Fountain Hills City Zoning Code

2 Procedures

Section 2.01 Amendments or Zone Changes

A. Purpose. The Council may, from time to time as public necessity, convenience, general welfare, and/or good zoning practice requires, change the district boundaries or amend, change, repeal or supplement the regulations herein established. Such change or amendment may be initiated by the Council or the Planning and Zoning Commission. Owners of real property, either directly or through an authorized representative, may apply to change the zoning district designation of their property. All requests to amend these regulations or change zoning boundaries shall be processed as provided in this section.

1. Complete Application. Applications for change of district boundaries shall be filed electronically on the Town’s website by an owner of the real property proposed to be changed using the process established by the director for such applications. All such applications shall include the information set forth in this subsection B.

2. Project Narrative. A written statement which includes:

a. A narrative describing the existing zoning, proposed zoning, desired use of the property, and reasons justifying the proposed change in zoning and its consistency with the general plan.

b. 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 300 feet of the exterior boundaries thereof.

c. A true statement revealing any conditions or restrictions of record (if any) which would affect the permitted uses of the property if rezoned as requested and the date or dates (if any) of expiration thereof.

d. Such photographs, drawings, and other supporting documents (if any) as the applicant may desire to present.

3. Tentative Development Plan. For projects that will result in development or redevelopment of a tract, parcel, or lot, the rezoning request shall include a tentative development plan, drawn to scale. Subsequent site plans must substantially conform to the tentative plan submitted as part of the application for a change of district boundaries. The tentative development plan shall show, as applicable, the following:

a. Topographical description showing existing and proposed grades and drainage systems, and natural and manmade features with indication as to which are to be retained and which are to be removed or altered.

b. Proposed street system.

c. Proposed block layouts.

d. Proposed reservation for parks, parkways, playgrounds, recreation areas and other open space.

e. Types and uses of structures.

f. Location of structures, garages and/or parking spaces.

g. A tabulation of the total number of acres in the proposed project and a percentage thereof designated for the proposed structures.

h. Preliminary plans and elevations of the structure types. Single-family residential subdivisions are exempt from this requirement.

i. A preliminary landscape plan.

4. Citizen Participation Plan. A copy of the citizen participation plan as required by Section 2.08.

5. A list of names and addresses for all property owners within 300 feet of the exterior boundaries of the property for which an application is made.

6. Filing Fee. Payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the change or amendment is initiated by the Council or the Commission or when the applicant is the Town, school district, special purpose district, county, state or federal government.

1. Determination of Complete Application. Before initiating review, the Development Services Director, or designee, shall review the submittal to determine if it is complete and meets the requirements of this section. Applicants will be notified of missing or incomplete application items. Once an application has been determined to be complete the applicant will be notified to pay the application fee. When the fee has been received, staff will begin review of the application.

2. Review. Utilizing standard review timelines and procedures, staff will conduct review and analysis of the proposed rezoning and development and will seek additional information and clarification from the applicant as necessary to prepare a report and recommendation to the Planning and Zoning Commission.

3. Planning and Zoning Commission and Town Council Review. After staff review and proper noticing, the rezoning or zoning text amendment will be scheduled for public hearings by the Planning and Zoning Commission and Town Council. For rezone changes, unless the applicant requests a delay in writing, staff shall place the requests on a Planning and Zoning Commission meeting agenda within three (3) months of receiving a complete application. After public hearing, the Planning and Zoning Commission will make a written recommendation to the Town Council. The request will be placed on the next available council agenda at least twenty-eight (28) days after the Planning and Zoning Commission action.

D. Notice. Notice of hearings by the Planning and Zoning Commission and the Town Council under this section may be provided separately or concurrently in the same notice. Hearing notices shall be given at least fifteen (15) days before the hearing in the following manner:

1. For changes to zoning district boundaries:

a. Notice of the time and place of the hearing(s) including a general explanation of the matter to be considered and a general description of the area affected shall be published at least once in a newspaper of general circulation published or circulated in Fountain Hills.

b. One (1) or more notices, as required by the Director, shall be posted on the property requesting the zoning amendment. The sign shall be a minimum two (2) feet wide by three (3) feet tall and printed with the word “zoning” in a minimum three and one-half (3 1/2) inch letters at the top. The notice shall also include: the present zoning district classification, the proposed zoning district classification, the proposed use of the property, and the location, date and time of the hearing(s). It shall be the responsibility of the applicant to erect and maintain the posting.

c. Notice of the time and place of the hearing(s) including a general explanation of the matter to be considered and a general description of the area affected shall be sent by first class mail to each real property owner, as shown on the current records of the county assessor, within 300 feet of the property requesting the zoning amendment.

2. For amendments to the zoning ordinance:

a. Notice of the time and place of the hearing(s) and the changes to the zoning ordinance shall be published at least once in a newspaper of general circulation published or circulated in Fountain Hills. The changes shall be published in a “display ad” covering not less than one-eighth (1/8) of a full page. The Town shall also send notice by first class mail to persons who register their names and addresses with the Town as being interested in receiving such notice. The Town may charge a fee not to exceed five dollars ($5.00) per year for providing this service.

3. If a properly noticed hearing is held and continued to a date certain, the notice procedures set forth in this subsection do not apply to the continued hearing or any future continuations of the same hearing that are continued in the same fashion.

4. Notwithstanding the notice requirements set forth in this subsection, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of a municipality for which the notice was given.

