A.   Application Process: The purpose of this chapter is to provide procedures for the various requests for amendments to the text of this title, amendments to the official zoning map(s), use permits, variances or appeals, site plan review, and general plan amendments. The specific procedures followed in reviewing the various applications differ. The procedures for all applications have three (3) common elements: 1) submittal of a completed town application, including required fee payment along with appropriate information; 2) review of the submittal by appropriate town staff, agencies, commission, and boards; and 3) action to approve, approve with conditions, or deny the application. In order to have an application accepted by the town, the applicant shall progress through the following steps:

      1.   Preapplication Conference: The applicant shall meet with the zoning administrator to discuss the nature of the proposed application, the specific submittal requirements, the procedure for action, and the standards for evaluation of the application.

      2.   Sketch Plan: The applicant, at the time of the preapplication conference, shall provide the zoning administrator with a sketch plan depicting the boundaries of the property being considered and a tentative development proposal for the property.

      3.   Formal Submittal: The applicant shall submit all of the required materials to the zoning administrator. Only complete applications/submittal packages shall be accepted.

   B.   Notice Provisions: The notice requirements for each type of application for development approval are prescribed in the individual subsections of this chapter. When the zoning administrator determines that a development application/submittal package is complete, the zoning administrator shall cause the public notice of the hearing to be made at the expense of the applicant.

   C.   Citizen Review Process: In accordance with Arizona Revised Statutes section 9-462.03, the applicant for any and all rezoning and amendment or adoption of a specific plan application shall, as a prerequisite to the planning and zoning commission hearing, conduct a neighborhood meeting. The purpose of the meeting is to provide information to the adjacent property owners and residents and to allow the neighbors and residents to express any issues or concerns that they may have with the proposed rezoning or specific plan application before the public hearing is conducted. The applicant is required to notify all landowners within three hundred feet (300') of the boundaries of the proposed development, the town of Parker, and any neighborhood associations on record with the town by first class mail of the scheduled neighborhood meeting. This notice shall state the date, time, and place of the neighborhood meeting and shall include a general explanation of the application. The form of notice may vary according to the specific type of application, and a more extensive method of notice may be deemed necessary by the zoning administrator. The applicant shall submit a copy of the notification, documentation of the attendees, minutes of the meeting, and all concerns and issues identified by those attendees to the zoning administrator for inclusion in the staff report. All meetings shall be held within the town of Parker corporate limits and at a time of day most conducive to the public. Failure to conduct a neighborhood meeting shall cause an application to be held/delayed until such meeting has been held.

   D.   Planning And Zoning Commission: The planning and zoning commission shall hold regularly scheduled public hearings to receive and review public input on those items required by this title. On those items where the commission has review authority only, the commission shall make a recommendation to the town council that the council: 1) approve; 2) approve with conditions; or 3) deny an application. The commission's recommendations and actions shall be based on consideration of the following evidence and analysis including, but not limited to, all of the following:

      1.   Conformance with this title, and adopted town standards and policies;

      2.   Compliance with the town of Parker general plan and other adopted specific area plans;

      3.   Staff recommendations;

      4.   Outside reviewing agency input;

      5.   Public input and testimony received during the citizen review session and at the hearing; and

      6.   Overall effects of the proposal on the neighborhood, area, and community at large.

   E.   Town Council: The town council shall hold regularly scheduled public hearings to act upon all items required by this title. The town council shall decide whether or not to: 1) approve; 2) approve with conditions; or 3) deny an application. Action on those items heard will be based on consideration of evidence presented including, but not limited to, all of the following:

      1.   Planning and zoning commission recommendations;

      2.   Conformance with this title, and adopted town standards and policies;

      3.   Compliance with the Parker general plan and other adopted specific area plans;

      4.   Staff recommendations;

      5.   Outside reviewing agency input;

      6.   Public input and testimony received at the hearing; and

      7.   Overall effects of the proposal on the neighborhood, area, and community at large.

   F.   Scope Of Action: The reviewing body may take any action on the application that is consistent with the notice given, including approval of the application, conditional approval of the application or denial of the application. The reviewing body may allow amendments to the application if the effect of the amendments is to allow a less intense change than that requested on the original application or to reduce the impact of the development or to reduce the amount of land involved from that indicated in the notices of the hearing. The reviewing body shall not, in any case, permit a greater amount of development, or a use falling in a different general use category, or a larger land area than indicated in the original application, or a greater variance than was indicated in the notice.

