Casa Grande City Zoning Code
CHAPTER 17
68 ADMINISTRATIVE PROCEDURES
17.68.010 Requirements.
A. All developments within the city, except individual single-family dwelling units, accessory dwelling units, and duplex residential units sited on an individual lot, shall be required to obtain site approval pursuant to the provisions of this article.
B. All sites subject to site plan review shall comply with the landscape standards of Article VI of Chapter 17.52.
C. No building permit shall be issued, nor site work started, except for at-risk submittals for (1) preliminary grading work, (2) preliminary drainage work or (3) infrastructure until a site plan has been approved.
(Ord. 3478 § 1, 2025)
17.68.030 Application for site plan review.
Applications for site plan review shall be on a form provided by the Director. In addition to all materials required in the application, the application shall also be accompanied by plans and technical reports containing sufficient information to determine whether the proposed development will meet the development requirements of the city. The application shall also be accompanied by the application fee in effect at the time of the application as set forth in the city's consolidated fee schedule pursuant to Section 1.04.170, as amended from time to time.
(Ord. 3478 § 1, 2025)
17.68.050 Public notice.
(Ord. 3478 § 1, 2025)
17.68.070 Site plan review - Process.
A. Applications for site plan, shall be evaluated based on the following criteria:
1. Relationship of the site plan to surrounding land uses;
2. Conformance to the city's zoning ordinance and other applicable land development regulations;
3. Conformance to the city's general plan;
4. The impact of the plan on the existing and anticipated traffic and parking conditions;
5. The adequacy of the site to accommodate the intended use and all required site improvements.
B. Applications for a site plan – review process.
1. Site plans shall be processed administratively as follows:
a. If the Director determines that the proposed site plan complies with the review criteria of Section 17.68.070.A, the site plan shall be approved. Said approval may include such conditions as the Director deems necessary.
(Ord. 3478 § 1, 2025)
17.68.080 Duration of site plan approval.
A. Site plan approval shall be valid for three years from its date of approval. An additional one-year extension may be granted by the Director with a finding of good cause. If a building permit is not issued prior to site plan expiration, a new site plan approval shall be necessary.
B. Site plan approvals that involve multiple buildings, in a phased project, shall be valid for five years. An additional one-year extension may be granted by the Director with a finding of good cause. If a building permit is not issued prior to site plan expiration a new site plan approval shall be necessary. (Ord. 3478 § 1, 2025)
17.68.090 Procedure for amendment to site plans.
A. Any application for amendment or modification to an approved site plan shall be submitted for approval in accordance with the application process set forth in Section 17.68.030.
B. Amendments to site plans shall be classified as either minor amendments or major amendments, which shall be processed as follows:
1. Minor amendments may be approved administratively by the Director upon finding that the amended site plan is in substantial compliance with the originally approved site plan. If it is determined that the amended site plan is not in substantial compliance with the originally approved site plan, the application shall be processed as a major amendment.
2. Major amendments shall be processed as a new site plan application and Applicant shall provide all information required in accordance with Section 17.68.030 and the application shall also be accompanied by the major amendment application fee in effect at the time of the application as set forth in the city's consolidated fee schedule pursuant to Section 1.04.170, as amended from time to time. Major amendments shall be reviewed in accordance with Section 17.68.070.
(Ord. 3478 § 1, 2025)
17.68.095 Compliance required.
Property subject to an approved site plan shall be developed and maintained in conformance with the approved site plan.
(Ord. 3478 § 1, 2025)
17.68.100 In general.
Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to the issuance of the permit and periodic review may be required. The permit shall be granted for a particular use and not for a particular person or firm. No conditional use permit shall be granted for a use which is not specifically designed as such in this chapter.
(Ord. 3478 § 1, 2025)
17.68.110 Application required.
Applications for conditional use permits shall be on a form provided by the Director. The application shall be accompanied by plans and technical reports containing sufficient information to determine whether the proposed conditional use will meet the development requirements of the city. The application shall also be accompanied by the application fee in effect at the time of the application as set forth in the city's consolidated fee schedule pursuant to Section 1.04.170, as amended from time to time. Applications for conditional use permits that include the construction of new buildings or structures and/or site modifications shall be accompanied by a site plan application in accordance with Section 17.68.030.
(Ord. 3478 § 1, 2025)
17.68.120 Review process.
A. Applications for conditional use permits shall be evaluated by the Commission for conformance with the following:
1. That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate;
2. That the site for the proposed use has street access adequate to carry the quantity and kind of traffic generated by the proposed use;
3. That the proposed use will have no significant adverse impact upon the abutting property;
4. That the proposed use shall be in conformance with the General Plan and zoning code.
B. Commission review process.
1. Conditional use permits require review and action by the Commission. The Commission's review process shall be as follows:
b. The Commission shall hold a public hearing and consider oral or written statements from the applicant, the public, its members, and city staff.
c. If the Commission determines that the conditional use permit application complies with the review criteria of Section 17.68.120.A, the Commission may grant approval, by resolution. The approval and resolution shall impose the conditions in Section 17.68.120.C, shall impose any mandatory conditions in Section 17.68.120.D, and may impose other conditions as the Commission deems necessary. The Commission may also deny or table the application as set forth in Section 17.68.120.E.
C. Conditions of approval.
1. The following standard conditions shall be imposed upon each approved conditional use permit:
a. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure;
b. All of the conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his successors or assigns;
c. All conditions specifically stated under any conditional use listed in this chapter shall apply and be adhered to by the owner of the land, his successors or assigns;
d. All of the special conditions shall be consented to in writing by the owner which may be satisfied by signing the resolution.
e. The resolution granting the conditional use permit, reflecting the owner's consent, shall be recorded with the County Recorder's Office.
2. The Commission shall have the authority to impose additional special conditions that are deemed necessary to protect the public health, safety and general welfare. These conditions may include but are not limited to:
a. Regulation of use;
b. Regulation of noise, vibrations, odors;
c. Regulation of hours for certain activities;
d. Time period within which the proposed use shall be developed;
e. Duration of use;
f. Requiring the dedication of access rights.
D. Required conditions for specific conditional uses. The Commission shall, in addition to any other conditions, impose the following conditions upon the following uses:
1. Automobile repair services (major and minor).
a. Site improvements such as buildings or structures (permanent or temporary) shall be separated from any residential zone by at least fifty feet;
b. Parking areas shall be separated from any residential zone by at least fifteen feet;
c. Any outdoor storage of vehicles, boats, parts or accessories shall be in an enclosed area in the rear yard, and shall be screened from view by a six-foot-high opaque wall or fence; and
d. The number of vehicles or boats undergoing repair or that are inoperable which may be stored outside of the building is limited to one vehicle or boat per four hundred square feet of floor area of the repair facility.
