Page City Zoning Code

ZONING PROCEDURES

§ 152.085 PURPOSE.

This chapter provides procedures and requirements for the preparation, filing, and processing of development applications and permits required by this chapter.

(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)

§ 152.086 COMMON PROCEDURES.

The preparation and filing of applications for land use permits, entitlements, amendments (e.g., general plan, zoning map, and zoning code), and other matters pertaining to this chapter shall comply with the following common procedures, unless an exception to the common procedure is expressly identified in subsequent and related sections of this chapter. Subsequent sections include additional provisions that are unique to each type of application, including staff and review board assignments and approval criteria.

(A) Pre-application conference.

(1) A pre-application meeting to discuss the nature of the proposed application, application submittal requirements, the procedure for action, and the standards for evaluation of the application shall be required for all proposed:

(a) General plan text amendments;

(b) Zoning code text amendments;

(d) Conditional use permits; and

(e) Variances.

(2) An applicant for a project not requiring pre-application review may request, in writing to the Director, such review. No fee is charged for this pre-application review service. The Director may require a pre-application review for projects that don't typically require one, if deemed appropriate for the project or development.

(B) Pre-application filing. Before filing any applications described by this section, the applicant shall submit a preliminary description of the proposal for review and comment by the Director and any other persons the Director deems appropriate. This preliminary description shall include, at minimum, a site plan and project narrative; both of sufficient scope and detail to allow a basic review of location, land area, land use, land use intensity, traffic generation and adjacent streets, stormwater drainage, utility services, and previous case history.

(1) After receipt of a proper preliminary description of the proposal, the Director shall schedule a pre-application conference. At the conference, the applicant, the Director or designee, and any other persons the Director deems appropriate to attend shall discuss the proposed development.

(2) Based upon the information provided by the applicant and the provisions of this code, the parties should discuss in general the proposed development, the applicable submittal requirements and standards of this code, and conditions that may be appropriate to meet the purposes and requirements of this code.

(D) Pre-application waivers. The Director may waive the requirement for a pre-application review based on a determination that no purpose will be served by the review.

(E) Pre-application completeness review meeting. Following the pre-application conference, but prior to filing any application described by this section, the applicant may request a pre-application completeness review meeting. Although not required, this meeting is recommended to allow staff the ability to complete a cursory review of the planned submittal material and identify if any required items are missing that may prevent an application from being accepted. This meeting should be scheduled several working days prior to the submittal deadline.

(F) Complete application submittal (administrative completeness review).

(1) Applications. Completed applications shall be submitted to the Planning and Zoning Department on a form and in such a manner as established by the Director.

(2) Application schedule of deadlines. In accordance with A.R.S. § 9-835, the Planning and Zoning Department shall publish an application schedule of deadlines prior to the beginning of each new calendar year, which prescribes the necessary monthly deadlines for submitting specified application types in advance of being processed, advertised and reviewed by the appropriate decision-making body pursuant to this chapter or the A.R.S.

(3) Authority to file applications. Any of the following persons or entities may submit an application:

(a) The owner of the property;

(b) An agent representing the owner, duly authorized to do so in writing by the owner.

(4) Payment, waiver and refund of application fees.

(a) Schedule of fees. The city shall establish fees for all application and permit types. The fee schedule shall be adopted by the City Council. Payment of the fee is required in order for an application to be complete and begin the review process. No application or permit shall be processed without payment of the applicable fee.

(b) Fee waiver or deferral. No fee shall be required when the applicant is the city.

1. Recognizing that filing fees are utilized to cover city costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds shall be issued due to a disapproval of an application.

2. In the case of an application withdrawal, the Director may authorize a partial or complete refund based upon the extenuating circumstances involved and the costs incurred to-date and determination of the status of the application at the time of withdrawal.

(G) Application completeness review. Each application filed with the Planning and Zoning Department shall be initially processed as follows:

(1) Completeness review. The Director shall review an application for completeness and accuracy before it is accepted as being complete and officially filed. The Director will consider an application complete when:

(a) All necessary application forms, documentation, exhibits, materials, maps, plans, reports and other information specified in the application form, and any additional information required by the Director have been provided and accepted as adequate.

(b) All necessary fees have been paid and accepted.

(2) Notification of applicant. If the application is determined to be complete, the application shall then be processed according to the procedures set forth in this chapter. If an application is determined to be incomplete, the Director shall provide written or electronic notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected in a resubmittal. The city will not keep incomplete or partial applications. It is the responsibility of the applicant to resubmit the entire complete application packet when ready to do so.

(3) Expiration of application. If a pending application is never made complete it shall expire. The fees paid by the applicant will remain in effect for six months after the first filing wherein it shall expire and be deemed withdrawn. Thirty days prior to that expiration date the planning staff shall notify the applicant in writing that the application will become inactive. Any refunds of fees shall then be processed according to § 152.086(B)(4).

(4) Extension of application. The Director may grant one six month extension upon written request of the applicant. After expiration of the application, and extension, if granted, a new application, including applicable fees, plans, exhibits and other materials will be required to commence processing of a new project application on the same property.

(H) Additional information. After the application has been accepted as complete, the Director and/or any decision-making body may require the applicant to submit additional information in order to evaluate fully whether an application complies with the requirements of this chapter, state, or federal law.

(I) Concurrent applications. When a project requires approvals under more than one section of the zoning code, the individual applications may be processed concurrently at the option of the Director and with the approval of the applicant; provided, however, rezoning applications may not be approved simultaneously with major general plan amendments. Rezone applications can only be approved sequentially after major GPA adoption; the rezone application will be cancelled if the major GPA is not adopted. Minor GPAs may be processed concurrently with other applications. The concurrent processing of applications shall be in all cases at the applicant's risk.

(J) Referral of application. At the discretion of the Director, or where otherwise required by this chapter, A.R.S., or federal law, an application filed in compliance with this chapter may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

(K) Citizen review process.

(1) Purpose. The purpose of the citizen review process is to provide a means for the applicant, surrounding residential neighbors, and registered neighborhood and homeowner's association representatives to review a preliminary development proposal and solicit input and exchange information about the proposed development. This citizen review process is intended to result in an application that is responsive to neighborhood concerns and to expedite and lessen the expense of the review process by avoiding needless delays, appeals, remands or denials. The applicant is responsible for all costs associated with the citizen review process.

(2) Applicability. In accordance with A.R.S. § 9-462.03, the following application types shall conduct a neighborhood meeting, unless as may be otherwise specified in this section, the city code, or A.R.S.

(a) General plan text amendments;

(b) Zoning code text amendments;

(d) Conditional use permits (optional);

(e) Variances (optional); and

(f) Major modification to an approved plan or condition of approval (when original approval requires neighborhood meeting).

(3) Neighborhood meeting schedule. The applicant shall be responsible for scheduling and facilitating the meeting. The applicant is required to hold one meeting, prior to the first public hearing on an application for a specific project, but may hold more if desired. The required meeting shall be held at least 15 calendar days before the first public hearing on the application. Attendance at the meeting by Planning and Zoning staff is not required and will be determined by the Director on a case-by-case basis.

(4) Neighborhood meeting location. Neighborhood meetings shall be held at a location near the subject property. The meeting shall be held on a weekday evening, or weekends at any reasonable time and in a publicly accessible location.

(5) Neighborhood meeting notification requirements. Notice of the meeting, which shall state a brief description of the application and include the date, time, and place of the meeting, shall be provided by the applicant as follows:

(a) Mailing a notice via U.S. first class mail not less than ten calendar days prior to the date of the neighborhood meeting to:

1. All real property owners, as shown on the latest Coconino County assessment records, within 300 feet of the outer boundary of the subject property. This notification area may be expanded if the general plan or other policy adopted by the City Council requires notification within a larger area or the Director determines the potential impact of the project extends beyond the required notification boundary;

2. Residents, registered neighborhoods, and homeowners associations that may be impacted as a result of the application, and other neighborhood entities identified by the city;

3. Interested parties which have requested they be placed on a contact list for this application; and

4. Potentially interested parties that have been identified by the city.

(b) Neighborhood meeting summary. The applicant shall submit to the Director seven calendar days before the first public hearing on the matter a written summary of the meeting. The following information shall be included in the meeting summary, at a minimum: date, time, and location of the meeting; a copy of the mailing list and meeting sign-in sheet, a summary of how the applicant has addressed or proposes to address the issues, concerns, and objections identified during the meeting.

