All of the town shall be subject to the provisions of this chapter; provided, however, that there shall be exempt from these provisions the following:

   (A)   Other publicly owned and operated facilities used for essential government purposes; and

   (B)   The use or occupation of land or improvements for railroad, mining, metallurgical, grazing, agricultural composting or general agricultural purposes, if the property concerned is not less than five contiguous commercial acres. An agricultural composting operation shall notify in writing the Zoning Administrator and the nearest fire department of the location of the composting operation. This exemption shall not be construed to include commercial feedlots and other allied commercial or industrial uses, nor shall this exemption apply to commercial retail attached to one of the above exempted uses (i.e., commercial roadside agriculture sales). Nothing in this chapter is intended or will be effective to regulate land uses where such land use regulation has been preempted by state or federal regulation.

(Ord. 08-44 § 201, passed 10-21-2008)

   The lawful use of any building, structure or land existing at the time of the effective date of this chapter may be continued, although such use does not conform to the provisions hereof.

   (A)   Discontinuance. If a nonconforming use shall be discontinued on a continuous basis for a period of 12 months, except as noted for dwelling units, any subsequent use shall conform to the provisions of this chapter. If the use of a dwelling unit as nonconforming lodging is discontinued on a continuous basis for a period of 30 days, the use shall conform to the provisions of this chapter.

   (B)   Wear and tear. Nothing in this chapter shall prevent the reconstruction, repairing and continued use of a nonconforming structure or part thereof rendered necessary by wear and tear, deterioration or depreciation.

   (C)   Restoration. Any nonconforming structure or a conforming building containing a nonconforming use damaged or destroyed by casualty or act of God may be restored within a 12-month period therefrom without impairment to any nonconforming status.

   (D)   Change of use. A nonconforming use may not be changed to another use unless or without complying with the provisions of this chapter.

   (F)   Mixed uses. Nonconforming and conforming uses and structures may be included on the same lot within limits of the district regulations for conforming uses and structures.

      (1)   A non-conforming parcel that meets the following criteria is a Qualified Non-Conforming Parcel and may be developed as nearly as possible in conformance with the overlying zoning district:

         (a)   Was legally created in full conformance with the zoning in place at the time of parcel creation;

         (b)   Has adequate and properly documented access for ingress and egress;

         (c)   Meets building setbacks of the overlying zoning district; and

         (d)   Meets all Town's building code requirements (Town Code Chapter 150).

      (2)   Following the initial construction and development as above of a Qualified Non-Conforming Parcel, the parcel will thereafter be considered a legal non-conforming use.

(Ord. 08-44 § 202, passed 10-21-2008; Am. Ord. 10-65, passed 3-16-2010)

   In conformity with the purpose and effect of this chapter, use districts and density districts are hereby established in order to classify, regulate, restrict and separate the following: uses of land and structures; lot dimensions and areas; yard widths and depths; percent of lot coverage and open spaces; density formulas; height and bulk of structures, and the like. These districts are designed to be used in combinations and as such are hereby referred to as a ZONING DISTRICT. Any reference to a USE shall be deemed to include “principal and accessory uses and structures.”

(Ord. 08-44 § 203, passed 10-21-2008)

   Any map officially adopted delineating the locations and boundaries of the various "use" and "density" districts within any portion of the incorporated area of jurisdiction, together with subsequent supplementary maps, shall be known collectively as the Zoning Map for the Town of Dewey-Humboldt, Arizona and becomes an official record, as part of this chapter, as if the matters and information set forth by the map were fully described in this chapter. Where a use district has been adopted but not combined with a specific density district, then the provisions of Density District 2A (§ 153.069) shall govern. Until such a time as an official Zoning Map is adopted, all of the incorporated portion of the town is hereby deemed to be zoned RCU (§ 153.039) the same as though that zone were shown on an official map.

   (A)   District boundary determination. The district boundaries on the map are intended to follow lot lines, subdivision lines, section lines or centerlines of streets, alleys or other rights-of-way (or extensions thereof) as they existed at the time of the enactment of the Map, except where referenced by dimensions thereon. Uncertainty of location of a district boundary shall be determined by the Town Council unless same can be resolved to the satisfaction of the Zoning Administrator and persons of interest by using the scale of the map. Where such boundary scales to within 25 feet of a common division line or a right-of-way, then it shall be deemed as following the division line or the center of the right-of-way, as the case may be.

