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(A) Purpose. The purpose of the variance procedure is to allow for a variation from the strict application of the development standards or dimension requirements of the zoning code where practical difficulties unnecessary hardship, or a result inconsistent with the general purposes of the zoning code would occur from its strict, and literal interpretation, and enforcement. The Zoning Board of Adjustment shall also be authorized to hear and decide appeals from the decision of the Zoning Administrator and from the Minor Variance Committee.
('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(B) Applications. A written application shall be submitted to the Planning and Neighborhood Service Division as follows:
(1) On the form provided by the Zoning Administrator and signed by the property owner;
(2) Shall specify the variance(s) or minor variance(s) requested or specify the grounds of the appeal;
(3) Shall be accompanied by a nonrefundable filing fee in accordance with the fee schedule adopted by the City Ordinance No. 1943, and successors;
(4) Shall include reasons for granting the application or for granting the appeal; and
(5) Shall include plans and other pertinent information.
('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(C) Public hearing.
(1) A public hearing to consider the requested variance or the appeal shall be held by the Board.
(2) Notice of the time and place of the hearing shall be given as outlined in § 154-03.02(B) or (C).
(D) Zoning Board of Adjustment action.
(1) Following the aforesaid hearing, the Board shall grant a variance(s) only when findings of fact are made that all of the following conditions exist:
(a) There is a special circumstance(s) or condition(s), applying to the property or building referred to in the application and which do(es) not apply to most other properties in the district;
(b) That such special circumstance(s) was not created, or caused, by the property owner or applicant;
(c) The granting of the variance(s) is necessary for the preservation of substantial property rights enjoyed by other property owners in the vicinity under identical zoning designations; and
(d) The granting of the variance shall not be materially detrimental to any person(s) residing, or working, in the vicinity, to adjacent property, to the neighborhood or to the public health, safety and general welfare.
('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2008-55, passed 12-3-2008)
(2) Following the aforesaid hearing, the Board shall take action to either continue consideration, deny or grant an appeal from the decision of the Zoning Administrator and/or from the Minor Variance Committee.
(E) Stay of proceedings. An appeal stays all proceedings unless the Zoning Administrator certifies that a stay would cause imminent peril to life or to property. Upon such certification, proceedings shall not be stayed, except by restraining order granted by a court of record upon notice to the Zoning Administrator.
('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(F) Expiration and time extensions.
(1) Expiration. In any case where a variance(s) has not been used within one year after the granting thereof, it shall be null and void.
(2) Time extensions. The Zoning Board of Adjustment, however, shall hold a public hearing to consider the granting of a time extension of no more than one additional year as follows:
(a) Upon request by the applicant;
(b) When the request is filed with the Planning and Neighborhood Services Division prior to the expiration date of the original variance(s) approval;
(c) When accompanied by a time extension fee in accordance with City Ordinance No. 1943, and successors; and
(d) Upon determination by the Board that there have been no changes in the circumstances, or the vicinity of the property, or use, which would render the previously approved variance(s) inappropriate.
('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(G) Revocation or modification of variances.
(1) Revocation. The Zoning Board of Adjustment, shall be authorized to hold a public hearing to consider the revocation, or modification, of a variance(s) previously granted in accordance with the provisions of the zoning code. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the variance was granted by registered mail, return receipt requested, not less than seven days prior to the date of such hearing. Additional notice shall be provided as specified in § 154-03.02(B).
(2) Findings. A variance(s) may be revoked, or modified, if, from the facts presented at the public hearing, or by investigation, the Zoning Board of Adjustment makes an affirmative determination on any one or more of the following findings:
(a) The variance(s) approval was obtained by fraud;
(b) The variance(s) granted is being exercised contrary to the conditions of approval of such variance(s), or in violation of any applicable law, license, ordinance, permit or regulation; and/or
(c) The use for which the variance(s) approval was granted is being, or has been, exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.
(3) Appeal of revocation. Each decision by the Zoning Board of Adjustment to revoke variance(s) shall be by a majority of the membership of the Board present and voting. Any person may appeal the revocation in writing to the Planning and Neighborhood Services Division, including any required appeal fee, within 30 days of the decision of the Board of Zoning Adjustment. The appeal shall be forwarded to the City Council. The City Council may, after a public hearing, affirm, reverse or modify the decision of the Zoning Board of Adjustment.