2. Automobile washing establishments.
a. Site improvements such as buildings or structures (permanent or temporary) shall be separated from any residential zone by at least fifty feet;
b. Parking areas shall be separated from any residential zone by at least fifteen feet; and
c. All wash-water, disposal facilities including sludge, grit removal and disposal equipment shall be subject to the approval of the city engineer and shall conform with all city ordinances regarding sewage and health and shall be designed so as not to detrimentally affect the city sewer system.
3. Convenience-food restaurants with drive-thru facilities.
a. Site improvements such as buildings or structures (permanent or temporary) shall be separated from any residential zone by at least fifty feet; and
b. Parking areas shall be separated from any residential zone by at least fifteen feet.
4. Convenience store with more than four gas pumps.
a. Pump stands shall be set back not less than twenty-five feet from any street right-or-way, not less than forty feet from any non-street property line, and not less than one hundred feet from any residential district boundary;
b. Site improvements such as buildings or structures (permanent or temporary) shall be separated from any residential zone by at least fifty feet; and
c. Parking areas shall be separated from any residential zone by at least fifteen feet.
5. Day care center.
a. Day care centers involved in the care of minor children shall provide the following:
i. A minimum of fifty square feet of fenced-in play space per child shall be provided;
ii. Fenced-in outdoor play space shall not include driveways, parking areas or land unsuited, by virtue of other usage or natural features, for children's play space; and
iii. At least two hundred fifty square feet of lot area per child shall be provided.
6. Animal hospital, clinic for kennel.
a. Animal runs are required to be completely enclosed in the building.
7. Wireless facilities.
a. The setback requirements shall be thirty-five feet from any property line, plus an additional one foot for every foot of height above thirty-five feet;
b. The structure is to be designed, constructed and/or colored in order to correspond with the aesthetic, view-shed and other characteristics of the area in which they are to be placed;
c. Appropriate landscaping and other screening shall be required along any street frontage;
d. Appropriate measures shall be used to screen any exposed mechanical equipment such as, but not limited to, cables, etc.;
e. Placement of the facility shall be in conformance with any applicable requirements of the city planning, building, fire, and engineering departments;
f. Placement of the facility shall be in conformance with any applicable requirements of the Federal Communications Commission (FCC) and/or the Federal Aviation Administration (FAA); and
g. Where possible, service providers will be encouraged to co-locate (share) their facilities on existing towers.
8. Bed and breakfast establishments.
a. The bed and breakfast establishment must be operator-occupied;
b. The length of guests' stays is limited to fifteen days within any thirty-day period;
c. On-site (off-street), dust-free surfaced parking is to be provided on the lot in the ratio of one space per potential guest room, plus two spaces for the resident operator;
d. Construction and operation of a bed and breakfast establishment shall comply with all applicable City of Casa Grande building, planning, fire and engineering department requirements, plus any requirements of the Pinal County Health Department and state of Arizona; and
e. Detached signs are limited to one per parcel, and shall be a wall-mounted or a low-profile, monument-style sign, not to exceed three feet in height above grade, and not to exceed six square feet in area, designed and constructed to complement building's exterior.
9. Charity dining facilities, homeless shelters and similar services.
a. New facilities and services should be located in a manner that is compatible with area uses;
b. Facilities and services shall be designed in such a way and operated in such a manner which treats all participants with dignity and respect through the provision of a sanitary, healthy and safe environment including rest rooms, drinking water and seating areas;
c. Service providers shall provide a written plan to the city including operational policies and procedures. This plan shall include, as applicable, whether facility is a permanent or temporary location, hours/days of operation, sanitation/health considerations, loitering control, safety provisions and other pertinent information;
d. Shelters offering overnight sleeping facilities shall provide at least thirty square feet of usable open space per each bed. This open space must be enclosed by appropriate screening;
e. Facilities shall contain restrooms meeting requirements set forth in the Building Code;
f. Service providers providing food shall serve such meals within buildings or enclosed areas. When meals are served outside, screening shall be provided that separates the eating area from public view, i.e., wall, fencing, landscaping consistent with existing neighborhood standards;
g. Service providers which frequently have people waiting outside for services shall provide an adequate waiting area which shall be screened from public view, i.e., wall, fencing, landscaping consistent with existing neighborhood standards; and
h. All service providers shall require participants and others to wait or sleep in designated and approved areas.
E. Commission decision.
1. Applications for conditional use permits may be approved, denied, or tabled by motion of the Commission, provided, however, that the application may not be tabled for more than 70 days. The Commission, to approve a conditional use permit, must adopt the Resolution by an affirmative vote of not less than a majority of its membership. An application that is not approved by the Commission is deemed denied. If an application is denied or deemed denied, such denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the Director.
2. If any members of the Commission are unable to vote because of a conflict of interest as defined in the A.R.S. §§ 38-501 et seq., as amended from time to time, then the required number of votes for approval shall be a majority of the remaining membership of the Commission. In the event a majority of members have a conflict of interest, then the provisions of A.R.S. § 38-508(B) shall apply.
F. Notification of Commission action. The statement of legal action taken by the Commission shall be posted on the city website within three business days of its action. If the application has been granted, the conditional use permit resolution shall be issued upon the signatures of the owner, the chairperson of the Commission, and the Director.
G. Appeals.
1. A written appeal of the Commission's decision on a conditional use permit may be filed by the applicant or by any person, firm, corporation, group or association aggrieved or affected by the decision of the Commission that owns real property located within three hundred feet of the property subject to the conditional use application.
2. The appeal shall be filed with the Director and on a form provided by the Director within ten days from the date of action by the Commission.
3. The appeal shall specifically state the grounds therefore, including specifically alleging how the Commission failed to conform to the requirements of these regulations, and shall also demonstrate how the appellee has been aggrieved or affected by the actions of the Commission.
4. The Director shall inspect the appeal for defects and validate the appeal within two full business days of receipt. If the appeal is deemed defective in any manner, the Director shall send notice to applicant of the fact and the type and nature of the defect or defects within one business day of making said determination. An appeal not deemed defective within the timelines set forth herein shall be considered a perfected appeal.
5. The Director shall schedule all perfected appeals for Council consideration at the next available meeting occurring no later than 45 days from the date of receipt of a perfected appeal.