   G.   Records: The town shall provide for minutes to be written and retained, shall record the evidence submitted, all staff and advisory board reports and/or recommendations, and shall include a summary of the consideration and the action of the commission, board, and council. All such records shall be public records, open for inspection at reasonable times and upon reasonable notice. Public records are to be retained in accordance with Arizona Revised Statutes public retention requirements. (Ord. 03-2005, 9-6-2005)

   A.   Notification of public hearing(s) required for zoning text amendments and zoning amendments (rezoning) shall be subject to notice requirements as set forth in Arizona Revised Statutes section 9-462.04 and herein described. Any changes to Arizona law notice requirements shall have control over this provision in the manner of providing notice.

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

      1.   The notice shall be published at least once in a newspaper of general circulation published or circulated in the town of Parker, or if there is none, it shall be posted on the affected property in such a manner as to be legible from the public right or way and in at least ten (10) public places in the town. A posted notice shall be printed so that the following are visible from a distance of one hundred feet (100'): the word "zoning"; the present zoning district classification; the proposed zoning district classification; and the date and time of the public hearing.

      2.   In proceedings involving rezoning of land, which abuts other municipalities or unincorporated areas of the county or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit abutting such land. In addition to notice by publication, the town may give notice of the hearing in such other manner as it may deem necessary or desirable.

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

      4.   In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by subsection A5 of this section:

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

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

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

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

         e.   An increase or reduction in permitted uses.

      5.   In proceedings governed by subsection A4 of this section, the town shall provide notice to real property owners pursuant to at least one of the following notification procedures:

         a.   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.

         b.   If the town issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the town shall include notice of such changes with such utility bills or other mailings.

         c.   The town shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the town. The changes shall be published in a "display ad" covering not less the one-eighth (1/8) of a full page.

      6.   If notice is provided pursuant to subsections A5b or A5c of this section, the town shall also send notice by first class mail to persons who register their names and addresses with the town as being interested in receiving such notice. The town may charge a fee not to exceed five dollars ($5.00) per year for providing this service and may adopt procedures to implement this provision.

      7.   Notwithstanding the notice requirements set forth in subsection A5 of this section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the town for which the notice was given.

   B.   Notification for conditional use permits shall also follow the requirements set forth in Arizona Revised Statutes section 9-462.04, as described above.

   C.   Notification for variance requests shall follow the requirements set forth in Arizona Revised Statutes section 9-462.06. (Ord. 03-2005, 9-6-2005)

   A.   Purpose: In accordance with the provisions of Arizona law, the town council may from time to time adopt text amendments to this title and/or amend the official zoning map(s). Any person, town staff, commission and town council may bring about amendments to the text of this title. Only the landowner, town staff, commission or town council, may bring about amendments to the zoning map.

   B.   Application: Before the town accepts any applications, the petitioner shall schedule and attend a preapplication meeting. The purpose of the preapplication meeting is to discuss, in general, the procedures and requirements for either a zoning text amendment or a zoning change (rezoning) pursuant to these regulations. Subsequent to the preapplication meeting, all applications shall be filed on a form provided by the zoning administrator and shall be accompanied by the required fee and all required materials as outlined in this title and/or on the application. Depending upon the specifics of the amendment or rezoning, additional materials or studies may be required by the town in order to adequately review the application.

   C.   Initiation Of Zoning Text Amendment: Any person may request an amendment of the text of this title, after a preapplication meeting is held, by filing a completed application and submitting the required fee with the town. The application must state the exact section of this title proposed for amendment, the proposed substitute wording, and the reasons for requesting the amendment. Graphic material should also be submitted if it would assist in understanding the benefits of the amendment.