('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(H) Minor variances. The purpose of the minor variance procedure is to allow for a maximum 20% variation from a development standard or dimension requirement of the zoning code where a practical difficulty, unnecessary hardship, or a result inconsistent with the general purposes of the zoning code would occur from its strict, and literal interpretation, and enforcement.
(1) Open meeting. Notwithstanding the procedures set forth in divisions (D)(1)(a) through (D)(1)(c) above for consideration of a variance application, the Minor Variance Committee may, at an open meeting, approve a minor variance(s) upon the making of the findings required in divisions (D)(1)(a) through (d) above, when the conditions outlined in § 154-02.06(B)(2) are satisfied.
(2) Zoning Administrator. Notwithstanding the procedures set forth in divisions (D)(1)(a) through (D)(1)(c) above for consideration of a variance application, the Zoning Administrator may approve a deviation in development standards and/or dimensional criteria upon the making of the findings required in divisions (D)(1)(a) through (D)(1)(d) above, when the conditions outlined in § 154-02.03(B)(7) are satisfied.
(3) Appeal. In the event the Minor Variance Committee approves, denies or approves with conditions an application for a minor variance(s) filed pursuant to these regulations, any person may appeal that decision in writing to the Planning and Neighborhood Services Division, including any required appeal fee, within 30 days of the decision of the Minor Variance Committee, and request that the minor variance be placed on the agenda of the next available, regularly scheduled Zoning Board of Adjustment meeting. Such applications shall be acted on by the Zoning Board of Adjustment as specified in division (D) above.
('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2006-39, passed 6-21-2006; Ord. O2010-32, passed 7-7-2010)
(A) Purpose. The purpose for the conditional use permit procedure is to allow approval of uses which are deemed to possess location, use, building or traffic characteristics of such unique and special form as to make impractical or undesirable, their automatic inclusion as permitted uses in certain districts. The Planning and Zoning Commission shall have the authority to grant approval for conditional uses, under the procedures herein stated. In granting a conditional use permit; certain safeguards may be required, and certain conditions established to accomplish to following:
(1) To protect the public health, safety, convenience and general welfare;
(2) To assure that the purposes of the zoning code shall be maintained with respect to the particular conditional use on the particular requested site;
(3) To consider the location, use, building, traffic characteristics and environmental impact(s) of the proposed use; and
(4) To consider existing and potential uses with the general area in which the requested conditional use is proposed.
('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(B) Conditions of approval. The conditions of approval required by the Planning and Zoning Commission in granting a conditional use permit may include, but are not limited to, provisions concerning access, aesthetics, appearance, area, driveways, environmental attenuation, general character, height, hours of operation, lighting, loading, neighborhood compatibility; noise attenuation, on- and off-site improvements, open spaces, operating hours, parking, prevention of vandalism or graffiti, revocation dates, security of persons and property, setbacks, signs, site plan, size, street right-of-way dedication, time limits for commencing construction or use authorization, use, walls, yards and any other conditions the Planning and Zoning Commission may deem appropriate and necessary to carry out the purpose(s) of the zoning code.
('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(C) Exceptions; approval or denial. In granting a conditional use permit, the Planning and Zoning Commission shall be authorized to hear and decide applications for an exception(s) as follows:
(1) When filed concurrently with a conditional use permit application;
(2) As authorized by § 154-03.04(A) as a variance to the zoning code; and
(3) Provided the Planning and Zoning Commission shall make the four findings of fact required by § 154-03.04(D)(1) of the zoning code.
('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(D) Types of conditional uses. The Planning and Zoning Commission may grant a conditional use permit in accordance with the procedures stated in the zoning code for any of the following uses:
(1) Any use listed as a conditional use in any district;
(2) A temporary and revocable use of property on an undeveloped parcel(s) for a maximum period of 12 months; provided, such use be of a true temporary nature, does not require the erection of substantial buildings or improvements and shall be subject to the applicant furnishing satisfactory assurance of complete removal of such buildings or improvements at the expiration of the permit approval; and
(3) Any hazardous material environmental remediation program, project or facility proposed to exceed a ten-day period for property in any district.
('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(E) Application. A written application shall be submitted to the Planning and Neighborhood Services Division as follows:
(1) On the form provided by the Zoning Administrator and signed by the property owner;
(2) Shall specify the conditional use requested;
(3) Shall be accompanied by a nonrefundable filing fee in accordance with the fee schedule adopted by City Ordinance No. 1943, and successors;
(4) Shall include reasons for granting the application; and
(5) Shall include plans and other pertinent information.