   (B)   Abandoned rights-of-way. Where a public street or alley or other right-of-way is officially abandoned, the abutting district boundaries shall automatically extend to the centerline thereof.

(Ord. 08-44 § 204, passed 10-21-2008)

   (A)   Zoning Administrator. 

      (1)   For reference, this title equates to Zoning Administrator as mandated in A.R.S. § 9-462.05.

      (2)   For the purpose of enforcement of the provisions of this chapter, there is hereby created the position of Zoning Administrator and such deputy specialists as may be required, who shall be appointed by the Town Council. The Zoning Administrator shall administer and enforce this chapter, including the receiving of applications, the inspection of premises, and the issuing of permits. No building permit or certificate of occupancy shall be issued, except where the provisions of this chapter have been complied with.

   (B)   Zoning inspection.

      (1)   Responsibility. The Code Enforcement Officer is responsible for investigating all complaints of suspected violations of this chapter and other applicable codes within the town's jurisdiction.

      (2)   Inspection. With proper permission from the property owner or his or her agent, the Code Enforcement Officer may, in the discharge of his or her duties, and for good and probable cause, enter private property during assigned working hours to inspect same in connection with any application made under the terms of this chapter, or for any investigation as to whether or not any portion of the property, building or other structure was constructed or is being used in violation of this chapter. If permission to enter property is unobtainable, refused or withdrawn, the Inspector shall follow legally prescribed procedures for seeking a search warrant subject to the protections provided for rights of the property owner by the State of Arizona and the United States Constitution.

   (C)   Zoning violation.

      (1)   The erection, construction or alteration of any structure or the use of any property or structure, not in conformance with this chapter constitutes a violation.

      (2)   Violations of this chapter are subject to civil penalties or other legal action per §§ 153.020 and 153.999 of this code for failure to comply with any provision of this chapter.

   (D)   Zoning violation hearing.

      (1)   The Hearing Officer may hear and decide complaints alleging violations of this chapter, as authorized by A.R.S. § 9-462.04.

      (2)   The form and service of complaints, and the hearing procedures of the Hearing Officer, shall follow the zoning enforcement Rules of Procedure adopted by the Town Council.

      (3)   If the Hearing Officer determines a zoning violation exists, civil penalties may be imposed by the Officer in accordance with § 153.999. Imposition of civil penalties listed in § 153.020 shall not preclude persons from pursuing remedies provided for in § 153.020.

   (E)   Hearing Officer.

      (1)   Scope. The Hearing Officer hears and decides zoning violations, as authorized by A.R.S. §§ 9-462 et seq.

      (2)   Powers and duties. The Hearing Officer performs the following duties. Refer also to division (D) of this section.

         (a)   The Hearing Officer hears and decides complaints alleging civil violations of this chapter.

         (b)   The Hearing Officer administers oaths.

         (c)   The Hearing Officer issues subpoenas and summonses ordering appearance before the Hearing Officer.

         (d)   The Hearing Officer makes any other order necessary for the determination and resolution of zoning violations.

      (3)   Appeals.

         (a)   The decision of the Hearing Officer may be appealed to the Board of Adjustments.

      (4)   Appointment. The Hearing Officer shall be appointed by the Town Council.

      (5)   Qualifications.

         (a)   The Hearing Officer shall have training, experience or familiarity with administrative hearings and this chapter.

         (b)   The Hearing Officer may be an employee of the town, except that the Hearing Officer shall not be a Code Enforcement Officer.

      (6)   Annual review. The Town Council shall conduct an annual review of the Hearing Officer.

      (7)   Removal. The Town Council has the authority to remove the Hearing Officer, by majority vote, for neglect of duty, inefficiency or misconduct in office.

      (8)   Transaction of business. The Hearing Officer shall follow the procedures set forth in the zoning enforcement Rules of Procedures, as adopted and amended by resolution.

         (a)   A decrease of not more than 2% of the required minimum lot area;

         (b)   A decrease of not more than 5% of the required minimum lot area per dwelling;

         (c)   A decrease of not more than 10% of the required minimum lot width and/or depth;

         (d)   A decrease of not more than 20% of the required width of a side yard or the required building separation;

         (e)   A decrease of not more than 20% of the required front or rear yard;

         (f)   An increase of not more than 20% of the permitted height of a fence or wall;

         (g)   An increase of not more than 10% of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys and fireplaces into any required front, rear or side setback;

         (h)   An increase of not more than 10% of the permitted height or areas of signs as required by the Sign Code, §§ 153.125 through 153.130;

         (i)   An increase of not more than 10% in the maximum allowable lot coverage; and

         (j)   An increase of not more than 10% in the permitted height of buildings.

