A.   Purpose. As authorized by A.R.S. § 11-829, this chapter establishes a public process for zoning district changes and amendments, upon recommendations by the planning and zoning commission and adoption by the board of supervisors, that:

      1.   Implement the comprehensive plan; and

      2.   Are consistent with the guiding principles of this code.

(Ord. 1985-141 § 1 (part), 1985)

   A.   Certain terms used in this chapter shall be defined, for purposes of this chapter only, as follows:

      1.   Agent: An individual, corporation or partnership with written authorization to represent a property owner in the rezoning process.

      2.   Applicant: A property owner or agent making application and representing a subject property for rezoning.

      3.   Certificate of compliance: A document signed by the planning director certifying that all rezoning conditions which are prerequisites to issuance of building permits have been satisfied.

      4.   Condition: A performance requirement of rezoning.

      5.   Condition, special: A condition relating to development impact mitigation.

      6.   Condition, standard: A condition relating to subdivision, transportation, flood control or wastewater management facilities or policies.

      7.   Substantial change: A change in a:

         a.   Density special condition, if the number of residences per acre (RAC) increases by:

            1)   Ten percent or greater; or

            2)   Fifty or more units; or

         b.   Policy special condition, when the condition is a policy or a variation of a policy contained in a land use plan; or

         c.   Design special condition; that is, when change is to be made to quantified physical dimensions which were established in a special condition to adapt to specific site characteristics or mitigate development impacts on the site and surrounding neighborhood. Examples of such dimensions include setbacks, heights, natural areas, or areas to be disturbed, when these are stated in a special condition; or

         d.   Use special condition which states that only a specific set of uses of the zone are permitted on the site.

      8.   Zoning district: Any portion of Pima County in which the same set of zoning regulations apply.

(Ord. 1994-114 § 6 (part), 1994; Ord. 1992-18 § 1 (part), 1992; Ord. 1985-141 § 1 (part), 1985)

   A.   Scope.

      1.   A zone change or amendment may be requested by filing a rezoning application with the planning and development services department;

      2.   Application for rezoning may only be made by the following:

         a.   The property owner of the subject property; or

         b.   An agent for the property owner; or

         c.   Pima County, upon initiation by the planning and zoning commission.

   B.   Restriction on Application. Applications shall not be considered on property denied rezoning by the board of supervisors within the previous twelve months, if the request is for zoning equal to or less restrictive than that previously denied (Refer to Section 18.05.010B, Zones).

   C.   Staff Consultation. The applicant is advised to consult with county staff concerning potential requirements prior to submittal of the application.

   D.   Application.

      1.   The completed rezoning application shall include, at a minimum:

         a.   A legal description of the property;

         b.   A list, by name and title, of all ownership interest in the property (e.g., individual, corporation, trust or limited partnership), in accordance with A.R.S. § 33-506;

         c.   A letter of authorization for an agent;

         d.   A precise plan showing the area of proposed zoning district changes and land use intensity categories as shown on the comprehensive plan land use plan;

         e.   Applicable rezoning fees, in accordance with the adopted rezoning fees schedule;

         f.   A sketch plan or preliminary development plan (refer to subsection E of this section);

         g.   Rezoning impact statement and a rezoning site analysis, when required (refer to subsection F of this section);

         h.   A biological impact report, including a biological assessment concerning endangered or threatened species.

      2.   Refer to written departmental policies for application specifics, which may require additional submittals;

      3.   Incomplete applications shall not be processed;

      4.   Hearing notification maps shall be prepared only by the planning division.

   E.   Plan Submittals.

      1.   Sketch plan:

         a.   Scope: A sketch plan which illustrates the basic features of the proposed development shall be submitted for rezoning of any parcel that is:

            1)   Less than or equal to one acre in size; or

            2)   Greater than one acre but less than or equal to five acres in size, to be developed at a residential density of less than four residences per acre;

         b.   Specifications: A sketch plan shall contain the following applicable elements:

            1)   Parcel boundaries and dimensions;

            2)   Approximate location and size of all structures;