('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(F) Public hearing. A public hearing shall be held by the Commission. Notice of the time and place of the hearing shall be given as outlined in § 154-03.02(D).
(G) Planning and Zoning Commission action.
(1) The Planning and Zoning Commission shall have the authority to hear and decide applications for conditional use permits. However, when specified by the zoning code that the City Council shall have the final authority to decide applications for conditional use permits, the decision of the Planning and Zoning Commission shall be advisory to the City Council.
(2) In order to approve an application for a conditional use permit, the Planning and Zoning Commission shall make a finding that each of the following questions can be answered affirmatively.
(a) Is the Planning and Zoning Commission, or the City Council, authorized under the zoning code to grant the conditional use permit described in the application?
(b) Will the establishment, maintenance and/or operation of the requested conditional use, under the circumstances of the particular case, not be detrimental to the health, safety; peace, morals, comfort or general welfare of persons residing, or working, in the vicinity or such proposed use, or be detrimental or injurious, to the value of property in the vicinity, or to the general welfare of the city?
(c) Are the provisions for ingress, egress and traffic circulation, and adjacent public streets adequate to meet the needs of the requested conditional use?
(d) Are the provisions for building(s) and parking facility setbacks adequate to provide a transition from, and protection to, existing and contemplated residential development?
(e) Are the height and bulk of the proposed buildings and structures compatible with the general character of development in the vicinity of the requested conditional use?
(f) Have provisions been made to attenuate noise levels and provide for adequate site and security lighting?
(g) Has the site plan for the proposed conditional use, including, but not limited to landscaping, fencing and screen walls and/or planting, CPTED strategies (Crime Prevention Through Environmental Design) and anti-graffiti strategies been adequately provided to achieve compatibility with adjoining areas?
('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(H) Expiration and time extensions.
(1) Expiration. In any case where a conditional use permit has not been used within one year after the granting thereof, it shall be null and void.
(2) Time extensions. The Commission, the Hearing Officer, or in the case of City Council approval, the Council, shall hold a public hearing to consider the granting of a time extension of no more than one additional year as follows:
(a) Upon request by the applicant;
(b) When the request is filed in writing with the Planning and Neighborhood Services Division prior to the expiration date of the original conditional use permit approval;
(c) When accompanied by a time extension fee in accordance with City Ordinance No. 1943, and successors; and
(d) Upon determination by the Commission, the Hearing Officer, or in the case of City Council approval, the Council, that there have been no changes in the circumstances, or the vicinity of the property or use, which would render the previously approved conditional use permit inappropriate.
('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2011-10, passed 4-20-2011)
(I) Revocation or modification of conditional use permits.
(1) Revocation. The Planning and Zoning Commission, shall be authorized to hold a public hearing to consider the revocation or modification of a conditional use permit previously granted in accordance with the provisions of the zoning code. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the conditional permit use was granted by registered mail return receipt requested, not less than seven days prior to the date of such hearing. Additional notice shall be provided as specified in § 154-03.02(D).
(2) Findings. A conditional use permit may be revoked, or modified, if, from the facts presented at the public hearing, or by investigation, the Planning and Zoning Commission makes an affirmative determination on any one or more of the following findings:
(a) The conditional use permit was obtained by fraud;
(b) The conditional use permit is being exercised contrary to the conditions of approval of such conditional use permit, or in violation of any applicable law, license, ordinance, permit or regulation; and/or
(c) The use for which the conditional use permit was granted is being, or has been, exercised as to be detrimental to the public health, or safety, or so as to constitute a nuisance.
(3) Appeal of revocation. Each decision by the Planning and Zoning Commission to revoke a conditional use permit shall be by a majority of the membership of the Commission present and voting. Any person may appeal in writing to the Planning and Neighborhood Services Division, including any required appeal fee, within 30 days of the revocation determination of the Planning and Zoning Commission. The appeal shall be forwarded to the City Council. The City Council may, after a public hearing, affirm, reverse or modify the decision of the Planning and Zoning Commission.
('80 Code, App. A, § 215) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2010-32, passed 7-7-2010)
(A) Protected development right plan approvals. The City Council shall consider for approval protected development right plans submitted in accordance with A.R.S. §§ 9-1201 through 9-1205, as amended, and the procedures set forth in this section of the City Code.
