The supervisors may from time to time after receiving a report thereupon by the county planning and zoning commission and after public hearings as required by law, change zoning district boundaries set forth herein or subsequently established.

(Ord. No. 011812-ZO-PZ-C-007-10, § 16)

All rezonings shall be consistent with and conform to the comprehensive plan. In the case of uncertainty in constructing or applying the conformity of any part of a proposed rezoning ordinance to the county's comprehensive plan, the rezoning ordinance shall be construed in a manner that will further the implementation of and not be contrary to the goals, policies and applicable elements of the comprehensive plan. A rezoning ordinance conforms with the comprehensive plan if it proposes land uses, densities or intensities with the range of identified uses, densities and intensities of the comprehensive plan.

(Ord. No. 011812-ZO-PZ-C-007-10, § 16)

Rezonings may be initiated by the commission on its own motion or by a property owner or authorized agent of a property owner desiring a rezoning filing an application for the rezoning.

(Ord. No. 011812-ZO-PZ-C-007-10, § 16)

A.

Dates. Applications filed on or after February 18, 2012. Applications for rezonings filed on or after February 18, 2012, must be to a zoning district classification listed in PCDSC 2.15.040, zoning districts on and after February 18, 2012, and must follow the procedures set forth in this chapter.

B.

Amendment to the comprehensive plan. Any application for rezoning requiring an amendment to the comprehensive plan shall not be approved until the necessary comprehensive plan amendment has been approved by the supervisors and the referendum period for the comprehensive plan amendment expired; or if a referendum petition is filed, when the comprehensive plan amendment is successfully defended against the referendum.

C.

Restriction on application. A rezoning application shall not be accepted for processing on any property that was part of a rezoning application denied by the supervisors within the previous six months.

D.

Withdrawal of application. After submittal and acceptance of a completed application, applicant, without any action by the supervisors, may withdraw the rezoning application up to the time the notice of the supervisors' public hearing on the rezoning application has been published. After the notice of the public hearing has been published, the applicant may make a request to the supervisors to withdraw the rezoning application. The supervisors, at their discretion, may grant the withdrawal request or hear the rezoning application.

E.

Pre-application meeting. Prior to filing an application, the property owner and/or property owner's authorized agent shall attend a pre-application meeting with the planning and development department and other appropriate county staff to familiarize staff with the proposed rezoning and identify and discuss any issues related to the proposal and to review the application requirements. The pre-application meeting shall not be interpreted as staff approval for the proposed rezoning and does not commit the county to approving the proposed rezoning.

(Ord. No. PZ-C-001-13, § 3; Ord. No. 011812-ZO-PZ-C-007-10, § 16)

A.

Pre-application submittal.

1.

The application shall include those forms, maps, plans and other documents prescribed by the planning director as necessary to:

a.

Identify the applicant(s).

b.

Identify the property of the proposed rezoning.

c.

Identify all owners of the property of the proposed rezoning and their authorized agents.

d.

Describe the nature of the request.

e.

State justifications or reasons for the request.

f.

Show compliance with the comprehensive plan.

g.

Show whether the property that is the subject of the rezoning application is adjacent to a projected regionally significant route (RSR) as identified on the corridor preservation map (figure 9) in the Regionally Significant Routes for Safety and Mobility, Final Report, December 2008. If adjacent to a projected RSR, show how applicant will comply with the Regionally Significant Routes for Safety and Mobility, Final Report, December 2008, and the Regionally Significant Routes for Safety and Mobility, Access Management Manual, October 2008.

2.

The application shall be accompanied by:

a.

A preliminary site plan according to the map requirements and support data prescribed by the planning and development department.

b.

A nonrefundable filing fee in accordance with the fee schedule adopted under the authority of PCDSC 2.160.050.

B.

Application submittal.

1.

The application shall include those forms, maps, plans and other documents prescribed by the planning director as necessary to:

a.

Identify the applicant(s).

b.

Identify the property of the proposed rezoning.

c.

Identify all owners of the property of the proposed rezoning and their authorized agents.

d.

Describe the nature of the request.

e.

State justifications or reasons for the request.

f.

Show compliance with the comprehensive plan.

g.

Show whether the property that is the subject of the rezoning application is adjacent to a projected regionally significant route (RSR) as identified on the corridor preservation map (figure 9) in the Regionally Significant Routes for Safety and Mobility, Final Report, December 2008. If adjacent to a projected RSR, show how applicant will comply with the Regionally Significant Routes for Safety and Mobility, Final Report, December 2008, and the Regionally Significant Routes for Safety and Mobility, Access Management Manual, October 2008.

2.

The application shall be accompanied by:

a.

A preliminary site plan according to the map requirements and support data prescribed by the planning and development department.

b.

All information deemed necessary by the planning and development department.

c.

A nonrefundable filing fee in accordance with the fee schedule adopted under the authority of PCDSC 2.160.050.

d.

A legal description for each zoning district requested in the rezoning application.

3.

The application shall be accompanied by the following information about water supply and demand:

a.

Identify the water service provider.

b.

Provide an estimated range of water demand and include an explanation of the method used to obtain the estimate.

c.

