A. Scope. All specific plans shall describe in sufficient detail the criteria and process for amendment, which shall be no less restrictive than the minimum requirements of this Section.
B. Consistency. All Specific Plan amendments shall be in substantial conformance with the remainder of the specific plan, with the City of Sierra Vista General Plan, and with other applicable land use plans that have been adopted by the city.
C. Procedure.
1. The owner(s) or agent of the property may submit to the Director of Community Development a written application to amend one or more of the specific plan regulations.
2. The request shall be accompanied by documentation of unforeseen changes in the marketplace, governmental regulations, or natural conditions that have occurred since plan adoption which have necessitated an amendment.
3. The Director of Community Development shall determine if the amendment would result in a substantial change in plan regulations, which is a change in:
a. Density regulation, if the number of residences per acre increased by more than 10 percent or exceeds the maximum number of dwelling units (dwelling-unit cap) permitted within the plan; or
b. Policy regulation, when the regulation is a policy or a variation of a policy contained in an applicable land use plan; or
c. Design regulation, when change is to be made to quantified physical dimensions (such as buffers) that were established to adapt the plan to specific site characteristics or to mitigate development impacts on the site and surrounding area; or
d. Use regulation, when a use not otherwise permitted in the Specific Plan is sought.
A substantial change may require, as determined necessary by the Director of Community Development, submittal of an amended Site and Area Analysis Report.
4. If the request is determined not to be a substantial change, the proposed amendment shall require a public hearing and action by the Council. In addition, the Council may refer any amendment request to the Commission for its recommendation prior to taking action.
5. If the request is determined to be a substantial change, the Director of Community Development shall refer the request to the Commission for a public hearing and recommendation prior to public hearing by the Council. Both hearings shall follow notice requirements as set forth in Section 151.27.004.A of this Code.
D. Protest. If the owners of 20 percent or more either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side extending 300 feet, or of those directly opposite extending 300 feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of not less than six members of the Council.
If the Mayor or any member of the Council is unable to vote on such a question because of conflict of interest, then the required number of votes for passage of the question shall be 3/4 of the remaining membership of the City Council, provided that such required number of votes shall in no event be less than a majority (4) of the full membership of the Council.
(Ord. 953, passed 5-12-94)
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