(L) Application review and report (substantive review). After determining that a development application is complete, the Director shall refer the application to the appropriate review agencies and city staff, including the site plan review committee (SPRC), who will be given a minimum of ten calendar days to review the submitted materials, provide written review comments as needed, and come together in a SPRC meeting with the applicant and their engineer and/or other representatives, on the appropriate designated Thursday (or another more appropriate day of the week selected by the committee) next following the required ten calendar day minimum review period, where any issues will be shared and addressed by the attendees. The applicant can address any issues during the SPRC meeting, and if plan revisions are required, they must be made and resubmitted to the Director when completed for a final review by the SPRC without the need to reconvene as a committee, to ensure all required issues have been addressed. Upon receiving final approval by the SPRC, the Director or designee shall prepare a staff report. The staff report shall be made available for inspection and copying by the applicant and the public prior to the scheduled public hearing on the development application. The staff report shall indicate whether, in the opinion of the staff, the development application complies with all applicable standards of this and any other applicable city codes. Conditions for approval may be recommended by staff or members of the SPRC to eliminate any areas of noncompliance or mitigate any adverse effects of the development proposal.

(M) Public notice requirements. Public notification required under this chapter, shall be subject to the following requirements, unless as may be otherwise specified in the city code or as set forth in applicable law. Any changes to Arizona Law notice requirements shall have control over this provision in the manner of providing notice.

(N) Notice requirements. Notice requirements specific to each type of application are found in the correlating §§ 152.088 through 152.096 below.

(O) Content of public notice. All required notifications as specified in each correlating section for the different types of applications shall include; the date, time, and place of the hearing; a general explanation of the matter to be considered; a general description of the area affected; and indicate where additional information on the matter may be obtained. If the matter to be considered applies to territory in a high noise or accident potential zone as defined in A.R.S. § 28-8461, the notice shall include a general statement that the matter applies to property located in the high noise or accident potential zone.

(1) Specific notice requirements. Notice requirements specified in each correlating section for the different types of applications shall be provided as follows:

(2) Published notice. A public hearing display ad (per A.R.S. § 9-462.04) shall be placed by the city, at least once in a local newspaper of general circulation within the city. The advertisement shall be published at least 15 calendar days prior to the public hearing.

(3) Mailed notice. A notice of public hearing shall be sent by the city, via U.S. first class mail, at least 15 calendar days prior to the public hearing. The applicant shall be responsible for providing the city with mailing labels containing the names and addresses of:

(a) The applicant or representative and owners of the subject property;

(b) All real property owners, as shown on the latest Coconino County assessment records, within 300 feet of the outer boundary of the subject property. This notification area may be expanded if other policy adopted by the City Council requires a larger notification area or the Director determines the potential impact of the project extends beyond the required boundary;

(c) Residents, registered neighborhoods, and homeowners associations that may be impacted as a result of the application, and other neighborhood entities as determined by the Director;

(d) Interested parties which have requested that they be placed on a contact list for this application;

(e) Interested parties that have been identified by the city;

(f) If the proposed project involves land that abuts other municipalities or unincorporated areas of Coconino County or a combination thereof, notice of the public hearing shall be sent to the planning agency of the adjacent governmental unit.

(g) If the proposed project involves land that is located within the territory in the vicinity of a military airport or ancillary military facility as defined in A.R.S § 28-8461, notice of the public hearing shall be sent to the military airport.

(4) Posted notice. A notice of public hearing shall be posted by city on the lot, parcel, or tract of land that is the subject of the application. A minimum of one posting shall be placed in a manner that is clearly visible from the most heavily traveled public right-of-way adjoining the subject property and shall be placed at least 15 calendar days prior to the public hearing. Such notice shall be composed of weatherproof materials and shall be printed so that the following are visible from a distance of 100 feet: the application type, the application request (i.e. for a zoning map amendment display the present and proposed zoning district classification) and the date, time, and location of the hearing. The city shall update the sign as needed and maintain the sign in good condition throughout the required posting period. The posting shall be removed no later than ten days after the final public hearing and final action.

(5) Neighborhood meeting. A notice of neighborhood meeting shall be provided as specified in division (K)(5) above.

(6) Multiple notices. When multiple applications are under review for the same project, the responsible noticing body as specified in this section may simultaneously issue notice for multiple applications.

(7) Validity of notice. The validity of the public hearing proceedings shall not be affected by the failure of any person to receive notice or by the presence of minor defects in the notice. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notices' primary intent to inform affected parties of the project and the time, date, and place of a public hearing or meeting.

(P) Public hearing. A public hearing, if required under this chapter, shall be conducted in accordance with the requirements of this chapter, unless otherwise specified in the city, or as set forth in A.R.S.

(Q) Written decision. The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant within 15 days from the decision. All decisions shall include a statement of approval, approval with conditions, or denial, whichever is appropriate.

(R) Limitation on reapplication. In the event that an application is denied, an application that is substantially the same project or request will not be considered for a period of one year from the date the initial application was denied, except as follows:

(1) A substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decision-making body's application of the relevant review standards to the development proposed in the application;

(2) A new application is proposed to be submitted that is materially different (e.g., proposes new uses, or a substantial decrease in proposed densities and intensities) from the prior application; or

(3) The final decision on the application was based on a material mistake of fact or the foregoing.

(S) Reconsideration or rehearing of decisions.

(1) Decisions of any appointed body under this chapter may be brought up for reconsideration or rehearing only if:

(a) There was substantial procedural error in the original proceeding;

(b) The Director or body acted without jurisdiction in the original proceeding;

(d) Reconsideration is appropriate to avoid delay or hardship that may be caused by an appeal; or

(e) As requested by a member of the body whose vote was included in the side that prevailed in the motion to be reconsidered.

(2) Any person seeking reconsideration or a rehearing must file a request with the Director, together with materials supporting one or more of the grounds stated in this section, within 15 days of the original decision, or within the timeframe established under state law if applicable. The appointed decision-making body, by majority vote, may decide to hold a rehearing if the rehearing request meets requirements of divisions (I)(a) through (c) of this section. A rehearing shall be conducted in the same manner as the original proceedings before the Director or appointed body.

(T) Amendments to permits or other forms of approval. An approved development or new land use shall be established only as specified by the approved land use permit, and subject to any conditions of approval. An applicant may request, in writing, to amend the approved permit, and shall furnish appropriate supporting materials and an explanation of the reasons for the request.

(1) Minor changes may be approved, modified, or denied by the Director. Major changes shall be approved, modified or denied by the original review authority.

(2) The Director shall determine whether a proposed change is major or minor. The determination that the change is major depends on whether the proposal may result in:

(a) Significant impacts to the surrounding neighborhood;

(b) Significant environmental impacts;

(d) A change to the basis upon which the review authority made the findings for project approval.

(e) Major change requests shall be processed in the same manner as the original permit or entitlement.

(U) Appeals. This section sets forth the procedures for appeals except for appeals filed pursuant to division (L) of this section. Any decision within the authority of the decision-making body may be appealed, unless the zoning code provides that the decision is final.

(1) Applicability. The appropriate decision-making body for each appeal type is identified in §§ 152.088 through 152.096. General appeals in which it is alleged there is an error in an order, requirement or decision made by the Director in the enforcement of this zoning ordinance shall be made to the Board of Adjustment pursuant to the provisions of this division (K).

(2) Appeal process.

(a) Filing of appeal.

1. Appeals to the Board of Adjustment may be taken by persons aggrieved or by any officer, department, board or bureau of the municipality affected by a decision of the Director. An appeal shall be filed with the Planning and Zoning Department on a form established by the Director. Within five working days after the appeal is filed, the Director shall transmit all records pertaining to the action appealed from to the Board. The appeal shall set forth the decision or decisions being appealed and the grounds upon which the appeal is based. The appeal shall be accompanied by any applicable fees.

2. A person aggrieved by a decision of the legislative body or Board of Adjustment or a taxpayer who owns or leases the adjacent property or a property within 300 feet from the boundary of the immediately adjacent property, an officer or a department of the municipality affected by a decision of the legislative body or Board, may file a complaint for special action in the superior court to review the legislative body or Board of Adjustment decision.

(b) Appeal period. All appeals shall be filed within 15 calendar days of the decision, except for appeals from decisions of the Board of Adjustment or City Council. An appeal from any decision regarding a City Council or Board of Adjustment action (e.g., variances, text or map amendments) shall be filed with the Superior Court within 30 days of the decision. If no appeal is filed in writing within the relevant 15 or 30-day protest period, the original decision shall be considered final.