            3)   Points of ingress and egress;

            4)   Adjacent public rights-of-way;

            5)   Building setbacks; and

            6)   Parking areas;

      2.   Preliminary development plan:

         a.   Scope:

            1)   A preliminary development plan and support data, which illustrate and describe the proposed development, shall be submitted for rezoning of any parcel that is:

               a)   Greater than one acre in size, to be developed for nonresidential uses; or

               b)   Greater than one acre in size, to be developed at a residential density of four or more residences per acre; or

               c)   Greater than five acres in size;

            2)   A plan to be developed in accordance with CPI (Chapter 18.49 Campus Park Industrial Zone), GC (Chapter 18.59 GC Golf Course Zone), cluster development option (Section 18.09.040 General Residential and Rural Zoning Provisions) or the site analysis policy may serve as the required preliminary development plan, provided that all other conditions of this subsection are met:

         b.   Specifications: A preliminary development plan shall be drawn on a topographic map at a scale which is adequate to show all necessary details clearly. It shall contain, at a minimum, the following applicable mapped elements and supporting information:

            1)   Map elements:

               a)   Parcel boundaries and dimensions;

               b)   Approximate location and size of all structures, or lots in the case of single-family detached lot sales developments. On project sites over one hundred acres, lots and structures within one hundred fifty feet of the boundary of the property including the rezoning and proposed lots and structures on visually prominent portions of the property shall be indicated. Additionally, the project site may be divided into planning units, the total number of which shall not exceed one per each ten acres of land in the proposed rezoning area. Within each planning unit no more than three alternative configurations depicting structures and/or lots may be proposed;

               c)   Existing and proposed adjacent public rights-of-way;

               d)   Points of ingress and egress, and internal streets and circulation features, including bicycle and pedestrian paths;

               e)   Parking areas;

               f)   Existing and proposed utility and sewer easements;

               g)   Buffers, screening and walls;

               h)   Landscaped areas;

               i)   Recreation areas, common areas, open spaces and natural areas;

               j)   Natural drainage features and proposed drainage improvements;

               k)   Significant physical features such as restricted peaks or ridges;

               l)   Areas where the natural grade of the site will be changed by more than five feet;

               m)   Wells or well sites within one hundred feet of the site;

               n)   Land uses and number of stories of buildings within three hundred feet of the site; and

               o)   Proposed trail right-of-way determined in consultation with the Pima County parks and recreation department based upon the "Pima Regional Trail System Master Plan Map or successor" and other available information.

            2)   Written support data: The following data shall also be provided:

               a)   Gross floor area of commercial and industrial structures;

               b)   Building heights;

               c)   Total number of dwelling units;

               d)   Maximum residential density of each planning unit;

               e)   Total number of parking spaces;

               f)   Type of landscaping;

               g)   Pertinent preliminary hydrologic data, and a statement if natural drainage courses are to be obstructed or disturbed or if regulatory natural floodplains are to be altered or filled;

               h)   Statement of water service provision and availability; and

               i)   Any other illustrative information which cannot be depicted on the preliminary development plan map;

         c.   Effect: The sketch plan or preliminary development plan shall be presented at public hearings. Adherence to the applicable plan, as may be amended, is a special condition of rezoning approval, unless the condition is specifically deleted by recommendation of the planning and zoning commission and/or action of the board of supervisors.

   F.   Site Analysis Requirements. The site analysis consists of specific written and graphic requirements for inventory and analysis, and the subsequent preliminary development proposal for a site. Refer to written county policy concerning site analysis requirements.

(Ord. 2011-1 § 2 (part), 2011; Ord. 2001-103 § 1 (part), 2001; Ord. 1995-39 § 1 (part), 1995; Ord. 1994-114 § 6 (part), 1994; Ord. 1992-96 § 1 (part), 1992; Ord. 1986-41 § 1 (part), 1986; Ord. 1985-141 § 1 (part), 1985)

   A.   Scope. Rezoning requests are deemed to be initiated upon complete application.

   B.   Exceptions: A request that conforms to a zoning plan does not require public hearings.

   C.   Requirement of Compliance with Comprehensive Plan. Rezoning requests shall be classified as to whether or not they are in compliance with the comprehensive plan.

