A.   The Planning and Zoning Commission may, from time to time, adopt recommendations to amend, supplement or change zoning boundaries on the zoning map or the regulations in this Chapter.

   B.   Recommendations for amendments to the zoning map or this Chapter may be initiated by the Commission, the Council, or by application in accordance with this Article.

   C.   No amendment affecting a zoning boundary or changing the regulations in this Chapter shall be passed until a public hearing is held in accordance with this Article and state law.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-30-010. Prior history: Enacted by Ordinance No. 9, 06/28/1979; renumbered by Ordinance No. 37, 09/04/1980; replaced and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 375, 12/28/1995)

   A.    Requirement. An applicant for a rezoning or an amendment to the Town's General Plan, this Chapter, or the zoning map shall first schedule and conduct at least one neighborhood meeting for the purpose of receiving comments on the proposed application.

   B.    Schedule. The neighborhood meeting shall be conducted at least 30 days before any public hearing on the application.

   C.   Notice form. The applicant shall prepare a notice explaining the substance of the proposed application and setting forth the time, date and place of the neighborhood meeting. A copy of the notice shall be submitted to the Zoning Administrator prior to the neighborhood meeting.

   D.   Mailed notice. At least ten days before the neighborhood meeting, an applicant shall send the notice by first class mail to:

      1.   All property owners of record within the notification area.

      2.   All homeowners associations within the notification area.

      3.   Any person who requested notice regarding proposed zoning applications.

         a.   A person requests notice by submitting their name and address to the Zoning Administrator.

         b.   The request is effective for one year unless renewed.

   E.   Posted notice. At least ten days before the neighborhood meeting, an applicant shall post one or more signs on the property in locations clearly visible to adjacent residents and motorists, with an attached information tube containing copies of the meeting notice.

      1.   The sign or signs shall be posted on the affected property so that it is legible from the public right-of-way.

      2.   The sign or signs shall be printed so that the word “zoning,” the present zoning district classification, the proposed zoning district classification, and the date and time of the neighborhood meeting are visible from 100 feet.

   F.   Notification area.

      1.   The notification area is all properties within 1,000 feet of the property subject to the application.

      2.   The Zoning Administrator may expand the notification area beyond 1,000 feet upon determining that the potential impact of the proposed application extends beyond the 1,000-foot notification area.

   G.   Neighborhood meeting procedure.

      1.   The neighborhood meeting shall be conducted at a location and time and shall follow a meeting format approved by the Zoning Administrator.

      2.   Town staff may or may not attend the neighborhood meeting, at their discretion, and may augment the meeting record as they deem necessary.

   H.   Record of proceedings. The applicant shall prepare and submit to the Zoning Administrator the following prior to any public hearing on the application:

      1.   Certification on a form established by the Zoning Administrator that the neighborhood meeting was noticed and conducted in compliance with the requirements of this section.

      2.   A dated photograph of the notification sign or signs posted in compliance with the requirements of this section.

      3.   A written summary of the neighborhood meeting, including a list of all attendees names and addresses and a summary of any comments received in or as a result of the neighborhood meeting.

   I.   Additional neighborhood meetings.

      1.   The Zoning Administrator may require the applicant to hold one or more additional neighborhood meetings:

         a.   If an application as submitted or modified is substantially different from what was presented at the neighborhood meeting; or

         b.   If the location, date, or time of the neighborhood meeting turned out to be inconvenient for interested parties; or

         c.   If the proposed development affects more than one neighborhood or area; or

         d.   For any similar reason justifying one or more additional meetings.

      2.   The applicant shall follow the same notification procedures prescribed in this section for any additional neighborhood meeting.

   J.   Neighborhood meeting waiver.

      1.   The Zoning Administrator may waive the requirement for a neighborhood meeting for an application requesting amendments to Town zoning regulations or to the zoning map pursuant to a previously approved General Plan amendment for which a neighborhood meeting and public hearing were held.

      2.   The Zoning Administrator shall prepare and file in the development file for the project a written statement explaining the reasons for granting the waiver.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-30-012. Prior history: Enacted by Ordinance No. 637, 08/25/2005)

   A.    General. Before submitting an application, an applicant requesting a rezoning or amendments to the Town’s General Plan, Town zoning regulations, or the Town zoning map shall first participate in a pre-application review with Town staff.

