3.2.3. APPLICATION REQUIREMENTS

   A.   Application Required

      1.   The Director of the Planning and Development Services Department (PDSD) initiates the review and processing of a complete application, except as provided below. The PDSD Director shall make a determination of application completeness. An application is considered complete if it is submitted in the required form, includes all mandatory information, including all supporting materials specified in the Administrative Manual, and is accompanied by the applicable fee. Rezoning applications shall also submit evidence of plan compliance to be considered complete. If the application is determined to be complete, the application shall then be processed according to this article.

      2.   If an application is determined to be incomplete, the PDSD Director shall provide notice to the applicant with an explanation of the application’s deficiencies. Incomplete submittals are generally not accepted for review. However, if an incomplete submittal is accepted for review, the applicant should be aware that, because of a lack of information, the review will take longer since comments cannot be finalized until after the re-submittal when the required information is provided.

      3.   Applications submitted with false or misleading information shall be deemed incomplete.

   B.   Sequential or Concurrent Review Process

      1.   Where an application under this section requires review under more than one review procedure, the PDSD Director shall determine whether reviews will be conducted sequentially or concurrently, based upon the issues raised by each application.

      2.   Where the Director determines that reviews will be conducted sequentially, the date of acceptance for each procedure shall commence upon the date of decision of the prior procedure unless otherwise stated by the PDSD Director.

   C.   Appeal Procedure for Denial of Plan Compliance

   If an application is rejected because it is not consistent with the General Plan or any applicable specific plan , the rejection of the application may be appealed by the applicant in accordance with Section 3.9.2, Mayor and Council Appeal Procedure.

   D.   Suspension and Withdrawal of a Rezoning or Plan Amendment Application

      1.   For rezoning and plan amendments only, an applicant may suspend an application at any time prior to the date published notice is given for the public hearing before the Planning Commission or the Zoning Examiner. When requested in writing by the applicant, the PDSD Director may authorize a delay of the plan amendment process for a maximum of 90 days . The applicant may request in writing an additional delay(s). The PDSD Director may delay the amendment process to permit a number of related plan amendment applications to be considered at the same time. An application shall not be suspended for more than one year from the date of acceptance of the application.

      2.   The PDSD Director may withdraw a plan amendment application at any time and at the request of the applicant and/or the party who paid the filing fee. PDSD shall determine if the applicant is eligible for a refund, and if so, the amount of fees to be refunded.

TABLE 3.2-1 PUBLIC NOTICE AND PROCEDURAL REQUIREMENTS
Procedure	Section	Pre- Applica- tion Confer- ence	Neigh- borhood Meeting	NOTICE**						Decision Maker	Appeal
				Mailing/Distance*	Posted	Pub- lished	Neigh- borhood Associ- ation / Distance	Applica- tion Accept- ance	Notice of Decision
ZONING ADMINISTRATOR INTERPRETATION
ZA Interpretation of UDC	1.5.1							R	See Sec. 1.5.1	ZA	B/A
ZONING COMPLIANCE REVIEW
100' Notice	3.3.4.E			R/100'			R/NA of the site	R	R	PDSD Director	B/A
400' Notice	3.3.5	R	R	R/400'			R/1 mile	R	R	PDSD Director	M/C
NPZ Design Review	5.10.3	R		R/100'			R/NA of the site		R	PDSD Director	DRB
PDSD ADMINISTRATIVE APPROVAL
Minor Subdivision & Block Plat	8.4.3.E	R								M/C
FLD Subdivision  Plat or Site Plan	8.7.3.P		R	R/400'			R/1 mile	R		Varies (see Sec. 8.7.3.P)
SPECIAL EXCEPTION LAND USES
PDSD Director SE	3.4.2			R/100'			R/NA of the site	R	R	PDSD Director	B/A
ZE SE	3.4.3	R	R	R/400'	R	R	R/1 mile	R		ZE	M/C
M/C SE	3.4.4	R	R	R/400'	R	R	R/1 mile	R		M/C
REZONING/ZONING EXAMINER LEGISLATIVE PROCEDURE
RZ/ To Establish PAD	3.5	R	R	R/400'	R	R	R/1 mile	R	R	M/C
Rezoning to Establish a PCD	3.5.6.E	R	R	R/1/2 mile	R	R	R/2 mile	R	R	M/C
Major Change to RZ condition; Site Specific Establishment of an Overlay Zone ; Major amendments to PAD, PCD	3.5	R	R	R/400'	R	R	R/1 mile	R	R	M/C
LAND USE PLAN ADOPTION AND AMENDMENT
Readoption of General Plan	3.6	Notice is in conformance with the requirements of A.R.S. § 9-461.06								M/C
Adoption of MS&R, Redev. or Specific Plan	3.6	Notice is in conformance with the requirements of A.R.S. § 9-461.06. For Redevelopment Plans, notice must be published for 2 consecutive weeks in compliance with A.R.S. § 36-1479								M/C
Site -Specific Amendment to Gen. Plan, MS&R, Redevelopment or Specific Plan	3.6	R	R	R/400'		R	R/1 mile			M/C
UNIFIED DEVELOPMENT CODE TEXT AMENDMENT
Text Amendment, General	3.7					R/1/8th page display ad				M/C
Text Amend. Creating or Amending an Overlay zone	3.7		R	R/400' & all owners within Overlay Zone		R/1/8th page display ad	R/All NA registered with the City			M/C
APPEALS PROCEDURES
DRB Appeal	3.9.1			R/100'			R/NA of the site		R	M/C
M/C Appeal	3.9.2			R/400'	R	R	R/1 mile		R	M/C
Takings Appeal	3.9.3.C								R/Applicant only	ZA
BOARD OF ADJUSTMENT APPEAL AND VARIANCE
B/A Appeal	3.10.2			R/400'	R	R	R/1 mile		R	B/A
B/A Variance	3.10.3	R	R	R/400'	R	R	R/1 mile	R	R	B/A
ADMINISTRATIVE MODIFICATIONS
DDO	3.11.1			R/100'			R/NA of the site	R	R	PDSD Director	B/A
MISCELLANEOUS APPROVALS
Protected Development Right	3.12.2								R to applicant only	M/C
B/A=Board of Adjustment DDO=Development Design Option DRB=Design Review Board M/C=Mayor and Council MDR= Modification of Development Regulations			MS&R=Major Streets and Routes Plan NA=Neighborhood Association PDSD=Planning & Development Services Department PH=Public Hearing				RND=Rio Nuevo District RZ=Rezoning ZA=Zoning Administrator ZE=Zoning Examiner **See also Special Notice Requirements in Section 3.2.4.B.6 & 7

 

(Am. Ord. 11070, 5/14/2013; Am. Ord. 11127, 11/6/2013; Am. Ord. 11171, 5/20/2014; Am. Ord. 11732, 2/19/2020; Am. Ord. 11996, 3/21/2023)