(1) Protected development right plan. A city-approved development plan or subdivision plat, which at a minimum, describes with a reasonable degree of certainty:
(a) The proposed uses of the site;
(b) The boundaries of the site;
(c) Significant topographical and other natural features affecting development of the site;
(d) The number of dwelling units or other structures; and
(e) The location of all existing and proposed utilities and a provision for other infrastructure on the site, including water, sewers, roads and pedestrian walkways.
(2) Phased development. For purposes of consideration and approval of protected development right plans, a phased development is a master planned development which:
(a) Consists of at least 40 acres depicted on a single master subdivision plat for a residential development;
(b) Consists of at least 20 acres depicted on a single master planned subdivision plat or development plan for a nonresidential development;
(c) Is the subject of newly adopted planned unit development (PUD); or
(d) The City Council have identified as a phased development for purposes of protected development rights.
(3) A plan or subdivision plat for other than a phased development. A plan or subdivision plat for other than a phased development may be considered a protected development right plan only if, in addition to the foregoing requirements, it describes with a reasonable degree of certainty the square footage, height and general location of proposed buildings, structures and other improvements and provides the final site development approval needed for issuance of a building permit.
(Ord. O2005-47, passed 7-6-2005)
(B) Grant of protected development right. A protected development right shall be granted upon approval by the City Council of a plan identified at the time it is submitted as a protected development right plan.
(C) Effective date of protected development right. A protected development right shall be deemed established with respect to a property on the effective date of City Council approval of a protected development right plan.
(D) Duration of protected development right. The duration of the protected development right shall be three years for a non-phased development and five years for a phased development, with a single two year extension permitted at the discretion of the City Council in either event.
(E) Modification of development plan expiration dates. A development plan that has been designated a protected development right plan shall expire upon termination of the protected development right. If a building permit has been issued before the date of termination of a protected development right, the protected development right remains valid until the building permit expires, but in no event for longer than one year.
(F) Conditions or variance. A protected development right plan approved with conditions, or stipulation that a variance be obtained, does not confer a protected development right until the conditions are met or the necessary variance is obtained.
(G) Health and welfare exception. The protected development right shall not be applicable to matters of health and welfare, as set forth by either the United States Environmental Protection Agency or the Arizona Department of Environmental Quality/Department of Health Services.
(Ord. O2010-32, passed 7-7-2010)
(A) Filing of plan of develop. The owners or their agents shall file with the Planning Director a plan of development to be approved by the City Council upon review and report by the Planning Commission. The plan of development shall include a site plan illustrating the proposed size and location of all buildings and structures, parking areas, landscaped areas and traffic circulation, street improvement, water, sewer and drainage plans and a schedule of development. A market feasibility study, landscaping plans and architectural elevations may be required if necessary to ensure that the purpose of the PSC Zoning District will be accomplished.
(B) Filing fee. A nonreturnable filing fee in accordance with the fee schedule adopted by City Ordinance No. 1943, and successors, shall be required for review of a plan of development.
(C) Recommendations of Planning Commission. The recommendations of the Planning Commission shall include the reasons for approval or disapproval of the plan of development, and if recommended for approval, evidence demonstrating the following specific purposes of the PSC Zoning District will be accomplished:
(1) The completed project will function as an inter-related and coordinated whole such successfully provides interplay among individual commercial establishments and separation of vehicular and pedestrian circulation;
(2) Adequate and safe ingress and egress, internal traffic circulation and off-street parking will be provided;
(3) There will be adequate landscaping or screening, architectural unity, sign control and drainage facilities to preserve and protect surrounding residential areas and general community character; and
(4) Construction of the project will commence, and the entire project will be completed within a reasonable period of time.
(D) Approved plan of development. An approved plan of development shall be binding upon the property owner, his or her agents, their successors or assignees. No building permit shall be issued for any building or structure not in accord with the plan of development. The construction, location, use or operation of all land and structures within the site shall conform to all conditions and limitations set forth in the plan of development. No structure, use or other element of an approved plan of the development shall be eliminated, altered or provided in another manner unless an amendment is approved. Amendments shall be processed in the same manner as the initial plan of development for a shopping center.
('80 Code, App. A, § 100) (Ord. 583, passed 9-16-1952; Ord. 1627, passed 7-6-1977; Ord. 1939, passed 6-18-1980; Ord. 2687, passed 1-4-1995)
(E) Time limit. In the event that a plan of development is not submitted within two years from the effective date of the ordinance establishing the PSC Zoning District on a specific property, or construction of a shopping center does not commence within one year of final approval of a plan of development, the property shall revert to its former zoning district classification without further action. In such event county zoning classification existing prior to establishment of the PSC Zoning District, the property shall revert to the Residence “A” Zoning District. The Planning Commission may, upon request and for good cause, extend time limits prescribed herein for successive periods of up to six months.