         (k)   The Zoning Administrator may take requests from existing utility companies or by existing non-profit community service organizations for minor adjustments to the terms and requirements of this section for flexibility of setbacks, lot sizes, areas, heights and similar minor variances, when additions or new facilities are needed to better protect and serve the residents and businesses of the Town. “Existing” refers to those utilities and non-profit community-service organizations that are in existence within the Town’s jurisdiction as of January 15, 2010. The Zoning Administrator may only consider requests for minor adjustments as follows:

            1.   A request may be considered from an existing utility company or district that serves existing properties within the town, and such request is based on the need to provide for improved service and/or safety to residents and businesses in the town;

            2.   A request may be considered from an existing non-profit community service organization that provides the community with services typical of those that local government may provide, such as community/activity center, recreational facilities, library, and the like;

            3.   A request may be considered for the on-site placement of additional equipment, fences/walls, lighting or identification sign, or for small expansions of buildings or facilities;

            4.   A request for a major building or facility expansion, or for a new building or facility on undeveloped property, may not be considered for a minor adjustment; such request shall be filed for variance through the Board of Adjustment procedures as specified in this section;

            5.   An approval of a minor adjustment is conditional approval granted for the applicant and the community service or utility it provides; if such community service or utility ceases, such conditional approval shall be terminated.

            6.   In addition to the requirements for an application for adjustment in division (F)(2) an applicant shall provide the Zoning Administrator with a list of names and addresses of adjacent property owners, and with two sets of stamped envelopes so addressed for notification prior to and subsequent to the findings and decision of the Zoning Administrator on the applicant’s request. The Zoning Administrator shall also transmit notification to the Town Council prior to and subsequent to the findings and decision. The Zoning Administrator shall include information regarding appeals division (F)(6) of said decision with the notice sent to adjoining property owners, and posted on the applicant’s property, subsequent to the decision.

            7.   Additional development plans such as elevations of structures, landscaping and screening, and evidence of applicant ability and intention to proceed with actual construction (i.e., construction commencement and completion schedule, bonding for completion of work including additional paving or dust control, screening) and other amenities as deemed necessary by the Zoning Administrator from the concerns of adjacent property owners may be required.

            8.   Compliance with all other provisions of the Town Code (e.g., Dark Sky Ordinance and building codes) is required.

         (a)   Statement as to the nature of the request;

         (b)   Legal description;

         (c)   Signatures of the property owner(s) of record or the authorized agent of the owner(s);

         (d)   A letter of authorization, if the property owner is represented by an agent;

         (e)   A site plan of the subject property showing existing and proposed structures, access, parking, and distances from structures to property lines and to other structures;

         (f)   Written permission to enter the property;

         (g)   Any other information reasonably necessary to evaluate the application, which is required by the Zoning Administrator or his or her designee; and

         (h)   Name and mailing address of adjacent affected property owner(s). Notification ofthe request will be sent to the adjacent affected property owner(s) for their information and comment.

         (a)   That the property cannot otherwise meet the minimum lot area requirement of its current zoning classification; and

         (b)   If a requested reduction of minimum lot area is or would result in a decrease of area greater than 2% of the requirement set by theappropriate density district, the applicant shall request a Zoning Map change in accordance with § 153.022 in order to further reduce the minimum lot area requirement.

      (5)   Fees. A processing fee shall be submitted in association with a minor administrative variance application. Upon receipt of an appeal, as set out under division (F)(6) below, a fee equal to a standard variance application shall be necessary to cause the matter to be presented to the Board of Adjustment. Any fee submitted for the minor administrative variance application shall be applicable to the standard variance application.

(Ord. 08-44 § 205, passed 10-21-2008)

   (A)   All remedies provided in this chapter shall be cumulative and not exclusive.

   (B)   The imposition of penalties on any person under this chapter shall not relieve the person from the responsibility of correcting prohibited conditions or removing prohibited structures or improvements, and shall not prevent the enforced correction or removal of such violations.

