Sedona City Zoning Code

ARTICLE 8

Administration and Procedures

8.1. Purpose and Organization of this Article

A. The purpose of this article is to provide consistent, equitable procedures for the review of development proposals and to ensure that proposed development will be in accordance with the purposes and standards of this Code.

B. This article describes the review and approval procedures for application for land use and development in the City, and is divided into the following sections:

(1) Section 8.3, Common Review Procedures, describes the standard procedures that apply to most development application types.

(2) Sections 8.4 through 8.8 contain specific information on each application type within five categories (development permits, subdivision procedures, historic preservation, ordinance amendments, and flexibility and relief procedures), including approval criteria and any additions or modifications to the common review procedures.

(3) Section 8.9, Review and Decision-Making Bodies, describes the duties of the City Council, Planning and Zoning Commission, Historic Preservation Commission, Board of Adjustment, Director, City Engineer, and other City officials in administering this Code.

8.2. Summary Table of Review Procedures

This section has been amended by Ordinance No. 2025-11, which is pending codification.

Table 8.1, Summary Table of Review Procedures, lists the development applications authorized by this Code, whether public notice is required, whether a pre-application meeting is required, and the role of City review and decision-making bodies.

KEY: R = Review and Recommendation D = Review and Decision A = Appeal ✓ = Required < > = Public Hearing Required

Procedure		Code Reference	Notice			Pre-Application Meeting	Review and Decision-Making Bodies
Procedure		Code Reference	Published	Written	Posted	Pre-Application Meeting	Staff	Historic Prsvtn Comm.	Planning & Zoning Comm.	City Council	Board of Adjustment
Development Permits
Development Review	Minor	8.4				✓	D [1]		< A >
Development Review	Major	8.4	✓	✓	✓	✓	R	< R > [3]	< D >	< A >
Conditional Use Permit		8.4.B	✓	✓	✓	✓	R	< R > [3]	< D >	< A >
Single-Family Residential Review		8.4.C					D				< A >
Temporary Use Permit		8.4.D				✓[2]	D				< A >
Subdivision Procedures
Preliminary Plat		8.5.A	✓	✓	✓	✓	R		< R >	< D >
Final Plat		8.5.B					R			< D >
Land Division or Combination		8.5.C					D				< A >
Reversion to Acreage		8.5.E	✓	✓	✓	✓	R		< R >	< D >
Ordinance Amendments
Rezoning		8.6.A	✓	✓	✓	✓	R	< R > [3]	< R >	< D >
Rezoning to Planned Development (PD)		8.6.B	✓	✓	✓	✓	R		< R >	< D >
Code Amendment (Text)		8.6.C	✓			✓ [4]	R		< R >	< D >
Historic Preservation Procedures
Historic Landmark Designation		8.7.A	✓	✓	✓	✓	R	< D >		< A >
Historic District Designation		8.7.C	✓	✓	✓	✓	R	< R >	< R >	< D >
Certificate of Appropriateness		8.7.D	✓	✓	✓		R	< D >		< A >
Certificate of No Effect		8.7.D					D [5]
Flexibility and Relief
Variance		8.8.A	✓	✓	✓	✓	R				< D >
Minor Modification		8.8.B					As required for associated application
CFA Alternative Standards Request		8.8.C		✓		✓	Director makes decision prior to submittal of subject development application
Appeal		8.8.D	✓	✓	✓		As indicated in table above
Special Exception		8.8.E	✓	✓	✓		R			< D >
Notes: [1] The Director may refer minor development review applications to the Planning and Zoning Commission. [2] A pre-application meeting is required for some types of temporary use permit applications; see Section 8.4.D. [3] Applies only in historic districts or for designated historic properties. [4] Pre-application meetings are required only for text amendments proposed by an applicant, not staff. [5] HPC Chair (or designee) and staff make the determination regarding a Certificate of No Effect.

8.3. Common Review Procedures

This section has been amended by Ordinance No. 2025-11, which is pending codification.

8.4. Development Permits

8.5. Subdivision Procedures

This section has been amended by Ordinance No. 2025-11, which is pending codification.

8.6. Ordinance Amendments

8.7. Historic Preservation Procedures

8.8. Flexibility and Relief

8.9. Review and Decision-Making Bodies

A. General

This section describes the standard procedures and rules applicable to all development applications unless otherwise stated in this Code. Common review procedures include seven steps, as shown below in Figure 8-1, Common Review Procedures, not all of which are applicable to every development application. Application-specific procedures in Sections 8.4 through 8.8 identify additional procedures and rules beyond those in this section.

B. Pre-Application Meeting

The pre-application meeting is intended to provide an opportunity for the applicant to meet with City staff to review applicable submittal requirements and review procedures associated with the proposed development concept.

A pre-application meeting is required according to Table 8.1, Summary Table of Review Procedures.

The applicant shall submit a request for a pre-application meeting to the Director.

The Director shall schedule pre-application meetings and notify appropriate staff and the applicant of the time and location of the meeting.

Any information or discussions held at the pre-application meeting shall not be binding on the City or the applicant. Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body until and unless a decision-making body takes formal action to attach that condition to a development approval.

