(1) Pre-Application Conference. The applicant may be required to meet with the Zoning Administrator to discuss the nature of the proposed application, the specific submittal requirements, the procedure for action, and the standards for evaluation of the application.

(2) Sketch Plan. The applicant shall provide the Zoning Administrator with a sketch plan at the time of the pre-application conference. A sketch plan shall, at a minimum, depict the boundaries of the property being considered and a tentative development proposal for the property.

(3) Formal Submittal. The applicant shall submit all of the required materials to the Zoning Administrator. Only complete applications/submittal packages shall be accepted.

(1) Conformance with this title, and adopted City standards and policies;

(2) Compliance with the City of San Luis General Plan and other adopted specific area plans;

(3) Staff recommendations;

(4) Outside reviewing agency input;

(5) Public input and testimony received during the citizen review session and at the Commission hearing; and

(6) Overall effects of the proposal on the neighborhood, area, and community at large.

(1) Planning and Zoning Commission recommendations;

(2) Conformance with this title, and adopted City standards and policies;

(3) Compliance with the City of San Luis General Plan, and other adopted specific area plans;

(4) Staff recommendations;

(5) Outside reviewing agency input;

(6) Public input and testimony received at the Commission hearing as well as the Council’s hearing; and

(7) Overall effects of the proposal on the neighborhood, area, and community at large.

(1) The notice shall be published at least once in a newspaper of general circulation published or circulated in the City or, if there is none, it shall be posted on the affected property in such a manner as to be legible from the public right-of-way and in at least ten public places in the City. A posted notice shall be printed so that the following are visible from a distance of 100 feet: (a) the word “zoning,” (b) the present zoning district classification, (c) the proposed zoning district classification and (d) the date and time of the public hearing.

(2) In proceedings involving rezoning of land which abuts other municipalities or unincorporated areas of the county or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit abutting such land. In addition to notice by publication, the City may give notice of the hearing in such other manner as it may deem necessary or desirable.

(3) In proceedings that are not initiated by the property owner involving rezoning of land which may change the zoning classification, notice by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be rezoned. In all rezoning proceedings, notice by first class mail shall be sent to all property owners, as shown on the last assessment of the property, within 300 feet of the property to be rezoned.

(4) In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by subsection (A)(5) of this section:

(5) In proceedings governed by subsection (A)(4) of this section, the City shall provide notice to real property owners pursuant to at least one of the following notification procedures:

(6) If notice is provided pursuant to subsection (A)(5)(b) or (c) of this section the City shall also send notice by first class mail to persons who register their names and addresses with the City as being interested in receiving such notice. The City may charge a fee not to exceed $5.00 per year for providing this service and may adopt procedures to implement this provision.

(7) Notwithstanding the notice requirements set forth in subsection (A)(5) of this section, the failure of any person or entity to receive notice, whether through no fault of the City, applicant or USPS, shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given.

(1) A map showing the particular property or properties for which the rezoning application is being requested and the adjacent properties, buildings and structures, land uses, and public streets and ways within a radius of 300 feet of the exterior boundaries thereof.

(2) A detailed land use/development plan at a scale of one inch equals 100 feet (1"=100') which at a minimum shall include the following:

(3) The City reserves the right to waive some of the above submittal material if found to be unnecessary for a particular application. Conversely, the City reserves the right to require additional information and material, and to require the submission of studies in order to adequately review the request. Additional submittal requirements may be required for an overlay zoning district or a planned unit development zoning district and, if applicable, may be found in the specific chapter addressing these types of developments herein.

(1) A pre-application conference may be scheduled and attended by the applicant with the Zoning Administrator to discuss the proposal.

(2) The petitioner shall submit a completed application, the required fees, and all materials and studies related to the development plan or the proposed text amendment.

(3) The Zoning Administrator, or designee, shall review the applications and determine whether a zoning application is administratively complete within 30 days after receiving an application.

(4) After determining that the application is administratively complete, the application will be forwarded to the appropriate reviewing agencies and City departments for comments and a public hearing will be scheduled.

(5) As a prerequisite to the Commission public hearing, the application must first be presented to the public at the citizen review meeting, conducted by the Zoning Administrator, in accordance with the provisions outlined in SLCC 18.15.010(C). The citizen review meeting is only required for applications involving a zoning ordinance that changes any property from one zone to another, that imposes any regulation not previously imposed or that removes or modifies any such regulation previously imposed, and/or an application for a specific plan.

(6) The Commission, in accordance with the requirements of A.R.S. § 9-462.04, shall conduct a public hearing. Notification of the public hearing shall be provided as set forth in A.R.S. § 9-462.04 and SLCC 18.15.020.

