The town may, from time to time as the public necessity, convenience, general welfare or good zoning practice, change the district boundaries or amend, change, repeal or supplement the regulations established in this title. Such change or amendment may be initiated by the town council or the planning and zoning commission on its own motion or by petition of one or more owners of real property within the area proposed to be changed.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

In deciding whether to adopt a proposed amendment to this title, the central issue is whether the proposed amendment advances the public health, safety or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant and excluded. The planning and zoning commission and town council may consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Petitions for change of district boundaries or amendment of regulations shall be filed with the community development department by an owner of real property within the area proposed to be changed, or by the town council, planning and zoning commission or community development director. In the case of a petition filed by a party other than the town council or planning and zoning commission requesting a zoning district change which includes other property in addition to that owned by the petitioner, the petition shall include the signatures of the real property owners representing at least fifty-one percent of the lots and real property in the area proposed to be changed. All such petitions shall be filed on a form provided by the community development department for this purpose.

B.

The petition shall be filed with the community development department and shall include the following:

1.

A map showing the particular property or properties for which the change of zone is requested and substantially the adjoining properties and the public streets and ways within a radius of three hundred feet of the exterior boundaries thereof;

2.

The name, address and phone number of the applicant;

3.

A description of the land affected by the amendment if a change in zoning district classification is proposed;

4.

A description of the proposed map change or a summary of the specific objective of any proposed change in the text of this title;

5.

Stamped envelopes containing the names and addresses of all of those whom notice of the public hearing must be sent pursuant to Section 18.80.070.

6.

Any information the community development director deems necessary.

C.

Whenever a request for amendment is initiated, the community development director may present it to the planning and zoning commission so that a date for public hearing may be set, or set a date for a public hearing without presenting it to the planning and zoning commission first, if the community development director feels it has merit.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

Upon filing an application for amendment, the petitioner shall pay a filing fee in an amount established by a schedule adopted by resolution of the town council and filed in the office of the town clerk. No part of the filing fee shall be returnable. Payment of the filing fee shall be waived when the petitioner is the town, county, state or federal government.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

Upon receipt of a complete application as provided in this chapter, the community development director shall either:

A.

Treat the proposed amendment as one initiated by the town and proceed accordingly if the proposed amendment has significant merit and would benefit the general public; or

B.

Forward the petition to the planning and zoning commission with or without written comment for a determination of whether an amendment should be drafted and a public hearing set.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Applicability. A public participation process shall be held prior to a public hearing on a rezoning request, zoning code amendment or other regulation that imposes, removes or modifies any such regulation previously imposed.

B.

Purpose.

1.

Provide for early and effective citizen participation in conjunction with rezoning applications and changes in regulations to promote understanding mitigation of real or perceived impacts on the community.

2.

Provide an opportunity for citizens to communicate with applicants to resolve concerns at an early stage of the process.

3.

Facilitate ongoing communication between the applicant, interested citizens and property owners, council and town staff throughout the application review process.

4.

Provide affected citizens of the town with an opportunity to learn about and comment on proposed text amendments to the code that impose, remove or modify a land use regulation prior to a public hearing on the matter.

5.

Any public participation meeting does not vacate the requirement for a public hearing of the town council.

C.

Rezoning Applications.

1.

Applicant shall work with the town manager to establish a public participation plan.

2.

The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the property. The target area for early notification will be determined by the town manager. At a minimum, the target area shall include the following:

a.

Property owners within 300 feet of the subject property, measured from the property lines.

b.

Other interested parties who have requested that they be placed on the interested parties' notification list maintained by the community development department.

c.

Those residents, property owners, interested parties, political jurisdictions and public agencies that may be affected by the application.

The community development department staff may determine that additional notices or areas be included.

3.

Public participation meeting: The applicant shall conduct a public participation meeting to explain the proposal at which persons interested in the project may ask questions and discuss their concerns about the project with the applicant.

4.

Additional meetings: The town manager may require an applicant to hold additional public participation meeting if warranted by circumstances including, but not limited to:

a.

Timeframe between the last meeting and the date of the submittal.

b.

If there have been substantial changes to the development proposal since the last public participation meeting.

5.

Public participation meeting report: The applicant shall provide a written report on the results of the public participation meeting within five (5) days after the public participation meeting and prior to any notice being mailed or posted for a public hearing. The report shall be sent to the town manager for town council review at the public hearing and shall include at least the following information:

a.

Means used by the applicant to involve the public;

b.

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

c.

Copies of letters, meeting notices, newsletters and other communications sent, dates mailed, and numbers of mailings or other means of communications;

d.

Names and address of all those in attendance for tracking purposes;

e.

A summary of concerns, issues and problems expressed during the process, including how the applicant addressed or plans to address each concern expressed and, for those concerns not addressed, why the applicant is unwilling or unable to address them.

D.

Text amendments to the zoning ordinance that impose, remove or modify a land use regulation.

1.

Notice. The notice of the public participation meeting shall contain the date, time and place of the meeting and the location of where a copy of the amendment can be reviewed and shall be given as follows:

a.

By publication in a newspaper of general circulation in the Town.

b.

By placing a copy of the proposed amendment in the community development department at town hall for review.

c.

By any other manner required by the town manager.

2.

Public participation meeting. At least one public participation meeting shall be held at least five (5) days prior to the public hearing of the town council. Town staff shall conduct the public participation meeting to discuss and answer questions about the proposed amendment. Additional meetings may be held if the town manager or town council determine they would be beneficial.

3.

Public participation meeting report. The town manager shall provide a written report on the results of the public participation meeting prior the council's public hearing. The report shall be included in the staff report presented to the town council at the public hearing. The public participation meeting report shall include the following information:

a.

Extent of public involvement and comments submitted by citizens;

b.