Provide information about water supply and source, including renewable and nongroundwater supplies.

4.

If a portion of the water supply for the proposed project is groundwater, the application shall be accompanied by the following information that is publicly available from the Arizona Department of Water Resources (ADWR) and/or Arizona Geological Survey, or otherwise available to the land owner:

a.

Depth to bedrock.

b.

Depth to groundwater.

c.

Known fissures or land subsidence in the area.

d.

Known wells in the area, available information on status and water levels.

e.

Summary of data-gathering efforts and sources of information.

Please note: Approval of a rezoning is not an approval of water adequacy or water quality. The applicant's ability to develop land included in a rezoning rests upon a demonstration to the ADWR that there is sufficient water to serve the proposed development at the time of final platting.

5.

The application must be complete and signed by all owners of the land proposed to be rezoned or by their authorized agents. An application signed by a property owner's authorized agent requires documentation in a format required by the county of the agent's authorization to sign on behalf of the owner and/or to agree to conditions on behalf of the owner.

6.

A property owner may propose a schedule for development for the requested rezoning.

C.

Review for submittal compliance. The planning and development department staff shall review the application and determine whether the application complies with submittal requirements. An incomplete application will not be processed. If the application does not comply with submittal requirements, the planning and development department staff shall notify the applicant of the submittal deficiencies and provide the applicant the opportunity to revise or correct the application deficiencies. If the applicant does not remedy the deficiencies within 90 calendar days from the date the planning and development staff notifies the applicant of the deficiencies, the file shall be closed and reapplication will require a new application and fee. If the application complies with all submittal requirements, the planning and development department staff shall accept the application as complete and notify the applicant of its acceptance for processing.

D.

Staff review of application. Upon acceptance of a completed application, the planning and development department shall review the application and distribute the application for review to the applicable county departments and cities, towns and other public entities contiguous to the property where the rezoning is proposed. The county case planner shall determine compliance with all applicable plans, regulations and standards, and identify any significant concerns and prepare and submit a report on the rezoning application to the commission prior to the commission's public hearing on the rezoning application. The report will at a minimum:

1.

Discuss and determine the extent to which the proposed rezoning is consistent with and conforms to the comprehensive plan and applicable adopted land use plans.

2.

Provide a site analysis.

3.

Summarize information obtained during review of the application.

4.

Include the comments and conditions of other county departments and other agencies, if any.

E.

Citizen review.

1.

Purpose.

a.

Ensure that applicants pursue early and effective citizen review in conjunction with their applications, giving them the opportunity to understand and to try to mitigate any real or perceived impacts their applications may have on the neighborhood or community.

b.

Ensure that applicants notify adjacent property owners and other potentially affected citizens of the application and the substance of the proposed rezoning and provide them with an opportunity to express any issues or concerns they may have with the proposed rezoning before any public hearing.

c.

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

2.

Intent. This review is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors and to allow for informed decision-making.

3.

Process. Every applicant for a rezoning shall comply with the following:

a.

Neighborhood/community meeting. At a minimum and before any public hearing, the applicant shall conduct and hold at least one neighborhood/community meeting at a specified date and time for review of the proposed rezoning.

i.

Notice of the meeting shall be sent to the head of homeowners' or community associations nearest the property proposed for rezoning.

ii.

Notice shall be sent to all real property owners, as shown on the last assessment of the property, within 1,200 feet of the property proposed for rezoning.

iii.

Notification shall include the date, time and location of the meeting, a description and location of the project and how verbal and written comments can be submitted.

iv.

Notwithstanding the notice requirement, the failure of any person or entity to receive notice shall not constitute grounds for preventing any action by the county.

b.

Other contacts. The applicant may do other mailings, including letters, newsletters and other publications.

c.

Report. A report documenting the citizen contact implemented by the applicant shall be provided to the planning and development department by the applicant at least 30 calendar days prior to the date of the public hearing held by the commission. A public hearing will not be set without the report. At a minimum, this report shall include:

i.

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

ii.

Content, dates mailed, numbers of mailings, including letters, meeting notices, newsletters and other publications, and names and addresses where mailed.

iii.

Copies of mailings.

iv.

Copies of sign-in sheets from all public meetings.

v.

A summary of concerns, issues and problems expressed during the process, including:

(A)

The substance of the concerns, issues and problems.

(B)

Statement as to how the applicant has addressed or intends to address concerns, issues and problems expressed during the process.

(C)

A statement about the concerns, issues and problems the applicant is unwilling or unable to address and why.

d.

Additional contacts. The planning and development department, commission or supervisors may require the applicant to hold additional citizen meetings or transmit additional mailings due to the time frame between the last citizen meeting and the date of the application submittal or any substantial changes that have occurred to the proposal since the last citizen meeting was held.

F.

Broadcast notification signs.

1.

Broadcast signs shall meet the size and content requirements prescribed by the planning and development department.

2.

Posting requirements are as follows:

a.

Shall be installed and removed by the applicant;

b.

Shall be installed 21 calendar days before the commission hearing;

c.