(7) The Commission shall render a decision in the form of a written recommendation for: (a) approval, (b) approval with conditions, or (c) denial of the petitioned rezoning or zoning text amendment. The recommendation shall then be forwarded to the Mayor and Council unless withdrawn in writing by the applicant.

(8) The City Council shall: (a) approve, (b) approve with conditions, or (c) deny the rezoning or zoning text amendment request within 180 days of the determination that the application is administratively complete. Approval of a petition to rezone land may not be enacted as an emergency measure and the rezoning shall not become effective for at least 30 days after City Council approval. The City may extend the time frame to approve or deny beyond 180 days as follows:

(9) Subsections (G)(3) and (G)(4) do not apply to land that is designated as a district of historical significance pursuant to A.R.S. § 9-462.01(A) and an area that is designated as historic on the National Register of Historic Places.

(10) When an application for rezoning is accompanied by an application for a conditional use permit or subdivision plat approval, both applications may be processed and reviewed concurrently. If the proposed rezoning is not in compliance with the City of San Luis General Plan – Land Use Plan, an application for an amendment to the Land Use Plan shall be submitted by the applicant in accordance with A.R.S. § 9-461.06, the City of San Luis General Plan, and SLCC 18.15.090.

(1) Only those uses that are enumerated as conditional uses in a zoning district, as set forth in this title, shall be authorized by the Planning and Zoning Commission. A conditional use permit shall not be required for a use allowed as a permitted use in a given zoning district. No conditional use shall be established until a site plan has been approved in accordance with the provisions of this title.

(2) All applications shall be filed on a form provided by the Zoning Administrator and shall be accompanied by the required fee and all required materials as outlined in this title and/or on the application. Depending upon the specific circumstances of the use additional materials may be required by the City in order to adequately review the application.

(1) The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, design standards, or general provision requirements of this title;

(2) The establishment, maintenance, or operation of the proposed use shall not be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the surrounding land nor be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas;

(3) The proposed use shall not be materially injurious to properties or improvements nor diminish or impair property values in the immediate vicinity;

(4) The proposed use will be served by ingress and egress routes that minimize traffic congestion, shall not burden the existing and anticipated traffic conditions including parking facilities on adjacent streets and land, and will be served by adequate public utilities;

(5) The proposed use shall not impede the normal and orderly development and improvement of surrounding property for uses permitted by right in the zoning district and shall be in compliance with the City of San Luis General Plan adopted by the City;

(6) The proposed use is necessary or desirable or provides a service or facility that contributes to the general well-being of the area; and

(7) The proposed use shall not create more adverse impacts on existing uses in the surrounding areas than those which reasonably might result from development of the site with a use that is permitted by right in the zoning district.

(1) Approval shall become effective immediately.

(2) The conditional use permit shall become null and void if the use permit has not been exercised and the use established within 12 months of the date of approval. A conditional use permit is exercised when the use has been established or when a building permit has been issued, construction commenced, and the building permit remains valid.

(3) If such use is abandoned or discontinued for a period of 24 consecutive months, it may not be re-established unless reauthorized by the Commission.

(4) Amendments to conditional use permits shall be processed in the same manner as the original permit, except that minor amendments may be authorized by the Zoning Administrator.

(5) If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of 12 months from the date of the order of denial unless agreed to by a supermajority three-fourths vote of the Commission. (Ord. 312 § 2(3.3), passed 4-11-2012. Code 2012 § 152.043.)

(1) All applications shall be filed with the Zoning Administrator on a form provided by the City and shall be accompanied by the required fee and all required materials as outlined in this title and/or on the application. Depending upon the specific circumstances of the temporary use additional materials may be required by the City in order to adequately review the application. Only complete applications shall be accepted.

(2) Every temporary use permit issued shall be applicable only to the specific use, specific person, entity or organization, and to the specific property for which it is issued.

(3) Approval of the temporary use permit by the City does not waive any other county or state approvals that may be required.

(1) The Zoning Administrator shall review the application in accordance with the criteria outlined in subsection (F) of this section. The Zoning Administrator shall solicit review comments in accordance with general review procedures.

(2) The Zoning Administrator shall not approve or modify and approve an application for a temporary use permit unless the following criteria, specific regulations, and time limitations are met.

(3) If the Zoning Administrator denies the temporary use permit, the applicant may appeal the Administrator’s decision to the Board of Adjustment.

(1) Traffic. The location of the temporary use and any temporary structure is such that adverse effects on surrounding properties will be minimal with regard to the type of traffic generated, the amount of traffic generated, or the impact upon the traffic circulation in the area.

(2) Parking and Access. Adequate off-street parking will be provided to serve the use without displacing the required off-street parking spaces or loading areas of the principal permitted use on the site. The entrance and exit drives will be designed to prevent traffic hazards and nuisances.