Dates and locations of public participation meetings;

c.

Names and addresses of all those in attendance;

d.

A summary of concerns, issues and problems expressed during the process, including how staff addressed or plans to address each concern expressed and, for those concerns not addressed, why staff is unwilling or unable to address them.

(Ord. No. 2020-01, § I, 5-5-2020)

A.

Upon receipt of a proposed amendment for which a date for a public hearing has not been set, the planning and zoning commission may:

1.

Summarily deny the petition, delimit or extend the boundaries of such area so as to constitute a more reasonable zone district boundary; or

2.

Set a date for public hearing on the requested amendment and order the community development director, in consultation with the town attorney, to draft an amendment.

B.

At the conclusion of the public hearing on a proposed amendment, the planning and zoning commission may proceed to vote on the amendment, refer it to committee for further study, or take any other action consistent with its usual rules of procedure.

C.

The planning and zoning commission may, when it deems such action necessary or desirable, continue such hearing to a time and place designated within thirty days. Within thirty days after the close of the hearing, the community development director shall forward the planning and zoning commission's decision in the form of a written recommendation to the town council. The recommendation shall include the reasons for the recommendation and be transmitted to the town council in such form and manner as specified by the town council.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

No ordinance amendment may be adopted until a public hearing has been held in accordance with the Arizona Revised Statutes, including:

A.

The community development director shall publish a notice of the public hearing on any amendment at least once in an official newspaper in the area. The notice shall be published not less than fifteen days prior to the date fixed for the hearing.

B.

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 of such governmental unit abutting such land ten days prior to the hearing. In addition to notice by publication, a municipality may give notice of the hearing in such other manner as it may deem necessary or desirable.

C.

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 feet of the property to be rezoned.

D.

The community development director shall also post notices of the public hearing on the affected property fifteen days prior to the hearing, and take any other action deemed to be useful or appropriate to give notice of the public hearing on any proposed amendment. The notice required or authorized by this section shall:

1.

Be printed so that the word "zoning," the present zone district classification, the proposed zoning district classification, and the date and time of hearing are visible from a public right-of-way and from a distance of one hundred feet;

2.

State the date, time and place of the hearing;

3.

Summarize the nature and character of the proposed change;

4.

If the proposed amendment involves a change in zone district classifications, reasonably identify the property whose classification would be affected by the amendment.

E.

In proceedings involving one 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 by A.R.S. Section 9-462.04:

1.

A ten percent or more increase or decrease in the number of square feet or units that may be developed;

2.

A ten percent or more increase or reduction in the allowable height of buildings;

3.

An increase or reduction in the allowable number of stories of buildings;

4.

A ten percent or more increase or decrease in setback or open space requirements;

5.

An increase or reduction in permitted uses.

F.

In proceedings as governed by subsection E. of this section, the municipality shall provide notice to real property owners pursuant to at least one of the notification procedures:

1.

Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes;

2.

Notice of such changes shall be included on utility bills or in mass mailings or on advertising materials;

3.

Notice shall be published for such changes prior to the first hearing in an official newspaper of the area in a display ad covering not less than one-eighth of a full page.

G.

Notice shall also be sent by first class mail to persons who register their names and addresses with the planning department. A fee of five dollars per year shall be charged to implement this provision.

H.

In the event that a request for amendment concerns only the amendment of general requirements of this title, no signature of the affected property owners, mailings or posting of property shall be required; provided however, that all other provisions of this section shall be complied with.

I.

The planning department shall make every reasonable effort to comply with the notice provisions set forth in this section; however, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions by the planning and zoning commission or town council for which the notice was given.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

Once the planning and zoning commission has held a public hearing, the town council may adopt the recommendations of the planning and zoning commission without holding a second public hearing only if there is no objection to the amendment.

A.

The town council shall hold a public hearing if requested by the party aggrieved, any member of the public or of the town council. Notice of the time and place of the hearing shall be given in the time and manner provided for in this chapter. In addition, the town may give notice of the hearing in such other manner as it may deem necessary or desirable.

B.

The town council shall not make any substantial changes in any proposed zone district boundaries or zone district classification recommended by the planning and zoning commission until such proposed changes have been referred back to the planning and zoning commission.

C.

At the time of rezoning, the town council may establish a schedule for development of the specific use or uses for which a rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was approved, it shall revert to its former zoning classification without legislative action.

D.

Notwithstanding any other provisions, a decision by the town council involving rezoning of land which is not owned by the town and which changes the zoning classifications of such land may not be enacted as an emergency measure and such change shall not be effective for at least thirty days after final approval of the change in classification by the town council.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

In the event that a petition for an amendment is denied by the town council, the planning and zoning commission shall not consider the petition or any other petition for the same amendment of this title as it applies to the same property described in the original petition, or any part thereof, within a period of one year from the date of such denial action, unless the conditions upon which the original denial was based have changed.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

If a petition opposing a change in the zoning classification of any property is filed in accordance with the provisions of this chapter, then the proposed amendment may be adopted only by favorable vote of three-fourths vote of the town council membership.

B.

If any members of the town council are unable to vote because of conflict of interest, then the required votes shall be three-fourths of the remaining members of the town council; provided that, such required number of votes shall in no event be less than a majority of the full membership of the town council.

C.

To trigger the three-fourths vote requirement the petition must:

1.

Be signed by the owners of twenty percent or more of the land and property owners included in a proposed change or the lots immediately adjacent to the boundary extending one hundred fifty feet there from;

2.

Be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment;

3.

Be received by the town clerk in sufficient time to allow the town at least seventy-two hours prior to town council meeting;

4.

Be on a form provided by the planning department and contain all the information requested.

(Ord. No. 2013-04, Exh. A, 5-7-2013)