   B.   Request for pre-application review.

      1.   An applicant shall file a request for pre-application review with the Development Services Department on a form established by the Zoning Administrator.

      2.   The Zoning Administrator shall endeavor to schedule the pre-application review with appropriate Town staff at a date, time, and location convenient to all involved.

      3.   The applicant, the Zoning Administrator, or reviewing Town staff may hold additional meetings being held as part of the pre-application review.

   C.   Pre-application review process.

      1.   A pre-application review consists of one or more informal meetings with appropriate Town staff assigned by the Zoning Administrator.

      2.   During pre-application review:

         a.   Town staff shall review and provide informal comments on the information provided by the applicant

         b.   Town staff may present to the applicant other information relevant to the application

         c.   The applicant shall provide, and Town staff shall review, the record of proceedings for neighborhood meetings held under section 13-14-020

         d.   If a neighborhood meeting has not yet been held, Town staff shall answer any applicant questions about neighborhood meeting requirements

      3.   Pre-application staff summary.

         a.   No later than 15 calendar days after the last pre-application review meeting, staff shall email the applicant a summary of staff comments

         b.   If requested by the applicant, or if the applicant fails or refuses to provide an email address, the summary of staff comments shall be sent by first-class mail to the applicant’s address.

         c.   The applicant shall submit a copy of the summary of staff comments with any subsequent application filed with the Development Services Department.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-30-015. Prior history: Enacted by Ordinance No. 637, 08/25/2005; amended by Ordinance No. 894, 01/13/2022)

   A.   An application for rezoning shall not be submitted until the requirements of section 13-14-020 (neighborhood meeting) and section 13-14-030 (pre-application review) have been satisfied.

   B.   A zoning ordinance that changes the zoning of any property, imposes any regulation not previously imposed, or removes or modifies any regulation previously imposed must be adopted following the procedure prescribed in this Article and in A.R.S. § 9-462.04.

   C.   An application for any amendment that changes the zoning of any property, imposes any regulation not previously imposed, or removes or modifies any regulation previously imposed shall be made on the Town's form and shall be signed by the owners of all property included in the application.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-30-020. Prior history: Enacted by Ordinance No. 9, 06/28/1979; renumbered by Ordinance No. 37, 09/04/1980; replaced and reenacted by Ordinance No. 178, 05/26/1988; amended by Ordinance No. 375, 12/28/1995; amended by Ordinance No. 541, 02/27/2003, amended by Ordinance No. 637, 08/25/2005)

   A.   Upon receipt of a complete application, and in any event prior to any public hearing required under A.R.S. § 9-462.04, the Zoning Administrator shall provide written notice of the application to:

      1.   All owners of property located within 300 feet of the property that is the subject of the application, and

      2.   Any other person the Zoning Administrator reasonably determines is potentially affected by the application.

   B.   The written notice shall include a general explanation of the application and shall provide the name, address, and phone number of the planning staff member available to receive calls, questions, issues, and concerns about the application.

   C.   A staff report summarizing issues or concerns expressed to the planning staff member shall be provided to the applicant within a reasonable time prior to the public hearing and to the Commission and Council at the public hearing on the application.

(Rewritten and re-codified by Ordinance No 2024-947, 12/11/2024. Previously codified at section 13-30-025. Prior history: Enacted by Ordinance No. 541, 02/27/2003; amended by Ordinance No. 637, 08/25/2005)

   A.   This section shall apply to all applications for rezoning, including without limitation applications for rezoning to PD (planned area development).

   B.   The applicant shall submit a proposed preliminary development plan to the Development Services Department with the application for rezoning.

      1.   The proposed preliminary development plan shall include maps, depictions, drawings, and associated text prepared by or on behalf of the applicant in support of the application.

      2.   The Development Services Department shall present the applicant’s application for rezoning and proposed preliminary development plan to the Commission.