   D.   Initiation Of A Zoning Map Change (Rezoning): An owner of real property within the town, or that owner's authorized representative, may, upon proof of ownership, apply for a change in zoning district boundaries (rezoning) for that landowner's property. The commission or the town council, on its own motion at a public meeting, may initiate such amendments. In the case where the rezoning application filed by a private property owner includes other property, in addition to that owned by the petitioner, the application shall include the signatures of the real property owners representing at least seventy five percent (75%) of the land in the area proposed to be changed.

   E.   Submittal Requirements: All zoning map changes (rezoning) applications shall comply with the submittal requirements outlined herein and those on the application:

      1.   A map showing the particular property or properties for which the rezoning application is being requested and the adjacent properties, buildings and structures, land uses, and public streets and ways within a radius of three hundred feet (300') of the exterior boundaries thereof.

      2.   A detailed land use/development plan at a scale of one inch equals one hundred feet (1" = 100') which at a minimum shall include the following:

         a.   A site plan drawn to scale and in such a manner as to indicate clearly and precisely what is planned for the subject property including the location and arrangement of all proposed uses.

         b.   The location, arrangement and dimensions of all proposed lots.

         c.   Topography showing existing and proposed grades and drainage systems, and natural and manmade features with indication as to which are being retained and which are to be altered or removed.

         d.   All buildings and structures existing and proposed.

         e.   Proposed block layout, street system, street dedications, improvements and utility plans.

         f.   The traffic and the pedestrian circulation system, including the location and width of all streets, driveways, entrances to parking areas and parking structures, walkways and bicycle paths.

         g.   Off street parking facilities, including number of spaces and dimensions of parking area, loading bays and service access drives and landscaping for the parking areas.

         h.   The amount of open space provided, the location and type of open space, the proposed reservation for parks, parkways, playgrounds, recreation areas, pedestrian access and other open space.

         i.   Proposed landscaping, including size, type and location; the native vegetation that will be salvaged; walls and fences; outdoor lighting; signs; and outdoor storage and activities.

      3.   The town reserves the right to require additional information and material, and to require the submission of studies in order to adequately review the request. Additional submittal requirements for the overlay zoning districts (e.g., master plan developments, planned area developments and protected development rights plans) may be found in the specific chapter addressing these types of developments herein.

   F.   Procedures:

      1.   A preapplication conference shall be scheduled and attended by the applicant with the zoning administrator to discuss the proposal.

      2.   The petitioner shall submit a completed application, the required fees, and all materials and studies related to the development plan or the proposed text amendment.

      3.   Once the zoning administrator has determined that the application package is complete and all necessary information has been submitted, the application will be forwarded to the appropriate reviewing agencies and town departments for comments and a public hearing will be scheduled.

      4.   As a prerequisite to the commission hearing, but only for a rezoning and/or specific plan application, the applicant shall conduct a neighborhood meeting in accordance with the requirements of Arizona Revised Statutes section 9-462.03 and the provisions outlined in subsection 10-3-1C of this chapter.

      5.   The commission, in accordance with the requirements of Arizona Revised Statutes section 9-462.04, shall conduct a public hearing. Notification of the public hearing shall be provided as set forth in Arizona Revised Statutes section 9-462.04 and section 10-3-2 of this chapter.

      6.   The commission shall render a decision in the form of a written recommendation for: a) approval, b) approval with conditions, or c) denial of the petitioned rezoning or zoning text amendment. The recommendation shall then be forwarded to the mayor and council unless withdrawn in writing by the applicant.

      7.   The town council shall: a) approve, b) approve with conditions, or c) deny the text amendment or rezoning request. Approval of a petition to rezone land may not be enacted as an emergency measure and the rezoning shall not become effective for at least thirty (30) days after town council approval.

      8.   When an application for rezoning is accompanied by an application for a conditional use permit or subdivision plat approval, both applications may be processed and reviewed concurrently. If the proposed rezoning is not in compliance with the Parker general plan - land use plan, an application for an amendment to the land use plan shall be submitted by the applicant in accordance with Arizona Revised Statutes section 9-461.06, the Parker general plan, and section 10-3-9 of this chapter.

