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Bullhead City City Zoning Code

CHAPTER 17

52 - AMENDMENTS

17.52.010 - Authority.

A.

The planning commission and city council may, from time to time, amend, supplement or change zoning boundaries or regulations herein or subsequently established.

B.

Recommendations for such amendments may be initiated by the commission, the city council, or staff by application in accordance with Section 17.52.020.

C.

No amendment affecting a zoning boundary or an amendment to the regulations shall be passed until a public hearing is held in accordance with Section 17.52.030.

(Ord. 2009-1, § 1, 1-20-09; Ord. 89-216 (part); Ord. 88-182 (part): prior code § 13.30.1)

17.52.020 - Procedures.

A.

Application for a density/zoning map change shall be made on the form provided by the city of Bullhead City and shall be signed by the property owner or owners for all property included in the application. A request for approval of the application shall not be routed to the commission until all of the items required in this section have been successfully addressed.

B.

A site plan depicting/reflecting the information listed in this subsection shall be submitted along with the application form. The site plan shall be drawn to scale, adequately depict and reflect the required information, and be prepared on a twenty-four-inch by thirty-six-inch plan sheet unless otherwise approved by the development services department. The applicant shall submit folded copies of the site plan.

1.

Lot dimensions.

2.

All buildings and structures existing and proposed, including dimensions, elevations and a color palette.

3.

Yards and/or setbacks, as well as spaces between buildings.

4.

Landscaping and screening as required by Chapter 17.48 of this title.

5.

Off-street parking as required by Chapter 17.44 of this title.

6.

Vehicular, pedestrian and service access.

7.

Lighting and signs shown in compliance with Chapter 17.42 of this title, including location of both.

8.

Outdoor storage and activities.

9.

Location and name of adjacent rights-of-way.

10.

Refuse collection container location.

C.

Developers of all projects which are the subject of a conditional use permit or a zone change request and which generate five hundred or more vehicle trips per day based on the multipliers listed in the Bullhead City procedures manual shall submit a traffic impact analysis of the project site and its vicinity to the development services director for approval prior to such conditional use permit or zone change request being placed before the planning and zoning commission and/or city council for consideration. The traffic impact analysis shall be prepared by a professional registrant in accordance with the specifications set forth in the Bullhead City procedures manual.

D.

Processing of a zoning map change may be commenced without a site plan when the zoning proposed is requested with a conceptual plan or preliminary plat or when the zoning proposed is identical to the zoning of all surrounding properties. Processing of a zoning map change may then be completed without a site plan or further delay provided one is not requested by the planning and zoning commission and/or the city council.

E.

Site plans submitted in accordance with the requirements of this section are considered to express the intent of the applicant in developing the property under consideration. Conditional approval of a zoning map change, which requires compliance with a site plan, shall be considered conceptual site plan approval only and shall not imply variance from any requirements in conflict therewith.

F.

The office of the development services director shall notify the property owners within three hundred feet from the involved property, using a list of property owners submitted by the applicant representing those current owners within three hundred feet of the property as shown in the records of the Mohave County assessor's office, of the request for amendment. Notification shall consist of an attempt to notify by first class mail. The notification shall contain a description of the changes and the date of the public hearing.

G.

In order to grant any zoning map change, the findings of the commission must be that the establishment, maintenance, or operation of the use applied for will not be detrimental to the public health, safety, peace, convenience, comfort and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. The commission may designate such conditions in connection with the zoning map change, as it deems necessary to secure the intent and purposes of this section and the Bullhead City general plan. The commission may require such guarantees and evidence that such conditions are being or will be complied with.

H.

As a condition of rezoning, public dedication of rights-of-way as streets, alleys, public ways, drainage, and public utilities that are reasonably required or related to the effect of the rezoning may be required.

I.

The legislative body may approve a change of zone conditioned upon a schedule for development of the specific use or uses for which rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the legislative body, after notification by certified mail to the owner and applicant who requested the rezoning, shall schedule a public hearing to take administrative action to extend, remove or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.

J.

Upon denial of a zoning change, no further application for substantially the same zoning for the same parcel, or an application for a conditional use permit for substantially the same use for the same parcel shall be filed until a period of one year has passed.

(Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2006-8, § 4; Ord. 2004-56, § 1; Ord. 98-929, § 1; Ord. 97-869, §§ 58, 59; amended during 9-96 supplement; Ord. 89-287, § 1; Ord. 89-249, § 1; Ord. 89-216 (part); Ord. 88-182 (part); Ord. 86-99; Ord. 86-86; prior code § 13.30.2)

17.52.030 - Citizen review process and public hearing.

A.

Every application to amend this title or zoning map shall be considered by the planning and zoning commission at a public hearing.

B.

Adjacent landowners and other potentially affected citizens shall be notified of the public hearing in accordance with the requirements set forth in A.R.S. § 9-462.04. The required notice shall describe the substance of the application.

C.

Adjacent landowners and other potentially affected citizens shall be given the opportunity to express any issues that they may have, prior to the public hearing, by contacting the planning and zoning division representative at the address or number contained in the required notice. The planning and zoning division representative shall make note of the comments received and forward them to the applicant, planning and zoning commission, and city council for consideration at the public hearing. The planning and zoning division representative shall also provide contact information for the applicant upon request.

D.

The public hearing shall be held after a notice of purpose, time, place and date of such hearing has been published fifteen days before the hearing in a newspaper of general circulation and the same notice posted in four designated places in the city. A notice of public hearing shall also be posted on the property requesting the amendment at least fifteen days prior to the hearing.

E.

After the hearing, the planning and zoning commission shall render its decision in the form of a written recommendation to the city council. The recommendation shall include the reasons for the recommendation and be transmitted to the city council in such form and manner as may be specified by the city council.

F.

If the planning and zoning commission has held a public hearing, the city council may adopt the recommendations of the planning and zoning commission without holding a second public hearing if there is no objection, request for public hearing, or other protest.

G.

The city council shall hold a public hearing if requested by the party aggrieved or any member of the public or the city council, or in any case, if no public hearing has been held by the planning and zoning commission.

H.

Notice of the time and place of the hearing shall be given in the manner provided for the giving of notice of the hearing by the planning and zoning commission, as specified in this section.

I.

If the owners of twenty percent or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property file a protest in writing against a proposed amendment, the change shall not become effective, except by the favorable vote of three fourths of all members of the city council. For purposes of this subsection, the vote shall be rounded to the nearest whole number. "Zoning area" means both of the following: 1) the area within one hundred fifty feet, including all rights-of-way, of the affected property subject to the proposed amendment or change; 2) the area of the proposed amendment or change.

J.

If any members of the city 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 questions shall be three fourths of the remaining membership of the city council, provided that such required number of votes shall in no event be less than a majority of the full membership of the city council. For purposes of this subsection, the vote shall be rounded to the nearest whole number.

(Ord. No. 2017-12, § 1, 9-19-2017; Ord. 2000-1052 § 1: Ord. 88-182 (part): prior code § 13.30.3)

17.52.040 - Extensions of time.

A.

Approval of the zoning map change is valid for the period established within the schedule of development attached to the approval. It is presumed that such period shall not exceed two years unless unusual circumstances are associated with the development. If at the expiration of the established period of time, the property has not been improved for the use for which it was conditionally approved, the legislative body, after notification by certified mail to the owner and applicant who requested the rezoning, shall schedule a public hearing to take administrative action to extend, remove, or determine compliance with the schedule of development, or take legislative action to cause the property to revert to its former zoning classification. The criteria listed in this subsection shall be used to evaluate the property that has not been improved for the use for which it was conditionally approved:

1.

The number of previous requests for an extension of time;

2.

The progressive submission of additional required information to the development services department or other relevant agencies, within the year prior to the request for additional time and documentation of the same. Further, the submittals shall not be more than one year apart;

3.

Demonstrative progress towards achievement of goals necessary to complete the project, such as engineering, grading, installation of utilities or other infrastructure. Market studies and surveys are not included in these criteria;

4.

Status of the payments to any applicable improvement district and a copy of the most recent payment;

5.

Payment of any sewer hook-up fees and documentation of the same.

B.

In order to receive consideration of a request for an extension of time, the applicant or his/her designated representative shall attend the meetings of the appropriate planning and zoning commission and city council. The request may be postponed or denied if the applicant or representative is not present.

C.

The city shall evaluate the property for compliance with the current general plan for the city of Bullhead City. If the property is no longer in compliance with the plan, compliance shall be required prior to the approval of any future submittals necessary to move the use forward.

(Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2002-45, § 2; Ord. 93-559, § 3)