§ 152.090  AMENDMENTS TO ZONING MAP (REZONE).
   (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 Zoning Administrator; or
      (4)   The owner of the subject property or authorized agent.
   (C)   Rezone application process.
 
      (1)   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 § 152.086(A).
      (2)   Application submittal. A complete application for a zoning map amendment shall be submitted to the Zoning Administrator as required by § 152.086(B). At minimum a zoning map amendment application shall include:
         (a)   Proof of ownership;
         (b)   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;
         (c)   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 and development standards applicable to the proposed zoning district;
         (d)   A map showing adjoining zoning districts within 300 feet; 
         (e)   A list of all property owners within 300 feet; and
         (f)   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.
      (3)   Citizen review process. The applicant shall schedule and conduct a neighborhood meeting in accordance with the procedures set forth in § 152.086(C).
      (4)   Application review and report. Upon receipt of a complete zoning map amendment application, the Zoning Administrator shall review the proposed zoning map amendment and prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with § 152.086(D).
      (5)   Notification. Public notification shall be provided in compliance with § 152.086(E).
      (6)   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.
      (7)   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 ¾ 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.
      (8)   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 § 152.086(E).
      (9)   Written notification. The decision to approve, approve with conditions, or deny shall be communicated in writing to the applicant in compliance with § 152.086(G).
   (D)   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:
      (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.
   (E)   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 be taken:
      (1)   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 do the same pursuant to the procedures set forth in § 152.090(C)(5) through (8);
      (2)   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 A.R.S. § 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 § 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).
   (F)   Appeals. An appeal from any final decision regarding a City Council action shall be filed with 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)