6. Notice of the appeal hearing shall be provided in accordance with the provisions of Section 17.66.020.
7. The Council shall hold an appeal hearing at which it will consider the record, the statements/testimony of the applicant and/or the appellant, and may allow such other testimony as the Council deems appropriate. After such hearing the Council may, by resolution, reverse or affirm, wholly or in part, or may modify any decision, determination or requirement of the Commission, but before doing so, the Council must make a written finding of fact setting forth wherein it has determined the Commission's findings were in error. The Council may take the matter under advisement and/or table the matter for a period not to exceed 70 days.
8. A majority vote of the membership of the Council shall be required to grant in whole or in part any appealed application for conditional use permit. If any members of the Council are unable to vote because of a conflict of interest as defined in A.R.S. §§ 38-501 et seq., as amended from time to time, then the required number of votes for approval shall be a majority of the remaining membership of the Council. In the event a majority of members have a conflict of interest, then the provisions of A.R.S. § 38-508(B) shall apply. An appeal failing to gain the required vote shall be deemed denied.
(Ord. 3478 § 1, 2025)
17.68.160 Violation.
Noncompliance with the conditions of a conditional use permit shall constitute a violation of this chapter and shall be subject to the regulations of Chapter 17.72 of this title.
(Ord. 3478 § 1, 2025)
17.68.170 Modification.
Except for such minor amendments as set forth in Section 17.68.090.B.1, no structure, facility, or site improvement approved in connection with a conditional use permit may be modified, enlarged, or expanded, nor may any use of the property be amended, without obtaining a modification to the conditional use permit. An application for modification shall be processed as a new conditional use permit application.
(Ord. 3478 § 1, 2025)
17.68.180 General.
A home occupation is an accessory use so located and conducted that it has no significant adverse impact on the neighborhood. The standards for home occupations in this chapter are intended to ensure reasonable compatibility with the residential character of the neighborhood.
(Ord. 3478 § 1, 2025)
17.68.185 Home occupation in historic landmark buildings.
A home occupation permit may be approved for a local historic landmark to allow a use that does not meet all of the conditions of Section 17.68.195, provided a conditional use permit is granted per the procedures as outlined in Article II of this chapter. Such use must first be reviewed and favorably recommended by the historic preservation commission prior to consideration by the Commission.
(Ord. 3478 § 1, 2025)
17.68.190 Home occupation permit required.
No home occupation may be conducted prior to obtaining a home occupation permit. Applications for home occupations shall be made on an application form provided by the Director. The application shall be accompanied by an appropriate fee as set for in the city's consolidated fee schedule pursuant to Section 1.04.170, as amended from time to time, and shall contain sufficient information to determine whether the proposed home occupation will meet the requirements of this article.
(Ord. 3478 § 1, 2025)
17.68.195 Terms and conditions.
A. Home occupations shall only be allowed if the following terms and conditions are met:
1. It is operated by one or more persons, all of whom reside within the dwelling unit, and where no persons are employed in the home occupation other than residents;
2. Home occupations shall be limited to an area that is no greater than twenty-five percent of the gross floor area of one floor of the residence;
3. The use shall not involve interior nor exterior alterations, other than those that would be typically associated with a single-family residential use;
4. No home occupation shall cause an increase in the use of any one or more utilities (water, sewer, garbage, etc.) that exceeds the average for residences in the neighborhood;
5. There shall be no outside storage of any kind related to the home occupation;
6. The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time;
7. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists; and
8. Signage is limited to one wall sign with a maximum size of two square feet.
(Ord. 3478 § 1, 2025)
17.68.200 Prohibited uses.
A. Any use not meeting the requirements of this article shall be prohibited. Additionally, none of the following uses, due to their potential to rapidly increase beyond the limits permitted for home occupations and to have a significant adverse impact upon the surrounding residential area shall be prohibited:
1. Vehicle repair services;
2. Painting of vehicles;
3. Carpentry work;
4. Private schools with organized classes with multiple students;
5. Personal training for more than one client at a time;
6. Hair/nail salon with more than one station.
(Ord. 3478 § 1, 2025)
17.68.205 Complaints cause for termination when.
Complaints by citizens or residents may be cause for termination of the home occupation. Upon receipt of a complaint, a home occupation may be ordered terminated by the Director upon a finding that the home occupation is incompatible or disruptive to the neighborhood in which it is located.
(Ord. 3478 § 1, 2025)
17.68.210 Appeals.
Any person may appeal the Director's action on a home occupation permit to the Board within fifteen days as per Article VI of this chapter.
(Ord. 3478 § 1, 2025)
17.68.215 In general.
A. Uses permitted subject to special temporary use permit are those temporary uses which are required for the proper function of the community, or are temporarily required in the process of establishing a permitted use or constructing a public facility. Such uses shall be so conducted that they will not have a significant adverse impact to the surrounding properties or to the community as a whole. Uses permitted subject to a special temporary use permit may include:
1. Retail sales associated with holidays (i.e., Christmas; Valentines Day; Halloween; 4th of July, etc.);
2. Carnivals, circuses, or other similar special events – not to exceed ten days;
3. Outside vendor retail sales – not to exceed ten days;
4. Special retail sales in conjunction with an existing Casa Grande business – not to exceed ten days;
5. Parking and storage of earth moving or construction equipment or materials associated with a permitted development, subdivision, or construction project;
6. Tent revival meetings;
7. Model homes, lot leasing office, or lot sales office;
8. Agricultural sales;
9. Clothing/goods donation drop-off boxes;
10. Mobile food vendor on private property;
11. Temporary food booth;
12. Promotional signs (four times per year for a maximum of fourteen days);
13. Such other uses that the Director finds are of similar nature, scope and impact as the uses listed in Section 17.68.215; and
14. Other uses not listed in Section 17.68.215 that the Board determines, via resolution, to be within the intent and purpose of this section.
(Ord. 3478 § 1, 2025)
17.68.220 Temporary agricultural activity in certain zones.
A. In addition to the temporary uses allowed in Section 17.68.215, the growing of field crops and raising of livestock shall be an allowable temporary use for properties zoned I-1, I-2, or PAD, provided the application meets all the following requirements:
1. The property contains a minimum of 40 acres;
2. Subject property has not been residentially subdivided by a final plat;
3. The permit may be granted for any period of time not to exceed five years;
4. The application must address methods of dust mitigation, using best management practices consistent with all local, state, and federal law or regulations;
5. The application must be found to not have a significant adverse impact upon surrounding properties;
6. Provision of irrigation water to subject property must not create conflicts with, or increase the cost of, future public infrastructure, including, but not limited to, street and sidewalk extensions;
7. Any application of pesticides or other regulated materials shall follow all applicable local, state, and federal laws or regulations.
