A.

The purpose of this chapter is to establish the process for preparation and adoption of a comprehensive plan for Pinal County. The comprehensive plan and subsequent plan amendments will ensure the establishment of a land use policy for future development of the county and will further be detailed through specific land use plans (area, community, village, neighborhood and special area).

B.

The comprehensive plan establishes, and the other plans make specific, the goals of Pinal County regarding future development of the county, reflecting public consensus on land use issues. The plans are to serve as official guides for the commission, the supervisors, and all county officials and agencies for accomplishing coordinated physical development consistent with current and anticipated needs of the county. Such plans constitute official notice to the public of county development recommendations and requirements for specific areas.

(Ord. No. PZ-C-002-10, § 2; Ord. No. 61862, § 3201)

Pursuant to A.R.S. § 11-806, the commission may direct the preparation of a comprehensive plan so as to conserve the natural resources of the county, ensure efficient expenditure of public funds and promote the health, safety, convenience and general welfare of the public. The commission shall act in an advisory capacity to the supervisors in reviewing and making recommendations relating to the comprehensive plan.

(Ord. No. PZ-C-002-10, § 3; Ord. No. 61862, § 3202)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Annual plan program means a work program prepared by the planning and development department, which identifies and prioritizes the long-range planning activities on an annual basis. The annual plan program will be reviewed by the commission and approved by the supervisors.

Comprehensive plan means a plan prepared and adopted pursuant to A.R.S. § 11-806, the purpose being to bring about the coordinated physical development in accordance with the present and future needs of the county.

Plan policy means a written statement in a plan which provides:

1.

Procedural recommendations; or

2.

Development recommendations, which may be imposed as special conditions of rezoning.

Specific land use plan means "area plan," "community plan," "village plan," "neighborhood plan," or "special area plan" prepared for a portion or portions of the county that provides a more detailed analysis of the comprehensive plan.

(Ord. No. PZ-C-002-10, § 4; Ord. No. 61862, § 3203)

A.

Comprehensive plan. An adopted plan covering the unincorporated area of Pinal County under the county's jurisdiction, which shall be prepared by the county in coordination with municipalities, Indian communities and State of Arizona:

1.

The plan shall further the purpose defined in PCDSC 2.170.010 by:

a.

Establishing the relationship of the various plans to geographic planning sectors and the entire planning area;

b.

Establishing land use elements which guide planning and coordinate the timing and implementation of capital improvement activities, such as transportation, flood control, and county facilities; and

c.

Determining the relative suitability of individual geographic sectors for various land use types and development intensities.

2.

The comprehensive plan is defined in greater detail by adoption of specific land use plans which apply the intent of the comprehensive plan to small geographic sectors and planning areas. The preparation and update of the comprehensive plan is the responsibility of the county.

3.

Plan elements. This plan shall include, at a minimum:

a.

The general character and location of major transportation corridors, major infrastructure such as bridges, and transit systems;

b.

Recognition of the need to plan for community facilities, such as schools, libraries, water delivery and sewage systems, solid waste disposal facilities, police and fire facilities and airports;

c.

A land use classification system, including general land use types and development intensities;

d.

Identification of recreational opportunities, such as hiking and riding trails, developed or undeveloped parks, and open space systems;

e.

The general location and recognition of need for wildlife and natural resource conservation areas such as forest and desert lands;

f.

Identification of areas of natural constraints, such as hillsides and floodplains;

g.

Identification of known archaeological and historic resources, and community character and aesthetic issues.

B.

Area plan. An adopted plan covering a relatively large area which has been identified as an appropriate planning area because of special geological conditions or development trends.

1.

Area plans shall further the intent of the comprehensive plan and shall provide more specific land use recommendations and policies;

2.

Plan elements. Area plans shall include, at a minimum:

a.

Existing and planned residential density ranges in terms of dwelling units per acre;

b.

Location of existing and planned commercial and industrial uses, including designation, where appropriate, of enterprise type;

c.

Existing and proposed overlay zones and special use districts;

d.

General character and location of major streets and routes;

e.

Natural or artificial drainage ways;

f.

General location of community facilities, such as schools and parks;

g.

Policies relating to development requirements or constraints in a subarea or on an individual land parcel;

h.

Development or design policies which may be more restrictive than the county zoning ordinance. Examples include policies on the provision of public services and additional height or setback restrictions;

i.

Designations of additional elements, such as restricted peaks and ridges, and trail access points.

