A. Scope. Rezoning requests are deemed to be initiated upon complete application.
B. Exceptions: A request that conforms to a zoning plan does not require public hearings.
C. Requirement of Compliance with Comprehensive Plan. Rezoning requests shall be classified as to whether or not they are in compliance with the comprehensive plan.
1. The director of planning and development services shall determine if rezoning requests are in compliance with the comprehensive plan.
2. If a rezoning request complies with the Pima Prospers Land Use Intensity Legend with regard to each land use intensity category and the gross density limitation for the land use category in which the subject property is located, the rezoning request shall be determined to be in compliance with the comprehensive plan.
3. A determination as to whether or not a rezoning request is in compliance with the comprehensive plan may be appealed to the commission, provided such an appeal is requested in writing within thirty working days from the date of the determination.
4. Rezoning requests determined to not be in compliance with the comprehensive plan.
a. Rezoning requests determined to not be in compliance with the comprehensive plan shall not be set for a public hearing until the applicant has submitted, and the board has approved, an application to amend the comprehensive plan land use plan, in accordance with Section 18.89.040. If the plan amendment is approved by the board and it is subsequently determined, in accordance with this section, that the rezoning request complies with the comprehensive plan, the rezoning request shall be set for a public hearing upon request by the applicant, in accordance with Section 18.91.040.D.
b. Rezoning requests determined to not be in compliance with the comprehensive plan, but which meet the requirements for a concurrent plan amendment/rezoning in Section 18.89.041 shall be set for public hearing, in accordance with this chapter.
5. The planning director shall notify the applicant of the determination regarding compliance with the comprehensive plan within ten working days of submittal of a complete application.
D. Payment of Fees. The planning division shall not schedule a request for commission public hearing until all applicable rezoning fees are paid.
E. Limitations on Applications. An applicant shall have nine months from the date of submittal of an application to request a public hearing on the application. If a request is not submitted, the application shall be closed due to a lack of further action. Incomplete applications shall be closed three months after the date of submittal.
(Ord. 2017-3 § 6 (part), 2017; Ord. 2010-27 § 2, 2010; Ord. 2007-41 § 5, 2007; Ord. 1995-94 § 3, 1995; Ord. 1994-114 § 6 (part), 1994; Ord. 1994-11 § 3 (part), 1994; Ord. 1992-96 § 1 (part), 1992; Ord. 1987-20 § 1 (part), 1987; Ord. 1986-41 § 1 (part), 1986; Ord. 1985-141 § 1 (part), 1985)