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Sierra Vista, Arizona Code of Ordinances
Sierra Vista, Arizona Development Code
Sierra Vista, Arizona Development Code
CHAPTER 151: DEVELOPMENT CODE
ARTICLE 151.01 TITLE, PURPOSE, INTENT AND CONSISTENCY
ARTICLE 151.02 DEFINITIONS
ARTICLE 151.03 ADMINISTRATION AND ENFORCEMENT
ARTICLE 151.04 SUPPLEMENTARY DISTRICT REGULATIONS
ARTICLE 151.05 Reserved for future use.
ARTICLE 151.06 SPECIAL REGULATIONS FOR PARTICULAR USES
ARTICLE 151.07 Reserved for future use.
ARTICLE 151.08 PUBLIC IMPROVEMENT STANDARDS
ARTICLE 151.09 OFF-STREET PARKING AND LOADING
ARTICLE 151.10 SIGN REGULATIONS
ARTICLE 151.11 OUTDOOR LIGHT CONTROL
ARTICLE 151.12 RECREATIONAL FACILITIES AND SITES AND OTHER PUBLIC PLACES
ARTICLE 151.13 Reserved for future use.
ARTICLE 151.14 Reserved for future use.
ARTICLE 151.15 LANDSCAPING, WALLS, SCREENING AND BUFFERING
ARTICLE 151.16 WATER CONSERVATION
ARTICLE 151.17 RESERVED FOR FUTURE USE
ARTICLE 151.18 SITE PLAN
ARTICLE 151.19 SUBDIVISION, LAND DIVISION, AND LOT COMBINATION PROCEDURES AND REQUIREMENTS
ARTICLE 151.20 ARCHITECTURE AND DESIGN REVIEW
ARTICLE 151.21 Reserved for future use.
ARTICLE 151.22 DISTRICT REGULATIONS
ARTICLE 151.23 PLANNED AREA DEVELOPMENT
ARTICLE 151.24 NON-CONFORMING USES
ARTICLE 151.25 Reserved for future use.
ARTICLE 151.26 CONDITIONAL USES
ARTICLE 151.27 SPECIFIC PLAN
ARTICLE 151.28 Reserved for future use.
ARTICLE 151.29 Reserved for future use.
ARTICLE 151.30 APPEALS AND VARIANCES
ARTICLE 151.31 AMENDMENTS
ARTICLE 151.32 VIOLATIONS AND PENALTIES
ARTICLE 151.33 VALIDITY
PARALLEL REFERENCES
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Section 151.31.002 Type of Amendments; Initiation of Same
A.   Text Amendment. The application for an amendment to the text of this Code shall state in particular the article, section, subsection, and paragraph sought to be amended. The application for amendment shall contain the language of the proposed amendment and shall recite the reasons for the proposed change in the text.
B.   Map Amendment. An application which seeks to change or modify the zoning classification imposed upon a particular piece of property by the district map.
C.   The initiation of a change to the text and/or Zoning District Map may be accomplished by one of the following methods:
   1.   A majority of the property owners in the area of proposed change or their authorized agents; or
   2.   A majority vote of the Council; or
   3.   A majority vote of the Commission.
(Ord. 743, passed 4-10-86; Am. Ord. 2004-014, passed 12-9-04)
Section 151.31.003 Application for Amendment
A.   Application Form for Text Amendment. Application for a text amendment shall be made to the City and include the required information and documentation specified on the form. The Department of Community Development shall review each application for technical compliance with established application requirements and shall formally accept or reject the application within three working days. The application submittal, at a minimum shall include:
   1.   The applicant's name, address, and interest in the amendment; and
   2.   The language of the proposed amendment to the Code; and
   3.   Statements in support of the application, including a list of the present conditions justifying the proposed amendment.
B.   Application for Zoning District Map Amendment. An application for an amendment to the Zoning District Map shall be made to the City and include the required documentation as specified on the form. The application submittal, at a minimum, shall include the following:
   1.   Name and address of the applicant. If the applicant is not the owner of the property, the name and address of the owner shall be supplied along with the authorization that the applicant is the agent of the owner and may apply for the permit. Proof of ownership must be submitted with the application. The ownership information shall be as documented in the Cochise County Recorder’s Office records.