1. The Director shall fix a reasonable time for the hearing of the proposed zone change, amendment, or addition and shall give notice in accordance with the notice requirements in Section 2.01(D).

2. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state their name and town, and, if appearing on behalf of a person or organization, state the name and town of the person or organization being represented. The Presiding Officer may establish time limits for individual testimony and may require that individuals with shared concerns select one (1) or more spokespersons to present testimony on behalf of those individuals.

3. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest on any matter to be heard by it. Such investigation may be made by a committee of one (1) or more members of the body conducting the hearing or by members of its staff or its agents or employees. The facts established by such investigation shall be submitted to the body conducting the hearing either in writing, to be filed with the records of the matter, or in testimony before the body, and may be considered by the body in making its decision.

4. The body conducting the hearing shall cause a written summary of all pertinent testimony heard at such public hearing, together with a record of the names and addresses of all persons testifying, to be prepared and filed with the papers relating to such matter.

1. If the owners of twenty percent (20%) or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property file a protest in writing against a proposed amendment, the change shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the Town Council. If any members of the Town Council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths (3/4) of the remaining membership of the Council; provided, that such required number of votes shall not be less than a majority of the full membership of the legally established Council. 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 opposing the proposed amendment and filed in the office of the Town Clerk not later than 12:00 noon one (1) business day before the date on which the Council will vote on the proposed amendment or on an earlier time and date established by the Council.

2. For the purposes of this section, “zoning area” means both of the following:

a. The area within one hundred fifty (150) feet, including all rights-of-way, of the affected property subject to the proposed amendment or change; and

b. The area of the proposed amendment or change.

1. Planning and Zoning Commission. The Planning and Zoning Commission:

a. May recommend approval, approval with conditions, or denial, or may continue a proposed amendment.

b. May for any reason, when it deems such action necessary or desirable, continue such hearing to a time and certain place. However, if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance, the matter shall be automatically forwarded to the Council with a recommendation for denial.

c. Shall, unless waived by the applicant within ninety (90) days after the date of the original hearing, render its decision in the form of a written recommendation to the Council.

d. Shall include the rationale for its recommendation.

2. Town Council. The Town Council:

a. May approve, approve with conditions, deny, continue, or remand back to the Planning Commission for further study of boundary changes and/or a proposed amendment.

b. May, once the Commission has held a public hearing, adopt the recommendations of the Commission without holding a public hearing if there is no objection, request for public hearing, or other protest. Following proper notice as required in Section 2.01(D), the Council shall hold a public hearing if requested by the party aggrieved or any member of the public or of the Council. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission as specified in subsection D of this section. In addition, the Town may give notice of the hearing in such other manner, as it may deem necessary or desirable.

c. Shall not make any changes in any proposed zoning district boundaries or zoning district classification recommended by the Commission until such proposed changes have been referred back to the Commission for a report. Failure of the Commission to file a report back to the Council within a specified time response period shall be deemed to be approval of the proposed changes. The specified time period for a Commission response shall be sixty (60) days from the date of receipt of the recommended change(s), unless the Commission requests and the Council grants an extension of an additional sixty (60) days.

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

H. Reconsideration of Denied Amendments. In the event that an application for an amendment is denied by the Council, or is withdrawn after the Commission hearing, the Commission shall not consider the application or any other application for the same amendment of this section as it applies to the same property described in the original application, or any part thereof, within a period of one (1) year from the date of such denial action, or withdrawal unless the conditions, upon which the original denial or withdrawal was based, have changed.

I. Rezone to Open Space. In addition to the procedural regulations contained in this chapter, all of the following procedures are required to be met prior to rezoning land to the OSR or OSC or OSP zoning districts:

1. The property owner(s) and any lienholders of record shall specifically request, in writing, that the zoning district designation be applied to their property.

2. The property owner(s) and any lienholders of record shall sign a forbearance agreement that would be recorded in the office of the Maricopa County Recorder, stating that:

a. If the property is to be rezoned to the Open Space Recreational Zoning District, that the owner has voluntarily requested a zoning district designation that provides for little economic use of the property and that the owner is fully informed and aware of this fact.

b. If the property is to be rezoned to the Open Space Conservation Zoning District, that the owner has voluntarily requested a zoning district designation that provides for no viable economic use of the property and that the owner is fully informed and aware of this fact.

c. If the property is to be rezoned to the Open Space Preservation Zoning District, that the owner has either voluntarily requested, or has agreed to, a zoning district designation that provides for little economic use of the property and that the owner is fully informed and aware of this fact. (23-15, Amended, 12/19/2023)

Section 2.02 Special Use Permits

A. Purpose. Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district, but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this section to permit special uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses.

1. Complete Application. Applications for use permits shall be filed electronically on the Town’s website by an owner of real property within the area proposed for the special use using the process established by the Director for such applications. All such applications shall include the information required in this section.

2. Project Narrative. A written statement which includes:

a. A narrative describing the existing zoning, desired use of the property, and reasons justifying the proposed special use permit.

b. A map showing the particular property or properties for which the special use permit is requested and substantially the adjoining properties and the public streets and ways within a radius of three hundred (300) feet of the exterior boundaries thereof.

c. A true statement revealing any conditions or restrictions of record (if any) which would affect the permitted uses of the property and the date or dates (if any) of expiration thereof. If the applicant is not the current owner, or has owned the property for less than one (1) year, this statement should also include any real estate disclosures associated with the purchase of the property.

d. Such photographs, drawings, and other supporting documents (if any) as the applicant may desire to present.

