(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 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.
(B) Initiation of amendments. An amendment to the official zoning map may be initiated by:
(1) City Council on its own motion;
(2) The Planning and Zoning Commission;
(3) The Director; or
(4) The owner of the subject property or authorized agent.
(C) Zone Change Zoning Map Amendment application process.
ZONE CHANGE ZONING MAP AMENDMENT (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: The applicant shall schedule and conduct a neighborhood meeting in accordance with the procedures set forth in § 152.086(C). Publications shall be provided in accordance with § 152.086(E), where notice of the neighborhood meeting and both public hearings shall be published in one public notice. |
Mailed | Yes | ||
Posted | Yes | ||
Neighborhood meeting - P&Z Commission work session | Yes | ||
Zone Change Zoning Map Amendment Approval Process | |||
Pre-application conference | Required - Yes/No | Yes | Note: A complete application for a zoning map amendment shall be submitted to the Director as required by § 152.086(B). At a minimum a zoning map amendment application shall include: 1. Proof of ownership; 2. A notarized and executed Arizona Proposition #207 Waiver. 3. A written narrative identifying how the proposed zoning conforms with the general plan, fits in with the surrounding neighborhood, and why it is more appropriate for the property than the existing zoning; 4. A site plan showing the footprint of all existing and proposed buildings, parking configuration, location of all utilities and casements, and other details demonstrating conformance with all regulations and development standards applicable to the proposed zoning district; 5. A map showing adjoining zoning districts within 300 feet; 6. A list of all property owners within 300 feet; and 7. The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this code for an amendment to the zoning map. |
Application review and staff report required | Required - Yes/No | Yes | Note: Upon receipt of a complete zoning map amendment application, the Director shall review the proposed zoning map amendment and prepare a staff report for transmittal to the PZ Commission in accordance with § 152.086(D). |
Notification of two public hearings | Required - Yes/No | Yes | Note: Publications shall be provided in accordance with § 152.086(E), where notice of the neighborhood meeting and both public hearings shall be published in one public notice. |
P&Z Commission review and recommendation | Required - Yes/No | Yes | Note: The P&Z Commission shall review the application in a public hearing, and recommend approval, approval with conditions, or denial of the subject application. Protest procedures. If the owners of 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 150 feet therefrom, or of those directly opposite thereto extending 150 feet 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 four of the members of the City Council. The protest shall be filed in writing with the City Clerk at least five 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. |
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(E). See Protest Procedures in P&Z Commission Review and Recommendation Notes above. |
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). |
ZONE CHANGE ZONING MAP AMENDMENT Cont. | |||
Zone Change Zoning Map Amendment Approval Process Cont. | |||
Issues for consideration | Required - Yes/No | Yes | Note: 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: 1. Consistency (or lack thereof) with the general plan, and other adopted plans; 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood; 3. Suitability of the subject property for uses permitted by the proposed zoning district; 4. Suitability of the subject property for uses permitted by the existing district; and 5. Availability of sewer and water facilities. Revocation or modification. If City Council approves a Zoning Map amendment 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 be taken: 1. The City Council or P&Z Commission may initiate an amendment to remove the condition or extend the time period and direct the Director to prepare an ordinance to do the same pursuant to the procedures set forth in § 152.090(C)(5) through (8); 2. The City Council or P&Z 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 A.R.S. § 9-462.01(e) and direct the Director to notify the property owner by certified mail and prepare an ordinance to revert the zoning pursuant to the procedures set forth in § 152.090(C)(5) through (8); or 3. The property owner in writing may apply to amend or remove the condition pursuant to the procedures set forth in § 152.090(C)(5) through (8). |
Appeals Process | |||
Appeals | Appeals to the action of City Council for zoning map amendments 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)