      1.   The director of planning and development services shall determine if rezoning requests are in compliance with the comprehensive plan.

      2.   If a rezoning request complies with the Pima Prospers Land Use Intensity Legend with regard to each land use intensity category and the gross density limitation for the land use category in which the subject property is located, the rezoning request shall be determined to be in compliance with the comprehensive plan.

      3.   A determination as to whether or not a rezoning request is in compliance with the comprehensive plan may be appealed to the commission, provided such an appeal is requested in writing within thirty working days from the date of the determination.

      4.   Rezoning requests determined to not be in compliance with the comprehensive plan.

         a.   Rezoning requests determined to not be in compliance with the comprehensive plan shall not be set for a public hearing until the applicant has submitted, and the board has approved, an application to amend the comprehensive plan land use plan, in accordance with Section 18.89.040. If the plan amendment is approved by the board and it is subsequently determined, in accordance with this section, that the rezoning request complies with the comprehensive plan, the rezoning request shall be set for a public hearing upon request by the applicant, in accordance with Section 18.91.040.D.

         b.   Rezoning requests determined to not be in compliance with the comprehensive plan, but which meet the requirements for a concurrent plan amendment/rezoning in Section 18.89.041 shall be set for public hearing, in accordance with this chapter.

      5.   The planning director shall notify the applicant of the determination regarding compliance with the comprehensive plan within ten working days of submittal of a complete application.

   D.   Payment of Fees. The planning division shall not schedule a request for commission public hearing until all applicable rezoning fees are paid.

   E.   Limitations on Applications. An applicant shall have nine months from the date of submittal of an application to request a public hearing on the application. If a request is not submitted, the application shall be closed due to a lack of further action. Incomplete applications shall be closed three months after the date of submittal.

(Ord. 2017-3 § 6 (part), 2017; Ord. 2010-27 § 2, 2010; Ord. 2007-41 § 5, 2007; Ord. 1995-94 § 3, 1995; Ord. 1994-114 § 6 (part), 1994; Ord. 1994-11 § 3 (part), 1994; Ord. 1992-96 § 1 (part), 1992; Ord. 1987-20 § 1 (part), 1987; Ord. 1986-41 § 1 (part), 1986; Ord. 1985-141 § 1 (part), 1985)

   A.   Staff report. The planning division shall prepare a report on the rezoning request which, at a minimum:

      1.   Discusses and determines the extent to which the proposed rezoning is in compliance with both the land use intensity categories of the land use plan, Section 18.89.030A, and plan policies, Section 18.89.040(B).

      2.   Assesses the site analysis (when required) or rezoning impact statement;

      3.   Analyzes the expected impact of the proposed development on the site and surroundings, including but, not limited to, the expected impact on endangered or threatened species of plants and animals;

      4.   Contains a departmental recommendation to the planning and zoning commission;

      5.   Includes the comments and standard conditions of other affected county departments and public agencies, including any applicable county review committees;

      6.   Recommends special conditions which would place density, design or use restrictions on the use of the proposed zone.

      7.   If applicable, evaluates the conformance of the rezoning request to the performance standards of Chapter 18.67 (Buffer Overlay Zone).

   B.   Availability of report.

      1.   The staff report shall be available for public inspection fifteen days prior to the date of commission public hearing;

      2.   The applicant shall be provided an opportunity to discuss staff recommendations prior to public availability of the report.