3. A detailed site plan prepared in accordance with Section 2.04(B)(3) showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this Zoning Ordinance.

a. For previously developed sites the Development Services Director may allow deviations from the requirements of Section 2.04 provided the submitted site plan still provides the information needed by the Commission and Council to consider the impacts of the proposed use.

b. The applicant may request to have consideration of a conceptual site plan as part of the consideration of the special use permit. If the Development Services Director approves submission of a conceptual site plan with the special use permit, a final site plan in substantial conformance with the conceptual site plan must be submitted and approved as required by Section 2.04 before submittal of building construction plans.

4. A “Good Neighbor Statement” which provides, as applicable, the following:

a. The name and contact information of the property owner.

b. The name and contact information for the business.

c. A commitment to place emergency contact information on the property in a location that is visible to the public.

d. A statement regarding how potentially negative impacts of the proposed use will be mitigated.

e. A statement regarding a process for conflict resolution.

f. A statement regarding steps that will be taken to integrate into the surrounding neighborhood.

5. Citizen Participation Plan. A copy of the Citizen Participation Plan as required by Section 2.08.

6. A list of names and addresses for all property owners within three hundred (300) feet of the exterior boundaries of the property for which an application is made.

7. Filing Fee. Payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the change is initiated by the Council or the Commission or when the applicant is the Town, school district, special purpose district, county, state or federal government.

2. Staff Review. Staff will conduct review and analysis of the special use permit and will seek additional information and clarification from the applicant as necessary to prepare a report and recommendation to the Planning and Zoning Commission.

3. Review of a special use permit request will include any item specifically required by this section for a given special use permit plus the following:

a. The nature of the use and the special conditions influencing its location in the particular district;

b. The proposed location of buildings, parking and other facilities within the site;

c. The amount of traffic likely to be generated and how it will be accommodated; and

d. The influence that such factors are likely to exert on adjoining properties.

4. Following notice requirements, the special use permit will be scheduled for public hearings by the Planning and Zoning Commission and Town Council. Unless the applicant requests a delay in writing, staff shall place the request on a Planning Zoning Commission meeting within three (3) months of receiving a complete application. After public hearing, the Planning and Zoning Commission will make a recommendation to the Town Council. The request will be placed on the next available Council agenda at least twenty-eight (28) days after the Planning and Zoning Commission action.

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

1. Notice shall be published at least once in a newspaper of general circulation published or circulated in Fountain Hills.

2. One (1) or more notices as required by the Development Services Director shall be posted on the property. It shall be the responsibility of the applicant to erect and maintain the posting.

3. Notice shall be sent by first class mail to the real property owners within three hundred (300) feet of the external boundaries of the property for which application is made.

1. The Development Services Director shall fix a reasonable time for the hearing of the proposed special use permit and shall give notice in accordance with the Public Notice Requirements Deadline in subsection D of this section.

2. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state their name and town, and, if appearing on behalf of a person or organization, state the name and town of the person or organization being represented. The presiding officer may establish time limits for individual testimony and may require that individuals with shared concerns select one (1) or more spokespersons to present testimony on behalf of those individuals.

F. Action. It is the express intent of this section that any use for which a special use permit is required shall be permitted in the particular zoning district; provided, that all special conditions and requirements of this section are met.

1. Planning and Zoning Commission. The Planning and Zoning Commission:

a. May recommend approval, approval with conditions, or denial, or may continue a proposed amendment.

c. Shall, unless waived by the applicant, within ninety (90) days after the date of the original hearing, render its decision in the form of a written recommendation to the Council.

d. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town.

e. The Commission may make such recommendations to the Town Council concerning ways a proposed project may be acceptable and compatible to the area which may include:

i. Modifications to the “Good Neighbor Statement.”

ii. Additional landscaping, setbacks, or other similar measures to mitigate the impact of the proposed use.

iii. Adjustments to the location of proposed uses or activities on the site.

f. Shall include the rationale for its recommendation.

a. Town Council may approve, approve with conditions, deny, or continue a proposed amendment.

b. The action of the Council shall be final and become effective immediately.

1. The Council may establish a time limitation for special use permits. An application for a building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be submitted within six (6) months from the date of approval and secured within one (1) year. Any lapsing of the building permit prior to completion of the improvements will cause the special use permit to become null and void.

2. Unless otherwise stipulated by Council approval, if the use(s) approved through the special use permit are not established within eighteen (18) months from the date of Council approval, the special use permit shall become null and void.

3. Prior to the termination of an approved special use permit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. There shall be no use permit fee for this extension request.

4. No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1) year from the date of denial of said use permit.

1. Special use permits granted in accordance with the provisions of this section may be revoked by the Town Council, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permittee of a violation of a special use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10) days after notification, the owner/tenant should be notified that the Town Council will consider revocation of the permit at its next meeting.

2. Any special use permit issued by the Town Council shall be considered null and void if construction does not conform to the originally approved site plan. Any requests for deviations from the originally approved site plan shall be processed as a new use permit.

1. Zoning district regulations established elsewhere in this section specify that certain buildings, structures and uses of land may be allowed by the Town Council as conditional uses in a given district subject to the provisions of this section and to requirements set forth in district regulations. The Town Council is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon them.