   2.   A preliminary site plan of the property showing the use(s) proposed for the site, showing setbacks, heights, parking areas, landscaping, and other information to assist in the evaluation of the request.
   3.   A map drawn to scale showing the existing and proposed district boundaries and an accurate legal description of the area being proposed for the amendment. If the legal description of the property is less than the entirety of the lot, block or parcel described in a recorded subdivision, a legal description and map shall be prepared and certified by a registered surveyor licensed by the State of Arizona.
   4.   Appropriate public service and utility information, including how the project will be served by water, sewer, gas, electricity, telephone, and other utilities.
   5.   Statements reflecting the present conditions justifying the proposed amendment; statements showing that the parcel fulfills the criteria for establishment of the proposed zoning district or, in the absence of the ability to comply, statements as to why the presumption against the rezoning should be overcome; and any other factors or reasons in support of the proposed amendments.
   6.   Public service information, including how the project will impact local services such as schools, police, parks, fire service, sanitary pick-up, and other similar services. Included shall be how the developer will provide public paved roads, provisions of parks and playgrounds for residential development, and other services required by the project as applicable.
   7.   A neighborhood meeting shall be required for all Zoning District Map amendments. Neighborhood meetings shall be held no later than seven days prior to the Commission public hearing. The applicant is responsible for organizing, scheduling, and supplying all materials for the neighborhood meeting. All property owners within 500 feet of the exterior boundaries of the property shall be notified. The applicant will provide the City with information on the meeting date, time, location, and purpose of the meeting. The applicant shall also provide a copy of the letter sent to the adjacent property owners notifying them of the meeting, and a written summary of the meeting to the City.
('76 Code, Art. 12-1) (Ord. 743, passed 4-10-86; Am. Ord. 804, passed 3-24-88; Am. Ord. 875, passed 1-10-91; Am. Ord. 2004-014, passed 12- 9-04; Am. Res. 2021-014, passed 2-25-21; Am. Ord. 2021-004, passed 4-8-21)
Section 151.31.004 Notice of Public Hearing
A.   Public Notice Requirements. Notice of the time, date, and place of the public hearing, including a general explanation of the text or map amendment will be given at least 15 days before the hearing in the following manner:
   1.   Each notice of public hearing for text or map amendments shall be published at least once in a newspaper of general circulation published and posted at locations identified as posting areas by the City Clerk.
   2.   Notice of the time, date and place of the hearing on Zoning District Map amendments shall be posted on the affected property. A posted notice shall be printed so that the following are visible from a distance of 100 feet: the word “zoning,” the present district classification, the proposed zoning district classification and the date and time of the hearing.
   3.   Notice of the time, date and place of the hearing for a text or map amendment shall be mailed by certified mail to the owner and applicant or their agent.
   4.   Notice of the time, date and place of hearings on Zoning District Map Amendments shall be sent to all owners of property within 500 feet of the exterior boundaries of the property. The failure of a property owner to receive notice shall not invalidate an action if a good faith attempt was made to comply with the requirements of this Code for notice. In addition to persons whom receive notice as required by the matter under the consideration, the City may provide notice to others if it has reason to believe that they are affected or otherwise represent an interest that may be affected by the proposed development.
   5.   In proceedings involving Zoning District Map Amendments for land that abuts other municipalities or un-incorporated areas of the County or a combination thereof, copies of the notice of public hearing shall be sent to the planning agency of such governmental unit controlling such abutting land.
   6.   In proceedings involving Zoning District Map Amendments that has land located within the territory in the vicinity of a military airport or ancillary military facility as defined in section A.R.S. 28-8461, a copy of the notice of public hearing shall be sent by first class mail to the Fort Huachuca Encroachment Board.
   7.   In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed in paragraph 8 of this Section:
      a.   A 10 percent or more increase or decrease in the number of square feet or units that may be developed.
      b.   A 10 percent or more increase or reduction in the allowable height of buildings.
      c.   An increase or reduction in the allowable number of stories of buildings.
      d.   A 10 percent or more increase or decrease in setback or open space requirements.
      e.   An increase or reduction in permitted uses.
