Clarkdale City Zoning Code

CHAPTER 13

AMENDMENTS

Prior legislation: Prior code 13-1, 13-3.

Section 13-010 Procedure for Amendments

A. Purpose. The Council may, from time to time as public necessity, convenience, general welfare and good zoning practices require, change the boundaries of zone districts or alter the district category on a parcel, hereinafter referred to as zone changes or rezoning and may also amend, change, repeal or supplement the regulations herein established. Zone changes or amendments may be initiated by the Town Council or by the Planning Commission on its own motion or by an application of the owner of any property within the area proposed to be changed or a request can be made by a citizen for an amendment.

B. General Plan Conformance. All amendments which change the boundaries of any zoning district or change the text of the Zoning Ordinance must conform to the adopted General Plan of the Town of Clarkdale. Any rezoning ordinance, if adopted, shall further the implementation of, and not be contrary to, the goals, policies, and applicable elements of the General Plan. A rezoning conforms with the land use element of the General Plan if it proposes land uses, densities, or intensities within the range for the subject property as stated in the General Plan or any amendment thereto.

C. Application Requirements. A request for a zone change shall be made on an application form provided by the Town of Clarkdale. Fees shall be paid for such application according to the adopted schedule for such requests. All applications will be available for public inspection upon submittal to the Community Development Department.

1. Prior to rezoning applications being accepted, an application for a preapplication review meeting shall be submitted by the applicant so that Town staff may provide additional information and outline the process and requirements for the zone change.

2. The following information shall be included with all applications for a zone change amendment.

A proposed zoning exhibit for which the zone change is being requested shall include the following:

a. A draft site plan showing proposed building layout, parking and all proposed construction or modifications to an existing structure. Site plan shall include notation for any proposed dedication of public rights-of-way or drainage areas. Proposed or existing dedicated rights-of-way and proposed zoning boundaries.

b. A narrative of how the requested zone change complies with the Clarkdale General Plan.

c. Completed application form.

d. Meeting notes from the preapplication meeting provided by the Town.

e. Legal description of the property including a record of survey and map exhibit.

f. Copy of property title or statement of letter of authorization from the property owner notarized statement or letter of agency.

g. Proposed citizen participation plan to ensure the applicant pursues early and effective participation from the community regarding the proposed zoning change. A summary of the neighborhood input provided in a citizen participation plan report shall be presented by the applicant to staff a minimum of fifteen (15) days prior to the Planning Commission meeting.

h. The application shall be accompanied by a vicinity map showing the subject property.

i. The Community Development Director shall determine whether the application is administratively complete within thirty (30) days of submittal.

i. If the application is not administratively complete, the Town shall follow the procedures set forth in A.R.S. § 9-835(e) until the application is administratively complete.

ii. The Community Development Director shall determine whether a resubmitted application is complete within fifteen (15) days after receiving the resubmitted application.

iii. After determining that the application is administratively complete, the Town shall approve or deny the application within one hundred eighty (180) days.

iv. The Town may extend the timeline for approval or denial of the application beyond one hundred eighty (180) days for either of the following reasons:

I. For extenuating circumstances, the Town may grant a one-time extension of no more than thirty (30) days.

II. If an applicant requests an extension, the Town may grant extensions of thirty (30) days each for each extension granted.

j. This chapter does not apply to land that is designated as a district of historical significance pursuant to A.R.S. § 9-462.01(a)(10) or an area that is designated as historic on the National Register of Historic Places or planned area developments.

k. A preliminary traffic impact statement may be required by the Town of Clarkdale.

l. A preliminary drainage report and plan may be required by the Town of Clarkdale.

m. Submit a filing fee outlined in the Town of Clarkdale Fee Schedule.