8. Any permit being requested under this section shall require a public hearing. Public notice of the public hearing shall consist of the following:
a. A notice of time, date, place, and purpose of the hearing shall be published in a newspaper of general circulation that is published or circulated within the city at least fifteen days prior to the date of the hearing; and
b. If the subject property is within five hundred feet of a residential structure, as measured from property line to property line, a notice of time, date, place, and purpose of the hearing shall be mailed to all property owners within one thousand feet of the subject property. For all other subject properties, the notice shall be mailed to all property owners within three hundred feet of the subject property.
c. The permit may be revoked by the Director for violation of any provision of this chapter or for any violation of the requirements of the permit. If a permit is revoked by the Director, the applicant shall have the right to appeal the Director's decision to the Board of adjustment per the process outlined in Section 17.68.350.
(Ord. 3478 § 1, 2025)
17.68.225 Application and filing fee.
Application for a special temporary use permit may be made by the property owner or his authorized agent. The application shall be filed with the zoning administrator who shall charge and collect a filing fee for each application, as provided in Section 17.72.080 of this title, except that the filing fee may be waived by the zoning administrator for charitable, religious, patriotic or philanthropic organizations. The zoning administrator may also require any information deemed necessary to support the approval of a special temporary use permit including site plans as per Section 17.68.030 of this title.
(Ord. 3478 § 1, 2025)
17.68.230 Decision.
No temporary use may be conducted prior to obtaining a temporary use permit. Applications for temporary use permits shall be made on an application form provided by the Director. The application shall be accompanied by the fee as set forth in the city's consolidated fee schedule pursuant to Section 1.04.170, as amended from time to time, and shall contain sufficient information to determine whether the proposed use will meet the requirements of this article. An application for a temporary use permit shall be reviewed by the Director, who shall approve, conditionally approve, or disapprove such application, except when an application for a temporary use permit requires a public hearing pursuant to Section 17.68.220. Approval or conditional approval shall be given only when, in the judgment of the Director, such approval is within the intent and purposes of this section. If an application for a special temporary use permit requires a public hearing pursuant to Section 17.68.215, the Director shall place the application on a future Board agenda for a public hearing. After said public hearing, the Board shall approve, conditionally approve, or disapprove of such application.
(Ord. 3478 § 1, 2025)
17.68.240 Approval made subject to conditions.
A. The Director may subject temporary use permits to a time limit and other conditions deemed necessary to ensure that there will be no significant adverse impact upon adjacent properties. The conditions may include, but are not limited to, the following:
1. Requirement to obtain property owner's authorization;
2. Regulation of hours;
3. Regulation of the location or zone districts in which the temporary use is allowed;
4. Regulation of signage;
5. Requirement to obtain the approval of other appropriate governmental agencies;
6. Requirement to place the temporary use on a paved or dust-free surface;
7. Provision of parking;
8. Requirement of bonds or other guarantees for cleanup or removal of structure or equipment;
9. Such other conditions deemed necessary to carry out the intent and purpose of this article.
(Ord. 3478 § 1, 2025)
17.68.250 In general.
Any development proposal which meets the requirements of Chapter 17.40 shall be reviewed according to the provisions of this article. All P.A.D. applications, except minor amendments to the P.A.D., shall be reviewed and approved by the Commission and Council prior to any physical development on the subject property, except for at-risk work allowed pursuant to Section 17.68.010.C.
(Ord. 3478 § 1, 2025)
17.68.260 Application requirements.
A. The applicant is required to hold a pre-application meeting with the Director prior to making application for P.A.D. approval to discuss the development concept, the review and approval process, and the submittal requirements.
B. Applications for P.A.D.s shall be on a form provided by the Director. The application shall be accompanied by plans and technical reports containing sufficient information as set forth in Section 17.68.280 to determine whether the proposed development will meet the development requirements of the city. The application shall also be accompanied by the application fee in effect at the time of the application as set forth in the city's consolidated fee schedule pursuant to Section 1.04.170, as amended from time to time.
(Ord. 3478 § 1, 2025)
17.68.270 Concept plan submittal requirements.
The development plan shall be submitted for approval to the Director and shall indicate proposed land uses, general circulation patterns, property boundaries, existing land uses on adjacent properties, special site conditions or problems. A computation table showing proposed land use allocations in acres and percent of total site area shall be included on the development plan. Director shall approve the development plan prior to the P.A.D. guide submittal pursuant to Section 17.68.280.
17.68.280 P.A.D. guide.
Based upon comments received during the pre-application stage, the applicant shall prepare a P.A.D. guide. Said P.A.D. guide shall contain the information required by the application, as well as all of the following:
A. Legal description of property and indication of gross area;
B. Contact information for the property owner, applicant and design team(s);
C. A generalized location map showing surrounding land use and traffic circulation patterns;
D. Utility plans indicating the approximate alignment and sizing of water lines, sanitary sewers, and storm sewers (if any), as well as easements for all utilities, if necessary;
E. Site conditions – an analysis of the existing site conditions which indicate at a minimum:
1. Location and extent of major vegetative cover (if any);
2. Location and extent of perennial or intermittent streams and water ponding areas;
3. Existing drainage patterns.
F. Land use plan indicating:
1. Location, acreage, and development densities of each land use area;
2. If the land use plan has areas designated for different land uses or different densities (i.e., single-family at 3 du/acre; single-family at 4.5 du/acre; multi-family; commercial) the boundary and acreage of each area shall be dimensioned;
3. Arterial and collector street circulation elements, both existing and proposed;
4. Proposed street/drive access points onto both existing and proposed arterial and collector streets;
5. Pedestrian and/or bicycle circulation elements.
G. Conceptual architectural renderings indicating the elevations and exterior wall finishes of proposed building types;
H. Development standards, including:
1. Building height;
2. Building setbacks;
3. Parking standards;
4. Landscape standards;
5. Fence/wall requirements;
6. Signage standards;
7. Right of way standards for all streets;
8. Road/street construction standards;
9. Open space/recreational area standards;
10. Floor area ratio for commercial and/or industrial areas.
I. Conceptual landscaping plans, indicating landscaping theme character of the development;
J. A traffic analysis report, if deemed necessary by the city;
K. Phasing plan, if development is to take more than one year.
(Ord. 3478 § 1, 2025)
17.68.290 Public notice and Commission review.
B. Review.
1. In considering applications for P.A.D. approval, the Commission shall consider the following:
a. Relationship of the plan to surrounding land uses;
b. Conformance to the city's general plan;
c. Conformance with the provisions of Title 17, including but not limited to Chapter 17.40, and other applicable land development regulations;
d. The impact of the plan on the existing and anticipated traffic;
e. Pedestrian and vehicular ingress and egress, including handicapped accessibility;
f. Architectural design;
g. Landscaping;
h. Provisions for utilities;
i. Site drainage;
j. Open space and/or public land dedications;
k. Grading;
l. Other related matters.