   G.   Protest: A super majority of town council votes, three-fourths (3/4), prescribed by Arizona Revised Statutes section 9-462.04, shall be required if a protest petition is filed in accordance with said statute. The protest petition shall be filed in writing with the town clerk at or before twelve o'clock (12:00) noon on the date of the town council hearing.

   H.   Subsequent Applications: In the event that an application for amendment is denied by the town council or that the application is withdrawn after the commission hearing, the commission shall not accept another application for the same amendment within twelve (12) months of the original hearing unless agreed to by a super majority three-fourths (3/4) vote of the commission. (Ord. 03-2005, 9-6-2005)

   A.   Purpose: Conditional uses are those uses which are generally compatible with the land uses permitted by right in a zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district.

   B.   Application:

      1.   Only those uses that are enumerated as conditional uses in a zoning district, as set forth in this title, shall be authorized by the town council. A conditional use permit shall not be required for a use allowed as a permitted use in a given zoning district. No conditional use shall be established until a site plan has been approved in accordance with the provisions of this chapter.

      2.   Before the town shall accept any application, the applicant shall schedule and attend a preapplication meeting. The purpose of the preapplication meeting is to discuss, in general, the procedures and requirements for a conditional use permit pursuant to these regulations. Subsequent to the preapplication meeting, all applications shall be filed on a form provided by the zoning administrator and shall be accompanied by the required fee and all required materials as outlined in this title and/or on the application. Depending upon the specific circumstances of the use, additional materials may be required by the town in order to adequately review the application.

   C.   Submittal Requirements: All conditional use permit applications shall comply with the submittal requirements outlined in subsection 10-3-3E of this chapter and those on the application.

   D.   Procedures: All conditional use permits shall be processed in accordance with subsection 10-3-3F of this chapter.

   E.   Approval Criteria: As may be specified within each zoning district, uses permitted subject to a conditional use permit shall be permitted only after review and recommendation by the commission and review and approval by the town council and only if the applicant demonstrates that:

      1.   The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, design standards, or general provision requirements of this title.

      2.   The establishment, maintenance, or operation of the proposed use shall not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the surrounding land nor be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.

      3.   The proposed use shall not be materially injurious to properties or improvements nor diminish or impair property values in the immediate vicinity.

      4.   The proposed use will be served by ingress and egress routes that minimize traffic congestion, shall not burden the existing and anticipated traffic conditions including parking facilities on adjacent streets and land, and will be served by adequate public utilities.

      5.   The proposed use shall not impede the normal and orderly development and improvement of surrounding property for uses permitted in the underlying zoning district and shall be in compliance with the Parker general plan adopted by the town.

      6.   The proposed use is necessary or desirable or provides a service or facility that contributes to the general well being of the area.

      7.   The proposed use shall not create more adverse impacts on existing uses in the surrounding areas than those which reasonably might result from development of the site with a use that is permitted by right in the underlying zoning district.

   F.   Validity Limit:

      1.   Approval shall become effective immediately.

      2.   The conditional use permit shall become null and void if the use permit has not been exercised and the use established within six (6) months of the date of approval. A conditional use permit is exercised when the use has been established or when a building permit has been issued, construction commenced, and the building permit remains valid.

      3.   If such use is abandoned or discontinued for a period of twelve (12) consecutive months, it may not be reestablished unless reauthorized by the commission and town council.

      4.   Amendments to conditional use permits shall be processed in the same manner as the original permit, except that minor amendments may be authorized by the zoning administrator.

      5.   If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of twelve (12) months from the date of said order of denial, unless agreed to by a super majority three- fourths (3/4) vote of the commission. (Ord. 03-2005, 9-6-2005)

   A.   Purpose: The temporary use permit is a mechanism by which the town may allow a use to locate within the town on a short term basis and by which it may allow seasonal or transient uses not otherwise allowed. Permanent structures shall not be permitted under a temporary use permit. Permissible temporary uses are those delineated within the individual zoning districts of this title. Prior to conducting or establishing a temporary use, a temporary use permit must be approved and secured from the town of Parker.

