendment, all applicants are required to schedule a meeting with the Zoning Administrator, as set forth in section 21-6-2.1, "Pre-Application Meeting", of this article.
B. Application Submittal: A complete application for a zoning map amendment shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. At a minimum, a zoning map amendment application shall include:
1. Proof of ownership;
2. A written narrative identifying how the proposed zoning conforms with the adopted Eloy General Plan, compatibly integrates with the surrounding neighborhood, and why it is more appropriate for the property than the existing zoning;
3. A site plan showing the footprint of all existing and proposed buildings, parking configuration, location of all utilities and easements, and other details demonstrating conformance with all regulations, development standards and development guidelines applicable to the proposed zoning district;
4. A map showing adjoining zoning districts within three hundred feet (300') of the parcel boundaries;
5. A list of all property owners within three hundred feet (300') of the parcel boundaries; and
6. The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this chapter for a proposed amendment to the zoning map.
C. Planned Area Development (PAD) Submittal: PAD submittals shall include a separate page that compares existing development standards with the proposed development standard amendments.
D. Application Review And Report: Upon receipt of a complete zoning map amendment application, the Development Review Committee shall review the proposed zoning map amendment and Zoning Administrator shall prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with section 21-6-2.4, "Application Review And Report (Substantive Review)", of this article.
E. Notification: Public notification shall be provided in compliance with section 21-6-2.5, "Public Notice Requirements", of this article.
F. Planning And Zoning Commission Review And Recommendation: The Planning and Zoning Commission shall review the application in a public hearing, and recommend approval, approval with conditions, or denial of the subject application.
G. Protest Procedures: If the owners of twenty percent (20%) or more either of the area of the lots included in a proposed zoning change, or of those immediately adjacent in the rear or any side thereof extending one hundred fifty feet (150') from said lots, or of those directly opposite thereto extending one hundred fifty feet (150') from the street frontage of the opposite lots, file a protest in writing against the proposed amendment, it shall not become effective except by the favorable vote of three-fourths (3/4) of the members of the City Council. The protest shall be filed in writing with the City Clerk at least five (5) days prior to the public hearing or any continued public hearing of the City Council to allow time to verify the signatures on the protest.
H. City Council Review And Action: The City Council shall review the application in a public meeting; or a public hearing, if any member of the public provides written objection to the recommendation of the Planning and Zoning Commission; and approve, approve with modifications, or deny the application. Approval shall be by ordinance. If a public hearing is held, public notification shall be provided in compliance with section 21-6-2.5, "Public Notice Requirements", of this article.
I. Written Notification: The decision to approve or approve with conditions, or denial shall be communicated in writing to the applicant in compliance with section 21-6-2.7 of this article. (Ord. 18-880, 7-23-2018; Ord. 20-891, 1-27-2020)
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