1. The legislative body of the Town of Clarkdale has adopted the following citizen review and participation process that applies to all rezoning cases. By law and policy, the rezoning process is designed to give the greatest opportunity possible for citizen participation. The purpose of the citizen participation process is to:

a. Ensure that applicants pursue early and effective citizen participation in conjunction with their application, giving them the opportunity to understand and try to mitigate any real or perceived impacts their application may have on the community;

b. Ensure that the citizens and property owners of Clarkdale have an adequate opportunity to learn about the applications that may affect them and to work with applicants to resolve concerns at an early stage of the process; and

c. Facilitate ongoing communications between the applicant, interested citizens and property owners, Town staff, and elected officials throughout the application review process.

2. The citizen participation plan is not intended to produce complete consensus on all applications but to encourage applicants to be good neighbors and to allow for informed decision making. The process includes the following elements:

a. A minimum of one (1) neighborhood meeting be held on all rezoning cases organized and presented by the applicants. The neighborhood meeting shall be completed a minimum of thirty (30) days prior to the Planning Commission public hearing; Town staff may attend to observe the meeting.

b. The applicant shall notify all affected property owners within three hundred (300) feet of the subject site by first class mail no less than fifteen (15) days prior to the neighborhood meeting date.

c. The notification above shall include date, time, and place for the neighborhood meeting as well as a description of the proposed change in land uses. A map of the location of the zone change shall be included in the notification as well as a description of the proposed changes.

d. Reference shall be made as to where comments can be made concerning the proposed zone change including the applicant and Town staff contact information.

e. The affected property shall be posted fifteen (15) days in advance of the neighborhood meeting date so that the following are visible from a distance of one hundred (100) feet; the word “zoning,” the present zoning district classification, the proposed zoning district classification, and the date, time, and location of the hearing.

1. Two (2) public hearings will be held on all rezoning cases. The first public hearing will be before the Planning and Zoning Commission; the second public hearing will be before the Town Council.

a. The Planning and Zoning Commission shall hold a public hearing on any rezone. If no written protest is filed (see subsection G of this section), the rezone may be presented to the Town Council at a public hearing with opportunity for public comment.

i. Notice of the time and place of the hearing including a general explanation of the matter to be considered and a general description of the area affected shall be given at least fifteen (15) days before the hearing in the following manner:

I. The Town shall notify all affected property owners within three hundred (300) feet of the subject site by first class mail no less than fifteen (15) days prior to the public hearing dates.

II. The notification above shall include date, time, and place for the public hearing as well as a description of the proposed change in land uses. A map of the site shall be included in the notification. If there is availability for the public to join remotely, information for that shall be included as well.

III. Reference shall be made as to where comments can be made concerning the proposed zone change and when such comments are due prior to the public hearing.

ii. The affected property shall be posted by the applicant a minimum of fifteen (15) days in advance of the public hearing date so that the sign is visible from the public right-of-way and shall include the following: the existing zoning district classification, the proposed zoning district classification and the date and time of the Public Hearings and Town and applicant contact information. If the project abuts to public rights-of-way, a sign shall be placed on each public roadway frontage.

iii. A notice shall be published at least once in a newspaper of general circulation at least fifteen (15) days in advance of the public hearing by the applicant.

iv. In proceedings involving rezoning of land which abuts other municipalities or unincorporated areas of the county or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency or such governmental unit abutting such land.

v. In proceedings that are not initiated by the property owner involving rezoning of land which may change the zoning classification, notice by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be rezoned and all property owners, as shown on the last assessment of the property, within three hundred (300) feet of the property to be rezoned.

vi. In proceedings involving one (1) or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed below:

I. A ten percent (10%) or more increase or decrease in the number of square feet or units that may be developed.

II. A ten percent (10%) or more increase or reduction in the allowable height of buildings.

III. An increase or reduction in the allowable number of stories of buildings.

IV. A ten percent (10%) or more increase or decrease in setback or open space requirements.

V. An increase or reduction in permitted uses.

VI. An increase in the intensity of use.

b. The Town Council shall hold a public hearing on any rezoning and may vote to approve, deny, table or remand back to the Planning Commission for further review and changes.