(c) Proceedings stayed by appeal. The timely filing of an appeal, except for appeals related to the Director's interpretation or enforcement of this chapter, shall stay all proceedings in the matter appealed.

1. Appeals made to the Board of Adjustment in regard to the Director's interpretation or enforcement of this chapter shall stay all proceedings in the matter appealed from, unless the Director certifies to the Board that, in the Director's opinion by the facts stated in the certificate, a stay would cause imminent peril to life or property. Upon such certification, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the Director.

2. Filing a complaint in Superior Court does not stay proceedings on the decision sought to be reviewed, but the court may, on application, grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed.

(d) Public notice. Prior to consideration of any appeal for which state law or the zoning code requires a public hearing, the city shall provide public notification in compliance with § 152.089(E) or as required by state law, whichever requires the most notice.

(e) Standards. When reviewing any decision on appeal, the decision-making body shall use the same standards for decision-making required for the original decision.

(f) Hearing body action. Public hearings shall be conducted in accordance with the requirements of this chapter, unless as may be otherwise specified in this city code or as set forth in A.R.S. The decisionmaking body for the appeal shall deny or grant the appeal or the decision-making body may remand the matter to the original decision-making body for reconsideration, for additional information or to cure a deficiency in the record or proceeding. The decision-making body shall render its decision within 30 days of the date the hearing is closed unless state law requires a shorter deadline.

(V) Appeals of dedications or exactions to hearing officer.

(1) Any requirement of a dedication or exaction as a condition of granting approval for the use, improvement, or development of real property may be appealed to a hearing officer appointed by the City Council. This division shall not apply to legislatively imposed dedications or exactions in which no discretion by the Director or administrative officer to determine the nature or extent of the dedication or exaction was exercised. In the event of such an appeal, the Director shall prepare a takings impact report. No fee shall be charged for filing an appeal under this section and such appeal shall be conducted as required by A.R.S. § 9-500.12.

(2) Appeal of decision of zoning hearing officer. A property owner aggrieved by a decision of the zoning hearing officer to modify or affirm a dedication or exaction requirement or to affirm a zoning regulation may file within 30 days after the decision a complaint in Superior Court, pursuant to A.R.S § 9- 500.12G.

(W) Effective date and exercising approval at risk.

(1) A final decision on an application for any discretionary approval subject to appeal (e.g., a conditional use permit, variance, or site plan approval) shall become effective after the expiration of the appeal period following the date of action, unless an appeal is filed. No building permit or business registration shall be issued until the day following the expiration of the appeal period, unless, in accordance with division (M)(2) below, the applicant signs a waiver explaining that they understand and accept the risk of proceeding before the appeal period ends.

(2) An approved conditional use permit or variance or an interpretation favorable to the applicant may be exercised at the applicant's sole risk, and a building permit (if required) may be issued subsequent to approval by the city's Chief Building Official. However, if an appeal of the decision is filed in accordance with the provisions of this chapter that reverses in whole or in part or modifies the decision and that causes any construction or use commenced as a result of exercising the decision to be in conflict with the appellate body's decision, then such building permit may be revoked in accordance with the appellate body's decision and any such construction or use may constitute a violation of this chapter and may be subject to removal or cessation by the applicant, property owner, or his or her agent.

(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)

§ 152.087 APPROVAL OF RESIDENTIAL ZONING APPLICATIONS.

(A) Administrative completeness review time frame. For each residential zoning application, the Director shall designate a staff member to review the application. The designated city staff member shall determine whether the application is administratively complete within 30 days after receiving the application. If the application is deemed administratively incomplete, the staff member will provide the applicant with a written notice that includes a comprehensive list of the specific deficiencies. Upon issuance of the written notice, the administrative completeness review time frame and overall time frame contained in this section are suspended until the staff member receives the resubmitted application. The staff member shall have 15 days to review the resubmitted application and determine whether every deficiency has been resolved for administrative completeness.

(B) Approval or denial of residential zoning applications. After determining that a residential zoning application is administratively complete, the City Council shall approve or deny the application within 180 days. The city may extend the time frame to approve or deny beyond 180 days as follows:

(1) Staff may grant a one-time extension of not more than 30 days for extenuating circumstances; or

(2) Staff may grant extensions in 30 day increments at the request of the applicant.

(1) Land that is designated as a district of historical significance pursuant to A.R.S. § 9-462.01(A);

(2) An area that is designated as historic on the National Register of Historic Places; or

(3) Land that is already zoned as a planned area development (PAD).

(Ord. 739-25, passed 5-28-2025)

§ 152.088 GENERAL PLAN AMENDMENT.

(A) Purpose and applicability. The purpose of this section is to provide procedures by which changes may be made to the text or maps of the general plan.

(B) Initiation of amendments. An amendment to the general plan text or maps may be initiated by:

(1) City Council on its own motion;

(2) The Planning and Zoning Commission;

(3) The Director; or

(4) The owner of the subject property or authorized agent.

(1) Major amendments. All applications for major amendments to the general plan shall be heard by the City Council at a single hearing during the calendar year in which they are filed. Applications for major amendments shall be filed by the date provided on the application schedule in order to be considered in that calendar year.

(2) Minor amendments. Applications for minor amendments may be filed and heard at any time during the calendar year.

(D) General plan amendment application process.

GENERAL PLAN AMENDMENT (See § 152.086 above for details)
Review and Approval Authority
Review and Approval Authority	Director	RVW	Note: RVW = Review REC = Recommend DEC = Decide
	Board of Adjustment
	P & Z Commission	REC
	City Council	DEC
Required Notifications and Citizen Review Process
Required Notifications & Citizen Review Process	Published	Yes	Note: Per A.R.S. § 9-461.06 - At least 60 days before a new general plan or major amendment of a general plan is noticed pursuant to this section, the Planning & Zoning Department shall transmit the proposal to the Planning Commission and the City Council and shall submit a copy for review and further comment to: (a) The Coconino County Planning Agency; (b) Each municipality that is contiguous to the corporate limits of the city; (c) The regional planning agency; (d) The state agency that is designated as the general planning agency for the State of Arizona; (e) Any ancillary military facility as defined under state law. if an element of or amendment to the general plan is applicable to territory in the vicinity of such a facility; (f) The Attorney General, if an element of or major amendment to the general plan is applicable to property in the high noise or accident potential zone of any ancillary military facility, as defined under state law; and (g) Any person that requests in writing to receive a review copy of the proposal.
	Mailed	Yes
	Posted	Yes
	Neighborhood Meeting	Yes
General Plan Amendment Approval Process
Pre-Application Conference	Required - Yes/No	Yes	Note: N/A
Application Review and Staff Report Required	Required - Yes/No	Yes	Note: Director shall review amendment and create staff report for the P&Z Commission.
Notification of two public hearings	Required - Yes/No	Yes	Note: Notification required a minimum of 15-days in advance and not more than 30-days before the subject public hearing(s). Advertise both public hearings in one public notice if possible, otherwise independently advertise each one separately.
P&Z Commission review and recommendation	Required - Yes/No	Yes	Note: The P&Z Commission shall conduct at least one public hearing for all general plan amendments where they may recommend the approval, approval with modifications or denial of the proposed amendment. If they fail to make a recommendation to the City Council within 90 days after closing the public hearing, the P&Z Commission shall be deemed to have recommended denial and the application shall be scheduled for public hearing and action by the City Council.
City Council review and action	Required - Yes/No	Yes	Note: The City Council shall review the application in a public hearing. The City Council may approve, approve with modifications or deny the application. Approval of any major amendment to the general plan shall require an affirmative vote by at least 2/3 of the members of the Council. Approval shall be by resolution.
Written notification to applicant	Required - Yes/No	Yes	Note: The decision to approve, approve with conditions, or deny shall be communicated in writing to the applicant in compliance with § 152.086(G).
Issues for Consideration	Required - Yes/No	Yes	Note: In determining whether to approve, approve with conditions, or deny proposed general plan amendments, issues for consideration shall include but not be limited to: (1) Whether the development pattern contained in the future land use plan provides appropriate optional sites for the use proposed in the amendment; (2) That the amendment constitutes an overall improvement to the general plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time; (3) The degree to which the proposed amendment will impact the community as a whole or a portion of the community by: (a) Significantly altering acceptable existing land use patterns;
Issues for Consideration Cont.			(b) Requiring larger and more extensive improvements to roads, sewer, or water systems than are needed to support the prevailing land uses in which, therefore, may negatively impact development of other lands. The Commission and/or the City Council may also consider the degree to which the need for such improvements will be mitigated pursuant to binding commitments by the applicant, a public agency, or other sources when the impacts of the uses permitted pursuant to the general plan amendment will be felt; (c) Adversely impacting existing uses due to increased traffic on existing systems; or (d) Affecting the livability of the surrounding area or the health and safety of present or future residents; (4) That the amendment is consistent with the overall intent of the general plan; (5) Whether there was an error or oversight in the original general plan adoption that did not fully consider facts, projects or trends which could reasonably exist in the future; (6) Whether events subsequent to the general plan adoption have superseded the original premises and findings made upon plan adoption; (7) Whether events subsequent to the general plan adoption may have changed the character and/or condition of the area so as to make the application acceptable; and (8) The extent to which the benefits of the plan amendment outweigh any of the impacts identified in divisions (E)(1) through (8) hereto.
Appeals Process
Appeals	Appeals to the action of City Council for General Plan Amendments shall be filed in accordance with § 152.086 above.		Note: An appeal from any final decision regarding a City Council action shall be filed with the Superior Court within 30 days of the decision. If no appeal is filed in writing within 30 days, the decision shall be considered final.