C.

Community plan. An adopted plan primarily for the development of a new community or activity center under one main developer or landowner.

1.

Community plans provide for more precise site planning than is generally possible on the scale of an area plan, and shall be consistent with the intent of larger plan(s);

2.

Plan elements. Community plans shall include at a minimum all elements required for area plans. Additional elements may be required by the planning and development staff.

D.

Village plan. An adopted plan covering a group of neighborhoods that comprises a portion of a community plan.

1.

Village plans provide for more precise site planning than is generally possible on the scale of a community plan, and shall be consistent with the intent of larger plan(s);

2.

Plan elements. Village plans shall include a minimum of all elements required for community plans. Additional elements may be required by the planning and development staff.

E.

Neighborhood plan. An adopted plan covering a relatively small geographic area composed of one or two delineated neighborhoods.

1.

Neighborhood plans are intended to address special land use issues in a neighborhood context, while conforming to the broader recommendations of the comprehensive plan and area plans, where applicable;

2.

Plan elements. In addition to the elements described for area plans (subsection (B) of this section), neighborhood plans shall include, at a minimum:

a.

More precise land use recommendations (e.g., parking areas, dwelling types);

b.

Location and function of local streets and other circulation elements;

c.

Special design considerations, such as sign restrictions, landscaping and lighting impact mitigation, when appropriate;

d.

Other public facilities such as parks, schools and similar facilities.

F.

Special area plan. An adopted plan for a designated area which requires a detailed analysis and review of proposed, future or existing land uses, and would not be appropriate for an area, community, village or neighborhood plan.

(Ord. No. PZ-C-002-10, § 5; Ord. No. 61862, § 3204)

A.

Documents. Specific land use plans adopted after the effective date of the ordinance codified in this title shall, at a minimum, consist of a map, defining the extent of area involved, recommendations and policies of the plan and narrative text of the plan's goals and policies.

B.

Plan policies.

1.

Plans shall include written development, design or procedural policies which may be more restrictive than the county zoning ordinance for the entire planning area, subareas within the planning area, or individual land parcels.

2.

Adopted or pending policies may recommend that further public hearings be held concerning land within the planning area conditionally rezoned for uses that are in conflict with plan policies or land use recommendations.

3.

Adopted plan policies shall apply to properties being rezoned.

(Ord. No. PZ-C-002-10, § 6; Ord. No. 61862, § 3205)

A.

Annual plan program.

1.

Procedure.

a.

The commission shall direct the planning and development department to prepare an annual plan program, consisting of a schedule of plans to be developed or reviewed in the next fiscal year, to be submitted for consideration by the supervisors.

b.

The program shall be submitted to the commission at a public hearing for its recommendation to the supervisors, which shall adopt the program as is, or refer it back to the commission with recommended amendments.

c.

Amendments to the program during the fiscal year requested by the planning and development department or the commission shall require the same approval process. The supervisors may amend the program at any time.

B.

Plan initiation.

1.

The commission is responsible for the initiation of plan development or review processes, and may hear requests from private individuals for specific land use plans who have submitted evidence that public benefit would result from such plan, based on departmental plan evaluation criteria.

2.

The planning and development department is responsible for the development of, or coordination of development for, new plans or review of existing plans, as required by the annual plan program.

(Ord. No. PZ-C-002-10, § 7; Ord. No. 61862, § 3206)

A.

Planning inventory.

1.

The initial phase of plan development or review shall be a survey and study of present and anticipated conditions in the planning area, which shall be a major factor in determining preferred intensities of development, locations of specific land uses, and other elements, as may be required in PCDSC 2.170.040;

2.

Items to be included in the inventory are determined by the planning and development department as set out in A.R.S. § 11-807. These items will be enumerated by planning and development staff in a set of plan preparation guidelines.

B.

Public review.

1.

Public comment shall be actively sought by the planning and development department during the planning process;

2.

The planning and development department shall, at a minimum:

a.

Hold one public meeting, preferably within the planning area, to discuss the results of the planning inventory and solicit land use recommendations; and

b.

Hold one public meeting, preferably within the planning area, to discuss the proposed land use plan and receive public comment at least two weeks prior to the work session to be held by the commission; and

c.

Make available to the public a final draft of the plan, including all proposed land uses and policies, at least 15 days prior to the public hearing by the commission.

C.

Commission review.

1.

Commission work session.

a.