   B.   Application:

      1.   Before the town shall accept any applications, the applicant shall schedule and attend a preapplication meeting. The purpose of the preapplication meeting is to discuss, in general, the procedures and requirements for a temporary use permit pursuant to these regulations. All applications shall be filed with the zoning administrator on a form provided by the town and shall be accompanied by the required fee and all required materials as outlined in this title and/or on the application. Depending upon the specific circumstances of the temporary use, additional materials may be required by the town in order to adequately review the application. Only complete applications shall be accepted.

      2.   Every temporary use permit issued shall be applicable only to the specific use, specific person, entity or organization, and to the specific property for which it is issued.

      3.   Approval of the temporary use permit by the town does not waive any other county or state approvals that may be required.

   C.   Submittal Requirements: All temporary use permit applications shall comply with the submittal requirements as outlined on the application form obtained from the town and shall be submitted to the zoning administrator not less than fifteen (15) days nor more than thirty (30) days prior to the desired start date of the temporary use permit.

   D.   Procedures:

      1.   The zoning administrator shall review the application in accordance with the criteria outlined in subsection E of this section. The zoning administrator shall solicit review comments in accordance with general review procedures.

      2.   The zoning administrator shall not approve or modify and approve an application for a temporary use permit unless the following criteria, specific regulations, and time limitations are met.

      3.   If the zoning administrator denies the temporary use permit the applicant may appeal the administrator's decision to the board of adjustment.

   E.   Approval Criteria: The zoning administrator or, upon appeal, the board of adjustment shall have the authority to require such reasonable conditions as necessary to protect the public health, safety and general welfare and to ensure that the use, value and qualities of the neighborhood surrounding the proposed location will not be adversely affected. Approval shall be based on the review of the following criteria:

      1.   Traffic: The location of the temporary use or structure is such that adverse effects on surrounding properties will be minimal with regards to the type of traffic generated, the amount of traffic generated, or the impact upon the traffic circulation in the area.

      2.   Parking And Access: Adequate off street parking will be provided to serve the use without displacing the required off street parking spaces or loading areas of the principal permitted use on the site. The entrance and exit drives will be designed to prevent traffic hazards and nuisances.

      3.   Signage: Signage for temporary uses shall only be displayed within the time frame for which the temporary use permit is valid and only with a sign permit issued in accordance with this title.

      4.   Number On Parcel: Only one temporary use permit shall be permitted per parcel or lot at any given time.

   F.   Validity Limit:

      1.   The temporary use permit shall be valid for the use for which the permit was granted for the length of time indicated on the permit as long as the use is in compliance with the conditions of approval and other applicable ordinances.

      2.   A temporary use permit for a temporary structure shall be limited to a period of time not to exceed six (6) months from the date of approval unless otherwise outlined in this title. The temporary use permit may be renewed provided that the property owner submits satisfactory evidence to the zoning administrator that the need for such temporary structure continues to exist.

      3.   In no case shall the termination date of a temporary use permit be automatically extended as a result of a delay on the applicant's part to comply with the conditions stipulated in the temporary use permit.

      4.   Time extensions for a temporary use permit shall be processed in the same manner as the original permit. (Ord. 03-2005, 9-6-2005)

   A.   Purpose: The board of adjustment may decide appeals of administrative interpretations and decisions as well as authorize a departure from the terms of the zoning regulations but not to the permitted uses.

   B.   Application: Before the town accepts any applications, the petitioner shall schedule a preapplication meeting. The purpose of the preapplication meeting is to discuss, in general, the procedures and requirements. Subsequent to the preapplication meeting, a request for variance shall be made by filing an application with the zoning administrator and paying the required application fee. The application shall be accompanied by a development plan showing such information as the zoning administrator may reasonably require for purposes of this title. The plans shall contain sufficient information for the board to make a proper decision on the matter. In all cases, the application shall address all of the following hardship criteria:

      1.   There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the district.

      2.   The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant.

      3.   The variance is necessary for the preservation of substantial property rights. Without a variance the property cannot be used for purposes otherwise allowed in this district.