   (C)   If any structure is erected, constructed, reconstructed, altered, maintained or used, or any land is used, in violation of this chapter, the Town Council, the Town Attorney or the Zoning Administrator may institute injunction, mandamus (court order), abatement or any other appropriate legal action or proceedings to prevent, abate or remove the violation.

   (D)   (1)   It is unlawful to erect, construct, reconstruct, alter or use any building or other structure within any area subject to the provisions of this chapter without first obtaining a building permit zoning approval from the Building Department and/or Zoning Administrator, where such permit is required thereby.

      (2)   The conviction of any person, firm or corporation hereunder shall not relieve the person from the responsibility to correct the violation, nor prevent the enforcement, correction or removal thereof.

      (3)   Any fees authorized by the Town Council shall be doubled for failure to apply prior to commencing construction or sale of lots.

(Ord. 08-44 § 206(C), passed 10-21-2008)

   The Board of Adjustment of the Town of Dewey-Humboldt (the “Board”) is established pursuant to A.R.S. § 9-462.06.

      (1)   The Board has the following powers and duties:

         (a)   Hear and decide appeals from a decision, determination or interpretation made by the Zoning Administrator, in which it is alleged there is an error in an order, requirement or decision made by the Zoning Administrator in the enforcement of a zoning ordinance;

         (b)   Hear and decide appeals for variances from the terms of the zoning ordinance only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted shall be subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;

         (c)   Hear and decide appeals from division of the Hearing Officer pursuant to § 153.019(D) and (E);

         (d)   Hear and decide appeals from decisions of the Zoning Administrator in requests for adjustments as set forth in division (D) below;

         (e)   Reverse or affirm, wholly or partly, or modify the order or decision appealed from and make such order or decision as ought to be made; and

         (f)   Interpret this chapter when the meaning of any word, phrase, or section is in doubt, or where doubt exists as to the proper district of a specific use.

      (2)   The Board shall not:

         (a)   Make any changes in the uses permitted in any zoning classification or district;

         (b)   Make any changes in the zoning ordinance; or

         (c)   Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

   (D)   Hearing applications. Hearing applications shall be filed in writing in the office of the Zoning Administrator, on forms provided therefor, by any person or by any officer, department, board or bureau of the town affected by any order or decision of the Zoning Administrator, within 30 days thereafter, and specifying the grounds thereof; or for rulings on other matters of Town Council jurisdiction.

      (1)   An appeal shall stay all proceedings in the matter appealed unless the Zoning Administrator certifies to the Board that, by reason of the fact stated in his or her approval letter, a stay would (in his or her opinion) cause imminent peril to life or property. In this case, proceedings shall not be stayed except by restraining order granted by a court of record on application and notice to the Zoning Administrator.

      (2)   In addition to any other requirements specified, applications for variances shall, at a minimum, include the following :

         (a)   Evidence showing why, due to special circumstances or conditions applicable to the property, including its size, shape, topography, location or surroundings, of the zoning ordinance would deprive the property owner of privileges enjoyed by other property owners of the same classification in the same zoning district; and

         (b)   Evidence showing that the variance will not constitute a grant of special privileges inconsistent with limitations upon other properties in the vicinity and district in which the property is located; and

         (c)   Evidence that the special circumstances applicable to the property were or are not self-imposed by the property owner; and

         (d)   Evidence showing why granting the variance substantially meets the intent and purpose of the zoning district in which the property is located, and will not detrimentally affect the health or safety of the neighborhood residents or the public welfare or be injurious to property or improvements.

   (E)   Hearings and rulings. The Board of Adjustment shall hold at least one public hearing, within a reasonable time from the date of application, after giving a minimum of 15 days’ notice thereof to parties of interest and the public, by posting at the property of application (if property is involved) and by publishing once in a newspaper of general circulation in the town. The Board of Adjustment shall render a decision within 30 days after the initial hearing on same, unless an extension is agreed to by the Board and the applicant.

      (1)   In approving an application, in all or in part, the Board of Adjustment may impose reasonable conditions necessary to achieve the general purposes and objectives of this chapter, and to protect the public health, safety and general welfare or to ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. If conditions are violated or not complied with, upon notice to the property owner by the Zoning Administrator, a hearing shall be held and, if the violation is sustained, the approval may be revoked.