2. Any building, structure or use existing on the effective date of the ordinance codified in this section which is reclassified as a special use by this section for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this section, and its continuance shall not be subject to issuance of a special use permit; provided, however, to the extent that such use fails to conform to the requirements of this section, it shall be considered nonconforming as described in Section 4.01, and its continuance shall be governed by all nonconforming use regulations applicable thereto.

3. Every special use permit issued shall be applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the special use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this section, shall become the responsibility of the property owner.

J. Modifications and Amendments. Following approval of a special use permit modifications and amendment can be considered as follows:

1. Modifications. Modifications are changes to the nature of the site or approved use and can be minor or major as described below. Minor modifications can be considered and approved administratively by the Development Services Director. Major modifications require review and consideration the same as described in this section for new applications.

a. A modification is considered minor if it does not materially alter the approved plan or other approval, will not intensify any potentially detrimental effects of the project and is consistent with the original findings and all conditions of approval.

b. A modification is considered major if it changes, eliminates or affects a condition of approval (whether adopted by resolution, ordinance or otherwise) such as a change to a discretionary permit, approved plan, or building plan or materially alters a previous approval or plan. Additionally, any modification not determined minor by the Development Services Director is a major modification.

2. Amendments. Amendments are changes to the use(s) approved through the special use permit. Amendments require review and consideration the same as described in this section for new applications. (22-07, Amended, 11/15/2022, Deleted and replaced)

Section 2.03 Temporary Use Permits

1. Purpose. Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district, but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this section to permit temporary uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses.

2. Requirement. A temporary use permit shall be required for any temporary use that is established on private property which is short-term or temporary in nature. Examples include uses specifically listed in this ordinance and other uses such as outdoor displays and sales, farmer’s markets, and events that utilize parking lots or otherwise use property in a way not part of the approved use. The requirement for a temporary use permit does not apply to any events that receive a special event permit as provided for in Article 8-3 of the Town Code or to mobile food vendors operating in compliance with Article 8-7 of the Town Code.

1. Complete Application. Applications for a temporary use permit shall be filed electronically on the Town’s website by an owner of real property, or authorized representative, for the property which will contain the proposed temporary use using the process established by the Director for such applications. All such applications shall include the information required in this section.

2. Project Narrative. A written statement which includes:

A. A narrative describing the temporary use of the property and reasons justifying the proposed temporary use.

B. A map showing the particular property or properties for which the temporary use permit is requested.

C. The date(s) and time(s) the temporary use will occur.

D. Such photographs, drawings, and other supporting documents (if any) as the applicant may desire to present.

3. A site plan drawn to scale showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this zoning ordinance. If structures are included that will need approval of a building permit, the site plan shall meet the requirements set forth in Section 2.04(B)(3). The Zoning Administrator may allow modifications to these requirements.

4. An applicant shall furnish the staff with any additional information the Zoning Administrator may consider relevant to investigation of the case. If the requested temporary use includes selling of products, the applicant must furnish approved Town business licenses for all vendors.

5. Filing Fee. Payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the change is initiated by the Council or the Planning Commission or when the applicant is the Town, school district, special purpose district, county, state or federal government. For applications requesting temporary uses specifically listed in the zoning ordinance, the fee shall be as set forth in the adopted schedule for temporary use permits. For all other applications, the fee shall be as set forth in the schedule for administrative use permits.

1. Determination of Complete Application. Before initiating review, the Development Services Director, or designee, shall review the submittal to determine if it is complete and meets the requirements of this section. Applicants will be notified of missing or incomplete application items. Once an application has been determined to be complete the applicant will be notified to pay the filing fee. When the fee has been received, the staff will begin review of the application.

2. Staff Review. Utilizing standard review timelines and procedures, the staff will conduct review and analysis of the temporary use permit and will seek additional information and clarification from the applicant as necessary to take action on the application.

A. It is the express intent of this section that any use for which a temporary use permit is required shall be permitted in the particular zoning district; provided, that all special conditions and requirements of this section are met. Therefore, the action of the staff shall be one of approval if the applicant agrees to conform to all applicable regulations and the conditions placed upon the permit by the staff. The Town shall issue the applicant a permit to be maintained at the location during the event.

B. Every temporary use permit issued shall be applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the temporary use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this section, shall become the responsibility of the property owner.

1. If there is any objection to the temporary use permit application or to the conditions stipulated by the staff, the matter may be appealed by the applicant to the Town Council. The Town Council shall determine if the temporary use permit is to be granted based upon its judgment as to whether the specified conditions have been or will be met; and whether such use can be compatible with the neighborhood and area where it is located. The staff and Council shall consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties.

2. Objections to the issuance of a temporary use permit shall be in writing. Such objections shall state the reason(s) for the objection and protest. The written objection must also contain the name, address, telephone number, and signature of the objector.

3. If there is a written objection received within ten (10) days of the commencement of the use allowed by the temporary use permit, the Zoning Administrator shall suspend the temporary use permit until Council renders a decision. The Council shall consider the application at the first regular meeting held not less than fifteen (15) days after receipt of said protest. At this meeting, the Council may render a decision on the matter or continue the matter to a specified date (but not later than the next regularly scheduled meeting).

4. In order to grant an appealed temporary use permit, the findings of the Council must be that the establishment, maintenance, or operation of the use applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town.