   C.   At the rezoning public hearing on the application, the Commission shall review the application and proposed preliminary development plan and determine whether to recommend approval of the application considering all matters pertinent to the application including without limitation the following:

      1.   That the proposed preliminary development plan will constitute an environment of sustained desirability and stability and that it will be in harmony with the character of the surrounding developments and neighborhoods consistent with the general plan and this Chapter.

      2.   The extent to which the value or the use of the property adjacent to the proposed rezoning will be adversely affected by the proposed preliminary development plan.

      3.   That every structure containing residential, commercial, or industrial units shall have access to a public street directly or via a court, walkway, or other common area, dedicated to the public use or owned and maintained as common ground.

   D.   The Commission may request that the applicant modify, alter, adjust, or amend the preliminary development plan for consistency with the objectives of the general plan and this Chapter.

      1.   During the Commission public hearing, the application shall state on the record whether the applicant accepts the Commission’s request to modify the preliminary development plan. At the applicant’s option, the public hearing may be continued to the next regularly scheduled Commission meeting to give the applicant time to consider the Commission’s request.

      2.    The applicant's request to continue the public hearing or acceptance of the Commission's request to modify the preliminary development plan shall constitute an applicant request for a 30-day extension of the 180-day overall time frame under subsection 13-14-070 G (to the extent it is applicable to the application).

      3.   If the applicant accepts the Commission's request to modify the preliminary development plan, the Zoning Administrator shall determine during the Commission public hearing whether the modifications constitute a substantial change to the application.

         a.   If the modifications constitute a substantial change, the revised application and proposed preliminary development plan shall be presented at a second Commission public hearing for which notice is provided as required by section 13-14-050 (citizen review process).

         b.   If the modifications do not constitute a substantial change, the Commission shall either:

            (1)   Continue the public hearing to the next regularly scheduled Commission meeting to allow the revised application and/or proposed preliminary development plan to be re-reviewed by the Commission, or

            (2)   Recommend approval of the application subject to the modifications being incorporated into the application and/or proposed preliminary development plan as presented at the Council's public hearing on the application.

      4.   If the applicant rejects the Commission's request to modify the preliminary development plan, the Commission shall make its recommendation based on the unmodified application and proposed preliminary development.

   E.   At the conclusion of the public hearing, the Commission shall make a recommendation to the Council to approve or deny the application.

      1.   The Commission shall make its recommendation based on its findings that the application and proposed preliminary development plan do or uses do not meet the intent and objectives of the general plan or this Chapter.

      2.   The Commission’s recommendation that the Council approve or deny the application and proposed preliminary development plan shall be accompanied by the Commission’s justification for the recommendation and/or individual Commission members’ explanations of their individual votes on the recommendation.

   F.   The Council shall hold at least one public hearing on the application in compliance with A.R.S. § 9-462.04.

      1.   At or after the conclusion of the public hearing, the Council shall approve or deny the application and the proposed preliminary development plan.

      2.   Council approval of an application includes approval of the preliminary development plan.

      3.   Except and to the extent the Council’s approval expressly states otherwise, compliance with the approved preliminary development plan is a standard condition of Council approval of an application.

   G.   During the public hearings on the rezoning, the Commission may recommend and/or the Council may impose reasonable conditions of rezoning to lessen any negative impacts of the rezoning, including but not limited to one or more of the following:

      1.   Use limitations

      2.   Landscaping requirements

      3.   Sidewalks

      4.   Screening and planting requirements

      5.   Minimum or maximum setbacks and building heights

      6.   Requirements for paving and/or location of drives and parking areas

      7.   Drainage requirements

      8.   Hillside requirements

      9.   Restrictions and requirements for access ways and easements

      10.   Dedication, reservation, or protection of public property including parks and open spaces

      11.   Shape and minimum size of individual lots

      12.   Grouping of uses and buildings

      13.   Maintenance of grounds

      14.   Regulation of signs

      15.   Minimum construction design and requirements for fences and walls

      16.   Off-site improvements and requirements to mitigate the impacts of the proposed development

   H.   After Council approval, the approved preliminary development plan shall be deemed an official plan, and the Town Clerk shall record it in the Office of the Yavapai County Recorder and maintain one or more copies in the Town's official records.