      (2)   The concurring vote of a majority of a quorum of the members shall be necessary to render a ruling, unless otherwise required by state law or the town zoning ordinance.

      (3)   Decisions of the Board of Adjustment may be appealed to the Superior Court within 30 days of the decision by the Board.

      (4)   Quasi-judicial role; ex parte communications.

         (a)   The Board of Adjustment acts in a quasi-judicial manner and, to ensure that the decision-making process is fair and impartial, no member of the Board shall, directly or indirectly, entertain, accept or participate in any ex parte communication relevant to an application pending before the Board.

         (b)   Ex parte communications are oral or written communications related to the matter to be heard by the Board and which are made to or by a member of the Board, including in person, telephonic or electronic communications that occur outside of a public meeting of the Board.

      (c)   Exceptions. This prohibition shall not apply to communications between the members of the Board and town staff. This prohibition is not intended to prevent site visits, the receipt of expert opinions, and the review of mail and other correspondence relating to the proceedings.

      (d)   If a Board member receives an ex parte communication, the Board member shall place the communication in the public record or shall enter into the record a statement describing the time, place and content of the communication.

(Ord. 08-44, § 207, passed 10-21-2008; Am. Ord. 09-60, passed 12-15-2009; Am. Ord. 12-92, passed 7-10-2012; Am. Ord. 17-132, passed 1-17-2017; Am. Ord. 17-133, passed 3-21-2017)

   The Town Council may, from time to time, following public hearings and Commission report as prescribed by this chapter, amend, supplement or change the Zoning Regulations or Map. Any such proposed change may be initiated by the Commission, the Town Council or by petition and application of property owners. An application for amendment shall be filed in the office of the Zoning Administrator on forms provided.

   (A)   District boundary change (rezoning). A property owner or authorized agent of a property owner desiring an amendment or change in the Zoning Regulations changing the zoning district boundaries within an area previously zoned shall file an application for the amendment or change.

   (B)   Zoning regulations change (text). An application for a change in the regulations (not otherwise addressed by A.R.S. requirements) shall be accompanied by the written consent of at least ten owners of property in the town area of jurisdiction.

   (C)   Commission action. Upon receipt of any proposed amendment, the same shall be submitted to the Planning and Zoning Commission for a report. Prior to reporting to the Town Council, the Commission shall hold at least one public hearing thereon, after giving at least 15 days' notice thereof by publication (at least once) in a newspaper of general circulation in the county seat, and by posting the area included in any proposed zoning district change.

      (1)   Prior to noticing for a proposed zoning district change, the Commission may (on its own motion) delimit a more compatible zoning area (or require the applicant to).

      (2)   If a proposed amendment is a Commission initiative at the written request of others, the proposal shall not be noticed prior to receiving the required fee and charges.

      (3)   In the event an application has been denied, the Commission may refuse to consider a similar application within 12 months of application date.

      (4)   Failure of the Commission to report to the Town Council within 60 days of date of application shall be deemed to be a neutral report.

   (D)   Town Council action. 

      (1)   Upon receipt of the Planning and Zoning Commission report, the Town Council shall, within a reasonable time thereafter, hold at least one public hearing after giving at least 15 days' notice thereof by publication at least once in a newspaper of general circulation in the county seat and by posting the area included in any proposed zoning district change. The hearing notice may be simultaneous with that of the Planning and Zoning Commission or at anytime thereafter. After the hearing, the Town Council may take appropriate action.

      (2)   In the event 20% or more of the owners of property by area and number within the zoning area file a protest to the proposed change, the change shall not be made except by a three-fourths vote of all members of the Council. If any members of the Council are unable to vote on the question because of a conflict of interest, the required number of votes for the passage of the question is three-fourths of the remaining membership of the Council, except that the required number of votes in no event shall be less than a majority of the full membership of the Council.

      (3)   In calculating the owners by area, only that portion of a lot or parcel of record situated within 300 feet of the property to be rezoned shall be included. In calculating the owners by number or area, town property and public rights-of-way shall not be included.

   (E)   Noticing for hearings.

      (1)   Posting and advertising. The Zoning Administrator shall post in no less than two places with a least one notice for each one-quarter mile of frontage along perimeter public right-of-way so that notices are visible from the nearest public right-of-way, and determine the wording of the advertising so as to be, in his or her judgment, an effective means of noticing the application hearing.

