A. Purpose: In accordance with the provisions of Arizona law, the town council may from time to time adopt text amendments to this title and/or amend the official zoning map(s). Any person, town staff, commission and town council may bring about amendments to the text of this title. Only the landowner, town staff, commission or town council, may bring about amendments to the zoning map.
B. Application: Before the town accepts any applications, the petitioner shall schedule and attend a preapplication meeting. The purpose of the preapplication meeting is to discuss, in general, the procedures and requirements for either a zoning text amendment or a zoning change (rezoning) pursuant to these regulations. Subsequent to the preapplication meeting, all applications shall be filed on a form provided by the zoning administrator and shall be accompanied by the required fee and all required materials as outlined in this title and/or on the application. Depending upon the specifics of the amendment or rezoning, additional materials or studies may be required by the town in order to adequately review the application.
C. Initiation Of Zoning Text Amendment: Any person may request an amendment of the text of this title, after a preapplication meeting is held, by filing a completed application and submitting the required fee with the town. The application must state the exact section of this title proposed for amendment, the proposed substitute wording, and the reasons for requesting the amendment. Graphic material should also be submitted if it would assist in understanding the benefits of the amendment.
D. Initiation Of A Zoning Map Change (Rezoning): An owner of real property within the town, or that owner's authorized representative, may, upon proof of ownership, apply for a change in zoning district boundaries (rezoning) for that landowner's property. The commission or the town council, on its own motion at a public meeting, may initiate such amendments. In the case where the rezoning application filed by a private property owner includes other property, in addition to that owned by the petitioner, the application shall include the signatures of the real property owners representing at least seventy five percent (75%) of the land in the area proposed to be changed.
E. Submittal Requirements: All zoning map changes (rezoning) applications shall comply with the submittal requirements outlined herein and those on the application:
1. A map showing the particular property or properties for which the rezoning application is being requested and the adjacent properties, buildings and structures, land uses, and public streets and ways within a radius of three hundred feet (300') of the exterior boundaries thereof.
2. A detailed land use/development plan at a scale of one inch equals one hundred feet (1" = 100') which at a minimum shall include the following:
a. A site plan drawn to scale and in such a manner as to indicate clearly and precisely what is planned for the subject property including the location and arrangement of all proposed uses.
b. The location, arrangement and dimensions of all proposed lots.
c. Topography showing existing and proposed grades and drainage systems, and natural and manmade features with indication as to which are being retained and which are to be altered or removed.
d. All buildings and structures existing and proposed.
e. Proposed block layout, street system, street dedications, improvements and utility plans.
f. The traffic and the pedestrian circulation system, including the location and width of all streets, driveways, entrances to parking areas and parking structures, walkways and bicycle paths.
g. Off street parking facilities, including number of spaces and dimensions of parking area, loading bays and service access drives and landscaping for the parking areas.
h. The amount of open space provided, the location and type of open space, the proposed reservation for parks, parkways, playgrounds, recreation areas, pedestrian access and other open space.
i. Proposed landscaping, including size, type and location; the native vegetation that will be salvaged; walls and fences; outdoor lighting; signs; and outdoor storage and activities.
3. The town reserves the right to require additional information and material, and to require the submission of studies in order to adequately review the request. Additional submittal requirements for the overlay zoning districts (e.g., master plan developments, planned area developments and protected development rights plans) may be found in the specific chapter addressing these types of developments herein.
F. Procedures:
1. A preapplication conference shall be scheduled and attended by the applicant with the zoning administrator to discuss the proposal.
2. The petitioner shall submit a completed application, the required fees, and all materials and studies related to the development plan or the proposed text amendment.
3. Once the zoning administrator has determined that the application package is complete and all necessary information has been submitted, the application will be forwarded to the appropriate reviewing agencies and town departments for comments and a public hearing will be scheduled.
4. As a prerequisite to the commission hearing, but only for a rezoning and/or specific plan application, the applicant shall conduct a neighborhood meeting in accordance with the requirements of Arizona Revised Statutes section 9-462.03 and the provisions outlined in subsection 10-3-1C of this chapter.
5. The commission, in accordance with the requirements of Arizona Revised Statutes section 9-462.04, shall conduct a public hearing. Notification of the public hearing shall be provided as set forth in Arizona Revised Statutes section 9-462.04 and section 10-3-2 of this chapter.
6. The commission shall render a decision in the form of a written recommendation for: a) approval, b) approval with conditions, or c) denial of the petitioned rezoning or zoning text amendment. The recommendation shall then be forwarded to the mayor and council unless withdrawn in writing by the applicant.
7. The town council shall: a) approve, b) approve with conditions, or c) deny the text amendment or rezoning request. Approval of a petition to rezone land may not be enacted as an emergency measure and the rezoning shall not become effective for at least thirty (30) days after town council approval.
8. When an application for rezoning is accompanied by an application for a conditional use permit or subdivision plat approval, both applications may be processed and reviewed concurrently. If the proposed rezoning is not in compliance with the Parker general plan - land use plan, an application for an amendment to the land use plan shall be submitted by the applicant in accordance with Arizona Revised Statutes section 9-461.06, the Parker general plan, and section 10-3-9 of this chapter.
G. Protest: A super majority of town council votes, three-fourths (3/4), prescribed by Arizona Revised Statutes section 9-462.04, shall be required if a protest petition is filed in accordance with said statute. The protest petition shall be filed in writing with the town clerk at or before twelve o'clock (12:00) noon on the date of the town council hearing.
H. Subsequent Applications: In the event that an application for amendment is denied by the town council or that the application is withdrawn after the commission hearing, the commission shall not accept another application for the same amendment within twelve (12) months of the original hearing unless agreed to by a super majority three-fourths (3/4) vote of the commission. (Ord. 03-2005, 9-6-2005)