I. The Town shall notify all affected property owners within three hundred (300) feet of the subject site by first class mail no less than fifteen (15) days prior to the public hearing dates.

III. Reference shall be made as to where comments can be made concerning the proposed zone change and when such comments are due prior to the public hearing.

ii. The affected property shall be posted by the applicant a minimum of fifteen (15) days in advance of the public hearing date so that the sign is visible from the public right of way and shall include the following: the existing zoning district classification, the proposed zoning district classification and the date and time of the public hearings and Town and applicant contact information. If the project abuts to public right of ways, a sign shall be placed on each public roadway frontage.

iii. A notice shall be published at least once in a newspaper of general circulation at least fifteen (15) days in advance of the public hearing by the applicant.

I. A ten percent (10%) or more increase or decrease in the number of square feet or units that may be developed.

II. A ten percent (10%) or more increase or reduction in the allowable height of buildings.

III. An increase or reduction in the allowable number of stories of buildings.

IV. A ten percent (10%) or more increase or decrease in setback or open space requirements.

V. An increase or reduction in permitted uses.

VI. An increase in the intensity of use.

2. In addition to notice by publication, mailed notices, and property postings, the Town of Clarkdale reserves the right to give notice to the hearing in such other manner as it deems necessary.

F. Procedure for Amendments – Recommendation of the Commission. At the public hearing, the Commission shall make a recommendation to the Town Council. The Commission recommendation shall be presented to the Council by the Community Development Department staff in a public hearing. The Planning Commission may consider the following when reviewing a zone change amendment request:

1. The amendment conforms to the Clarkdale General Plan, specifically the Land Use Element.

2. The amendment conforms to any adopted area plans, if applicable.

3. The proposed development provides buffering to adjacent land uses.

4. The proposed development addresses traffic impact.

5. The proposed development addresses noise impact to surrounding properties.

6. The proposed development will conform to all existing zoning regulations for that district.

7. The proposal may provide community benefits such as:

a. Pedestrian connections.

b. Vehicular connections.

c. Improvement to public right-of-way.

d. Installation of utility infrastructure.

e. Improvement of public space.

f. Protection of open spaces.

8. Funding and installation of all required improvements as specified by the Town shall be the responsibility of the applicant.

G. Protest. If the owners of twenty percent (20%) or more either of the area 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, or of those immediately adjacent in the rear and/or side thereof extending one hundred fifty (150) feet therefrom, or of those directly opposite thereto extending one hundred fifty (150) feet from the street frontage of the opposite lots, 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 governing body of the municipality. If any members of the governing body are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths (3/4) of the remaining membership of the governing body, if such required number of votes is not less than a majority of the full membership of the legally established governing body. For the purposes of this subsection, the vote shall be rounded to the nearest whole number. A protest filed pursuant to this subsection shall be signed by the property owners, excluding government-owned property, opposing the proposed amendment and filed in the office of the clerk of the municipality not later than noon one (1) business day before the date on which the governing body will vote on the proposed amendment or on an earlier time and date established by the governing body.

H. Emergency Measure – Town Council’s Decision. A decision by the Town Council involving rezoning of land which is not owned by the Town and which changes the zoning classification of such land may not be enacted as an emergency measure and such change shall not be effective for at least thirty (30) days after final approval of the change in classification by the Town Council. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; Revised by Ordinance #437 on 12/10/24; by Prior Code on . Formerly 13-020)

Section 13-020 Severability

It is hereby declared to be the intent of the Town Council that the provisions of this chapter shall be severable. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason declared invalid by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 13-040)

Section 13-030 Repeal

Where provisions of this chapter or any other law or ordinance recognized and adopted by the Town Council impose more stringent requirements or limitations, then the more stringent requirement, regulation, or limitation shall govern. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 13-050)