(Ord. 2001-103 § 1 (part), 2001; Ord. 1998-51 § 5, 1998; Ord. 1994-11 § 3 (part), 1994; Ord. 1993-12 § 1 (part), 1993; Ord. 1992-96 § 1 (part), 1992; Ord. 1992-18 § 1 (part), 1992; Ord. 1985-141 § 1 (part), 1985)

   A.   Public review.

      1.   When a site analysis is required, the applicant is responsible for written contact of all property owners within the notification area and of affected neighborhood associations, and shall offer to hold a meeting, with a specified date, for review of the proposed rezoning. An adequate site analysis shall be available at the meeting;

      2.   The applicant shall provide written proof of contact and offer of meeting to the department at least thirty days prior to the date of public hearing by the commission;

      3.   The request shall not be set for public hearing without such written proof.

   B.   Public Notice.

      1.   Planning and zoning commission public hearing: A minimum of fifteen days prior to the hearing, the department shall provide notice by:

         a.   Publication once in a newspaper of general circulation in the county seat; and

         b.   Posting of the property or area to be considered at the hearing, with a minimum of two notices and, for rezonings, at least one notice each quarter mile of frontage along a public right-of-way, all such notices being at least seventeen by eleven inches in dimension; and

         c.   Mailing written notice, for rezoning items only, to all property owners within the proposed zoning district and all property owners within three hundred feet of the proposed district, except that notice shall be expanded to include owners of property within one thousand feet of the district if existing zoning of the district is RH, GR-1, SR or SR-2;

      2.   Board of supervisors public hearing: As required for the commission;

      3.   Exceptions: Mailed, written notice and posting of property for public hearings shall not be required for adoption or amendment of a county land use plan (refer to Chapter 18.89 Land Use Plans);

      4.   Expansion of notice: The commission or supervisors may expand the notification area to greater than three hundred feet, which shall be noticed prior to a public hearing;

      5.   Failure of notice: The unintentional failure to give written notice or the unintentional omission of the name of a property owner shall not invalidate an action of the commission or supervisors.

   C.   Public comment.

      1.   Neighborhood associations and other interested parties may register for notification of public hearings in accordance with written departmental policy;

      2.   Rules of procedure shall be in accordance with adopted written commission or supervisors policies.

   D.   United States Fish and Wildlife Service Comment.

      1.   The applicant is responsible for written notice to the United States Fish and Wildlife Service of the pending rezoning matter.

      2.   The applicant shall provide staff with written proof of notice to the United States Fish and Wildlife Service at least 30 days prior to the date of public hearing by the commission.

      3.   The United States Fish and Wildlife Service may register for notification of public hearings pursuant to subsection 18.91.060(C).

(Ord. 2011-2 § 21, 2011; Ord. 2001-103 § 1 (part), 2001; Ord. 1999-79 § 1 (part), 1999; Ord. 1988-204 (part), 1989; Ord. 1985-141 § 1 (part), 1985)

   A.   Hearing.

      1.   After proper public notice, the planning and zoning commission shall hold a public hearing on the application, at which all interested parties may appear and shall be heard;

      2.   The commission may recommend amendments or additions to staff-recommended rezoning conditions;

      3.   The commission may continue the public hearing, for a definite time not to exceed nine months, on its own initiative or at the request of the applicant or affected property owners.

   B.   Transmittal of findings to board of supervisors.

      1.   After the public hearing, the planning division shall transmit the findings and recommendations of the commission to the board of supervisors, except as provided in subsection (B)(3) of this section;

      2.   Planning staff may also transmit alternative recommendations when staff and commission opinions differ;

      3.   Department evaluation:

         a.   The department is authorized to evaluate recommendations of the commission when enforceability is uncertain;

         b.   If such evaluation results in, or implies, a change in intent, as determined by the commission legal advisor, the evaluation shall be submitted to the commission for its decision at a noticed public hearing, prior to transmitting commission findings to the supervisors;

         c.   All evaluations shall be submitted to the commission at the next regular commission public hearing.

   C.   Review of zoning plan plat waiver requests.

      1.   An application that conforms to the zoning designation of a zoning plan requiring the filing of a subdivision plat as a condition of rezoning may include a request to waive the platting requirement. The waiver request shall be accompanied by a biological impact report and shall be referred to the commission for review and recommendation.

      2.   An advertised public hearing or mailed notice is not require

         d.   The commission may make amendments or additions to staff recommended conditions of the plat waiver. After the commission has made its recommendation, the planning division shall transmit the recommendation of the commission to the board of supervisors.