      (2)   Notice by mail. The Zoning Administrator shall mail notices by first class mail of the Planning and Zoning Commission hearing, from a list supplied by the applicant, to each real property owner as shown on the last assessment of the property within 300 feet of a proposed district boundary change.

         (a)   The list shall be certified by a title company as current owners, or certified by the applicant as last owners of record in the County Assessor's office.

         (b)   The notice sent by mail shall include, at a minimum, the date, time and place of the hearing on the proposed amendment or change including a general explanation of the matter to be considered, a general description of the area of the proposed amendment or change, how the real property owners within the zoning area may file approvals or protests of the proposed rezoning, and notification that if 20% of the property owners by area and number within the zoning area file protests, an affirmation vote of three-fourths of all members of the Board will be required to approve the rezoning.

(Ord. § 208, passed 9-4-2008)

   (A)   Citizen participation plan.

      (1)   Every applicant who is proposing a project which requires a public hearing shall include a citizen participation plan, which shall be implemented prior to the first public hearing. This process shall be started prior to submitting a rezoning, general plan major amendment or use permit application.

      (2)   Purpose:

         (a)   Ensure that applicants pursue early and effective citizen participation in conjunction with their applications, giving them 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 within the community have an adequate opportunity to learn about applications that may affect them and to work with applicants to resolve concerns at an early stage of the process; and

         (c)   Facilitate ongoing communication between the applicant, interested citizens and property owners, town staff, Planning Commissioners and elected officials throughout the application review process.

      (3)   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.

      (4)   The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the site. The target area for early notification will be determined by the applicant after consultation with the Zoning Administrator. At a minimum, the target area shall include the following:

         (a)   Property owners within the public hearing notice area required by other sections of this chapter;

         (b)   The head of any homeowners' association or community/neighborhood within at least 1,000 feet radius of the project site, unless a greater distance is required by other sections of this chapter;

         (c)   Other interested parties who have requested that they be placed on the interested parties' notification list maintained by the Zoning Administrator;

         (d)   Those residents, property owners, interested parties, political jurisdictions and public agencies that may be affected by the application; and

         (e)   The Zoning Administrator may determine that additional notices or areas be included.

      (5)   At a minimum, the following information regarding the involvement of the target area must be included:

         (a)   How those interested in and potentially affected by an application will be notified that an application has been made;

         (b)   How those interested and potentially affected parties will be informed of the substance of the change, amendment or development proposed by the application;

         (c)   How those affected or otherwise interested will be provided an opportunity to discuss the applicant's proposal with the applicant and express any concerns, issues or problems they may have with the proposal in advance of the public hearing;

         (d)   The applicant's schedule for completion of the citizen participation plan; and

         (e)   How the applicant will keep the Zoning Administrator informed on the status of his or her citizen participation efforts.

      (6)   These requirements are in addition to any notice provisions required by state statute and the Planning and Zoning Ordinance.

      (7)   Extenuating circumstances may warrant the Zoning Administrator to cause the applicant to hold additional citizen participation meetings, including but not limited to:

         (a)   Timeframe between the last meeting and the date of the submittal; and

         (b)   Any substantial changes that have occurred to the development proposal since the last citizen participation meetings were held.

   (B)   Citizen participation report.

      (1)   The applicant shall provide a written report on the results of his or her citizen participation effort prior to the notice of public hearing. This report will be included in the information provided to the Planning and Zoning Commission by the Zoning Administrator at the public hearing on the matter.

      (2)   The citizen participation report will include the following information:

         (a)   Details of techniques the applicant used to involve the public, including:

            1.   Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal;

            2.   Content, dates mailed and numbers of mailings, including letters, meeting notices, newsletters and other publications;

            3.   Where residents, property owners, and interested parties receiving notices, newsletters or other written materials are located; and

            4.   The number of people that participated in the process.

         (b)   A summary of concerns, issues and problems expressed during the process, including:

            1.   The substance of the concerns, issues and problems;

            2.   How the applicant has addressed or intends to address concerns, issues and problems expressed during the process; and

            3.   Concerns, issues and problems the applicant is unwilling or unable to address and why.

(Ord. 08-44 § 209, passed 10-21-2008)

      (1)   Whether an accommodation should be made pursuant to the requirements of the federal and state fair housing laws; and

      (2)    If so, the nature of the accommodation.

(Ord. 16-123, passed 1-19-2016)