C. Public hearing. After providing the required notice, the Commission shall hold a public hearing on the P.A.D. application. During the public hearing the Commission shall consider oral or written statements from the applicant, the public, its members, and city staff. The Commission may forward a recommendation of approval (pursuant to Section 17.68.290.D), deny, or table the application. The application may not be tabled for more than 70 days.
D. Forwarding a recommendation to Council.
1. If the Commission determines by motion that the proposed P.A.D. conforms with the requirements of Section 17.68.290.B, the Commission may forward a recommendation of approval to Council. Said recommendation may include necessary conditions and safeguards, including provisions, as applicable, for public land dedications. An application that does not receive a favorable recommendation to Council is deemed denied.
2. The Commission shall notify the Council, in writing, of its recommendation. Said notification may be via the transmittal of a request for council action (RCA) and/or via the minutes of the Planning Commission meeting.
(Ord. 3478 § 1, 2025)
17.68.300 Hearing and decision by Council.
A. Hearing.
1. The Council shall, after receiving a recommendation of approval from the Commission, consider the P.A.D. and hold a public hearing on the request. A P.A.D. which has been denied by the Commission shall not be reviewed by Council except upon written request by the applicant. Such written request must be made to the Director within 30 days of the Commission's decision. Notice of the time and place of the public hearing shall be given in accordance with the requirements of Section 17.66.020. During any public hearing on the matter, the Council may consider oral or written statements from the applicant, city staff, the public, and its own members.
B. Review.
1. The Council may approve any P.A.D. zoning request by ordinance, deny the request, or table the request. If Council tables an application, it may only do so for a maximum of 75 days unless more time is requested, and consented to, by the applicant.
C. Public protests against P.A.D. Public protest against a P.A.D. zoning scheduled to be considered by Council shall be in conformance with the provisions of Section 17.68.540.
D. Approval. If approved, the Director shall revise the official zoning map accordingly.
E. Disapproval. If the application is denied there may be no reapplication for the same site for a period of 90 days.
(Ord. 3478 § 1, 2025)
17.68.330 Amendments to approved P.A.D. zoning.
A. Minor amendments.
1. Minor changes in the location and placement of buildings shall be classified as minor amendments and may be authorized by the Director where unforeseen circumstances such as engineering requirements dictate such change.
B. Major amendments.
1. All amendments not considered minor amendments as set forth in Section 17.68.330.A shall be considered a major amendment. All major amendments shall be submitted to the Commission for its review and approval in accordance under this article; provided, however, any of the following revisions shall be considered major amendments which require both Commission and Council review and approval in accordance with the procedures set forth in this article:
a. Increasing the acreage of any specific land use area;
b. Changes to the proposed arterial or collector roadway transportation circulation system, including required dedications, alignment, and access;
c. Reduction of open space;
d. Increase in residential density;
e. The addition of cluster type development;
f. Reduction of setbacks;
g. Increase in allowable building height;
h. A large single retail use or large multiple use shopping centers.
(Ord. 3478 § 1, 2025)
17.68.350 Appeal authority.
The Board shall have the authority to hear the following appeals:
A. Appeals to the Board may be taken by persons aggrieved or by any officer, department, board or bureau of the city affected by a decision of the Director by filing with the Director and with the Board a notice of appeal specifying the grounds of the appeal on a form provided by the Director.
B. Appeals from any person aggrieved by the city's decision regarding dedications or exactions.
C. Appeals of notices and orders issued for city code violations.
D. Appeals of code enforcement abatement actions and/or abatement assessments in accordance with Section 8.12.360.
(Ord. 3478 § 1, 2025)
17.68.355 Appeal application.
To be considered timely, an appeal application shall be submitted within thirty days of the decision being appealed or such shorter time as may be set forth in this title. Appeals filed beyond this date shall not be accepted or transmitted to the Board. The appeal application shall contain information as may be required for the Board to make a proper decision on the matter. The Director shall immediately transmit to the Board the complete record of the action for which a timely appeal is made.
(Ord. 3478 § 1, 2025)
17.68.360 Stay of proceedings when.
An appeal to the Board shall stay all proceedings of the action appealed; unless the officer from whom the appeal is taken certifies to the Board that, by reason of facts stated in the certificate of stay, the stay would, in his or her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by a restraining order granted by the superior court on notice to the Director, with due cause shown.
(Ord. 3478 § 1, 2025)
17.68.370 Notice required.
17.68.380 Board action on appeals.
A. Within forty-five days of the date of application, unless a postponement of no longer than 30 days is requested by the property owner, but no sooner than fifteen days from the date of public notice, the Board shall hear arguments relating to the appeal of the decision in question. The Board shall consider oral or written statements from city staff, the appellant, his/her agent or attorney, and the public. The Board shall also study the record of the action from which the appeal is taken.
B. In determining appeals related to the administration of the requirements of this title, code violations or abatement procedures, the Board shall determine:
1. Whether there has been an error in the interpretation and/or administration of the specific provision(s) of city code that are applicable to the appeal; and
2. In the case of appeals of abatement actions, whether the costs being assessed for the abatement are excessive.
C. In determining appeals related to required exactions and dedications, the city will bear the burden of proving that the dedications or exactions to be imposed on a property bear an essential nexus between the requirement and a legitimate governmental interest, and that the proposed dedication or exaction is roughly proportional to the impact of the use, improvement or development proposed by the applicant.
D. The Board may, by a vote of five members of the Board, approve an appeal. If any members of the Board are unable to vote because of a conflict of interest as defined in the A.R.S. §§ 38-501 et seq., as amended from time to time, then the required number of votes for approval shall be a majority of the remaining membership of the Board; provided, however, at least four votes shall be required to approve an appeal. In the event a majority of members have a conflict of interest, then the provisions of A.R.S. § 38-508(B) shall apply. An appeal request that is not approved shall be deemed to be denied. Appeal requests may be tabled by a simple majority of Board members present. Any postponement shall be limited to a maximum of seventy-five days; unless extended with the written permission of the applicant.