5. The Council may designate such conditions in connection with the temporary use permit, as it deems appropriate to secure the intent and purposes of this section and may require such guarantees and evidence that the applicant will comply with the conditions placed upon the temporary use permit.

1. Temporary use permits become effective on the date stated on the permit.

2. If any written protest is received, a temporary use permit is suspended and becomes effective either the day after the Council’s approval if no conditions for operation are outstanding, or the day after any outstanding conditions are met.

3. A time limitation for temporary use permits shall be made at the time of issuance. At no time shall a temporary use permit be granted for more than two (2) years. In no case, shall a termination date of a temporary use permit be automatically extended as a result of a delay on the applicant’s part to comply with the conditions stipulated in the temporary use permit or in securing a building permit.

4. A building permit for the construction of any improvements allowed by any temporary use permit issued by the staff or Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the temporary use permit to become null and void. Prior to the termination of this time limit, the staff or Council (whichever issued the temporary use permit) may reconsider said temporary use permit to determine if the permit should be reissued for an additional time period or be terminated.

5. No person shall reapply for the same or substantially the same temporary use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1) year from the date of denial of said temporary use permit.

1. Temporary use permits granted in accordance with the provisions of this section may be revoked by the Zoning Administrator, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permit holder of a violation of a temporary use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10) days after notification, the owner/tenant shall be notified that the temporary use permit is revoked.

2. Any temporary use permit shall be considered null and void if construction does not substantially conform to the originally approved site plan. Minor deviations from the originally approved site plan may be approved by the Zoning Administrator. Any requests for major deviations from the originally approved site plan shall be processed as a new temporary use permit. (24-15, Amended, 10/15/2024)

Section 2.04 Site Plan Review Regulations

1. Purpose. The purpose of these Site Plan review regulations is to provide for administrative review and approval of Site Plans and review for compliance with the architectural guidelines in Chapter 19 of the Zoning Ordinance prior to submitting for building construction plan review. This review process helps address any potential development issues early in the development process and ensure that the proposed building can be located on the lot in conformance with the intent and provisions of the General Plan, this Zoning Ordinance and all other relevant Town ordinances and polices. These Site Plan review regulations also provide for a two-step appeal of the Site Plan review administrative decision first to the Planning and Zoning Commission and second to the Town Council.

2. Applicability. All nonresidential developments, multifamily developments having five or more dwelling units, and mixed-use developments shall receive Site Plan approval prior to submission of construction plans related to a development, redevelopment, or expansion of existing development.

1. Complete Application. Applications for Site Plan review shall be filed electronically on the Town’s website by an owner of the real property within the area proposed for the Site Plan review using the process established by the Director for such applications. All such applications shall include the information required in this section.

2. Project Narrative. A written statement which includes:

a. A narrative describing the existing zoning, desired use of the property, and reasons justifying the proposed Site Plan.

b. A true statement revealing any conditions or restrictions of record (if any) which would affect the permitted uses of the property and the date or dates (if any) of expiration thereof. If the applicant is not the current owner, or has owned the property for less than one year, this statement should also include any real estate disclosures associated with the purchase of the property.

3. A fully dimensioned, detailed Site Plan drawn to scale, prepared by an Arizona registered Land Surveyor, an Arizona registered Civil Engineer, or an Arizona registered Architect, which shows the following:

a. Legal description, property dimensions and heading, along with the name, address and telephone number of the owner, developer and designer.

b. A generalized location map showing surrounding land use, zoning, and traffic circulation patterns within a 300-foot radius of the property, measured in all directions from the perimeter of the property lines. A north arrow and scale shall be provided.

c. Site conditions information, including:

i. A topographic survey extending at least 100 feet beyond the exterior property line of the site. Contour interval shall not exceed two feet within 20 feet of any proposed improvement and five-foot intervals for the remainder of the lot or parcel.

ii. Location and extent of major vegetative cover (if any). All Saguaro cacti over three feet in height must be identified as well as significant vegetation and rock outcroppings as defined in Article 1 of the Subdivision Ordinance.

iii. Location and extent of intermittent streams and water ponding areas.

iv. Existing drainage, including arrows showing direction of flow. Show any areas of ponding.

v. Natural features such as mesas, rock outcroppings, or streams and manmade features such as existing roads and structures, with indication as to which are to be retained and which are to be removed or altered.

vi. A slope analysis map with categories of less than 10 percent, 10 to 20 percent, 20 to 30 percent and 30 percent and above. Identify hillside disturbance areas and Hillside Protection Easement (H.P.E.) areas with areas of each totaled in a table. Demonstrate compliance with the hillside disturbance regulation of the Town’s Subdivision Ordinance, Section 5.04, or specifically identify variations from these requirements.

d. Proposed land use areas and specifications, including use standards of each area, as applicable:

i. Proposed dwelling unit type, total land area and maximum density of residential use areas.

ii. Proposed uses, total land area and maximum lot coverage. List the individual square footage of all nonresidential buildings and disturbance areas.

iii. Proposed public streetscape and public and private open space improvements and their relationship to the overall development.

iv. Building heights, minimum lot areas and setbacks. Show the size and dimensions of yards and spaces between buildings and show the location, type and height of walls and fences.

v. Building elevations and architectural renderings showing architectural theme colors and type of exterior building materials for each structure or group of structures; include all sides in both black and white and color (see Chapter 19 for Architectural Review Guidelines).