      4.   The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare.

   C.   Variance Requests: A variance is not a right. It may be granted to an applicant only if the applicant establishes compliance with all of the hardship criteria established in Arizona Revised Statutes section 9-462.06 and in subsection B of this section.

Pursuant to state statutes, the board may not:

      1.   Make any changes in the uses permitted in any zoning classification or zoning district.

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

   D.   Appeal Of Decision: In an appeal to the board regarding an administrative decision or interpretation, the board's review shall be limited to determining whether the decision or interpretation by the zoning administrator was in accordance with the intent and requirements of this title. Accordingly, the board may reverse or affirm, wholly or partly, or modify the order, requirement or decision of the zoning administrator.

   E.   Public Hearing: Notice of the hearing at which the variance or appeal will be heard, shall be provided in compliance with Arizona Revised Statutes section 9-462.06 and section 10-3-2 of this chapter.

   F.   Validity Limit: Rights and privileges established by the granting of a variance shall be exercised within twelve (12) months following the date of approval unless the board specifies a different time limit at the time the variance is granted. A variance that is not exercised within the time limits specified shall become null and void. (Ord. 03-2005, 9-6-2005)

   A.   Purpose: The purpose of the site plan regulations is to promote the safe, functional and aesthetic development of property and to ensure that all new multiple residential, commercial and industrial structures and the associated utilities, streets, parking, circulation systems, lighting, signage, drainage and landscaping are developed in conformance with the standards of this title, and in compliance with the Parker general plan. The site plan review shall consider the proposed development and the relationship of the project to adjacent developments and the community. No building permit shall be issued until approved by the commission and then such issuance shall only be in accordance with the plans and stipulations as approved by the commission.

   B.   Application:

      1.   Site plan review shall be required for all development and construction within the following zoning districts within the town of Parker, except for interior tenant improvements:

         R-2   Multiple residential zone (any development of over 2 units)

         R-3   Multiple residential zone

         R-4   Multiple residential zone

         OT   Office transitional

         C-1   Neighborhood commercial zone

         C-2   Community commercial zone

         RC   Resort commercial zone

         I-1   Light industrial zone

         I-2   General industrial zone

         CC   Community core overlay zone

      2.   Site plan review shall also be required for any public or quasi-public facility, community facility, or places of public assembly regardless of the zoning district in which they are proposed to be located.

      3.   If the proposed development requires a zoning change (rezoning) or a conditional use permit, the site plan shall be submitted with the rezoning or use permit application and considered concurrently. For proposed developments, which do not require rezoning or a use permit, the site plan must be approved prior to submittal for a building or grading permit.

      4.   Before the town accepts any applications, the applicant shall schedule and attend a preapplication meeting. The purpose of the preapplication meeting is to discuss, in general, the procedures and requirements for the site plan review pursuant to these regulations. All applications shall be filed on a form provided by the zoning administrator and shall be accompanied by the required fee and all required materials as outlined in this title and/or on the application. Depending upon the specific circumstances of the development, additional materials may be required by the town in order to adequately review the application.

   C.   Submittal Requirements: All site plan review applications shall comply with the submittal requirements outlined in subsection 10-3-3E of this chapter and those on the application.

   D.   Procedures:

      1.   All site plan review applications shall be processed in accordance with subsection 10-3-3F of this chapter.

      2.   All site plan review applications, for which rezoning is also required, shall be submitted along with the rezoning application and processed in accordance with subsection 10-3-3F of this chapter.

   E.   Scope Of Action:

      1.   Approval shall become effective immediately. If the site plan review is in conjunction with a request for rezoning, the approval of the petition to rezone the land may not be enacted as an emergency measure, and the rezoning along with the site plan shall not become effective for at least thirty (30) days after town council approval.

      2.   A site plan approval pursuant to these provisions shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the application.