E. The Board may impose such conditions and safeguards as it deems necessary to satisfactorily correct the situation in question, but it shall not attempt to infringe upon matters not specifically contained in the appeal.
(Ord. 3478 § 1, 2025)
17.68.390 Notice of board decision.
The Board shall issue a written notice of its decision to the appellant. The notice shall state the facts of the matter as determined by the Board, the reasons for its decision, and any conditions applied to the decision.
(Ord. 3478 § 1, 2025)
17.68.395 Appeal of a decision of the Board.
If the applicant is dissatisfied with any decision of the Board, the applicant may file a complaint with the superior court pursuant to A.R.S. § 9-462.06, as amended from time to time.
(Ord. 3478 § 1, 2025)
17.68.400 Permit required.
No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, demolish or change the occupancy of any building or structure or to erect, install, enlarge, alter, repair, remove, covert or replace and electrical, gas, mechanical or plumbing system, the installation of which is regulated by the adopted building codes, or to cause such work to be done, without first obtaining a building permit as set forth in the adopted Building and Technical Administrative Code of the city (Chapter 15.04), as amended from time to time, and paying all applicable fees.
(Ord. 3478 § 1, 2025)
17.68.410 Building permit application.
In order to facilitate the administration of the provisions of this title and the adopted building codes of the city as set forth in Title 15, each application for a building permit shall comply with the requirements as set forth in the adopted Building and Technical Administrative Code of the city, as adopted by Chapter 15.04, as amended from time to time.
(Ord. 3478 § 1, 2025)
17.68.420 Certification of occupancy required prior to certain actions.
In order to facilitate the administration of the provisions of this title and the adopted building codes of the city as set forth in Title 15, each application for a certificate of occupancy shall comply with the requirements as set forth in the adopted Building and Technical Administrative Code of the city, as adopted by Chapter 15.04, as amended from time to time.
(Ord. 3478 § 1, 2025)
17.68.430 In general.
In accordance with the provisions of the Arizona State Statutes, the Council may from time to time adopt amendments to the ordinance codified in this title. An amendment to the ordinance codified in this title may involve changes in its text or wording, including but not limited to changes in the regulations regarding uses, setbacks, heights, lot areas, definitions, administration, and/or procedures. Ordinance amendments do not, however, include rezoning of property. Amendments may be initiated by the Council, the Commission, planning staff, or by petition of a person whose property would be affected by the amendment.
(Ord. 3478 § 1, 2025)
17.68.440 Application requirements.
If an individual or other party initiates a request for an amendment to the ordinance codified in this title, the request must be made on a form provided by the Director. The request must state the exact section of the ordinance proposed for amendment, the proposed substitute wording, and the reasons for requesting the amendment. Graphic material should also be submitted if it will assist in understanding the benefits of the amendment. The submittal must be made to the Director and the processing fee paid at least thirty days prior to the date of public hearing by the Commission.
(Ord. 3478 § 1, 2025)
17.68.450 Notice of hearing.
No amendment to the ordinance codified in this title shall be adopted until public hearings have been noticed and held thereon by the Commission and the Council. Notice of the hearings shall be in accordance with the provisions of Section 17.66.020.
(Ord. 3478 § 1, 2025)
17.68.460 Hearing and recommendation by Commission.
An amendment not initiated by the Commission shall be referred to the Commission for study and public hearing. In its deliberations on the matter, the Commission shall consider oral and written statements from the applicant, the public, city staff, and its own members. The Commission may forward a favorable recommendation to Council, deny, or table an amendment application for a period not to exceed 70 days. Any application that does not receive a favorable recommendation to Council shall be deemed denied. The Commission shall notify the Council, in writing, of its recommendation within sixty days of the public hearing. Transmittal of the minutes to Council shall satisfy this requirement.
(Ord. 3478 § 1, 2025)
17.68.470 Hearing and decision by Council.
The Council, after receipt of the report and recommendation of the Commission, shall set a date for a public hearing on the amendment request. The notice for said hearing shall be in conformance with the provisions of Section 17.66.020. An amendment which has been recommended denied by the Commission shall not be reviewed by the Council except upon the written request of the applicant. Said written request shall be delivered to the Director within thirty days of the Commission hearing. In its deliberations on the matter, the Council shall consider oral or written statements from the applicant, the public, city staff members, and its own members. The Council may approve the request by ordinance, deny the request, or table the request.
(Ord. 3478 § 1, 2025)
17.68.480 In general.
In accordance with the provisions of the Arizona Revised Statutes, the Council may from time to time change the zoning of parcels of land within the municipality and/or the zoning code regulations of general applicability. These changes in zoning classification are for the purpose of meeting the land use needs of the residents of the city in conformance with the city's general plan. Rezoning may be initiated by the Council, the Commission, the City Manager or the owner of the property, or the owner's agent as duly authorized in writing, proposed for rezoning.
(Ord. 3478 § 1, 2025)
17.68.490 Application requirements.
An application for rezoning shall be made on a form provided by the Director. The application shall be accompanied by plans and technical reports containing sufficient information to determine whether the proposed zone change request will meet the development requirements of the city. The application shall also be accompanied by the application fee in effect at the time of the application as set forth in the city's consolidated fee schedule pursuant to Section 1.04.170, as amended from time to time.
(Ord. 3478 § 1, 2025)
17.68.500 Application processing.
A. Completeness review.
1. Within ten business days of the submittal of a rezoning application, city shall determine if said application is administratively complete. An application will be determined to be administratively complete if it contains all of the required submittal requirements set forth within the rezoning application form.
2. Within ten business days of submittal, the applicant will be notified in writing as to whether the application has been determined to be administratively complete or determined not to be administratively complete. If an application has been determined to not be administratively complete, the applicant shall be notified in writing of the specific deficiencies of the application that need to be addressed prior to passing completeness review and upon re-submittal of the zoning application, the city shall, within ten business days, determine whether the re-submittal is administratively complete.
B. Staff review. Upon a determination that a rezoning application is administratively complete, it shall be reviewed by city staff for compliance with the general plan and other relevant city codes. Once an application has undergone staff review, it shall be scheduled for a public hearing and consideration by the Commission.
