21-6-5.5: APPEAL:

An appeal from any final decision regarding a City Council action shall be filed with the Superior Court within thirty (30) days of the decision. If no appeal is filed in writing within thirty (30) days, the decision shall be considered final. (Ord. 18-880, 7-23-2018)

21-6-6: AMENDMENTS TO ZONING MAP (REZONE):

21-6-6.1: PURPOSE AND APPLICABILITY:

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)

21-6-6.2: INITIATION OF AMENDMENTS:

An amendment to the Official Zoning Map may be initiated by:

   A.   City Council, on its own motion;

   B.   The Planning and Zoning Commission;

   C.   The Zoning Administrator; or

   D.   The owner of the subject property or authorized agent. (Ord. 18-880, 7-23-2018)

21-6-6.3: REZONE APPLICATION PROCESS:

 

   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)

21-6-6.4: ISSUES FOR CONSIDERATION:

In determining whether to approve, approve with conditions, or deny proposed Official Zoning Map amendments, issues for consideration shall include but not be limited to:

   A.   Consistency (or lack thereof) with the adopted Eloy General Plan, and other adopted plans;

   B.   Compatibility with the existing zoning and conforming uses of nearby property and with the character of the neighborhood;

   C.   Suitability of the subject property for uses permitted by the proposed zoning district;

   D.   Suitability of the subject property for uses permitted by the existing district; and

   E.   Availability of sewer and water facilities. (Ord. 18-880, 7-23-2018)

21-6-6.5: REVOCATION OR MODIFICATION:

If the City Council approves an amendment to the Official Zoning Map with a condition that is required to be completed within a specific time period and the condition is not satisfied within that time period, the following actions may occur:

   A.   The City Council or Planning and Zoning Commission may initiate an amendment to remove the condition or extend the time period and direct the Zoning Administrator to prepare an ordinance to execute the action pursuant to the procedures set forth in subsections 21-6-6.3E through I of this section 21-6-6, or

   B.   The City Council or Planning and Zoning Commission may initiate a rescission of the zoning map amendment to revert the zoning to its prior zoning classification for failure to comply with the conditions of the rezoning ordinance, pursuant to Arizona Revised Statutes section 9-462.01(E) and direct the Zoning Administrator to notify the property owner by certified mail and prepare an ordinance to revert the zoning pursuant to the procedures set forth in subsections 21-6-6.3E through I of this section 21-6-6, or

   C.   The property owner in writing may apply to amend or remove the condition pursuant to the procedures set forth in subsections 21-6-6.3E through I of this section 21-6-6. (Ord. 18-880, 7-23-2018)

21-6-6.6: APPEALS:

An appeal from any final decision regarding a City Council action shall be filed with the Superior Court within thirty (30) days of the decision. If no appeal is filed in writing within thirty (30) days, the decision shall be considered final. (Ord. 18-880, 7-23-2018)

21-6-7: CONDITIONAL USE PERMIT:

21-6-7.1: PURPOSE AND APPLICABILITY:

The purpose of this section 21-6-7 is to permit conditional uses in appropriate zoning districts.

This may only occur in specific locations and only when designed and developed in a manner which assures maximum compatibility with adjoining uses. This section 21-6-7 establishes principles and procedures essential to establish and maintain proper guidance and control of these uses. Conditional use permit approval may require the imposition of additional conditions in order to accomplish the following:

   A.   To protect the public health, safety, convenience, and general welfare.

   B.   To assure that the purposes of this chapter shall be maintained with respect to the particular conditional use on the identified site.

   C.   To consider the location, use, building, traffic characteristics, and environmental impact of the proposed use.

   D.   To consider existing and potential uses in close proximity to the area in which the requested conditional use is proposed. (Ord. 18-880, 7-23-2018)