A. Application.
1. Any person may request an amendment of the text of this land development code by filing a written application with the development services department.
2. An owner of real property within the town, or that owner's authorized representative, may apply for a rezoning of that property by filing a written application with the development services department.
B. Rezoning. The town has three broad rezoning categories:
1. Translational or non-site analysis rezoning: A simplified rezoning with flexible application requirements for any rezoning that does not require a site analysis as described in subparagraph 2 below.
2. Site analysis rezoning: A rezoning used in all of the following circumstances:
a. When property is to be developed for more than one non-residential use or on multiple lots.
b. When property is to be developed with more than three lots for single- family residential use.
c. When property is to be developed for multi-family residential use.
C. Citizen review process. After submission of an application for a rezoning to the town and before the planning commission holds a public hearing on the matter, the applicant and the town shall comply with the citizen review process set forth in this paragraph.
1. The applicant shall mail written notice of the application to all owners of property located within 300 feet of the subject property and to any other persons reasonably determined by the planning manager to be potentially affected citizens. All distances shall be measured from the property lines of the subject property.
a. The written notice shall provide a general explanation of the substance of the proposed rezoning, and shall provide notice of the date, time, and location of a neighborhood meeting to discuss the application.
b. The applicant shall mail the written notice by first class mail at least 15 days prior to the neighborhood meeting.
2. The applicant shall hold the neighborhood meeting, noticed as provided in subparagraph 1, a minimum of 15 days prior to the planning commission public hearing.
3. Following the neighborhood meeting, the applicant shall submit to the planning manager a meeting summary that includes:
a. Copies of the written notice required by subparagraph 1 and of the mailing list for the notice.
b. A list of the people in attendance at the meeting.
c. A description of the issues that were raised and a summary of the discussion.
4. The town shall post a sign on the subject property at least 15 days prior to the planning commission public hearing. The town will ensure that the sign complies with design standards specified by the town and is placed in a conspicuous location. The town will incorporate the costs associated with the sign posting into the town’s fees for rezoning applications, as set forth in the comprehensive fee schedule approved by the council and amended from time to time.
5. The planning manager may authorize an alternative citizen review process for translational, non-site analysis rezoning applications, and other similar rezoning applications deemed appropriate for the alternative process by the planning manager, as long as the alternative process meets the requirements of A.R.S. § 9-462.03.
D. Procedures.
1. Before any application for a text amendment or rezoning is accepted by the development services department, the applicant shall submit an application for a pre-application meeting. The purpose of the pre-application meeting is to discuss, in general, the procedures and requirements for an amendment request pursuant to this section.
2. All applications shall follow the requirements defined in the town's applications, checklists, and process guides on file with the development services department. The planning manager may waive the requirement to provide any information required by an application, checklist, or process guide by making a written finding specifying the reasons the information is not needed for a thorough review of the proposed amendment or rezoning. The waiver shall be included in the materials submitted to the planning commission and the council.
3. The planning commission shall hold a public hearing on the application and shall recommend to the town council approval, approval with conditions, or denial of the rezoning or text change. Prior to the public hearing, public notice shall be given in the manner provided in A.R.S. § 9-462.04 (A).
4. After the public hearing before the planning commission, the planning manager shall schedule the application for hearing before the town council.
5. The town council shall hold a public hearing on the application and shall approve, approve with conditions, or deny the rezoning or text change. Prior to the public hearing, public notice shall be given in the manner provided in A.R.S. § 9-462.04(A).
6. When a rezoning application is accompanied by an application for a conditional use permit applications may be processed and reviewed concurrently.
7. If the proposed rezoning is inconsistent with the land use designation in the general plan, an application for an amendment to the general plan shall be submitted by the applicant in accordance with the requirements of the general plan. Amendments to both the official zoning map and the general plan may be considered concurrently.
E. Approval criteria. The planning commission and town council shall consider the following, at a minimum, in reviewing an application for a rezoning:
1. Any change of character in the area due to installation of public facilities, other zone changes, new growth trends, deterioration, and development;
2. The degree to which the proposed zoning will benefit the community; whether there will be benefits derived by the community, or area, by granting the proposed rezoning;
3. Whether the proposed rezoning is compatible with the surrounding area or whether there will be adverse impacts on the capacity or safety of the portion of street network influenced by the rezoning, parking problems, or environmental impacts that the new use will generate such an excessive storm runoff, water, air, or noise pollution, excessive nighttime lighting, or other nuisances;
4. Whether the proposal conforms with and is in furtherance of the implementation of the goals and policies of the general plan, other adopted plans, and the goals, objectives and policies of this land development code, and other town regulations and guidelines, including goals and policies relating to economic development;
5. The zoning districts and existing land uses of the surrounding properties;
6. Whether the existing and proposed transportation infrastructure is suitable and adequate to serve the traffic anticipated to be generated by the proposed development.
7. Whether the existing and proposed utility infrastructure, public facilities, and public services are suitable and adequate to serve the proposed rezoning area;
8. Whether the subject property is suitable for the uses to which it has been restricted under the existing zoning classification;
9. Whether the rezoning is compatible with the adjacent neighborhood, especially residential neighborhood stability and character;
10. If applicable, the length of time the subject property has remained vacant as zoned; and,
11. Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs.
Ordinance 2021.010 replaced Section 17-3-1 in its entirety; Ordinance 2022.006 amended Section 17-3-1 B. and D.
Ordinance 2023.005 adds provisions relating to a citizen review process for rezoning applications.