   D.   Limitations:

   The applicant shall have three months from the time of final commission action on the application to request a board of supervisors public hearing on the application. If a request is not submitted, the application shall be closed, due to lack of further action.

(Ord. 2001-103 § 1 (part), 2001; Ord. 1997-68 § 2, 1997; Ord. 1994-114 § 6 (part), 1994; Ord. 1987-20 § 1 (part), 1987; Ord. 1985-141 § 1 (part), 1985)

   A.   Hearing.

      1.   After proper public notice, the board of supervisors shall hold a public hearing on the application, at which all interested parties may appear and shall be heard. An advertised hearing or mailed notice is not required for zoning plan plat waiver requests.

      2.   The supervisors may continue the public hearing, for a definite time not to exceed nine months, on their own initiative or at the request of the applicant or affected property owners.

   B.   Protest petition and voting requirement.

      1.   A three-fourths vote of all member of the board of supervisors shall be required for approval, if written protest submitted to the supervisors two business days prior to the public hearing totals at least twenty percent of the owners of property, by area and number, within three hundred feet of the rezoning.

      2.   In calculating protest by area, only that portion of a lot or parcel of record situated within three hundred feet of the rezoning shall be included. In calculating protest by number or area, county property and public rights-of-way shall not be included.

      3.   Written withdrawals of protest to a rezoning may be submitted until the close of the supervisors public hearing.

      4.   If the existing zoning of the rezoning request area includes RH, GR-1, SR or SR-2, the planning division shall provide to the supervisors an additional calculation of written protests submitted from owners of property within the one thousand foot notification area.

   C.   Approval by the supervisors.

      1.   The supervisors may amend commission recommendations or approve additional rezoning conditions.

      2.   If the supervisors approve the request, the planning and development services department shall schedule for adoption a rezoning ordinance comprising a map and a list of all rezoning conditions approved by the supervisors. The rezoning ordinance shall state that the supervisors may waive or amend conditions, but that if the planning and development services director determines that the amendment or waiver would result in a substantial change in rezoning conditions, the planning and zoning commission shall hold a public hearing on the request prior to public hearing by the supervisors.

      3.   If a rezoning is approved by the supervisors, the approval shall be subject to a time limit of not more than five years from the date of approval in which to meet all rezoning conditions.

      4.   Department evaluation:

         a.   The planning and development services department is authorized to evaluate conditions approved by the supervisors when enforceability is uncertain;

         b.   If such evaluation results in, or implies, a change in intent, as determined by the board of supervisors legal advisor, the evaluation shall be resubmitted to the supervisors for their decision and a noticed public hearing;

         c.   All evaluations shall be submitted to the supervisors at a regular supervisors public meeting within thirty days of initial action.

   D.   Denial by the Supervisors. Future applications for rezoning are restricted by Section 18.91.030B.

(Ord. 2017-3 § 6 (part), 2017; Ord. 1999-79 § 1 (part), 1999; Ord. 1998-35 § 2, 1998; Ord. 1997-68 § 2, 1997; Ord. 1996-91 § 1 (part), 1996; Ord. 1994-114 § 6 (part), 1994; Ord. 1993-12 § 1 (part), 1993; Ord. 1992-18 § 1 (part), 1992; Ord. 1985-141 § 1 (part), 1985)

   A.   Time Limits

      1.   A certificate of compliance shall not be issued unless all rezoning conditions are satisfied on or before the expiration date established for the case under Section 18.91.080 or Section 18.91.100(C).

      2.   If rezoning conditions have not been satisfied within the required time limit and a written request for a time extension has not been received by the planning division. The case shall be forwarded to the board of supervisors for reversion to its previous zone in accordance with Section 18.91.100(F). For purposes of this chapter, the term "previous zone" means the zoning classification existing on the property immediately prior to the rezoning.

   B.   Determination of Conformance. During satisfaction of the conditions of a rezoning, if a subdivision plan (Chapter 18.69, subdivision standards), development plan (Chapter 18.71, development plan standards), landscape plan (Chapter 18.73, landscape plan requirements and review procedures) or other submittal does not substantially conform to the sketch plan or preliminary development plan as approved, staff review shall cease and the planning and development services director shall recommend that a waiver request be initiated (refer to Section 18.91.100(A).