(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)

§ 152.089 AMENDMENTS TO ZONING CODE TEXT.

(A) Purpose and applicability. The purpose of this section is to provide procedures consistent with applicable state requirements by which changes may be made to the text of the zoning code.

(B) Initiation of amendments. An amendment to the text of this code may be initiated by:

(1) City Council on its own motion;

(2) The Planning and Zoning Commission;

(3) The Director; or

(4) An application filed by an individual or group.

AMENDMENTS TO ZONING CODE TEXT (See § 152.086 above for details)
Review and Approval Authority
Review and Approval Authority	Director	RVW	Note: RVW = Review REC = Recommend DEC = Decide
	Board of Adjustment
	P & Z Commission	REC
	City Council	DEC
Required Notifications and Citizen Review Process
Required notifications and citizen review process	Published	Yes	Note: In place of a neighborhood meeting, a citizen review session shall be held at a work session of the P&Z Commission scheduled at least five days prior to the public hearing at the P&Z Commission for the consideration of any proposed text amendment. Landowners and other citizens potentially affected by the proposed text amendment shall have an opportunity to comment on the proposal. Notice of the citizen review session shall be given by the applicant at least ten days prior to the work session. The notice shall state the date, time, and place of the citizen review session and shall include a general explanation of the proposed text amendment. The method of notice to be used may vary according to the type of text amendment proposed. Any method of notice approved by the Director for the proposed text amendment shall be considered sufficient. The method of notice given may include, but is not limited to, the following: 1. A notice of a citizen review session shall be sent, via U.S. first class mail, to landowners, citizens potentially affected by the proposed text amendments, and any person or group who has specifically requested notice regarding the application; 2. Publication in a local newspaper of general circulation distributed to residents living within the city; 3. Posting at a minimum of three public places within the city; or 4. Posting on the official city website.
	Mailed	Yes
	Posted	Yes
	Neighborhood meeting - P&Z Commission work session	Yes
Amendments to Zoning Code Text Approval Process
Pre-Application Conference	Required - Yes/No	Yes	Note: At minimum a zoning text amendment application shall include a written narrative identifying the section of the code to be amended, the proposed revised zoning text, how the proposed zoning text conforms with the general plan and why the text amendment is necessary, plus any other information identified in the pre-application meeting and all required information stated elsewhere in this code for a zoning text amendment.
Application Review and Staff Report Required	Required - Yes/No	Yes	Note: Upon receipt of a complete text amendment application, the Director shall review the proposed text amendment for consistency with the goals and objectives of the general plan, and prepare a staff report for transmittal to the Planning and Zoning Commission in accordance with § 152.086 (D).
Notification of two public hearings	Required - Yes/No	Yes	Note: Amendments to the text of this chapter involving either a 10" or more increase or decrease in the number of square feet or units that may be developed, a 10% or more increase or reduction in the allowable building height, an increase or reduction in the number of stories of buildings, a 10% or more increase or decrease in setback or open space requirements, or a change in permitted uses, shall be subject to notice requirements as set forth below or if amended per A.R.S. § 9-462.04. The city shall provide, at least 15 calendar days prior to the public hearing, notice to real property owners pursuant to at least one of the following 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. If the municipality issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the municipality shall include notice of such changes with such utility bills or other mailings. 3. The municipality shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the municipality. The changes shall be published in a "display ad" covering not less than of a full page. 4. If notice is provided pursuant to divisions 2. or 3. above, the municipality shall also send notice by first class mail to persons who register their names and addresses with the city as being interested in receiving such notice.
P&Z Commission review and recommendation	Required - Yes/No	Yes	Note: The P&Z Commission shall conduct at least one public hearing for all general plan amendments where they may recommend the approval, approval with modifications or denial of the proposed amendment. If they fail to make a recommendation to the City Council within 90 days after closing the public hearing, the P&Z Commission shall be deemed to have recommended denial and the application shall be scheduled for public hearing and action by the City Council.
City Council review and action	Required - Yes/No	Yes	Note: The City Council shall review the application in a public meeting; or a public hearing if any member of the public provides written objection to the recommendation of the Planning and Zoning Commission; and approve, approve with modifications, or deny the application. Approval shall be by ordinance. If a public hearing is held, public notification shall be provided in compliance with § 152.086(C).
Written notification to applicant	Required - Yes/No	Yes	Note: The decision to approve, approve with conditions, or deny shall be communicated in writing to the applicant in compliance with § 152.086 (G).
Issues for consideration	Required - Yes/No	Yes	Note: In determining whether to approve, approve with conditions, or deny proposed text amendments, issues for consideration shall include but not be limited to: 1. The proposed amendment will promote the public health, safety, and general welfare; 2. The proposed amendment is consistent with the general plan and the stated purposes of this development code; and 3. The proposed amendment is necessary or desirable because of changing conditions, new planning concepts, or other social or economic conditions.
Appeals Process
Appeals	Appeals to the action of City Council for amendments to the zoning code text shall be filed in accordance with § 152.086 above.		Note: An appeal from any final decision regarding a City Council action shall be filed with the Superior Court within 30 days of the decision. If no appeal is filed in writing within 30 days, the decision shall be considered final.

(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)

§ 152.090 AMENDMENT TO OFFICIAL ZONING MAP (ZONE CHANGE).

(A) Purpose and applicability. The purpose of this section is to provide procedures consistent with applicable state requirements by which changes may be made to the official zoning map. This procedure shall apply to all proposals to revise a zoning district classification or zoning district boundary line shown on the official zoning map.

(B) Initiation of amendments. An amendment to the official zoning map may be initiated by:

(1) City Council on its own motion;

(2) The Planning and Zoning Commission;

(3) The Director; or

(4) The owner of the subject property or authorized agent.