(3) Signage. Signage for temporary uses shall only be displayed within the time frame for which the temporary use permit is valid and only with a sign permit issued in accordance with this title.

(4) Number on Parcel. Only one temporary use permit shall be permitted per parcel or lot at any given time.

(1) The temporary use permit shall be valid for the use for which the permit was granted for the length of time indicated on the permit as long as the use is in compliance with the conditions of approval and other applicable ordinances.

(2) A temporary use permit for a temporary structure shall be limited to a period of time not to exceed six months from the date of approval unless otherwise outlined in this title. The temporary use permit may be renewed; provided, that the property owner submits satisfactory evidence to the Zoning Administrator that the need for such temporary structure continues to exist.

(3) In no case shall the termination date of a temporary use permit be automatically extended as a result of a delay on the applicant’s part to comply with the conditions stipulated in the temporary use permit.

(4) Time extensions for a temporary use permit shall be processed in the same manner as the original permit. (Ord. 312 § 2(3.4), passed 4-11-2012. Code 2012 § 152.044.)

(1) There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the zoning district;

(2) The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant;

(3) The variance is necessary for the preservation of substantial property rights. Without a variance the property cannot be used for purposes otherwise allowed in this zoning district; and

(4) The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare.

(1) A variance is not a right. It may be granted to an applicant only if the applicant establishes compliance with all of the hardship criteria established in A.R.S. § 9-462.06 and in subsection (C) of this section.

(2) Pursuant to state statutes, the Board may not:

(1) The administrative site plan review shall be required for all development and construction within the following zoning districts within the City of San Luis, except for interior tenant improvements:

(2) Site plan review shall also be required for any public or quasi-public facility, community facility, or places of public assembly regardless of the zoning district in which they are proposed to be located.

(3) If the proposed development requires a zoning change (rezoning) or a conditional use permit, the approved site plan shall be submitted with the rezoning or use permit application and considered concurrently. For proposed developments which do not require rezoning or a use permit, the site plan must be approved prior to submittal for a building or grading permit.

(4) All applications shall be filed on a form provided by the Zoning Administrator and shall be accompanied by the required fee and all required materials as outlined in this title and/or on the application. Depending upon the specific circumstances of the development additional materials may be required by the City in order to adequately review the application.

(1) All site plan review applications shall be reviewed and approved administratively by the Zoning Administrator unless rezoning or a conditional use permit is required.

(2) All projects subject to site plan review must be reviewed and approved by the Zoning Administrator, or by the Council if in conjunction with a rezoning or conditional use permit, prior to submitting for building plan review.

(3) All site plan review applications for which rezoning or a conditional use permit is also required, shall be submitted along with the appropriate applications and processed in accordance with SLCC 18.15.030(G).

(1) Approval shall become effective immediately if no other actions are required. If the site plan review is in conjunction with a request for rezoning, the approval of the petition to rezone the land may not be enacted as an emergency measure and the rezoning along with the site plan shall not become effective for at least 30 days after City Council approval.

(2) A site plan approval pursuant to these provisions shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the application.

(3) Any amendments or modifications to an approved site plan shall be processed in the same manner as the original application, except that minor amendments, such as but not limited to color changes, material changes, changes in building height or reduction in square footage, etc., may be authorized by the Zoning Administrator.

(4) A certificate of occupancy shall not be issued if development activities do not conform to the approved site plan. (Ord. 312 § 2(3.6), passed 4-11-2012. Code 2012 § 152.046.)

(1) A major amendment to the General Plan must be filed prior to March 15th of every year in order to be heard at the one City Council hearing designated each year to review major amendments to the General Plan. Major amendments shall require an affirmative vote of at least two-thirds of the City Council.

(2) A minor amendment to the General Plan may be processed throughout the year and/or in conjunction with a development application.

(1) The development pattern contained in the existing San Luis General Plan – Land Use Plan does not adequately provide appropriate optional sites for the use or change proposed in the amendment;

(2) The amendment constitutes an overall improvement to the San Luis General Plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time;

(3) The amendment will not adversely impact the community as a whole or a portion of the community by:

(4) The amendment is consistent with the General Plan’s overall intent, vision, goals and objectives as well as being compliant with other adopted plans, codes, and ordinances.

(1) Specify the minor variance(s) that is being requested;

(2) Include plans and other pertinent information;

(3) Include the reasons for granting the variance request as they pertain to the hardship criteria outlined in SLCC 18.15.060(C); and

(4) Written acknowledgment to the notification of the requested minor variance(s) from each adjacent property owner, even if separated by a public right-of-way.