('80 Code, App. A, § 100) (Ord. 583, passed 9-16-1952; Ord. 1627, passed 7-6-1977; Ord. 2687, passed 1-4-1995; Ord. O2010-32, passed 7-7-2010)
(A) Submittal and approval. The project design plan, for any project within an Aesthetic Overlay District, shall be submitted and approved by the Design and Historic Review Commission (DHRC) prior to the issuance of any construction or development permits.
(B) Fee. The project design plan shall be accompanied by the appropriate fee and shall provide adequate information for the Design and Historic Review Commission (DHRC) to determine whether the proposed project will meet the ordinance requirements of the district.
(C) Project design plan. The following minimum information shall be provided on all project design plans:
(1) Location map. Including area within one-half mile of the subject lot including adjacent zoning districts, with north arrow indicator;
(2) Proposed project design plan. Location, identification and dimension of the following existing and proposed data, to a distance of 100 feet outside the subject lot unless otherwise stated to include the following:
(a) Topographic contours, at a minimum interval of one foot vertical to two feet horizontal (existing and proposed);
(b) Property lines (existing and proposed), with dimensions and north arrow indicator;
(c) Buildings and structures:
1. Use and square footage of each building;
2. Horizontal dimensions;
3. Building elevations;
4. Indicate required front, side, rear and street yard setbacks; and
5. Location, height and material of all existing and proposed walls or fences.
(d) Streets, alleys, driveways, paths, bikeways and rights-of-way;
(e) Easements, stating dimension and nature (both existing and proposed, aboveground and underground);
(f) Walls and fences (existing and proposed), including height, location and material;
(g) Parking facilities, including bicycle racks:
1. Proposed driveways (showing points of ingress and egress), islands and planters; and
2. Calculations indicating number of spaces for each use as required by the zoning code.
(h) Lighting (exterior) showing location, type and height in accordance with the Aesthetic Overlay District, Aesthetic Overlay Design Guidelines and Article 18 of this chapter; and
(i) Conceptual landscaping plan, indicating general location and type of plantings.
(D) Plan sheet. An 11 inch by 17 inch reduction of each plan sheet if submittal information is not submitted digitally.
(E) Legend. A legend shall be included, indicating the following:
(1) Name of project/development;
(2) Location of project/development by street address;
(3) Name and mailing address of developer/owner;
(4) Name and mailing address of engineer/architect or agent;
(5) Date of plan preparation;
(6) North arrow indicator;
(7) Scale of not less than one-inch equals 40, 50, 60, 100 or 200 feet to the inch, as deemed appropriate for each application;
(8) Project summary, indicating the scope and nature of project (if applicable, the project design plan shall include information on how it is coordinated with the overall Master Plan for the development); and
(9) An inventory of the uses proposed, including floor areas for each use.
(F) Phasing plan. If the proposed project is to be constructed in phases, a phasing plan for subsequent phases shall be provided. The following minimum information shall be provided on all phasing plans:
(1) Legal description of all properties, gross acreage of the entire project, and gross acreage of each property;
(2) A phasing plan at an appropriate scale indicating:
(a) Locations of buildings and structures;
(b) Parking facilities;
(c) Vehicle, pedestrian and bicycle circulation;
(d) Locations of adjacent arterial and major collector streets; and
(e) Retention, open space and recreational areas.
(3) A table of the proposed uses including gross floor areas for each use; and
(4) Location and timing of phasing within the development.
('80 Code, App. A, § 113) (Ord. 583, passed 9-16-1952; Ord. 2663, passed 7-20-1994; Ord. O2008-31, passed 8-6-2008; Ord. O2009-54, passed 10-21-2009; Ord. O2010-32, passed 7-7-2010)
(A) An application for designating a building, structure, area or object as an historic site shall be filed with the Community Development Department.
(B) Within 90 days of the date of filing of the application, the Commission shall hold a public hearing and render a decision on the application, unless an extension of time is authorized in writing by both the Commission and the applicant. Notice of the time and place of the hearing, including a general explanation of the application and a description of the building, structure or object or the area sought to be included within the district, shall be given by the Zoning Administrator at least 15 days before the hearing. Said notice shall include the time and place of a second public hearing, to be held within a reasonable time thereafter, by the Planning and Zoning Commission pursuant to requirements for amending the zoning map.