A work session may be held by the commission to determine the merits of the draft plan;

b.

The commission may remand to staff for a public hearing, remand to staff for further revision, or continue the work session for a definite time period not to exceed three months.

2.

Formal commission review.

a.

Before making a recommendation on the plan, the commission shall hold a public hearing after giving at least 15 days' notice thereof by one publication in a newspaper of general circulation in the county seat. The notice shall be published in a newspaper of general circulation in the area to be affected or adjacent thereto, if the area is not the county seat. (A.R.S. § 11-807).

b.

The recommendation of the plan shall be by resolution and require the affirmative vote of a majority of the members present.

D.

Supervisors' review.

1.

After review and recommendation of the plan by the commission, the plan shall be submitted to the supervisors for their consideration and official action. The supervisors shall hold at least one public hearing at which residents of the area shall be heard concerning matters contained in the plan. At least 15 days' notice of the hearing shall be given by the publication in a newspaper of general circulation in the county seat. (A.R.S. § 11-807.)

2.

The supervisors shall consider protests and objections to the plan and may change or alter any portion. However, before any change is made, that portion of the plan proposed to be changed shall be re-referred to the commission for their recommendation, which may be accepted or rejected by the supervisors.

E.

Specific land use plan amendments. A specific land use plan may be amended or extended by the same procedure established herein for its adoption.

(Ord. No. PZ-C-002-10, § 8; Ord. No. 61862, § 3207)

A.

In amending zoning classifications, changing zoning district boundaries, creating a PAD district or approving subdivision plats for properties included within the county comprehensive plan and applicable specific land use plans adopted by the county (collectively "adopted plans"), the commission and the supervisors may allow minor variations from the adopted plans for zoning district boundaries, exact land use classification, or the exact character, extent and location of major thoroughfares, collector streets, drainage ways, schools, parks and other community facilities. In allowing minor variations, the commission and the supervisors shall not alter the policy set by the adopted plans with regard to basic residential densities, general boundaries of the various land use districts, and the general character, extent and location of major thoroughfares, collector streets, drainage ways, schools, parks, and other community facilities.

B.

In amending zoning classifications, changing zoning district boundaries, or creating a PAD district (collectively "rezoning") for a portion of the land included within the adopted plans, the rezoning shall be deemed to conform with the adopted plans if the rezoning proposes land uses, densities or intensities that are within the range of identified land uses, densities or intensities for that portion of the adopted plans that cover the boundaries of the rezoning request.

C.

The goals, policies, and applicable elements of the adopted plans may be considered by the commission and the supervisors in determining if a rezoning request (as defined in subsection (B) of this section) furthers the implementation of the adopted plans.

(Ord. No. PZ-C-002-10, § 9; Ord. No. 61862, § 3208)

A.

Sets the general policy of the county regarding future development of the area included in the adopted plans.

B.

Constitutes official guidelines for the commission, supervisors, county officials, county departments and all agencies for guiding and accomplishing a coordinated, adjusted and harmonious development through zoning, subdivision design regulation, setback lines establishment, and other methods provided by law.

C.

Constitutes official notice to the general public and to all agencies of county development recommendations and requirements for specific areas.

D.

In the event the commission and supervisors desire to alter a policy set by the county comprehensive plan, they may amend the comprehensive plan by following the procedure set forth in PCDSC 2.170.110. In the event the commission and supervisors desire to alter the policy set by a specific land use plan, they may amend the plan by following the same procedure set forth in PCDSC 2.170.070 for adoption. Zoning amendments which conform to adopted plan(s) shall not be considered "spot" zoning.

(Ord. No. PZ-C-002-10, § 10; Ord. No. 61862, § 3209)

A.

Scrivener's errors and typographical errors are neither minor nor major amendments and can be made administratively by the planning director with notice of the corrections to the commission and the supervisors.

B.

Adjustments required due to annexation, incorporation, ownership transfers of government land from one government entity to another government entity or changes in the Federal Emergency Management Agency (FEMA) maps are neither minor nor major amendments and can be made administratively by the planning director with notice of the adjustment to the commission and the supervisors.

(Ord. No. PZ-C-002-10, § 11)

To determine whether an amendment is a major or nonmajor amendment, refer to chapters 1, 3, 4 and 10 of the county's comprehensive plan.

A.

Comprehensive plan adoption or readoption. The commission is responsible for preparing and recommending to the supervisors a comprehensive plan for the county's area of jurisdiction, and the supervisors are responsible for its adoption or readoption.