   C.   Issuance of Certificate of Compliance.

      1.   The planning official shall sign the certificate of compliance only when all rezoning conditions which are prerequisites to the issuance of building permits have been satisfied.

      2.   No permits based on the adopted rezoning ordinance shall be issued unless and until a certificate of compliance is signed by the planning official, except as otherwise provided in this code.

(Ord. 1996-91 § 1 (part), 1996; Ord. 1992-18 § 1 (part), 1992; Ord. 1985-141 § 1 (part), 1985)

   A.   Amendment or Waiver of Rezoning Conditions.

      1.   The owner of a property may submit to the planning and development services department a written request to amend or waive one or more of the conditions of the rezoning;

      2.   The request shall be accompanied by a biological impact report and documentation of unforeseen changes in the marketplace, governmental regulations or natural conditions, that have occurred since the approval and that create special hardship due to unique circumstances of the subject property;

      3.   All requests for the amendment or waiver of approved or adopted rezoning conditions shall require a noticed public hearing and action by the board of supervisors;

      4.   If the planning official determines that the amendment or waiver would result in a substantial change, as defined in Section 18.91.020(A)(7) in any rezoning condition, the planning official shall refer the request to the planning and zoning commission for noticed public hearing and recommendation prior to public hearing by the supervisors. A request for an amendment or waiver that would result in a substantial change to an approved condition of rezoning is subject to the protest petition procedures of Section 18.91.080(B);

      5.   For all hearings, the department shall prepare a staff report in accordance with Section 18.91.050(A);

      6.   In addition, the supervisors may refer any amendment or waiver request to the commission for its recommendation prior to taking action. If they determine that an amendment or waiver would result in a substantial change in rezoning conditions, they shall refer it to the commission;

      7.   If the supervisors amend or waive a rezoning condition, the planning and development services department shall prepare a resolution stating the approved amendment or waiver of condition, and schedule it for adoption by the supervisors.

   B.   Sketch Plan or Preliminary Development Plan Changes.

      1.   Public hearing process: If modifications of a sketch plan or preliminary development plan occur by action of the planning and zoning commission or board of supervisors during the public hearing process, an overlay map or a revised plan showing the recommended revisions shall be submitted to the planning and development services department:

         a.   If changes are recommended by the commission, no further public hearing shall be advertised until receipt of an acceptable overlay map or a revised plan, which verifies the recommended changes;

         b.   If changes are made by the supervisors and, in the opinion of the supervisors, the changes warrant the commission's reconsideration of the plan, the supervisors may re-refer the plan to the commission for further recommendation. No hearing before the commission shall be held until receipt of an acceptable overlay map or a revised plan which verifies the changes made by the supervisors;

         c.   If changes are made by the supervisors and, in the opinion of the supervisors do not warrant the commission's reconsideration of the plan, the changes shall be incorporated into the revised sketch plan or preliminary development plan, which shall be submitted to the department within thirty working days after the hearing. No subdivision plans, development plans or other submittals shall be accepted until the revised plan is received and verified;

      2.   Subsequent to approval:

         a.   Once a sketch plan or preliminary development plan has been approved by the supervisors, only nonsubstantial changes which do not change the intent of the plan can be made with the approval of the planning and development services director. The director may, however, recommend that any nonsubstantial change be referred to the commission or the supervisors as a waiver request;

         b.   Any substantial change to an approved sketch plan or preliminary development plan shall be considered as a waiver request (refer to Section 18.91.100A).

   C.   Time Extensions.

      1.   A property owner or the owner's authorized agent may request an extension of the time limit established for a case under Section 18.91.080. A written time extension request shall be accompanied by a biological impact report and shall be submitted to the planning division on or before the expiration date of the time limit. Rezoning time extension fees shall be paid in accordance with the adopted fees schedule.

