(A) Purpose and applicability. The purpose of this section is to provide procedures consistent with applicable state requirements by which changes may be made to the text of the zoning code.
(B) Initiation of amendments. An amendment to the text of this code may be initiated by:
(1) City Council on its own motion;
(2) The Planning and Zoning Commission;
(3) The Director; or
(4) An application filed by an individual or group.
(C) Zoning Code Text amendment application process.
AMENDMENTS TO ZONING CODE TEXT (See § 152.086 above for details) | |||
Review and Approval Authority | |||
Review and Approval Authority | Director | RVW | Note: RVW = Review REC = Recommend DEC = Decide |
Board of Adjustment | |||
P & Z Commission | REC | ||
City Council | DEC | ||
Required Notifications and Citizen Review Process | |||
Required notifications and citizen review process | Published | Yes | Note: In place of a neighborhood meeting, a citizen review session shall be held at a work session of the P&Z Commission scheduled at least five days prior to the public hearing at the P&Z 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. Notice of the citizen review session shall be given by the applicant at least ten days prior to the 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 Director for the proposed text amendment shall be considered sufficient. The method of notice given may include, but is not limited to, the following: 1. A notice of a citizen review 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; 2. Publication in a local newspaper of general circulation distributed to residents living within the city; 3. Posting at a minimum of three public places within the city; or 4. Posting on the official city website. |
Mailed | Yes | ||
Posted | Yes | ||
Neighborhood meeting - P&Z Commission work session | Yes | ||
Amendments to Zoning Code Text Approval Process | |||
Pre-Application Conference | Required - Yes/No | Yes | Note: At minimum a zoning text amendment application shall include 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 general plan and why the text amendment is necessary, plus any other information identified in the pre-application meeting and all required information stated elsewhere in this code for a zoning text amendment. |
Application Review and Staff Report Required | Required - Yes/No | Yes | Note: Upon receipt of a complete text amendment application, the Director shall review the proposed text amendment for consistency with the goals and objectives of the general plan, and prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with § 152.086 (D). |
Notification of two public hearings | Required - Yes/No | Yes | Note: Amendments to the text of this chapter involving either a 10" or more increase or decrease in the number of square feet or units that may be developed, a 10% or more increase or reduction in the allowable building height, an increase or reduction in the number of stories of buildings, a 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 A.R.S. § 9-462.04. The city shall provide, at least 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 governed by the changes. 2. If the municipality issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the municipality shall 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 municipality. The changes shall be published in a "display ad" covering not less than of a full page. 4. If notice is provided pursuant to divisions 2. or 3. above, the municipality 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. |
P&Z Commission review and recommendation | Required - Yes/No | Yes | Note: The P&Z Commission shall conduct at least one public hearing for all general plan amendments where they may recommend the approval, approval with modifications or denial of the proposed amendment. If they fail to make a recommendation to the City Council within 90 days after closing the public hearing, the P&Z Commission shall be deemed to have recommended denial and the application shall be scheduled for public hearing and action by the City Council. |
City Council review and action | Required - Yes/No | Yes | Note: 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 § 152.086(C). |
Written notification to applicant | Required - Yes/No | Yes | Note: The decision to approve, approve with conditions, or deny shall be communicated in writing to the applicant in compliance with § 152.086 (G). |
Issues for consideration | Required - Yes/No | Yes | Note: In determining whether to approve, approve with conditions, or deny proposed text amendments, issues for consideration shall include but not be limited to: 1. The proposed amendment will promote the public health, safety, and general welfare; 2. The proposed amendment is consistent with the general plan and the stated purposes of this development code; and 3. The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions. |
Appeals Process | |||
Appeals | Appeals to the action of City Council for amendments to the zoning code text shall be filed in accordance with § 152.086 above. | Note: An appeal from any final decision regarding a City Council action shall be filed with the Superior Court within 30 days of the decision. If no appeal is filed in writing within 30 days, the decision shall be considered final. | |
(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)