Shall remain in place until the supervisors have made a decision on the case or applicant has withdrawn the case;

d.

Shall be removed no later than 30 calendar days after the supervisors have made a decision on the case or applicant has withdrawn the case;

e.

Shall be placed adjacent to each road that borders the property, or as determined by the planning director, in a location which allows clear visibility by the public;

f.

Can contain more than one case; and

g.

Provide room for county posting of notice of hearing.

G.

Commission public hearing and notice requirements. The commission shall hold at least one public hearing on the proposed rezoning. Notice of the public hearing shall be given by:

1.

Publication. At least one publication in a newspaper of general circulation in the county seat at least 15 calendar days prior to the date of the public hearing.

2.

Posting. Posting the area included in the proposed rezoning at least 15 calendar days prior to the date of the public hearing. The posting shall be in no less than two places with at least one notice for each quarter mile of frontage along perimeter public rights-of-way so that the notices are visible from the nearest public right-of-way. It shall not be the responsibility of the county to maintain such posting once erected.

3.

Mailings.

a.

By first class mail to each property owner, as shown on the assessment of the property, within 600 feet of the proposed rezoning;

b.

By first class mail to each county and municipality contiguous to the area of the proposed rezoning; and

c.

In proceedings that are initiated by the commission, by first class mail to each real property owner as shown on the last assessment of the property of the area to be rezoned.

4.

Notice content. At a minimum, the notice shall include the following:

a.

The date, time and place of the public hearing;

b.

A general explanation of the matter to be considered;

c.

A general description of the area of the proposed rezoning;

d.

An explanation of how the property owner within the zoning area may file approval or protest to the proposed rezoning; and

e.

How the real property owners within the zoning area may file approvals or protests of the proposed rezoning.

H.

Commission hearing and recommendation. After the required neighborhood/community meetings have been held and the notices given as required in this chapter, the commission shall hold a public hearing on the rezoning application and forward a recommendation to the supervisors.

I.

Staff report to the supervisors. After the commission's public hearing and recommendation, staff shall transmit the report prepared for the commission together with:

1.

Any additional information received at the commission's public hearing or after the public hearing.

2.

The commission minutes on the public hearing and the recommendation of the commission.

3.

If staff and commission recommendations differ, staff may transmit alternative recommendations to the supervisors.

J.

Supervisors' action.

1.

In accordance with A.R.S. title 11, ch. 6 (A.R.S. § 11-801 et seq.), if the commission has held a public hearing, the supervisors through the use of a consent calendar without holding a second public hearing may adopt the commission's recommendations if there is no objection, request for public hearing or other protest.

2.

If there is an objection, protest, or request for a public hearing, or if a supervisor requests the matter be removed from the consent calendar, the supervisors shall hold a public hearing with notice of the public hearing being given at least 15 calendar days prior to the date of the public hearing by one publication in a newspaper of general circulation in the county seat and by posting the area included in the proposed rezoning. It shall not be the responsibility of the county to maintain such posting once erected. After holding the hearing, the supervisors may act upon the proposed rezoning.

K.

Conditional zoning. The supervisors may approve a change of zone conditioned on a schedule for development of the specific use or uses for which rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the supervisors after notification by registered mail to the owner and applicant who requested the rezoning shall schedule a public hearing to grant an extension, determine compliance with the schedule for development or cause the property to revert to its former zoning classification.

L.

Failure to give notice. The unintentional failure to give written notice of a public hearing or the unintentional omission of the name of a property owner shall not invalidate an action taken by the commission or the supervisors on the request for a rezoning.

M.

Plats and/or specific site plans or individual site plans. A plat and/or specific site plan or individual site plan in substantial compliance with the preliminary site plan shall be filed in accordance with chapter 2.200 PCDSC; the schedule for development, if any; or the county's subdivision regulations.

1.

There may be more than one plat, specific site plan or individual site plan within the area covered by the rezoning.

2.

Approval of a specific site plan in accordance with chapter 2.200 PCDSC does not replace the plat process and shall not be used to circumvent the plat process required by the county's subdivision regulations.

3.

Where the plat process is required, no specific site plan, if applicable, may be approved prior to final plat approval.

4.

A plat, specific site plan or individual site plan shall be deemed in substantial compliance with the preliminary site plan; provided, that the plat or specific site plan or individual site plan does not:

a.

Change the uses or character of the approved rezoning.

b.

Change the number or make a substantial change in the location of arterial or collector streets.

5.

Dedications may be required with approval of the final plat, specific site plan or individual site plan when substantiated by final studies, which usually are not completed until time for county staff to review the final plat, specific site plan or individual site plan. Studies may be for, but are not limited to, drainage, hydrology, and traffic analysis.

6.

If a plat, specific site plan or individual site plan does not substantially conform to the approved preliminary site plan, the planning and development department or public works department shall notify the applicant of the deficiency, and the review of the plat or site plan by county staff shall terminate until the deficiency is remedied.

(Ord. No. PZ-C-001-13, § 3; Ord. No. PZ-C-001-12, § 1; Ord. No. 011812-ZO-PZ-C-007-10, § 16)