B.

Initiation of plan amendments. Amendments to the county comprehensive plan may be initiated as follows:

1.

An interested person or entity or authorized agent of the interested person or entity may propose an amendment through the appropriate application process.

2.

The commission on its own motion may propose an amendment.

3.

The supervisors may direct the planning staff to request the commission to initiate an amendment.

C.

Time frames.

1.

Major amendment applications. Applications for major amendments to the comprehensive plan shall be accepted from January 1 to the last business day in May of each calendar year. All major amendment requests shall be presented to the supervisors at a single public hearing to be held during the last quarter during the calendar year the proposal is made.

2.

Nonmajor amendment applications. Applications for nonmajor amendments may be filed and scheduled for public hearing at any time throughout the calendar year.

3.

Simultaneous applications. Applications for changes in zone district boundaries and/or for a planned area development overlay district may be filed simultaneously with applications for amendments to the comprehensive plan. Notification requirements for these processes are set forth in other chapters of this title.

D.

Pre-application meeting for plan amendments. Prior to submitting a formal plan amendment application, an applicant shall participate in a pre-application meeting with the planning staff for the purpose of:

1.

Reviewing the application requirements;

2.

Reviewing the public participation requirements;

3.

Familiarizing staff with the proposed amendment and identify and discuss any issues related to the proposed amendment; and

4.

Determining if the plan amendment boundaries represent a logical plan amendment area.

E.

Public participation program for the adoption or readoption of a comprehensive plan and for major amendments to the plan. As required by Arizona Revised Statutes, title 11, chapter 6, this section establishes a public participation program which shall be followed as part of the comprehensive plan and major amendment processes.

1.

Goal. Create opportunities for meaningful citizen participation in formulating the comprehensive plan and amending the comprehensive plan through major amendments.

2.

Procedure.

a.

Dissemination. Information will be distributed by various methods to provide comprehensive plan updates to the public which cover a broad range of interested parties in various geographic areas of the county, by any of the following: public notices, newsletters, flyers, newspaper articles, the Internet or other methods or events.

b.

Written and oral input. Provide methods for public involvement in the formulation of the comprehensive plan and major amendments to the comprehensive plan.

c.

Citizen advisory committee. One citizen advisory committee shall be formed. No more than six members shall be selected for each supervisorial district by the supervisor for the district. The committee will participate in the planning process for the adoption or readoption of a comprehensive plan, and shall hold a public meeting once a year to review applications for major amendments to the comprehensive plan and to make recommendations to the commission.

3.

Planning staff roles and responsibilities. The planning department staff shall be responsible for administering the public participation program. Ongoing duties will include, but not be limited to, the following:

a.

Assist with preparation of public hearings before the commission and the supervisors.

b.

Assist the citizen advisory committee at the public meeting.

c.

For the adoption or readoption of a comprehensive plan or for major amendments initiated by the commission, planning staff shall:

i.

Organize and oversee open houses, public meetings and other communication networks;

ii.

Maintain an e-mail address and website; and

iii.

Prepare and disseminate public notices.

4.

Applicant's responsibility. For amendments applied for by a person or entity or authorized agent of the person or entity, the applicant shall be responsible for preparing and disseminating information about the applicant's proposal through any of the following methods subject to the planning and development department's approval: public meetings, notices, press releases, letters, advertisements, posters, flyers and any other applicable method. Applicant shall prepare a public participation report to the commission as required in subsection (I) of this section.

F.

Formal applications. Applications for amendments to the county's comprehensive plan shall be made to the commission through the planning and development department on a form provided by that department and shall be accompanied by the appropriate fee set forth in the Pinal County planning and development services fee schedule together with supporting documentation for the proposed amendment.

1.

An application for a nonmajor amendment shall not be accepted for processing on any property that was part of an application for a nonmajor amendment denied by the supervisors within the previous six months.

2.

All amendment applications shall be properly completed and include:

a.

A legal description of the property and address, if applicable.

b.

Proof of ownership for all ownership interests in the subject property.

c.

If an agent is involved, a signed, notarized agency authorization from the property owners in a format approved by the county.

d.

Applicable filing fee.

e.

Signature of property owners or their agent.

f.

Identification of current land use designation.

g.

Identification of proposed land use designation.

h.

Written justification for change in the land use designation.

i.

All other information required in the application form.

j.