vi. A graphic representation of the proposed landscaping treatment, plant materials, fences, walls and other Site Plan and open space improvements, in accordance with the Subdivision Ordinance, Article 6.

vii. Proposed location and width of any arterial, collector or local streets.

viii. Proposed location and use of all lands proposed to be dedicated for public purposes including parks, storm water retention areas and school sites.

ix. If structures are proposed, show cross-sections through site and building at 25-foot intervals perpendicular to slope, giving percentage of slope at each, and showing exact heights of structures at each existing contour.

x. If structures are proposed, each floor level shall be shown with different shading with a legend giving grade or elevation of each level.

xi. If a garage(s) is proposed, the proposed elevation or grade at garage floor and at existing street level at drive entry. Give percentage of total average slope, and percent and length of single steepest portion of driveway.

xii. The individual square footage of buildings, garages, patios, footprint, and disturbance area.

xiii. All disturbed (or graded) areas and the proposed method of final treatment. Indicate all retaining walls, showing the actual heights.

xiv. Existing and proposed grades and drainage systems and how drainage is altered, how it is redirected to original channel and show that the requirements regarding storm water runoff and drainage have been met.

xv. Location, number of spaces, dimensions, circulation patterns, and surface materials for all off-street parking and loading areas, driveways, access ways, and pedestrian walkways. Show compliance with all parking lot landscape requirements (see Chapter 7, Parking and Loading Requirements). The acceptability of any proposed shared parking arrangement must be validated in a study prepared by an independent traffic expert approved by the Town and whose services are paid for by the applicant.

xvi. The location, dimensions, area, materials, and lighting of signage.

xvii. A lighting plan in conformance with Chapter 8 of this Zoning Ordinance; include a photometric plan showing foot candles of lighting in all parking lots.

xviii. Street dedications and improvements.

xix. The size and locations of all existing and proposed public and private utilities. All easements must be shown and given in writing.

xx. A phasing plan, if the project will be completed in phases, indicating which improvements will be completed in each phase.

xxi. A traffic analysis, unless waived by the Development Services Director.

e. If the site contains unique features requiring additional analysis, any other information the plan reviewer reasonably determines to be necessary to establish compliance with this Zoning Ordinance.

4. Fee. Payment of a filing fee established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be refundable. Payment of the filing fee shall be waived when the applicant is the Town, school district, special purpose district, county, state, or federal government.

1. Determination of Complete Application. Before initiating review, the Development Services Director, or designee, shall evaluate the submittal to determine if it is complete and meets the requirements of this section. Applicants will be notified of missing or incomplete application items. Once an application has been determined to be complete the applicant will be notified to pay the application fee. When the fee has been received, staff will begin review of the application.

2. Staff Review. Staff will conduct review and analysis of the Site Plan and will seek additional information and clarification from the applicant as necessary to take action on the application. Staff will inform the applicant of any revisions needed to bring the Site Plan into compliance with Town requirements.

3. The action of the staff shall be one of approval when the applicant submits a Site Plan which conforms to all applicable regulations and the conditions placed upon the Site Plan by the staff. Approval shall be documented by staff stamping the final Site Plan “approved.”

D. Appeals. The application for an appeal of an Administrative Site Plan review decision shall be made within 30 days of said decision and shall be accompanied by a filing fee in an amount established by the Town Council as part of its annual budget or by separate resolution. No part of the filing fee shall be refundable. Payment of the filing fee may be waived when the petitioner is the Town, the federal government or a county, state, school district, or sanitary district.

1. Any applicant for administrative Site Plan approval who is dissatisfied or aggrieved by the decision of the Planning and Zoning Division may, within 30 days, appeal the decision to the Planning and Zoning Commission. The Planning and Zoning Commission may approve, conditionally approve, continue to a later date or deny said Site Plan based on compliance with all provisions of this Zoning Ordinance.

2. Any applicant who is dissatisfied or aggrieved by the appeal decision of the Planning and Zoning Commission may, within 30 days, appeal their decision to the Town Council. The Town Council may approve, conditionally approve, continue to a later date or deny said Site Plan based on compliance with all provisions of this Zoning Ordinance.

1. A Site Plan approval becomes void if a building permit has not been issued within one year from the date of the approval.

2. If the applicant files for an extension prior to the Site Plan approval becoming void, an extension may be granted by the Planning and Zoning Division.

F. Site Plan Amendments. Following approval of a Site Plan, modifications to the site or building must be approved through approval of a Site Plan amendment following the procedures above. Site plan amendment may be considered minor or major as defined below. The fee for a minor Site Plan amendment shall be one-quarter the current Site Plan review fee. The Zoning Administrator shall determine if a Site Plan modification is minor or major using the criteria below:

1. A modification shall be considered minor if the Zoning Administrator determines the modification involves:

a. A change in landscape area or open space of less than 25 percent; or

b. A change in the total building footprint that is less than 10 percent of the initially approved building footprint; or

c. An increase in building height at any point that is less than 10 percent of the initially approved building height; or

d. Minimal adjustments to:

i. The building footprint, location, or orientation;

ii. The pad location;

iii. The configuration of a parking lot or drive aisles;

iv. Project amenities such as, but not limited to, recreational facilities, pedestrian amenities, fencing or other screening material;

v. Residential density; or

vi. the approved phasing plan;

e. Does not modify any specific conditions of approval for the original Site Plan.