C. Hearing and recommendation by the Commission. All rezoning applications shall be referred to the Commission for study and public hearing. All notice for rezoning applications and hearings shall be in conformance with the provisions of Section 17.66.020. In its deliberations on the matter, the Commission shall consider oral or written statements from the applicant, the public, city staff, and its own members. The Commission may recommend approval to Council, deny, or table the rezoning application. If an application fails to receive a vote of recommendation of approval from a majority of the members present at the meeting, it shall be deemed denied. If the Commission tables an application, it may only do so for a maximum of 75 days unless more time is requested, and consented to, and the time limits in Section 17.68.500.E are waived, by the applicant. The Commission shall notify the Council in writing of its recommendation, which may be via a request for council action or may be via the transmission of the Commission meeting minutes to Council.
D. Hearing and decision by Council.
1. Council shall, after receiving a recommendation of approval from the Commission, consider the rezoning request and hold a public hearing on the request. Notice shall be in conformance with the provisions of Section 17.66.020. A rezoning which has been denied by the Commission shall not be reviewed by Council except upon written request by the applicant. Such written request must be made to the Director within 30 days of the Commission's decision. During any public hearing on the matter, the Council shall consider oral or written statements from the applicant, city staff, the public and its own members.
2. Council may approve any request for rezoning by ordinance, deny the request, or table the request. If Council tables an application, it may only do so for a maximum of 75 days unless more time is requested and consented to, and the time limits in Section 17.68.500.E are waived, by the applicant.
3. If approved, the Director shall revise the official zoning map accordingly. If the application is denied there may be no reapplication for the same site for a period of 90 days.
E. Application processing timeframe.
1. Rezoning applications shall be approved or denied within 180 days from the date of being determined to be administratively complete. The city may extend the time frame to approve or deny the rezoning application beyond the 180-day time limit for either of the following reasons:
a. For extenuating circumstances, the City Manager may grant a one-time extension of not more than thirty days.
b. If an applicant requests an extension, the City Manager may grant extensions of thirty days for each extension granted.
2. The 180-day time limit does not apply to:
a. Property that is located within a designated historic district or is classified as a historical landmark.
b. PAD zoning applications.
(Ord. 3478 § 1, 2025)
17.68.510 Housing statement.
Before adopting any zoning, rezoning, or zoning ordinance text amendment of general applicability, Council shall consider a housing impact statement regarding the impact of the zoning, rezoning, or zoning ordinance text amendment that shall include:
A. A general estimate of the probable impact of the average cost to construct housing for sale or rent within the zoning districts to which the zoning ordinance or text amendment applies.
B. A description of any data or reference material on which the proposed zoning ordinance or text amendment is based.
C. A description of any less costly or less restrictive alternative methods of achieving the proposed zoning ordinance or text amendment.
(Ord. 3478 § 1, 2025)
17.68.540 Public protest against rezoning application.
A. 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, excluding government-owned property, file a protest in writing against a proposed zone change or text amendment, the change shall not become effective except by the favorable vote of three-fourths of all of the members of the Council.
B. If any members of Council are unable to vote on such a question because of conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the Council, if such required number of votes is not less than a majority of the full membership of the Council.
C. A protest filed pursuant to this section shall be signed by the property owners, excluding government-owned property, opposing the proposed rezoning or text amendment and filed with the City Clerk no later than five business days before the date on which the Council is scheduled to hear the proposed rezoning application.
D. For the purposes of this section, "zoning area" shall mean both of the following:
1. The area within 150 feet, including all rights of way, of the affected property subject to the rezoning request.
2. The area of the proposed rezoning request.
(Ord. 3478 § 1, 2025)
17.68.550 Right-of-way dedication as condition when.
The Commission may recommend, and Council may require as a condition to the change of zone, the dedication of right-of-way necessary for roadways as prescribed by the planned roadway network contained in the city's general plan, as well as dedication of land for future roadway construction that is not included in the circulation plan of the general plan if it is deemed to be in the best interest of the city.
(Ord. 3478 § 1, 2025)
17.68.560 Definitions.
In this article, unless the context otherwise requires:
A. "Construction permits" or "building permits" mean those permits issued for the construction of the project, such as but not limited to, infrastructure improvements, building foundations, buildings, paving of vehicular use areas, or similar types of improvements related to the construction and implementation of the project. Permits for (a) clearing, grubbing, and grading of a site; (b) construction of a section of sidewalk; (c) installation of screening; (d) paving of an access driveway but not the parking associated with use; or (e) any similar type of work are not included in the definition of construction permits or building permits for purposes of this article, unless specifically stated otherwise by this article or the process requiring the applicability of this article.
B. "Landowner" means any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and personal representative of the owner, or a representative authorized by a landowner to submit to the city a development application for a property for approval.
C. "Property" means all real property subject to zoning regulations and restrictions by the city.
D. "Protected development right" means the right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan and this article, without compliance with subsequent changes in zoning regulations and development standards during the term of the protected development right, except as provided by A.R.S. § 9-1204 and this article.
F. "Protected development right plan" means a plan identified as a protected development right plan at the time of the landowner's submission, that, if approved by the Council, grants to the landowner a protected development right to undertake and complete the development and use of the property as shown thereon for a specified period of time. A protected development right plan, at a minimum, shall describe with a reasonable degree of certainty all of the following:
1. The proposed uses of the site;
2. The boundaries of the site;
3. Significant topographical and other natural features affecting development of the site;
4. The number of dwelling units or other structures; and
5. The location of all existing and proposed utilities and a provision for other infrastructure on the site, including water, sewers, roads and pedestrian walkways.
G. "Non-phased protected development right plan" means a protected development right plan which, at a minimum, shall describe with a reasonable degree of certainty all of the elements of a protected development right plan as set forth in Subsection F, above, as well as all of the following:
1. The requirements for final site development approval and for issuance of a building permit.
2. The general location on the site of the proposed buildings, structures and other improvements.
3. The square footage and height of the proposed buildings and other structures.
A final subdivision plat that meets the requirements of Chapter 16.12 of the Casa Grande Municipal Code and A.R.S. § 9-463.01 and was identified and submitted by the landowner for approval through the process established in this article shall be a non-phased protected development right plan.
H. "Phased protected development right plan" means a protected development right plan for a planned area development in conformance with Section 17.68.280, consisting of at least one hundred and sixty (160) acres, and containing the elements articulated in Subsection F above.