ZONE CHANGE ZONING MAP AMENDMENT (See § 152.086 above for details)
Review and Approval Authority
Review and Approval Authority	Director	RVW	Note: RVW = Review REC = Recommend DEC = Decide
	Board of Adjustment
	P & Z Commission	REC
	City Council	DEC
Required Notifications and Citizen Review Process
Required notifications and citizen review process	Published	Yes	Note: The applicant shall schedule and conduct a neighborhood meeting in accordance with the procedures set forth in § 152.086(C). Publications shall be provided in accordance with § 152.086(E), where notice of the neighborhood meeting and both public hearings shall be published in one public notice.
	Mailed	Yes
	Posted	Yes
	Neighborhood meeting - P&Z Commission work session	Yes
Zone Change Zoning Map Amendment Approval Process
Pre-application conference	Required - Yes/No	Yes	Note: A complete application for a zoning map amendment shall be submitted to the Director as required by § 152.086(B). At a minimum a zoning map amendment application shall include: 1. Proof of ownership; 2. A notarized and executed Arizona Proposition #207 Waiver. 3. A written narrative identifying how the proposed zoning conforms with the general plan, fits in with the surrounding neighborhood, and why it is more appropriate for the property than the existing zoning; 4. A site plan showing the footprint of all existing and proposed buildings, parking configuration, location of all utilities and casements, and other details demonstrating conformance with all regulations and development standards applicable to the proposed zoning district; 5. A map showing adjoining zoning districts within 300 feet; 6. A list of all property owners within 300 feet; and 7. The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this code for an amendment to the zoning map.
Application review and staff report required	Required - Yes/No	Yes	Note: Upon receipt of a complete zoning map amendment application, the Director shall review the proposed zoning map amendment and prepare a staff report for transmittal to the PZ Commission in accordance with § 152.086(D).
Notification of two public hearings	Required - Yes/No	Yes	Note: Publications shall be provided in accordance with § 152.086(E), where notice of the neighborhood meeting and both public hearings shall be published in one public notice.
P&Z Commission review and recommendation	Required - Yes/No	Yes	Note: The P&Z Commission shall review the application in a public hearing, and recommend approval, approval with conditions, or denial of the subject application. Protest procedures. If the owners of 20% or more either of the area of the lots included in a proposed zoning change, or of those immediately adjacent in the rear or any side thereof extending 150 feet therefrom, or of those directly opposite thereto extending 150 feet from the street frontage of the opposite lots, file a protest in writing against the proposed amendment, it shall not become effective except by the favorable vote of four of the members of the City Council. The protest shall be filed in writing with the City Clerk at least five days prior to the public hearing or any continued public hearing of the City Council to allow time to verify the signatures on the protest.
City Council review and action	Required - Yes/No	Yes	Note: The City Council shall review the application in a public meeting; or a public hearing if any member of the public provides written objection to the recommendation of the Planning and Zoning Commission; and approve, approve with modifications, or deny the application. Approval shall be by ordinance. If a public hearing is held, public notification shall be provided in compliance with § 152.086(E). See Protest Procedures in P&Z Commission Review and Recommendation Notes above.
Written notification to applicant	Required - Yes/No	Yes	Note: The decision to approve, approve with conditions, or deny shall be communicated in writing to the applicant in compliance with § 152.086 (G).

ZONE CHANGE ZONING MAP AMENDMENT Cont.
Zone Change Zoning Map Amendment Approval Process Cont.
Issues for consideration	Required - Yes/No	Yes	Note: In determining whether to approve, approve with conditions, or deny proposed official zoning map amendments, issues for consideration shall include but not be limited to: 1. Consistency (or lack thereof) with the general plan, and other adopted plans; 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood; 3. Suitability of the subject property for uses permitted by the proposed zoning district; 4. Suitability of the subject property for uses permitted by the existing district; and 5. Availability of sewer and water facilities. Revocation or modification. If City Council approves a Zoning Map amendment with a condition that is required to be completed within a specific time period and the condition is not satisfied within that time period, the following actions may be taken: 1. The City Council or P&Z Commission may initiate an amendment to remove the condition or extend the time period and direct the Director to prepare an ordinance to do the same pursuant to the procedures set forth in § 152.090(C)(5) through (8); 2. The City Council or P&Z Commission may initiate a rescission of the zoning map amendment to revert the zoning to its prior zoning classification for failure to comply with the conditions of the rezoning ordinance, pursuant to A.R.S. § 9-462.01(e) and direct the Director to notify the property owner by certified mail and prepare an ordinance to revert the zoning pursuant to the procedures set forth in § 152.090(C)(5) through (8); or 3. The property owner in writing may apply to amend or remove the condition pursuant to the procedures set forth in § 152.090(C)(5) through (8).
Appeals Process
Appeals	Appeals to the action of City Council for zoning map amendments shall be filed in accordance with § 152.086 above.		Note: An appeal from any final decision regarding a City Council action shall be filed with the Superior Court within 30 days of the decision. If no appeal is filed in writing within 30 days, the decision shall be considered final.

(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)

§ 152.091 CONDITIONAL USE PERMIT (CUP).

(A) Purpose and applicability. The purpose of this section is to permit conditional uses in appropriate zoning districts. This may only occur in specific locations and only when designed and developed in a manner which assures maximum compatibility with adjoining uses. This section establishes principles and procedures essential for proper guidance and control of these uses. Conditional may require the imposition of additional conditions to accomplish the following:

(1) To protect the public health, safety, convenience, and general welfare;

(2) To assure that the purposes of the zoning ordinance shall be maintained with respect to the particular conditional use on the particular requested site;

(3) To consider the location, use, building, traffic characteristics, and environmental impact of the proposed use; and

(4) To consider existing and potential uses with the general area in which the requested conditional use is proposed.

(B) Types of conditional uses. The Council may grant a conditional use permit (CUP) in accordance with the procedures stated in this section for the following uses:

(1) Only those uses that are enumerated as conditional uses in a zoning district, as set forth in §§ 152.025 through 152.033; or

(2) Non-specified uses as determined by the Director, per §§ 152.026(C)(7), 152.027(C)(7), or 152.028(C)(7), upon a finding that said use is materially similar to other conditional uses within the same zoning district, in accordance with the procedures and standards set forth in this section.

