An applicant may request a change to conditions of approval. The PDSD
shall make a determination as to whether a proposed change to the conditions of rezoning, to the preliminary
, or to the approved
is major, minor, or administrative. A request to change conditions of approval is considered as follows:
A. Types of Changes
The three types of changes are as follows:
1. Major Change
a.
or increase in non-residential
condition
This change involves, 1) if the number of residences increases by 10% or greater; or in any case increases by 50 or more units; or 2) if the non-residential
increases by 10% or greater;
b. Design condition
This change involves a quantified physical dimension established in a condition to adapt to specific
characteristics or mitigate
impacts on the
and surrounding
. Examples of such dimensions include
, heights, landscape buffers, natural areas, or areas to be disturbed, when these are illustrated on the preliminary
or stated in a condition;
c. Use condition
This change involves an illustration on the preliminary
or a change stated in a condition that only a specific set of uses are permitted on the
; or,
d. A change in a preliminary
when the
area is substantially reconfigured such that traffic generated by the new layout will increase 10% or greater over the previous layout’s proposed traffic generation.
2. Minor Change
A change in the rezoning conditions or preliminary
that is not a major change or an administrative change.
3. Administrative Change
A change in a feature of a preliminary
for an approved rezoning when the result is still in substantive compliance with the approved rezoning. Administrative changes are approved by the PDSD
. The
shall make a finding that the change will not create a
on
or cause a safety hazard.
B. Procedures for Changes
1. Minor Amendment to a Preliminary
A request for a minor amendment to a preliminary
that was approved by the Mayor and Council is considered a change to conditions of approval that may be granted by the PDSD
.
2. Major Amendment to Conditions or the Preliminary
a. A request for a major amendment to the conditions of approval or the approved preliminary
is subject to either the Zoning Examiner Legislative Procedure, per UDC Section 3.5.3, or Mayor and Council approval at a public hearing.
b. A neighborhood meeting is required per the requirements of Section 3.2.2.
c. After the required neighborhood meeting the PDSD
will determine which process the request will follow. The PDSD Director's determination is not subject to appeal.
1. The request shall follow the Zoning Examiner Legislative Procedure if the PDSD Director determines, after the neighborhood meeting, that the application presents issues that would be appropriate for review and recommendation from the Zoning Examiner prior to Mayor and Council consideration.
2. The request is subject only to Mayor and Council approval at a public hearing if the PDSD
determines that no review by the Zoning Examiner is needed to inform the Mayor and Council's consideration of the application. The Mayor and Council may proceed to make that decision after a Public Hearing; and also have the option to remand the application to the Zoning Examiner for the Zoning Examiner's review and recommendation.
d. The same voting requirements as for the original adoption shall apply to the request for a substantial change of conditions.
3. Minor Changes to Conditions
Minor amendments to conditions of approval must be considered by the Mayor and Council in a public meeting.
C. Time Period for Completion of Conditions
1. The Mayor and Council, when authorizing a rezoning request, shall establish a time period to meet all conditions of rezoning. The time period shall begin the day after the date of authorization.
2. The required length of the time period to complete conditions of rezoning may range from one day to five years. By Mayor and Council policy, the staff recommendation for rezoning requests that involve a zoning
is a one-year period. For rezoning requests that do not involve a zoning
, a five-year period is recommended.
D. Extension of Time
1. When a rezoning request has been authorized or an ordinance adopted and the specified time period within which to complete all conditions of rezoning has lapsed, the case file shall be closed. A closed case may be reactivated only by the Mayor and Council after a public hearing on the reactivation of the case.
2. A time extension may be requested before the time period for completion of the ordinance conditions expires. The request must be filed prior to the expiration date so Mayor and Council can take action on the request prior to the expiration of rezoning.
3. The filing of a time extension request initiates a staff review to determine whether the request should be approved or denied, and whether conditions should be revised to reflect new conditions, or practice. New conditions may be added as part of the staff review. At the end of the staff review period, a communication to Mayor and Council is drafted and forwarded to the City Clerk for City Manager review and Mayor and Council consideration.
4. The Mayor and Council shall consider the time extension request after a public hearing, in the circumstance where the time extension request does not extend the expiration period beyond five years from the most recent public hearing on the case. However, no time extension may be granted beyond ten years from the original date of approval.
5. Where an ordinance has been adopted, the last public hearing before the ten-year limitation shall provide for the repeal of the adopted ordinance if the conditions are not completed prior to the expiration of the ten-year period.
E. Completion and Certification
A case is deemed complete and final when the conditions of approval are verified as complete by the PDSD
. The conditions may include, but are not limited to the issuance of a
permit, the recording of legal documents, such as a
, or issuance of a zoning compliance certificate upon a
inspection. When completion of the conditions has been verified, the PDSD
shall certify completion of the conditions and the zoning on the property shall be changed in accordance with the adopted ordinance.
F. Time Limitations on Re-filing
1. Mayor and Council policy and the rules and procedures of the Zoning Examiner require that a new request for rezoning on property previously denied rezoning by the Mayor and Council may not be accepted for a period of one year from the date of denial, except:
a. When the new case does not involve a request for a
that was denied or recommended as a substitute
and rejected by the original applicant;
b. When a substantial change in the use of
property has occurred since the previous case was heard that could not have been anticipated; or,
c. When there has been a change in ownership and a substantially modified
is presented.
2. Mayor and Council policy recognizes the Pima County Board of Supervisors’ one-year policy with respect to rezoning applications that have been denied, where these properties are later annexed into the
. The one-year waiting period begins on the day after the date the Board of Supervisors denied the application.
(Am. Ord. 11996, 3/21/2023)