Sec. 21-315. Notification Requirements.

The purpose of these requirements are to facilitate the provision of information to the impacted property owners, interested persons, government agencies, neighborhood and homeowner's association representatives that are registered with the City, the general public, and utilities (hereafter, the "Public") regarding development applications that have been submitted to the City, neighborhood meetings, and public hearings. In addition, the intent of these provisions are to provide opportunities to the Public to participate in neighborhood meetings and public hearings, and discuss an application with the applicant's representative(s) and City Staff during the City's application review process.

A.   Requirement. Notice shall be provided for applications identified in Table 21-315.A., and in accordance with the method(s) specified.

Table 21-315.A. Notice Requirements1
Application Type	Notice of Application and Notification Distance	Notice of Hearing and Notification Distance	Newspaper Ad	Site Posting	Notice of Decision Notification Distance	Notice of Neighborhood Meeting and Notification Distance
General Plan (Major/Minor) or Specific Area Plan Amendment	Yes3, 4	Yes3, 4	Yes	Yes2	No	Yes2, 3, 4
Zoning Ordinance Text Amendment	No	No	Yes	No	No	N/A
Zoning, Initial	No	Yes3, 4	Yes	Yes	No	N/A
Rezoning	Yes3, 4	Yes3, 4	Yes	Yes2	No	Yes2, 3, 4
PAD/PCD Minor Amendment	Map Amendments only (300 FT)	Yes3, 4	Text Amendments Only	No	No	N/A
PAD/PCD Major Amendment	Yes3, 4	Yes3, 4	Yes	Yes2	No	Yes2, 3, 4
Preliminary Plat	300 FT	Yes, if appealed, 300 FT	Yes, if appealed	No	300 FT	N/A
Site Plan and Site Plan Amendments	300 FT	Yes, if appealed, 300 FT	Yes, if appealed	No	300 FT	N/A
Conditional Use Permits	600 FT	600 FT	Yes	Yes2	No	If a meeting is required, 600 FT
Temporary Use Permits	No	If a BOA hearing is required, 300 FT	If a BOA hearing is required	Yes5	No	N/A
Administrative Relief6	Abutting Properties only	N/A	No	No	Abutting Properties only	N/A
Hillside Appeal	No	300 FT	Yes	Yes	No	N/A
Variance	No	300 FT	Yes	Yes2	No	N/A
Notes:
1. The Department shall provide the required notices and site postings unless Table 21-315.A. indicates that they are to be provided by the applicant.
2. The applicant is to provide the notice/site posting.
3. Notification distance for a site area less than forty (40) acres: 600 feet.
4. Notification distance for a site area greater than forty (40) acres: 1,320 feet.
5. A sign shall be posted on the subject property for those temporary uses that operate during the qualifying hours specified in Section 21-322.E.
6. Subject to the notification requirements outlined in Section 21-324.E.

 

B.   Notice to Impacted Associations, Entities, Governmental Agencies, Property Owners, and Interested Persons.

1.   The following notices shall be sent by first-class mail:

a.   Notice of Application;

b.   Notice of Neighborhood Meeting;

c.   Notice of Hearing; and

d.   Notice of Decision.

2.   Each required notice shall be sent to the:

a.   Owner of real property as last disclosed by County real estate tax records, situated wholly or partially within the notification distances for the application type specified in Table 21-315.A.;

b.   Neighborhood Association(s) and Home Owners Association(s) that have registered with the City and is affiliated with a neighborhood located within a one (1) mile radius of the subject property; and

c.   Interested persons.

3.   Additional Notice Requirements for General Plan, Specific Area Plan and Rezoning Applications. In addition to the notices set in accordance with subsection B.2. of this section, a Notice of Application and Notice of Hearing shall be sent electronically, or another method approved by the Zoning Administrator, to:

a.   The military airport or facility if the subject property is in the Territory in the Vicinity of the military airport or facility described in A.R.S. § 28-8461, as amended;

b.   The planning agency for the municipalities and unincorporated areas of counties whose corporate area is situated wholly or partially within one (1) mile of the subject property; and

c.   Any other governmental agency, school district or public utility required by the Zoning Administrator.

C.   Notice Timeframes and Additional Requirements.

1.   Notice of Application. When the notice is required in Table 21-315.A., it shall be mailed prior to the completion of the Department's first review of an application.

2.   Notice of Neighborhood Meeting and Notice of Public Hearing.

a.   When the notice is required in Table 21-315.A., it shall be sent at least fifteen (15) calendar days prior to a meeting and public hearing. The number of days stated herein excludes the day that the mailing is sent, and the day of the neighborhood meeting and public hearing.

b.   The notice shall provide:

1)   A general description of the purpose of the application and property location map;

2)   Contact information (mailing address, telephone number, and email address) for City Staff and the applicant; and

3)   The time, date, and place or method (e.g. electronic virtual meeting or hearing) that the meeting or hearing will be held.

3.   Notice of Decision. When the notice is required in Table 21-315.A., it shall be mailed within fourteen (14) calendar days of the last action on the application.

4.   Newspaper Ad.

a.   When a newspaper notice is required in Table 21-315.A., it shall be published in a newspaper of general circulation in the City at least fifteen (15) calendar days prior to the hearing. The number of days stated herein excludes the day of the publication and the day of the hearing. The notice shall provide:

1)   A general description of the purpose of the application and property location;

2)   Contact information (mailing address, telephone number, and email address) for City Staff and the applicant; and

3)   The time, date, and place or method (e.g. electronic virtual hearing) that the hearing will be held.

b.   Zoning Ordinance Text Amendment. The notice shall be a "display ad" covering not less than one-eighth (1/8) of a full-page. The proposed text of the amendment shall be provided in the notice or available on the City's website.

c.   All Other Applications. The notice shall be a "display ad" covering not less than one- eighth () of a full-page. The notice may be combined with other notices to be heard at the same hearing.

5.   Site Posting.

a.   The subject property shall be posted in a conspicuous location with a minimum of one sign when it is required in Table 21-315.A. The Zoning Administrator may require additional signs for an application that is greater than 10 acres, abuts multiple streets, or requires additional sign area to provide application-related information. The sign shall conform with the site posting guide available from the Department.

b.   The site posting, including any updates to the sign, shall be completed at least fifteen (15) calendar days prior to a neighborhood meeting and public hearing. The number of days stated herein excludes the day that the sign is posted, any day that the sign is updated, and the day of the hearing and neighborhood meeting. If the applicant is responsible for the posting and updating of the sign, the applicant shall provide the City with a photo exhibit and affidavit attesting to the posting and updating of the sign within the timeframe state herein.

c.   All site postings required by this section shall be removed within fourteen (14) calendar days of the last action, withdrawal, or expiration of an application.

D.   Failure to Receive Notice.

1.   In accordance with A.R.S. § 9-462.04.A.7, notwithstanding the notice requirements herein set forth, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the action for which the notice was given.

(Ord. No. 2010-24, 8-17-10; Ord. No. 2013-16, 9-17-13; Ord. No. 2017-33, § 27, 6-13-17; Ord. No. 2019-29, § 1(Exh. A), 11-12-19; Ord. No. 2022-19, § 2(Exh. A, § 1), 8-23-22)