CONDITIONAL USE PERMITS (CUP) (See § 152.086 above for details)
Review and Approval Authority
Review and Approval Authority	Director	RVW	Note: RVW = Review REC = Recommend DEC = Decide
	Board of Adjustment
	P & Z Commission	REC
	City Council	DEC
Required Notifications and Citizen Review Process
Required notifications and citizen review process	Published	Yes	Note: Publications shall be provided in accordance with § 152.086(E), where notice of the neighborhood meeting, if required, and both public hearings shall be published in one public notice. The applicant shall not be required to conduct a neighborhood meeting, however for certain conditional use requests staff shall have the option to require the applicant to schedule and conduct a neighborhood meeting to avoid any unnecessary delays during the public hearing process. If the applicant chooses to hold or is required to hold a neighborhood meeting it shall be conducted in accordance with the procedures set forth in § 152.086(C).
	Mailed	Yes
	Posted	Yes
	Neighborhood meeting	Option al
Conditional Use Permit (CUP) Approval Process
Pre-application conference	Required - Yes/No	Yes	A complete application for a CUP shall be submitted to the Director as required by § 152.086(B). In addition, no conditional use shall be established until a site plan has been approved in accordance with § 152.095. Applications for a conditional use and site plan review shall be submitted and reviewed concurrently. At a minimum, a CUP application shall include: 1. Proof of ownership; 2. A written narrative that responds to § 152.091(D); 3. A site plan consistent with § 152.095(C); 4. A map showing adjoining zoning districts within 300 feet; 5. A list of all property owners within 300 feet; and 6. The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this code for a CUP.
Application review and staff report required	Required - Yes/No	Yes	Note: Upon receipt of a complete CUP application, the Director shall review the proposed CUP application and prepare a staff report for transmittal to the P&Z Commission in accordance with § 152.086(D).
Notification of two public hearings	Required - Yes/No	Yes	Note: Publications shall be provided in accordance with § 152.086(E), where notice of the neighborhood meeting, if required, and both public hearings shall be published in one public notice.
P&Z Commission review and recommendation	Required - Yes/No	Yes	Note: The P&Z Commission shall review the application in a public hearing, and recommend approval, approval with conditions, or denial of the application, subject to the review conditions set forth in § 152.091 (C) and (D).
City Council review and action	Required - Yes/No	Yes	Note: The City Council shall review the application in a public meeting; or a public hearing if any member of the public provides written objection to the recommendation of the P&Z Commission; and approve, approve with modifications, or deny the application. If a public hearing is held, public notification shall be provided in compliance with § 152.086(C). See issues for consideration below.
Written notification to applicant	Required - Yes/No	Yes	Note: An approved conditional use shall not be established until a CUP has been issued by the Planning and Zoning Department. The permit shall cite the plans and documents on which the Council based its approval, as well as the specific modifications and/or conditions of the approval, if any.
Issues for consideration	Required - Yes/No	Yes	Note: Conditions of approval. In permitting a conditional use or the alteration of an existing conditional use, the Council can impose, in addition to those standards and requirements expressly specified by this chapter additional conditions which it finds necessary to avoid detrimental environmental impact and to otherwise protect the best interest of the surrounding area or the community as a whole. These conditions can include, but are not limited to the following: 1. Limiting the manner in which the use is conducted, including restricting the time a certain activity can take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor; 2. Establishing special yard, open space, lot area or dimensional requirements; 3. Limiting the height, size or location of a building or other structure or use; 4. Designating the size, number, location and nature of vehicle access points. For example, but not limited to: secondary driveway access on comer lots in residential subdivisions; 5. Designating the size, location, screening, drainage, surfacing or other improvements of a parking area or loading area; 6. Limiting or otherwise designating the number, size, location, height and lighting of signs; 7. Limiting the intensity of outdoor lighting and requiring light shielding; 8. Requiring screening, landscaping or another facility to protect adjacent or nearby property and designate standards for its installation and maintenance; 9. Designating the size, height, location of screening and materials of fencing, including anti-graffiti type materials; and 10. Limiting hours of operation, revocation dates and time limits for commencing construction or use authorization. Required findings. The Council may approve a CUP as submitted or modified only upon making the following findings: 1. The proposed use will not be detrimental to the health, safety, or general welfare of persons living or working in the vicinity, to adjacent property, to the neighborhood, or to the public in general; 2. The proposed use conforms with the purposes, intent, and policies of the general plan and its policies and any applicable area, neighborhood, or other plan officially adopted by the City Council; 3. The proposed use conforms with the conditions, requirements, or standards prescribed by the zoning code and any other applicable local, state, or federal requirements; 4. The proposed conditional use shall conform to the character of the neighborhood, within the same zoning district, in which it is located. In making such a determination, consideration shall be given to the location, type and height of the buildings or structures and the type and extent of landscaping and screening on the site; 5. Adequate utilities, access roads, drainage, fire protection, and other necessary facilities shall be provided;
Issues for consideration Cont.			6. Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads; 7. The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas; 8. The proposed use shall not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted, nor substantially diminishes or impair the property values within the neighborhood; and 9. The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district. Expiration and time extensions. Expiration. In any case where a CUP has not been used within six months after the granting, it shall become null and void. CUPs shall run with the land unless the Council elects to specify a period of abandonment after which the CUP shall be voided. Time extensions. The Council shall hold a public hearing to consider the granting of a time extension as follows: 1. Upon request by the applicant. 2. When the request is filed in writing with the Planning & Zoning Department not less than 30 days prior to the expiration date of the original CUP approval. 3. When accompanied by a time CUP application fee in accordance with the fee schedule of the city. 4. Upon determination by the Council that there have been no changes in the circumstances or in the vicinity of the property or use which would render the previously approved CUP inappropriate. Revocation or modification. Revocation. The Director shall notify the applicant by mail if in violation of the CUP. If no attempt to change the violation is made within ten working days of notification, the Council shall be authorized to hold a public hearing to consider the revocation or modification of a CUP previously granted in accordance with the provisions of the zoning ordinance. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the CUP was granted by registered mail, return receipt requested, not less than 30 days prior to the date of such hearing. Findings. A CUP may be revoked or modified if, from the facts presented at the public hearing or by investigation, the City Council makes an affirmative determination on any one of the following findings: 1. That the CUP was obtained by fraud. 2. That the CUP granted is being exercised contrary to the conditions of approval of such CUP or in violation of any applicable law, license, ordinance, permit or regulation. 3. That the use for which the CUP was granted is being or has been exercised as to be detrimental to the public health or safety. 4. The use ceases for a period of 90 consecutive days, or because of failure to comply with the conditions of the use permit.
Appeals Process
Appeals	Appeals to the action of City Council for a CUP shall be filed in accordance with § 152.086(K).		Note: An appeal from any final decision regarding a City Council action shall be filed with the Superior Court within 30 days of the decision. If no appeal is filed in writing within 30 days, the decision shall be considered final.

(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)

§ 152.092 TEMPORARY USE PERMIT (TUP).

(A) Purpose and applicability. The purpose of this section is to allow for the establishment of interim or temporary uses when such activities are desirable for the community or are temporarily required in the process of establishing a permitted use. Temporary uses allowed under this section shall be consistent with the health, safety and general welfare of persons residing and working in the community, shall be conducted so as not to cause any detrimental effects on surrounding properties and the community, and shall not violate any other ordinance or regulation of the city.

(B) Types of temporary uses. The Director may grant a (TUP) in accordance with the standards and/or conditions specified in § 152.047.

TEMPORARY USE PERMIT (TUP) (See § 152.086 above for details)
Review and Approval Authority
Review and Approval Authority	Director	RVW	Note: RVW = Review REC = Recommend DEC = Decide
	Board of Adjustment
	P & Z Commission	REC
	City Council	DEC
Required Notifications and Citizen Review Process
Required notifications and citizen review process	Published		Note: No notifications or citizen review is required.
	Mailed
	Posted
	Neighborhood meeting
Temporary Use Permit (TUP) Approval Process
Pre-application conference	Required - Yes/No	No	Note: A complete application for a TUP shall be submitted to the Director as required by § 152.086(B). At a minimum, the application shall include: 1. Standard Application Form; 2. Application Fee as approved by City Council; 3. State Tax License Number; 4. Business Registration from the City Clerk's Office; 5. Proof of Liability Insurance for $1,000.000 for city properties; 6. Notarized property owner authorization (if applicable); 7. Aerial map of the site; 8. Written Scope of Work describing temporary use; 9. A site plan showing the location and footprint of proposed uses and structures, parking configuration and other details necessary to demonstrate that the proposed use and site conforms with all other requirements of the zoning district and all other city codes; and 10. The application shall contain sufficient information to demonstrate compliance with temporary use conditions in accordance with § 152.047(C) and (D) and all required information stated elsewhere in this code or any other city code. 11. All applications for TUPs shall be filed at least four weeks prior to the date the temporary use will commence, or at least six weeks prior to the date the temporary use will commence if public safety support is requested from the city. The Director may waive this filing deadline requirement in an individual case for good cause shown.
Application review and staff report required	Required - Yes/No No staff report required	No	Note: Upon receipt of a complete TUP application, the Director shall review the proposed TUP application and distribute the application to other reviewers as he or she deems necessary. Based on the results of those reviews, the Director shall lake final action on the application and approve, approve with conditions, or deny the application based on the applicable approval criteria.
Notification of two public hearings	Required - Yes/No	No	Note: No notifications, publications or notices are required.
P&Z Commission review and recommendation	Required - Yes/No	No	Note: Not required.
City Council review and action	Required - Yes/No	No	Note: Not required.
Written notification to applicant	Required - Yes/No Written notification not required	No	Note: The decision to approve, approve with conditions, or deny shall be communicated to the applicant upon approval of the TUP.
Issues for consideration	Required - Yes/No	Yes	Note: Required findings. The Director may approve a TUP as submitted or modified only upon making the following findings: 1. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. 2. The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 3. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this code.
Appeals Process
Appeals	Refer to § 152.086(K).		Note: Decisions of the Director may be appealed to the Board of Adjustment pursuant to the procedures set forth in § 152.086(K).

(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)

§ 152.093 VARIANCE.

(A) Purpose and applicability. Because of special circumstances applicable to a property, including its size, shape, topography, location or surroundings, there may be instances in which the strict application of the zoning ordinance will deprive the property of privileges enjoyed by other properties in the same zoning district. To ensure a fair application of this chapter, a variance from the standards imposed may be granted by the Board of Adjustment. In granting a variance:

(1) Consideration may be given with respect to dimensional and performance standards including, but not limited to site dimensions, yards, height of structures, distances between structures, open space requirements, signage dimensions, fences, and walls.

(2) Nothing shall be construed to empower the Board to change the terms of this chapter, to authorize uses which violate any other city ordinance, to affect changes in the zoning map, to add to the uses permitted or adjust the permitted density in any zoning district, or to grant a conditional use permit.

(3) All sections of this code are considered binding unless relief is granted through variance process.

(4) All shall be personal to the appellant and shall be transferable and run with the land only after completion and final inspection of any authorized structure.

2023 S-18

(B) Variance application process.