2. A modification shall be considered major if it does not meet the requirements to be considered a minor Site Plan modification.

G. Special Use Permits – Temporary Use Permits. If the Site Plan is proposed for a property or use that will require approval of a special use permit or temporary use permit, the special use permit or temporary use permit must be considered and acted upon prior to approval of the Site Plan. The applicant may choose to have the Site Plan processed concurrently with a special use permit and considered by the Planning and Zoning Commission and Town Council with the special use permit. (23-06, Amended, 05/16/2023, Deleted and replaced)

Section 2.05 Violation and Enforcement

A. Prior to Building Permit: Prior to the issuance of a building permit, the Chief Building Official or designee shall ascertain that the Zoning Administrator and other reviewing agencies have approved the plans which are in conformance with those presented with the building permit application and that the time limitations imposed by this Zoning Ordinance have not elapsed.

B. During Construction: The Chief Building Official or designee shall ensure that all matters are undertaken according to the conditions of the approved Site Plan. In the event of a violation, the Building Inspector shall notify the permittee, by mail or written report that he is in violation of the conditions of the approved Site Plan. If the violation is not cured or a cure is not substantially begun, in the opinion of the Chief Building Official or designee, within 10 days after notification, the building permit shall be revoked and shall be null and void. Once commenced, the cure shall be pursued diligently until completion, but in no event shall any cure period exceed 30 days, unless approved in writing by the Chief Building Official.

Section 2.06 Planned Unit Developments

Planned Unit Developments (PUD) shall not be approved after September 1, 2016. Planned Unit Developments approved prior to September 1, 2016 shall be regulated according to the approved PUD on file with the Town’s Development Services Department.

Section 2.07 Appeals and Variances

A. Purpose. Appeals of decisions by an administrative officer of the Town in the application of this section may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision under the provisions of this section and who has standing to appeal pursuant to state law. Variances are authorized as set forth in A.R.S. § 9-462.06 and as set forth in this section.

B. Appeals to the Board of Adjustment. The Board of Adjustment may hear appeals made by any person who is aggrieved by the Zoning Administrator’s interpretation or administration of this section.

a. Complete Application. Appeals shall be filed electronically on the Town’s website using the process established by the Director for such applications within fifteen (15) days after the action appealed from.

b. The application shall include a narrative statement specifying the requested appeal and the grounds therefor.

c. Filing Fee. The application shall be accompanied by payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of the filing fee may be waived when the petitioner is the Town, school district, special purpose district, county, state or federal government.

2. Stay of Proceedings. The appeal stays all proceedings in the matter appealed from, unless the Zoning Administrator certifies to the Board that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the Board, on application and notice to the Zoning Administrator, or by a court of record.

a. Determination of Complete Application. Before initiating review, the Development Services Director, or designee, shall review the submittal to determine if it is complete and meets the requirements of this section. Applicants will be notified of missing or incomplete application items. Once an application has been determined to be complete, the applicant will be notified to pay the filing fee. When the fee has been received, staff will begin review of the application.

b. Staff Review. Staff will conduct a review and analysis of the appeal and will seek additional information and clarification from the applicant as necessary to prepare the appeal for consideration by the Board. Staff will inform the applicant of any revisions needed to bring the application into compliance with Town requirements.

c. Following notice requirements, the appeal will be scheduled for hearing by the Board of Adjustment at their next available meeting.

4. Notice. Notice of the hearing shall be made by publishing a notice thereof in the official newspaper of the Town and, if applicable, by posting the property affected not less than fifteen (15) days prior to the hearing. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered.

a. The Development Services Director shall fix a reasonable time for the hearing of the appeal and shall give notice in accordance with subsection (B)(4) of this section.

b. Any party may appear at the hearing in person or by agent or attorney. Parties shall have the right to present their case by oral or documentary evidence, to submit rebuttal evidence, and to conduct such inquiry of facts of opposing parties through the Chairperson. The Chairperson may limit or prevent questions or inquiries that are irrelevant or inappropriate. The Board shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence and in furtherance of this policy may limit cross-examination.

c. The Board may reverse or affirm, wholly or partly, or modify the order, requirement or decision of the Zoning Administrator or other staff members, appealed from and make such order, requirement, decision or determination, as it may deem necessary.

1. Purpose. Any aggrieved person may apply to the Board of Adjustment for a variance from the terms of the Zoning Ordinance 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 owner of privileges enjoyed by owners of other property of the same classification in the same Zoning District. Nothing herein contained shall be construed to empower the Board to change the terms of this section, to authorize uses which violate any other Town ordinance, to effect changes in the zoning map, or to add to or change the uses permitted in any zoning district.

a. Application. Applications for a variance shall be filed electronically on the Town’s website by an owner of real property impacted by the application of the Zoning Ordinance using the process established by the Director for such applications. All such applications shall include the information required in this section.

b. Project Narrative. A written statement which includes:

i. A narrative describing:

(1) The existing and proposed use of the property;

(2) The Zoning Ordinance provision that prohibits the desired development;

(3) The hardships that will occur if a variance is not granted; and

(4) The relief sought by the variance.

ii. A map or other illustration or documentation showing the nature of the property, the proposed development and/or other conditions justifying the variance request.

c. A list of names and addresses for all property owners within three hundred (300) feet of the exterior boundaries of the property for which an application is made.

d. Filing Fee. The application shall be accompanied by payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the change is initiated by the Council or the Commission or when the applicant is the Town, school district, special purpose district, county, state or federal government.

b. Staff Review. Staff will conduct a review and analysis of the proposed variance and development and will seek additional information and clarification from the applicant as necessary to prepare a report and recommendation to the Board of Adjustment.

c. Following notice requirements, the variance will be scheduled for hearing by the Board of Adjustment.

