The council may, upon the recommendation of the commission, issue conditional use permits, amend, supplement or change the zoning district boundaries or the regulations. Recommendations may be initiated by the council or the commission on their own motion, or by petition from the public. No amendment affecting zoning district boundaries shall be passed until after a public hearing held in accordance with the requirements of section 17.20.050 relating to applications.

(Code 1999, § 17.20.010; Ord. No. 96-347, § 1(11-5-1(part), 11-5-2); Ord. No. 00-002, § 1(part); Ord. No. 13-004, 4-8-2013)

A.

This title, including the map, may be amended, but all proposed amendments shall be submitted first to the planning and zoning commission for its recommendations, which recommendations shall be submitted to the city council for its consideration within a reasonable time.

B.

Any person seeking an amendment of this title or map shall submit to the commission a written application on forms furnished by the department designating the change desired and the reasons therefor, and shall pay a filing fee to the city. Upon receipt of the application and the payment of the filing fee, the department shall prepare a report to the commission. The commission shall consider the request and shall certify its recommendations to the council. The fee required herein shall not be returned to the applicant. The commission or council may also initiate amendments to this title without payment of the filing fee.

C.

Citizen review process. In the case of a rezoning application and prior to the publication of the notice of hearing before the commission, the applicant shall:

1.

Submit to the department the names and addresses of the owners of all other property within 150 feet of the subject property. The applicant shall also provide a copy of the rezoning application to the owners of property within 150 feet of the subject property as well as other potentially affected citizens;

2.

Hold a neighborhood meeting on the rezoning application. Mailed notice of the meeting shall be provided at least one week in advance. All other property owners within 150 feet of the subject property, other affected citizens and the department shall be sent notice of the neighborhood meeting; and

3.

Provide a written report to the department summarizing the comments made at the neighborhood meeting.

D.

All amendments to this title shall be made in accordance with the general plan. It is public policy that this title shall not be amended unless it can be shown that changed or changing conditions make the proposed amendment reasonably necessary to the promotion of the purposes of this title.

E.

Amendments to this title may be adopted only after a public hearing in relation thereto before the council at which parties in interest and citizens shall have an opportunity to be heard. A notice of the time and place of such hearing shall be published in a newspaper of general circulation within the city as required by law.

(Code 1999, § 17.20.020; Ord. No. 96-347, § 1(11-5-1(part); Ord. No. 13-004, 4-8-2013)

A.

Text amendment. The application for an amendment to the text of this title shall state in particular the article, section, subsection and paragraph sought to be amended. The application for amendment shall contain the language of the proposed amendment and shall recite the reasons for such proposed change in the text.

B.

Map amendment. An application which seeks to change or modify the classification imposed upon a particular piece of property shall describe the particular changes requested and shall state the reasons for such proposed change.

C.

Changes to map. The initiation of a change to the text and/or district map may be accomplished by one of the following methods:

1.

A document signed by a majority of the property owners in the area of proposed change or their authorized agents;

2.

A majority vote of the council; or

3.

A majority vote of the commission.

(Code 1999, § 17.20.030; Ord. No. 96-347, § 1(11-5-3))

Application for amending this title shall be made on a form provided by the department and shall include the information described in the city's amendment application packet.

A.

The zoning administrator shall determine whether the application is administratively complete within 30 days after receiving the application. If the zoning administrator determines that the application is not administratively complete, the zoning administrator shall follow the procedures prescribed in A.R.S. § 9-835, subsection E until the application is administratively complete. The zoning administrator shall determine whether a resubmitted application is administratively complete within 15 days after receiving the resubmitted application. After determining that the application is administratively complete, the municipality shall approve or deny the application within 180 days.

B.

Notwithstanding subsection A of this section, the zoning administrator may extend the time frame to approve or deny the request beyond 180 days for either of the following reasons:

1.

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

2.

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

C.

This section does not apply to land that is designated as a district of historical significance pursuant to A.R.S. § 9-462.01, subsection A, paragraph 10 or an area that is designated as historic on the National Register of Historic Places or Planned Area Developments.

(Code 1999, § 17.20.040; Ord. No. 96-347, § 1(11-5-4); Ord. No. 13-004, 4-8-2013; Ord. No. O25-001, Exh. A, 1-27-2025)

A.

The commission shall hold a public hearing on any zoning ordinance amendment or conditional use permit which changes any property from one zoning district to another, imposes any regulations not previously imposed or which removes or modifies any other regulation previously imposed. Procedures for the public hearing shall be in accordance with A.R.S. §§ 9-462.03 and 9-462.04 and copies of such procedures shall be included in the amendment application packet.

B.

After the hearing, the commission shall render its decision in the form of a written recommendation to the council. The recommendation shall include the reasons for the recommendation and be transmitted to the council in a form and manner as may be specified by the council.

C.

Upon receiving the report and recommendation of the commission, the council shall render a decision, and if requested shall hold a public hearing in the time and manner as specified in subsection A of this section. In addition, the city may give notice of the hearing in any other manner as it may deem necessary or desirable.

(Code 1999, § 17.20.050; Ord. No. 96-347, § 1(11-5-5); Ord. No. 13-004, 4-8-2013)

In the event that an application is denied by the council, the commission shall not reconsider the application nor consider another application for the same amendment of the zoning ordinance applying to the property described in the original application for at least six months from the date of the denial; provided, however, if within a six-month period, there has been a bona fide change of ownership to the property for which the application was made, or a change in circumstances, then the new owner shall be permitted to apply for a zoning change.

(Code 1999, § 17.20.060; Ord. No. 96-347, § 1(11-5-6))

A.

If the owners of 20 percent or more either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear or any side extending 150 feet or of those directly opposite extending 150 feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of three-fourths of all members of the council. If any members of the council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the council, provided that the required number of votes shall not be less than a majority of the full membership.

B.

Notwithstanding the provisions of this chapter, a decision by the council involving rezoning of land which is not owned by the municipality, and which changes the zoning classification of such land may not be enacted as an emergency measure and such change shall not be effective for at least 30 days after final approval of the change in classification by the council.

(Code 1999, § 17.20.070; Ord. No. 96-347, § 1(11-5-7); Ord. No. 13-004, 4-8-2013)