VARIANCE (See § 152.086 above for details)
Review and Approval Authority
Review and Approval Authority	Director	RVW	Note: RVW = Review REC = Recommend DEC = Decide
	Board of Adjustment	DEC
	P & Z Commission
	City Council
Required Notifications and Citizen Review Process
Required notifications and citizen review process	Published	Yes	Note: Neighborhood Meeting is optional unless required by the Director. The Public Hearing for the Board of Adjustment shall be published a minimum of 15-days prior to the Public Hearing. Notice of the Public Hearing shall be posted and mailed by the applicant to property owners within 300 feet of the boundaries of the requested variance in accordance with § 152.086(C)(5).
	Mailed	Yes
	Posted	Yes
	Neighborhood meeting	Option al
Variance Approval Process
Pre-application conference	Required - Yes/No	Yes	Note: A complete application for a variance shall be submitted to the Director as required by § 152.086(B). At a minimum a variance application shall include: 1. Proof of ownership; 2. A written statement indicating the variance will meet the requirements listed in § 152.093(C); 3. A site plan showing the footprint and proposed use of all buildings proposed, parking configuration and other details necessary to demonstrate that the proposed use and site conforms with all other requirements of the zoning district and variance requirements; and 4. The applicant shall submit any other information identified in the pre-application meeting and all required information stated elsewhere in this code for a variance.
Application review and staff report required	Required - Yes/No	Yes	Note: Upon receipt of a complete variance application, the Director shall review the proposed variance for compliance with criteria enumerated in § 152.093(C). The Director shall then prepare a staff report for transmittal to the Board of Adjustment.
Notification of Board of Adjustment public hearing	Required - Yes/No	Yes	Note: Citizen review process. (a) The applicant shall not be required to conduct a neighborhood meeting, however for certain variance requests staff shall have the option to require the applicant to schedule and conduct a neighborhood meeting to avoid any unnecessary delays during the public hearing process. (b) If the applicant chooses to hold or is required to hold a neighborhood meeting it shall be conducted in accordance with the procedures set forth in § 152.086(C). A public hearing of the Board of Adjustments shall be published a minimum of 15-days in advance of the B of A Public Hearing. Notice of the Public Hearing shall be posted and mailed by the applicant to property owners within 300 feet of the boundaries of the requested variance in accordance with § 152.086(C)(5).
P&Z Commission review and recommendation	Required - Yes/No	No	Note: No P&Z Commission review required.
City Council review and action	Required - Yes/No	No	Note: No City Council review required.
Board of Adjustment review and action	Required - Yes/No	Yes	Note: The Board of Adjustment shall review the application in a public hearing and may approve, approve with modifications and/or conditions, or deny the variance. Conditions of approval. In approving a variance, the Board of Adjustment may impose reasonable conditions necessary to: 1. Achieve the general purposes of the zoning code or the specific purposes of the zoning district in which the site is located, or to make it consistent with the general plan; 2. Protect the public health, safety, and general welfare; or 3. Insure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.
Written notification to applicant	Required - Yes/No	Yes	Note: The decision to approve or approve with conditions or deny shall be communicated in writing to the applicant in compliance with § 152.086(G).
Issues for consideration	Required - Yes/No	Yes	Note: Required findings. The Board of Adjustment shall only approve a variance after finding that all of the following conditions are met. Financial hardship, personal preference of the owner, or the fact that property may be utilized more profitably if the requested variance is granted shall not be considered grounds for a variance. (1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district. (2) A literal interpretation of this chapter would deprive the appellant of rights commonly enjoyed by other properties in the same zoning district. (3) The alleged hardship caused by literal interpretation of the provisions of this chapter includes more than personal inconvenience and financial hardship and is not the result of actions by the appellant. (4) Granting the variance will not confer upon the appellant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same zoning district. (5) Granting the variance will not interfere with or substantially injure the appropriate use of adjacent conforming properties in the same zoning district. (6) The reasons set forth in the appeal justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.
Issues for consideration Cont.			(7) Granting the variance will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (8) No variance shall be granted from any written conditions attached by another decision-maker to the approval of a rezoning, conditional use permit, subdivision plat, or site plan. (9) No variance shall be granted if the conditions or circumstances affecting the applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. (10) No non-conforming use or violations of this chapter 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. (11) Every decision of the Board shall be based upon findings of fact, and every finding of fact shall be supported in the record of its proceedings. The conditions required by this chapter to exist on any matter upon which the Board is authorized to pass under this chapter shall be construed as limitations on the power of the Board to act. A mere finding or recitation of the enumerated conditions, unaccompanied by findings of specific fact, shall not be deemed findings of fact, and shall not be deemed in compliance with this chapter. Expiration and time extensions. Expiration. In any case where a variance has not been used within one year after the granting, it shall become null and void. Time extensions. The Board of Adjustment shall hold a public hearing to consider the granting of a time extension of no more than one additional year as follows: 1. Upon request by the applicant; 2. When the request is filed in writing with the Planning & Zoning Department not less than 30 days prior to the expiration date of the original variance approval; 3. When accompanied by a time extension fee in accordance with the fee schedule of the city; or 4. Upon determination by the Board that there have been no changes in the circumstances or in the vicinity of the property or use which would render the previously approved variance inappropriate. Revocation. The Board of Adjustment shall be authorized to hold a public hearing to consider the revocation of a variance previously granted in accordance with the provisions of the zoning ordinance. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the variance was granted by registered mail, return receipt requested, not less than 30 days prior to the date of such hearing. Findings. A variance may be revoked if, from the facts presented at the public hearing or by investigation, the Board makes an affirmative determination on any one of the following findings: 1. That the variance was obtained by fraud; or 2. That the variance granted is being exercised contrary to the conditions of approval of such variance or in violation of any applicable law, license, ordinance, permit or regulation.
Appeals Process
Appeals	Appeals to the action of the Board of Adjustment shall be filed in accordance with § 152.086 above.		Note: An appeal from any final decision regarding a Board of Appeals action shall be filed with Superior Court within 30 days of the decision. If no appeal is filed in writing within 30 days, the decision shall be considered final.

(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)

§ 152.095 SITE PLAN AND BUILDING PERMIT REVIEW AND APPROVAL PROCESS.

(A) Purpose and applicability. This section provides procedures and standards for the comprehensive review of proposed development projects to: promote the safe, functional and aesthetic development of property, ensure compliance with the development and design standards of this chapter, the Americans with Disabilities Act (ADA) standards, and all other appropriate fire, life-safety, public works and utilities, and site development codes; and encourage quality development reflective of the goals, policies, and objectives of the general plan. Site plan review shall be required for:

(1) All new construction, including major subdivisions, and exterior remodeling and/or expansion of commercial uses, including multi-family developments, with the following exceptions:

(a) Single-family dwellings (Reviewed only by the Chief Building Official, Director or designee).

(b) Interior remodeling only of commercial and multi-family structures.

(c) Exterior modifications or additions to commercial and multi-family structures that doesn't increase the gross floor area by more than 500 square feet or 10%, whichever is less.

(d) Minor subdivision land splits and combinations.

(2) An application for approval of a zoning map amendment (zone change), including a planned area development (PAD), or a conditional use permit (CUP), where the site plan review shall occur concurrently with the review of the zone change, PAD or CUP request.

(B) Site Plan Review Committee (SPRC) Review. See § 152.095(A)(1) and (2) above to determine which applications require review by the site plan review committee, and which applications are exempt. For the purposes of these regulations, a commercial development is defined as any residential development larger than a single-family detached residence on a single lot, and any commercial or industrial building or development. Commercial developments require the review and approval by the Site Plan Review Committee before any building permits can be submitted for review. The following requirements shall apply to all commercial developments:

(1) Commercial site plans shall be submitted as a complete package to city staff. Partial/incomplete submittals and/or partial submittals by different entities will not be accepted and they will be returned to the applicant at their expense. The city will not be responsible for coordinating partial submittals at different times and/or from different entities. Complete site plan submittals shall be submitted in the following format:

(a) A completed City of Page application for construction plan submittal;

(b) One electronic version of the complete site plan in PDF format for distribution purposes;

(d) Supporting documentation, studies or reports shall be submitted the same as (A)(2) and (A)(3) above.

The city will not make paper copies for the applicant to complete the applicant's application package, including construction plans, supporting documentation, studies or reports.

(e) If the development requires fire sprinklers or fire protection due to code requirements, a third complete set of paper plans shall be submitted for the Fire Marshall's review and approval.

(2) For a site plan to be considered complete, it must include and show the following, at a minimum:

(a) All buildings, structures and above and below ground utilities that will be built on the site;

(b) All public/private rights-of-way, easements, and all areas to be designated as open space;

(d) All areas to be designated for parking, driveways and loading/unloading zones or areas;

(e) All ADA required van/vehicular parking spaces, sidewalks, ramps, and crosswalks;

(f) All site required landscaping, screen-fencing and all areas designated for landscaping;

(g) All site drainage, retention or detention holding ponds, with appropriate calculations;

(h) All site signage, whether for directional or advertisement purposes, with specifications;

(i) All property boundaries and measurements for the above from the property boundaries;

(j) All topographic and/or geologic issues that will affect the development of the site; and

(k) Anything else added or removed from the site in order for the development to be completed.