4. Notice. Notice of the hearing shall be made by publishing a notice thereof in the official newspaper of the Town and by posting the property affected not less than fifteen (15) days prior to the hearing. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered.

a. The Development Services Director shall fix a reasonable time for the hearing of the variance and shall give notice in accordance with subsection (C)(4) of this section.

b. Any party may appear at the hearing in person or by agent or attorney. Parties shall have the right to present their case by oral or documentary evidence, to submit rebuttal evidence, and to conduct such inquiry of facts of opposing parties through the Chairperson. The Chairperson may limit or prevent questions or inquiries that are irrelevant or inappropriate. The Board shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence and in furtherance of this policy may limit cross-examination.

a. A variance shall not be granted unless the Board finds sufficient evidence to make a determination that:

i. There are special circumstances applicable to the property, including its size, shape, topography, location, or surroundings; and

ii. Such special circumstances are preexisting and not created by the property owner or appellant; and

iii. 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; and

iv. Any variance granted will ensure 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.

b. No nonconforming use or violations of this section with respect to neighboring lands, structures, or buildings in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts, shall be considered grounds for granting a variance.

7. Action. In granting a variance, the Board may impose such conditions and safeguards as are appropriate to ensure that the purpose and intent of this section remain intact. Every variance shall be personal to the applicant therefor and shall be transferable and shall run with the land only after completion of any structure or structures authorized thereby.

D. Appeals From the Board. The decision of the Board shall be final; provided, however, that any person aggrieved by a decision of the Board may, at any time within thirty (30) days after the filing of the decision in the office of the Development Services Director, file a special action in the nature of certiorari with the Arizona Superior Court in and for Maricopa County for review of the Board’s decision. Allowance of the writ shall not stay proceedings upon the decision appealed from, unless the court shall grant a restraining order. If a special action is brought for review of a matter in which the Board held a hearing which was not stenographically or electronically recorded, then upon request of any party to the special action or the court, the Board shall forthwith arrange a hearing in accordance with the public hearing and posting requirements for a variance for the purpose of causing a stenographic or electronic record to be made of the evidence presented by the parties. If evidence is presented at this hearing which is new or different from that originally presented, the same shall be noted in the record by the Board Chairman. (24-20, Amended, 11/19/2024)

Section 2.08 Citizen Participation

A. Citizen Participation Plan. Every application for a major or minor general plan amendment, zoning map amendment, or special use permit shall be accompanied by a citizen participation plan designed to provide effective and early public participation into the proposed general plan amendment, zoning map amendment or special use permit. The citizen participation plan shall include, at a minimum, the following:

1. A contact list or method for notifying adjacent landowners and other potentially affected citizens of the proposed action, that shall include, but is not limited to:

a. Property owners within the maximum public hearing notice area required for the applicable type of application;

b. Homeowners’ associations and other neighborhood associations as identified by the Town that are located within the public hearing notice area required for the applicable type of application;

c. Interested parties that have requested in writing that they be placed on a contact list for these types of applications; and

d. Other interested parties that may have been identified by the Town.

2. A general description of how interested persons may obtain information or updates about the project, such as newsletters, mailings, social media, and meetings.

3. A general description of how interested persons will be provided an opportunity to discuss the proposal with the applicant, such as neighborhood meetings, phone contacts, email, virtual meetings, or door-to-door visits.

4. The applicant’s proposed schedule for implementation of the citizen participation plan.

5. A statement explaining how the applicant plans to keep the Town informed on the status of the implementation of its citizen participation plan, such as providing staff copies of notices prior to meetings with citizens, and contact lists used to notify potentially affected citizens.

B. Citizen Participation Report. Applicants shall provide a written citizen participation report to the Town detailing the results of the citizen participation plan at least ten (10) Town business days prior to the first scheduled public hearing. The citizen participation report shall include:

1. A list of names of all citizens and interested parties who contacted the applicant regarding the proposal or attended any meetings or presentations whether in person or virtually;

2. A summary of citizen concerns, issues, and problems expressed during the citizen participation process and how these have been addressed; and

3. Copies of comment letters, petitions, emails, and other pertinent information received from citizens or other interested parties.

C. The applicant must provide potentially affected citizens with enough information to create a reasonably accurate portrayal of the nature and scale of the proposed application, including:

1. A general location map showing the property or area considered by the application in context with surrounding property;

2. A specific site location map;

3. A tentative development plan or site plan, as applicable for the proposed application;

4. A list of any identified deviations from standard ordinance requirements being considered or requested for the development;

5. The current general plan or zoning classification and authorized uses of the property or area considered by the application and any proposed changes; and

6. The anticipated schedule for development.

D. Failure to comply with the citizen participation provisions of this section, or a determination by the Development Services Director that such efforts were insufficient to provide adequate opportunities for citizen participation, may result in postponement, rescheduling, or denial of an application.

E. The requirements in this section apply in addition to any notice provisions required elsewhere in this title or by the Arizona Revised Statutes. (21-02, Added, 09/07/2021)