   I.   An approved preliminary development plan may be modified only as follows:

      1.   If the Zoning Administrator determines that the requested modification constitutes a substantial change, the modification may only be made after noticed rezoning public hearings before the Commission and Council.

      2.   If the Zoning Administrator determines that the requested modification does not constitute a substantial change, the Zoning Administrator shall give notice of the determination to members of the Council and the Commission, and to citizens consistent with the process described in paragraphs A and B of section 13-14-050 (citizen review process).

      3.   A member of the Council or the Commission, or an affected property owner may appeal the Zoning Administrator’s no substantial change determination to the Board of Adjustment in accordance with section 13-13-020M.1.

      4.   Upon the Zoning Administrator's determination that a requested modification does not constitute a substantial change, the Development Services Department is authorized to review the modification administratively.

      5.   If the Development Services Department administratively approves the requested modification, written documentation of the approval signed by the Town Manager will be mailed to the applicant with a copy recorded in the office of the Yavapai County Recorder and maintained in the Town's official records.

   J.   The Council may approve a rezoning conditioned on a schedule for development of the specific use or uses for which rezoning is requested. At the expiration of this period, if the property has not been improved for the use for which it was conditionally approved, the Council, after notification by certified mail to the owner and applicant who requested the rezoning, shall schedule a public hearing to take administrative action to extend, remove, or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.

   K.   Except as provided in subsection L below, Town staff shall not approve a subdivision plat or final development plan unless it conforms in all respects with the approved preliminary development plan.

   L.    Standard engineering requirements and safety standards take precedence over the approved preliminary development plan. Town staff may approve a subdivision plat or final development plan that deviates from the approved preliminary development plan to the extent necessary to meet standard engineering requirements and safety standards.

   M.   For purposes of this section, any of the following is a substantial change:

      1.   An increase in the maximum number of dwelling units authorized by the rezoning, if the rezoning was approved with a dwelling unit cap.

      2.   An increase in the total square footage of development, if the rezoning was approved with a square footage cap.

      3.   A change in the category of permitted uses (residential to commercial, commercial to industrial, industrial to residential, etc.).

      4.   A density, height, or bulk increase of 10% or more on any portion of the rezoned property.

      5.   A 10% or more decrease in setbacks, screening, or other mitigation measures.

      6.   Any change that could significantly negatively impact areas adjoining the rezoning.

      7.   Any change with a significant traffic impact.

      8.   Lesser or other changes that the Zoning Administrator determines were a major element of the discussions and negotiations leading to the original rezoning decision.

(Added by Ordinance No 2024-947, 12/11/2024.)

   A.   The Development Services Department shall determine whether a rezoning application is administratively complete and shall issue a written or electronic notice of administrative completeness or deficiencies to an applicant within the administrative completeness time frame of 30 days after receiving the application in compliance with subsection 13-14-040 A.

   B.   If the Development Services Department determines that the application is not administratively complete, the Department shall include a comprehensive list of the specific deficiencies in the written or electronic notice provided pursuant to subsection A of this section.

   C.   The Development Services Department shall determine whether a resubmitted application is administratively complete within the administrative completeness time frame of 15 days after receiving the resubmitted application.

   D.   If the Development Services Department issues a written or electronic notice of deficiencies within the administrative completeness time frame, the administrative completeness review time frames and the overall time frame are suspended from the date the notice is issued until the date the Town receives the missing information from the applicant.

   E.   The Development Services Department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submission of missing information.

   F.   The Town shall approve or deny the application within an overall time frame of 180 days after the rezoning application is administratively complete.

   G.   The 180-day overall time frame may be extended for either of the following reasons:

      1.   For extenuating circumstances, the Town may grant a one-time extension of not more than 30 days.

      2.   If an applicant requests an extension, the Town may grant extensions of 30 days for each extension granted.

      1.   Land designated as a district of historical significance pursuant to A.R.S. § 9-462.01 (A)(10).

      2.   An area designated as historic on the national register of historic places.

      3.   Applications pertaining to PD (planned area development) zoning.

      4.   Applications for amendment of PD preliminary development plans.

(Added by Ordinance No 2024-947, 12/11/2024.)