(3) Upon receipt of the complete site plan package, city staff will distribute the PDF version to all members of the Site Plan Review Committee (SPRC) and schedule a formal SPRC meeting to be held within 14-days of determining application is complete, on that closest Thursday or another day deemed more appropriate by the SPRC. The applicant and/or their civil engineer is required to attend said meeting either in person or via videoconference, to answer any questions posed by members at the meeting.

(4) The Site Plan Review Committee and their responsibilities with site plan reviews include:

(a) The Site Plan Review Committee as a whole shall determine compliance with provisions of this chapter, the Maricopa Association of Governments (MAG SPEC) design standards, the Americans with Disabilities Act (ADA) specifications, and all appropriate International Building Codes, most current adopted edition(s).

(b) The Public Works Director for review of street plans and compliance with city street standards, storm drainage, floodplain regulations, and determination of street and drainage improvement requirements.

(d) The Western Area Power Authority (WAPA) for any work involving their easements.

(e) Where the land abuts a state highway, the Arizona Department of Transportation (ADOT) for review and approvals regarding rights-of-way and intersection design.

(f) The Director shall review for compliance with public objectives, giving special attention to design principles and standards set forth in this and other city codes, to utility methods and systems, to existing and proposed zoning and land use of the tract and environs, and to land required for schools, parks, open spaces and public facilities.

(g) Page Utility Enterprises (PUE) for review of the electric utilities.

(h) Fire, Police and Ambulance Departments, as appropriate.

(5) Once the site plan has received approval from the SPRC, and the Fire Marshall when required, and any other required outside agencies, the applicant shall then work with the city's Chief Building Official (CBO) to pull any building permits required for construction of the site.

(6) Building permits for signage, landscaping, structures and buildings located on the site can then be pulled, as approved by the Director, CBO, and Fire Marshall as required, in accordance with the requirements outlined in division (F) below.

(C) Final inspection. A site plan approval is a binding development order and all improvements reflected on approved site plans must be completed, and all restrictions and conditions of site plan approval must be fulfilled, prior to issuance of the final certificate of occupancy.

(D) Expiration of site plan approval.

(1) A site plan approval becomes void if a building permit has not been issued within one year from the date of approval. A one-time three month extension of approval may be granted by the Director if the applicant files for an extension prior to the one year deadline. Additional extensions must be approved by the Planning and Zoning Commission.

(2) Applications for an additional extension from the Planning and Zoning Commission shall be considered based on the following information:

(a) Progress of the project;

(b) Funds spent on the project;

(d) Weather-related delays and other Acts of God; and

(e) Delays related to archaeological or environmental issues.

(E) Revocation of site plan approval. The Director shall notify the applicant of a violation of the conditions of approval or termination of a site plan approval if the applicant has not commenced use of the building permit. If no attempt is made to cure the issues of the violation within ten days of notification, the site plan approval and all permits requiring site plan approval shall be revoked.

(F) Building construction plan review process and requirements. Any applications for any type of building, demolition, signage or other type of building permits shall be made through the city's Chief Building Official (CBO).

(1) Applications shall be submitted as a complete package. Partial and incomplete submittals and submittals submitted by different entities will not be accepted and they will be returned to the applicant at their expense. The city will not be responsible for coordinating partial submittals. Complete site plan submittals shall be submitted in the following format:

(a) A completed City of Page Building Permit Application.

(b) One electronic version of the plans and specs in PDF format for distribution and our records.

(d) Supporting documentation, studies or reports shall be submitted in PDF format only, unless paper copies are requested. The city will not make paper copies to complete the package, including construction plans, supporting documentation, studies or reports, if required.

(e) If the development requires fire sprinklers or fire protection, a third complete set of paper plans shall be submitted for the Fire Marshall's review and approval.

(2) Building permit application packets shall include everything required by the most current adopted editions of the International Building Codes (IBC), the International Residential Codes (IRC), the Fire, Electrical and Plumbing Codes, the MAG SPECS, and the City Zoning and Subdivision Codes, as required, and as amended and adopted by City Council from time to time.

(G) Certificate of Occupancy and Temporary Certificate of Occupancy. The CBO is the city's representative authorized to issue a Temporary Certificate of Occupancy (TCO) or final Certificate of Occupancy (C of O). A TCO may be issued at the CBO's discretion for either 30, 60 or 90 days, as requested by the applicant and as circumstances dictate, warranting the issuance of a TCO instead of a final C of O. No occupancy of any structures shall be allowed until all required improvements are complete and have been approved by the CBO.

(H) As-built submittal requirements for the city and Page Utility Enterprises. Following are the requirements for As-Built drawings that must be provided to the City of Page and Page Utility Enterprises, before any utility services can be provided to the site:

(I) As-builts shall be provided to the city and Page Utility Enterprises in three different formats:

(1) A copy of the working drawing which is the approved site construction and utility plan with changes marked in red per these requirements.

(2) A paper copy with only the actual constructed utilities (not as-design utilities) shown on it stamped and signed by a registered Arizona Engineer with the sheet labeled "As-Built".

(3) An electronic AutoCAD file with only the actual constructed utilities (not as-design utilities).

(J) Contractor shall keep a working drawing onsite for viewing by the city/Utilities at any time. The working drawing shall have ALL changes shown in red.

(K) When changes occur, such as pipe sizes, lengths, etc., a line or "X" shall be drawn through the changes with the actual installed size, material, quantity, etc. written next to the change. Improvements deleted in the field shall be crossed out with an "X" and labeled "not built" or "not installed". The following additional requirements shall be provided and shown on all as-builts:

(1) Provide exact details of changes or additional information, including but not limited to fabrication, erection, installation, location, sizing, material, dimensions, etc.

(2) Provide project control information, including coordinate system and vertical datum basis.

(3) Water systems shall show bends, valves, fire hydrants, blow-offs, air release valves, water meters, services, thrust blocks, etc. Pipes shall be labeled with the type of pipe, size, length and depth to top of pipe. Horizontal bend locations to be determined by surveying, include coordinates on as-builts.

(4) Sewer systems shall show inverts in and out and lid elevations of manholes, cleanouts, services, lift stations, etc. Pipes shall be labeled with the type of pipe, size, length and slope. Inverts shall be determined by surveying.

(5) Storm drain systems shall show invert and grate/opening elevations and length of curb inlet for the catch basins. Pipes shall be labeled with type of pipe, size, length and slope. Inverts shall be determined by surveying.

(6) Electric utilities shall show the location of transformers, j-boxes, conduit, light poles, and the number of conduit and size shall be labeled on the drawing as well as any spare conduits.

(7) Gas/propane utility line location and size shall be shown on the as-builts.

(8) Cable and Communication utility lines and size shall be shown on the as-builts.

(9) All existing and any new easements shall be shown on the paper and electronic as-builts.

(10) Any utility crossings shall be detailed with the depths and separation between utilities.

(11) Any changes or special situations that can't be shown clearly on the drawing shall be shown in a blown-up detail. Such as bends used to raise or lower a waterline.

(12) If utilities share the same trench, a cross section of the trench shall be provided.

(L) No utility services will be provided to the site or development until all As-builts are provided.

(1) Appeal. An appeal from any final decision of the Director or other authorized staff may be appealed to the Board of Adjustment pursuant to the procedures set forth in § 152.086(K). Decisions of the Planning and Zoning Commission may be appealed to the City Council pursuant to the procedures set forth in § 152.086(K).

(Ord. 648-18, passed 11-28-2018; Ord. 703-23, passed 3-22-2023)

§ 152.096 ANNEXATION.

(A) Purpose. The purpose of this section is to provide procedures consistent with applicable state requirements for the annexation of real property into the corporate limits of the city.

(B) Initiation of annexations.

(1) City Council or City Manager. The City Council or City Manager may direct staff to review specific property to determine whether it may be legally annexed and to contact property owners to determine whether they will sign an annexation petition.

(2) Owner initiation. One or more property owners may submit an application to annex property owned by them into the city.

(C) Annexation process. All annexation proceedings shall be conducted in conformance with A.R.S. § 9-471 and any other applicable state law requirements for the annexation of land into the city.