   8.   In proceedings governed by this Section, the City shall provide notice to real property owners pursuant to at least one of the following notification procedures 15 days before the hearing in the following manner:
      a.   Notice shall be sent by first class mail to each real property owner, as shown on the last assessment from the County Assessor's records, whose real property is directly governed by the changes.
      b.   The City shall include notice of such changes with utility bills or other mailings.
      c.   The City shall publish such changes prior to the first hearing on such changes in a newspaper or general circulation in the City. The changes shall be published in a display ad covering not less than 1/8 of full page.
   9.   If notice is provided pursuant to Subsections b or c of Paragraph 7, the City shall also send notice by first-class mail to persons who register their names and addresses with the City as being interested in receiving such notice.
   10.   If the matter to be considered applies to territory in a high noise or accident potential zone as defined in A.R.S. 28-8461, the notice pursuant to Paragraph 7 on this Section, shall include a general statement that the matter applies to property located in the high noise or accident potential zone.
   11.   Notwithstanding the notice requirements set forth in Subsection A of this Section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given.
(Ord. 743, passed 4-10-86; Am. Ord. 804, passed 3-24-88; Am. Ord. 834, passed 3-9-89; Am. Ord. 2003-008, passed 4-24-03; Am. Ord. 2004- 014, passed 12-9-04; Am. Res. 2021-014, passed 2-25-21; Am. 2021-004, passed 4-8-21)
Section 151.31.005 Commission Hearings and recommendation
Every application for amendment of this Code shall be considered by the Commission at a public hearing.
A.   Burden of Proof. The burden of proof is upon the proponent. The more drastic the change or the greater the impact of the proposal, the greater is the burden upon the proponent. The proposal must be supported by proof that it conforms to the applicable elements of the General Plan and to applicable provisions of this Code, especially the specific criteria set forth for the particular type of decision under consideration.
B.   Order of Proceedings
   1.   The presiding officer will state the case and call the public hearing to order. The presiding officer may establish the time allowed for the presentation of information.
   2.   Any objections or jurisdictional grounds shall be noted in the record.
   3.   Any abstentions or disqualification shall be determined. Members shall announce all conflicts of interest.
   4.   Presentation of staff report. City staff may also present additional information, whenever allowed by the presiding officer, during the proceedings.
   5.   The Commission and Council may view the area in dispute for purposes of evaluating the proposal, but shall state the place, time, manner, and circumstances of such viewing in the record.
   6.   Presentation of information by the applicant or those representing the applicant.
   7.   Presentation of evidence or inquiries by those persons who support the proposal.
   8.   Presentation of evidence or inquiries by those persons who oppose the proposal.
   9.   Presentation of evidence or inquiries by those persons who do not necessarily support or oppose the proposal.
   10.   Rebuttal testimony may be presented by persons who have testified supporting or opposing the proposed change. The scope of material presented during rebuttal shall be limited to matters that were brought up during the course of the hearing. Rebuttal shall be first presented by the applicant or his representative and then by those opposed to the proposed change. The presiding officer shall limit rebuttal to avoid repetition and redundancy.
   11.   At the close of presentation of information, rebuttal, and written argument, the presiding officer shall declare that the hearing is closed unless there is a motion to continue the public hearing. Additional written argument may be permitted at the discretion of the Commission and Council.
   12.   Once a hearing has been closed, it shall be reopened only upon a majority vote of the Commission and Council and only after a reasonable showing that:
      a.   There is evidence which was not reasonably available at the time of the hearing; and
      b.   The evidence is now available to the person seeking to reopen the hearing; and
      c.   The evidence is factual, substantial, and material. If the hearing is closed, no further evidence shall be received except in response to specific questions directed to staff or one of the parties to clarify earlier evidence. The opportunity for brief rebuttal shall also be afforded to adverse parties.
C.   Rules of Procedure
   1.   Formal rules of evidence shall not apply.
   2.   Written exhibits, visual aids, affidavits, maps, and the like may be submitted as part of the evidence. Any correspondence presented to or received by any member of the Commission and/or Council, or by any other City agency or official outside the public hearing, may be received as argument and placed in the record, but will not be considered as part of the information, except that correspondence received prior to the closing of the public hearing shall be included as part of the information in that hearing. Unless the Commission or Council specifically allows later filing of argument, no correspondence received after the close of the hearing will be considered as argument.