(Ord. 3478 § 1, 2025)
17.68.570 Protected development right plan approvals.
A protected development right shall be granted upon approval by the Council of a plan identified at the time it is submitted as a protected development right plan.
(Ord. 3478 § 1, 2025)
17.68.580 Effective date; exceptions.
A. A protected development right shall be deemed established with respect to a property on the effective date of the Council's approval of the protected development right plan.
B. A protected development right plan approved with a condition or stipulation that a variance be obtained does not confer a protected development right until the necessary variance is obtained. Approval of a protected development right plan does not guarantee approval of a variance.
(Ord. 3478 § 1, 2025)
17.68.590 Submission procedures and requirements.
When a protected development plan is required to be processed in accordance with this article, preparation, application, and approval shall be as follows:
A. Phased protected development right plan. A phased protected development right plan shall be submitted to the city in accordance with the PAD plan approval process described in Chapter 17.68, Article V.
B. Non-phased protected development right plan. A non-phased protected development right plan shall be submitted to the city as described for preliminary and final plat approval in Title 16.
C. Council consideration.
1. The Mayor and Council shall consider for approval protected development right plan submitted in accordance with this article and A.R.S. §§ 9-1201 through 1205, inclusive.
2. A protected development right is subject to the terms and conditions imposed by the Council on the protected development right plan approval and nothing in this article is intended to or shall preclude the Council from establishing such terms and conditions.
3. Nothing in this article is intended to or shall preclude the city's other additional requirements for submittal or approval of plans for any land use category or district and such requirements may include, but are not limited to, traffic reports or studies, drainage reports or studies, master street plans, development phasing schedules and phased public infrastructure schedules.
D. Subsequent reviews and approvals. After the approval of a protected development right plan, the plan will be subject to subsequent reviews and approvals by the Council, as set forth in the original resolution of approval, to ensure compliance with the terms and conditions of the original approval.
E. Later detailed plan submittals. The landowner shall submit a more detailed plan for each phase of a phased development in order to obtain final site development approval to develop the property.
(Ord. 3478 § 1, 2025)
17.68.600 Revocation for non-compliance.
The city may revoke, upon notice to the landowner and public hearing, its approval of the protected development right plan for failure to comply with applicable terms and conditions imposed on the approval as well as landowner's failure to submit a more detailed plan for each phase of a phased development for final site development approval.
(Ord. 3478 § 1, 2025)
17.68.610 Duration of protected development right plan.
A. A protected development right established under a protected development right plan is valid for three years for a non-phased development or five years for a phased development.
B. The city may extend for a maximum of two additional years the duration of a protected development right obtained through approval of a protected development right plan, if a longer time period is warranted by all relevant circumstances, including the size, type and phasing of the development on the property, the level of investment of the landowner, economic cycles and market conditions. The decision to extend the time period for a protected development right is in the discretion of the city. However, a protected development right shall not remain established for more than five years for a non-phased development or seven years for a phased development.
C. A protected development right terminates at the end of the applicable period established under this section. 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. On expiration, only principal structures for which footings or foundations have been completed may be finished under the protected development right. On the expiration of a protected development right, development may continue based on a valid building permit and according to standards in effect at that time. An unexpired building permit issued for a property with a protected development right neither expires nor shall be revoked merely because a protected development right expires under the time limitations specified in this section.
(Ord. 3478 § 1, 2025)
17.68.620 Limitation on extent of protected development right.
A protected development right is established only for the specific elements of the development or other specific matters shown on the approved protected development right plan. A protected development right is not established for any elements or other matters, or portions of any elements of the development or other matters not shown on the approved protected development right plan.
(Ord. 3478 § 1, 2025)
17.68.630 Subsequent changes prohibited; exceptions.
A. A protected development right established under this section precludes the enforcement against the property to which the protected development right applies of any adopted legislative or administrative land use regulation or pursuant to an initiated measure that would change, alter, impair, prevent, diminish, delay or otherwise impact the development or use of the property as set forth in an approved protected development right plan, except under any one or more of the following circumstances:
1. With the written consent of the affected landowner.
2. On findings, by ordinance or resolution, and after notice and a public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as approved in the protected development right plan.
3. On findings, by ordinance or resolution, and after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval of the protected development right plan by the city.
4. On the enactment of a state or federal law or regulation that precludes development as approved in the protected development right plan, in which case the governing body of the city, after notice and a hearing, may modify the affected provisions, on a finding that the change in state or federal law has a fundamental effect on the protected development right plan.
B. A protected development right does not preclude the enforcement of a subsequently adopted overlay zoning classification that imposes additional requirements and that does not affect the allowable type or density of use, or ordinances or regulations that are general in nature and that are applicable to all property subject to land use regulation by the city, such as building, fire, plumbing, electrical and mechanical codes.
C. Notwithstanding any other provision of this article, the establishment of a protected development right does not preclude, change or impair the authority of the city to adopt and enforce zoning ordinance provisions governing nonconforming property or uses.
D. This article does not alter or diminish the authority of the city to exercise its eminent domain powers.
(Ord. 3478 § 1, 2025)
17.68.640 Council designation of a plan.
The Council may designate, by ordinance or resolution, a plan as a protected development right plan even if not identified as a protected development right plan at the time of landowner submission. The Council must make a finding on the record that its granting of a protected development right to undertake and complete the development shown on the plan will promote reasonable certainty, stability and fairness in the land use planning and regulatory process and that it will secure the reasonable investment-backed expectations of the landowner.
(Ord. 3478 § 1, 2025)
17.68.650 Waiver may not be a condition of approval.
The city shall not require a landowner to waive a protected development right as a condition of development approval.
(Ord. 3478 § 1, 2025)
17.68.660 Protected development right; exercise; agreements.
A. A protected development right obtained under this article is not a personal right but attaches to and runs with the applicable property. After approval of a protected development right plan, all successors to the original landowner are entitled to exercise the protected development rights.
B. Nothing in this article precludes judicial determination, based on common law principles or statutory provisions, that a vested right exists in a particular case or that a compensable taking has occurred. Except as expressly provided in this article, nothing herein shall be construed to alter the existing common law of vested rights.
C. Nothing in this article shall preclude, change or limit the ability of the city to enter into a development agreement as authorized in A.R.S. § 9-500.05.
(Ord. 3478 § 1, 2025)
17.68.670 Resolution of conflict.
In the event of a conflict between the provisions of this article and A.R.S. §§ 9-1201 through 9-1205, inclusive and as they may be amended, the statutory provisions shall govern.
(Ord. 3478 § 1, 2025)