      3.   Any amendments or modifications to an approved site plan shall be processed in the same manner as the original application, except that minor amendments, such as, but not limited to, color changes, material changes, changes in building height or reduction in square footage, etc., may be authorized by the zoning administrator.

      4.   A certificate of occupancy shall not be issued if development activities do not conform to the approved site plan. (Ord. 03-2005, 9-6-2005)

   A.   Purpose: In accordance with the provisions of Arizona law, the town council may approve and/or amend specific area plans and regulations. Specific area plans, and amendments thereto, may be initiated by town council, planning and zoning commission, town staff, or by the property owner or his/her designated representative.

   B.   Application:

      1.   Before the town accepts any applications, the applicant shall schedule and attend a preapplication meeting. The purpose of the preapplication meeting is to discuss, in general, the procedures and requirements for the specific area plan pursuant to these regulations and the town of Parker general plan. All applications shall be filed on a form provided by the zoning administrator and shall be accompanied by the required fee and all required materials as outlined in this title and/or on the application. Depending upon the specifics circumstances of the plan or amendment, additional materials may be required by the town in order to adequately review the application.

      2.   By resolution, the town council may establish a schedule prescribing when and how frequently specific area plans and regulations will be considered.

   C.   Procedures: An application for, or an amendment to, a specific area plan and regulations shall be processed and public hearings shall be held in accordance with the Arizona Revised Statutes section 9-461.09 and subsection 10-3-3F of this chapter.

   D.   Subsequent Applications: In the event that an application for, or an amendment to, a specific area plan and regulation is denied by the town council or that the application is withdrawn after the commission hearing, the commission shall not accept another application for the same plan and/or amendment within twelve (12) months of the original hearing unless agreed to by a super majority three-fourths (3/4) vote of the commission. (Ord. 03-2005, 9-6-2005)

   A.   Purpose: In accordance with the provisions of Arizona law, the town council may update and amend the town of Parker general plan. Such amendments or changes may be initiated by the town council, planning and zoning commission, town staff or by a property owner or his/her designated representative.

   B.   Application: Before the town accepts any applications, the applicant shall schedule and attend a preapplication meeting. The purpose of the preapplication meeting is to discuss, in general, the procedures and requirements for the general plan amendment pursuant to these regulations and the town of Parker general plan. All applications shall be filed on a form provided by the zoning administrator and shall be accompanied by the required fee and all required materials as outlined in this title and/or on the application. Depending upon the specific circumstances of the amendment, additional materials may be required by the town in order to adequately review the application.

   C.   Procedures: An application for a general plan amendment shall be processed and public hearings shall be held in accordance with the Arizona Revised Statutes section 9-461.06, this title, and those provisions prescribed in the Parker general plan. Only one town council hearing is designated each year to review and approve all general plan amendments.

   D.   Approval Criteria: In determining whether the proposed general plan amendment shall be approved, the planning and zoning commission and town council shall assure that the proposed amendment meets all of the following criteria:

      1.   The development pattern contained in the existing Parker general plan - land use plan does not adequately provide appropriate optional sites for the use or change proposed in the amendment.

      2.   That the amendment constitutes an overall improvement to the Parker general plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time.

      3.   That the amendment will not adversely impact the community as a whole or a portion of the community by:

         a.   Significantly altering acceptable existing land use patterns;

         b.   Requiring additional and more expensive improvements to roads, sewer, or water delivery systems than are needed to support the prevailing land uses and which, therefore, may impact developments in other areas;

         c.   Adversely impacting existing or previously planned uses through increased traffic generated by the proposal on existing systems; or

         d.   Affecting the livability of the area or the health and safety of the residents.

      4.   That the amendment is consistent with the general plan's overall intent, vision, goals and objectives as well as being compliant with other adopted plans, codes, and ordinances.

      5.   It shall be the burden of the party requesting the general plan amendment to prove that the change constitutes an improvement to the general plan. It shall not be the burden of the town to provide a reason that an amendment should be denied. (Ord. 03-2005, 9-6-2005)