   3.   All information received by the Commission and Council shall be retained and preserved and shall be sent to an appellate body in the event an appeal is filed in accordance with Section 151.31.006. True, certified, or recorded copies of original information may be substituted for original documents.
   4.   All evidence and argument shall be as brief as possible, consistent with full presentation.
   5.   Redundancy shall be avoided.
   6.   Each person presenting information or argument shall be permitted to complete his presentation without interruption, except by the presiding officer, to enforce this Code.
   7.   Discussion of personalities shall be avoided to the extent possible in making a complete presentation.
   8.   No person present shall engage in applause, cheers, or other vocal or outward expressions of approval or disapproval, agreement or disagreement. If any person persists in such conduct after warning by the presiding officer, such person may be expelled from the hearing.
   9.   The presiding officer has complete authority to enforce these provisions to assure that a fair hearing is held, including the authority to expel from the public hearing and to bar from further appearance at the public hearing any person who willfully violates any one or more of these provisions.
B.   Findings. The Commission shall recommend approval, approval with conditions, or denial of the request based on compliance with the following findings.
   1.   Findings for Map Amendments:
      a.   The change is consistent with the General Plan goals and policies;
      b.   The change is consistent with the purpose of the Development Code to promote the growth of the City in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare;
      c.   The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment-generating uses; and to increase the inventory of land within a given zoning district to meet market demand.
   2.   Findings for Text Amendments:
      a.   Demonstrates the need and justification for the change; and,
      b.   Demonstrates the relationship of the proposed amendment to the City's General Plan with appropriate consideration as to whether the proposed change will further the purposes of this Code and other City ordinances and regulations; and
      c.   Consistent with the purposes of the Development Code to promote the growth of the City in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general public welfare and does not constitute a granting of special privileges to an individual owner.
C.   After the hearing, the Commission shall render a decision in the form of a written recommendation to the Council and to the applicant. The recommendation shall include the reasons for the recommendation and be transmitted to the Council and the applicant by the Director of Community Development.
('76 Code, Art. 12-1) (Ord. 743, passed 4-10-86; Am. Ord. 834, passed 3-9-89; Am. Ord. 2004-014, passed 12-9-04; Am. Res. 2021-014, passed 2-25-21; Am. Ord. 2021-004, passed 4-8-21)
Section 151.31.006 Council Hearings and Decision
A.   If the Commission has held a public hearing, the Council may adopt the recommendations of the Commission without holding a second public hearing if there is no objection, request for public hearing, or other protest.
B.   If an objection, request for public hearing, or other protest is formally submitted, a public hearing shall be required before the Council. The public hearing shall be advertised and meet the public notice requirements as stated 151.31.004. Requests for public hearing, objections, or protests, shall be submitted no more than seven days after the Commission has rendered their decision.
   a.   The Council shall act to approve, approve with conditions, or deny the request. Any decision must include a determination on whether the request is compliant with findings as stated in 151.31.005.(B). The Director of Community Development shall notify the applicant of the action.
C.   The Council shall hold a public hearing should the Fort Huachuca Encroachment Board provide comments or analysis concerning the compatibility of the proposed Zoning District Map Amendment within the high noise or accident potential generated by the military airport or ancillary military facility operations, that may have an adverse impact on public health and safety. The Council shall consider and analyze the comments or analysis before making a final determination.
(Res. 2021-014, passed 2-25-21; Am. Ord. 2021-004, passed 4-8-21)
Section 151.31.007 Protests Against Amendments
If the owners of 20 percent or more, (1) either of the area of lots included in a proposed change or (2) of those immediately adjacent in the rear or any side extending 150 feet, or (3) of those directly opposite extending 150 feet from the street frontage of the opposite lots, file a written protest against a proposed amendment, it shall not become effective except by the favorable vote of 3/4 of all members of the Council. If any members of the Council are unable to vote on such a question because of a conflict of interest, then, the required number of votes for passage of the question shall be 3/4 of the remaining membership of the Council, provided that such required number of votes for passage shall, in no event, be less than a majority (4) of the full membership of the Council.
('76 Code, Art. 12-1) (Ord. 743, passed 4-10-86; Am. Ord. 2004-014, passed 12-9-04)
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