(1) The notice shall be published at least once in a newspaper of general circulation, published or circulated within the city; or, if there is none, upon an application for designation of an historic district by posting notice in at least ten places within the area to be included in the district and, upon either application, in at least ten public places other than at the building, structure or object within the area.
(2) Notice of hearing on the application for designation of an area as an historic district shall be mailed to the owner of each parcel of real property within the proposed district, and to all owners of property within 100 feet of the exterior boundaries of the proposed district, addressed to the owner in the name shown and at the address shown in the assessment parcel records of the County Assessor as of the date of filing the application. Failure of any property owner to receive said notice shall not invalidate the proceedings.
(3) Notice of hearing on the application for designation of a building, structure or object as an historic site shall be mailed to the owner of that building, structure or object and to all owners of property within a radius of 100 feet of the exterior boundaries of the subject property, addressed to the owner in the name shown and at the address shown in the assessment parcel records of the County Assessor as of the date of filing the application. Failure of any property owner to receive said notice shall not invalidate the proceedings.
(4) Additional notice may be required by the Commission under its rules.
(C) The Community Development Department shall provide administrative support for the Commission upon any application.
(D) (1) The Commission’s decision shall be made at a public hearing to recommend one of the following:
(a) Adoption of an ordinance creating the historic site or district;
(b) A district of lesser size than sought by the application but within the boundaries described in the application; or
(c) Denial of the application.
(2) After its announcement, the decision shall be put in writing, with the reasons for the recommendation, and transmitted to the Planning and Zoning Commission for review/recommendation, and then forwarded to the Mayor and Council for the final decision.
(E) Written objection of the Commission’s decision may be filed with the City Clerk by any adult resident of the city within ten days following the date of the public hearing at which the decision was made. In the event written objection is so filed, a public hearing shall be held before the City Council prior to action being taken on the Commission’s recommendation, with notice of the hearing.
(F) An historic site or district shall be identified upon the official zoning map of the city with the symbol “H” immediately following the zoning district name; no modification of underlying zone or permitted use shall thereby be affected.
('80 Code, App. A, § 114) (Ord. 583, passed 9-16-1952; Ord. 2125, passed 5-4-1983; Ord. O2009-54, passed 10-21-2009; Ord. O2010-32, passed 7-7-2010)
(A) If a property owner desires to develop a parcel of land with a use that is not permitted within the airport noise and accident potential zone in which the property is located, the owner may file an application for a land use waiver in accordance with procedures established in § 154-03.03 of this chapter.
(B) Waivers may be granted after public hearings by the Planning Commission and City Council, and upon a specific finding by the Council that the purpose of the Airport District and the zoning ordinance is preserved.
(C) Applications shall be filed with the Planning Division, and shall be accompanied by a detailed site plan, a detailed description of the proposed uses and their relationship to adjacent property. Applications shall be submitted under one of the two following provisions.
(1) Submission of a test report.
(a) The test report to be prepared under the supervision of a registered engineer in Arizona in accordance with accepted day-night average sound level methodology of sound measurements. Such test report shall establish the Ldn level for the requested land use as permitted by this Airport District; or
(b) At the option of the applicant, the applicant shall provide an accurate survey map for the petitioned property and financial assurance in a form approved by the city. Said assurance being for the sole purpose to reimburse the city for the actual cost of hiring a registered engineer to conduct the test report.
(2) Submission of an application, report and plans. Submission of an application, report and plans which provide the following:
(a) A statement acknowledging and not challenging the noise level as indicated by the airport noise and accident potential zone map; and
(b) Documentation that the permitted uses within the specific noise zone and/or APZ Zone are not reasonable uses of the property because of one of the following conditions:
1. The permitted uses would have a detrimental effect upon adjacent property;
2. There are special circumstances applicable to the property including, but not limited to, size, shape, topography, adjacent development, street access, utilities and other development constraints; and
3. A land use waiver, shall not be granted if the conditions which created the detrimental effect upon adjacent property or the special circumstances were established by the property owner after the adoption of the Airport District.
(D) A land use waiver shall not be granted for residential uses within the APZ-1, APZ-2 and clear zones.
('80 Code, App. A, § 122) (Ord. 583, passed 9-16-1952; Ord. 1837, passed 6-20-1979; Ord. 2352, passed 3-18-1987; Ord. O2010-32, passed 7-7-2010)
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