      2.   The planning division shall prepare a report on the time extension request in accordance with Section 18.91.050.A and may, as warranted by changed circumstances, also recommend the addition, modification or deletion of rezoning conditions. The staff report shall indicate whether or not the recommended modification or deletion would result in a substantial change of a zoning condition that would require a hearing before the planning and zoning commission under Section 18.91.100.A.6.

      3.   A noticed public hearing by the board of supervisors is required for time extensions. Notice shall be provided in accordance with Section 18.91.060.B. At the time of consideration of a time extension request, the supervisors may add, modify or delete rezoning conditions in conformance with Section 18.91.100.A.6.

      4.   The board of supervisors shall not grant a time extension beyond ten years from the date of original rezoning approval.

      5.   The supervisors may choose to approve only a portion of the rezoning for a time extension. The approved new time limit begins as of the previous expiration date.

      6.   If a rezoning ordinance has not been adopted for the rezoning prior to the expiration date and the supervisors approve a new time limit, a rezoning ordinance shall be forwarded to the supervisors for adoption.

      7.   If a rezoning ordinance has been adopted, a resolution for the new time limit shall be forwarded to the supervisors for adoption.

      8.   If the supervisors deny the time extension request, the rezoning case shall be closed and the property shall revert to its previous zone.

   D.   Rezoning Applications Approved Prior to April 3, 1992.

      1.   Rezoning requests which had conditional approval and no time limit prior to April 3, 1992 may be closed or receive time limits in accordance with Section 18.91.100.C or F, or be scheduled for rezoning ordinance adoption in accordance with Section 18.91.080.C.2, after a decision of the board of supervisors.

      2.   Rezoning requests which received conditional approval prior to April 3, 1992, and are subject to a time limit may be scheduled for rezoning ordinance adoption in accordance with Section 18.91.080.C.2. Prior to the expiration date, the planning division shall notify the owner and process the rezoning in accordance with Section 18.91.100.C.

      3.   Public hearings and notice shall be provided in accordance with this chapter.

   E.   Closure of Rezoning Cases.

      1.   The planning division shall close rezoning cases:

         a.   Upon expiration of time limits prescribed in Sections 18.91.040.E and 18.91.070.C;

         b.   Upon written request of the applicant made prior to adoption of a rezoning ordinance by the board of supervisors for the entire property;

         c.   After the effective date of annexation for the entire property;

         d.   Upon denial of the rezoning request by the supervisors;

         e.   Upon issuance of a certificate of compliance by the planning director for the entire property;

         f.   Upon reversion of the property to its previous zone by action of the supervisors in accordance with Section 18.91.100.C and F.

         g.   Upon denial of a rezoning time extension request. If a time extension request is denied for only a portion of the rezoning site, that portion of the rezoning shall be closed.

   F.   Reversion of Rezoning.

      1.   After the expiration date of a time limit, if no time extension request has been submitted and the required rezoning conditions have not been satisfied which would allow a certificate of compliance to be issued for all or a portion of the property, then the planning division shall schedule a public hearing by the board of supervisors to cause the property to revert to its previous zoning classification.

      2.   The planning division shall notify the property owner by registered mail of a public hearing date before the supervisors.

      3.   If the supervisors decide not to close the rezoning case, the applicant shall submit a time extension request and fee to the planning division within 30 days of the date of the supervisors' decision. The planning division shall prepare a time extension request for public hearing in accordance with Section 18.91.100.C. If the time extension application and fee are not filed within the required 30 days, the rezoning case shall be closed by the planning division.

      4.   If the supervisors close the rezoning case, the property shall revert to its previous zone.

   G.   Special Procedures for Golf Course (GC) Zoning.

   Refer to Section 18.59.560 (GC Golf Course Zone) for GC requirements and procedures.

(Ord. 2001-103 § 1 (part), 2001; Ord. 1996-91 § 1 (part), 1996; Ord. 1994-114 § 6 (part), 1994; Ord. 1993-12 § 1 (part), 1993; Ord. 1992-18 § 1 (part), 1992; Ord. 1987-74 § 1, 1987; Ord. 1985-141 § 1 (part), 1985)