All information deemed necessary by the planning director to assist the commission and the supervisors in their review.

3.

Incomplete applications shall not be processed.

4.

An incomplete application that is not remedied within three months from notification of the deficiency shall cause the file to be closed.

5.

The applicant may withdraw the application for a major amendment at any time.

6.

Without any action by the supervisors, the applicant may withdraw the application for a nonmajor amendment up to the time the matter is noticed to be heard by the supervisors. After an application for a nonmajor amendment is noticed to be heard by the supervisors, the applicant may make a request to the supervisors to withdraw the application. The supervisors, at their discretion, may grant the request or hear the nonmajor amendment proposal. If denied by the supervisors, reapplication may not be made on the same or substantially the same proposed nonmajor amendment for at least six months from the date of denial.

G.

60-day review and comment on adoption or readoption of a comprehensive plan and for major amendments. At least 60 calendar days prior to notice of any public hearing before the commission on the comprehensive plan or major amendment, the planning and development department on behalf of the commission shall transmit the comprehensive plan or major amendment to the supervisors and submit a copy for review and further comment to other governmental agencies, organizations, persons and entities as required by A.R.S. title 11, chapter 6 (A.R.S. § 11-801 et seq.).

H.

Broadcast notification signs for nontext plan amendments initiated by a person or entity.

1.

Site posting requirements. Broadcast signs shall meet the following requirements:

a.

Shall be installed and removed by the applicant;

b.

Shall be installed 21 calendar days before the commission hearing for nonmajor amendments;

c.

Shall be installed 21 calendar days before the citizen advisory committee meeting for major amendments;

d.

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

e.

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

f.

Shall provide room for county posting of notice of hearing.

2.

Sign specifications.

a.

Four feet tall by eight feet wide.

b.

Top of the sign shall be six feet above the ground.

c.

Sign shall be made out of laminated plywood or MDO board.

d.

Sign shall be attached to two four-inch by four-inch wooden poles.

e.

All surfaces, including edges, shall be painted white.

f.

Black letters shall be used and shall be sized per the text specifications set forth below.

3.

Sign content and format. Sign content and format must meet the requirements established by the planning and development department.

I.

Applicant's public participation report. At least ten days prior to the commission's public hearing on the applicant's proposal, applicant shall submit to planning staff a public participation report which shall include at a minimum the following:

1.

Copies of notices;

2.

Copies of all information provided to the public;

3.

Letters, advertisements, posters, flyers;

4.

Sign-up sheets from all public meetings;

5.

Any responses received from the public during this process; and

6.

A description of how the applicant responded to the feedback.

J.

Commission review and recommendation.

1.

One or more work sessions may be held by the commission on a comprehensive plan or an amendment.

2.

Before making a recommendation on the comprehensive plan or an amendment, the commission shall hold a public hearing after giving at least 15 calendar days' notice of the public hearing by one publication in a newspaper of general circulation in the county seat and in a newspaper of general circulation in the area to be affected, or adjacent thereto, if the area affected is other than the county seat.

3.

After the public hearing and recommendation by the commission, the comprehensive plan or amendment shall be submitted to the supervisors for their consideration and official action.

K.

Supervisors' review and action.

1.

One or more work sessions may be held by the supervisors on a comprehensive plan or an amendment.

2.

The supervisors shall hold at least one public hearing after giving notice at least 15 calendar days and not more than 30 calendar days before the hearing by one publication in a newspaper of general circulation in the county seat.

3.

For adoption or readoption the supervisors must refer any changes or alterations they wish to make to the comprehensive plan to the commission. The recommendation of the commission may be accepted or rejected by the supervisors.

4.

The adoption or readoption of a comprehensive plan or any amendment to the plan shall be by resolution of the supervisors.

5.

The adoption or readoption of a comprehensive plan and any amendment to the plan shall not be enacted as an emergency measure and is subject to referendum as provided by the state constitution and state law.

6.

An adopted comprehensive plan, with any amendments, is effective for up to ten years from the date the comprehensive plan was initially adopted or until the comprehensive plan is readopted or a new comprehensive plan is adopted and becomes effective.

7.

On or before the tenth anniversary of a comprehensive plan's most recent adoption, the supervisors shall either readopt the existing comprehensive plan for an additional term of up to ten years or shall adopt a new comprehensive plan.

(Ord. No. PZ-C-001-13, § 4; Ord. No. PZ-C-002-10, § 12)