Depending on the size and scale of the development proposal, the Director may recommend or require, or the applicant may request, a preliminary conceptual review hearing with the Planning and Zoning Commission. Such hearing shall be scheduled as a public hearing before the Commission and shall be noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

C. Application Submittal and Handling

This section has been amended by Ordinance No. 2025-11, which is pending codification.

a. Unless expressly stated otherwise in this Code, a development application shall be submitted by:

1. The owner, contract purchaser, or any other person having a recognized property interest in the land on which development is proposed; or

2. A person authorized to submit the application on behalf of the owner, contract purchaser, or other person having a recognized property interest in the land, as evidenced by a letter or document signed by the owner, contract purchaser, or other person.

b. If there are multiple owners, contract purchasers, or other persons authorized to submit the application, all such persons shall sign the application or a letter or document consenting to the application.

c. No application shall be submitted prior to attending a pre-application meeting, if required per Table 8.1, Summary Table of Review Procedures.

d. Applications will not be accepted from property owners/applicants who are:

1. In violation of, or not in compliance with, either this Code, Sedona City Code or Arizona Revised Statutes, unless, through the application and permitting process, the owner/applicant attempts to resolve any and all violations or compliance issues or is part of a plan of action, accepted by the Director, to do so; or

2. Have been determined by the City to owe delinquent transaction privilege taxes or any other delinquent fees payable to the City pursuant to this Code or City Code, unless the owner/applicant has entered into a written payment agreement approved by the City relating to payment of any and all outstanding obligations and is current in making any and all payments under the terms of such an agreement.

a. The application shall be submitted to the Director on a form established by the Director. The applicant bears the burden of demonstrating compliance with application requirements.

b. Some of the requirements listed below will not apply to a given proposal or piece of property; in those instances, the Director may waive those requirements.

c. The information requested by this Code, and as required by other applicable codes and ordinances, may be combined into one or more maps or plans; provided, that the combined maps or plans adequately and legibly depict the required information.

d. If required information has previously been submitted to the City and formed the basis of an approved development project, the same information need not be submitted again (for example, an applicant for a single-family residential building permit is not required to submit information previously submitted in conjunction with the subdivision plat approval).

e. After approval of any development plan, any change to the approved plan shall be resubmitted for a new approval prior to proceeding with the changed portion of the development plan.

The Director may waive certain submittal requirements in order to reduce the burden on the applicant and to tailor the requirements to the information necessary to review a particular application. The Director may waive such requirements upon finding that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly, in his or her opinion, support such waiver.

a. Application fees shall be paid at the time of submittal according to the type of application on the development review fee schedule. The fee schedule shall be established by resolution of the City Council and reviewed periodically.

b. In the event the Director determines that it is necessary to utilize the services of a consultant not on staff, the Director may impose additional fees associated with such outside consultant. The Director shall inform the applicant of the necessity to utilize the services of a consultant and the applicant may choose whether or not to proceed with the application.

a. The Director shall establish a review timeline for development applications and shall include that information in the Administrative Manual. The Director may amend the timeline to ensure effective and efficient review under this Code.

b. Residential rezoning applications shall be processed in compliance with A.R.S. § 9-462.11.

a. The Director shall establish a review timeline for development applications and shall include that information in the administrative manual. The Director may amend the timeline to ensure effective and efficient review under this code.

b. Residential rezoning applications shall be processed in compliance with A.R.S. § 9-462.11.

If an application has not been resubmitted to address staff-noted deficiencies within three months, such application shall be deemed abandoned and all fees forfeited. The applicant may request three additional months to address staff-noted deficiencies. Abandoned applications shall require a new pre-application meeting and may be subject to additional fees.

An applicant may revise an application after receiving notice of compliance deficiencies following staff review, or on requesting and receiving permission from an advisory or decision-making body after that body has reviewed, but not yet taken action on, the application. Revisions shall be limited to changes that directly respond to specific requests or suggestions made by staff or the advisory or decision-making body, as long as they constitute only minor additions, deletions, or corrections and do not include significant substantive changes to the development proposed in the application, as determined by the Director. All other application revisions shall be processed as a new application.

a. After an application has been accepted, the applicant may withdraw the application at any time by submitting a letter of withdrawal to the Director.

b. An applicant is not entitled to a refund of application fees for withdrawn applications. However, the Director may refund fees not expended during the first round of staff review if the application is withdrawn prior to preparation of any official written comments.

a. Where possible without creating an undue administrative burden on the City’s decision-making bodies and staff, this Code intends to accommodate the simultaneous processing of applications for different permits and approvals that may be required for the same development project in order to expedite the overall review process.

b. Review and decision-making bodies considering applications submitted simultaneously shall render separate recommendations and decisions on each application based on the specific standards applicable to each approval.

c. Examples of concurrent filing and processing of applications include, but are not limited to:

1. Development review and conditional use permit;

2. Development review and rezoning;

3. Conditional use permit and rezoning; and

4. Rezoning and subdivision.

d. Some forms of approval depend on the applicant having previously received another form of approval, or require the applicant to take particular action within some time period following the approval in order to avoid having the approval lapse. Therefore, even though this Code intends to accommodate simultaneous processing, applicants should note that each of the permits and approvals set forth in this Code has its own timing and review sequence, and so as a result, concurrent filings are not guaranteed to expedite the respective timing and review sequences of any particular permit or approval herein. [Ord. 2024-09 § 1 (Exh. A), 11-12-24].

D. Citizen Review Process

This section has been amended by Ordinance No. 2025-11, which is pending codification.

The citizen review process is intended to:

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

b. Ensure that citizens and property owners within the community have an adequate opportunity to learn about applications that may affect them and to work with applicants to resolve concerns at an early stage of the process; and

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

The citizen review process does not pertain to a specific review body or committee. It 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.

a. Every applicant who is proposing a project that requires a public hearing, except for those application types listed in subsection 8.3.D(2)b below, shall prepare a citizen participation plan following the pre-application meeting and submission of the application. Implementation of the plan shall begin upon submittal of the application.

b. A Citizen Participation Plan shall not be required for an application for a variance, Certificate of Appropriateness, appeal, minor conditional use permit (except those associated with a development review), or extension of time for an existing approval.

The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the site. At a minimum, the target area shall include the following:

a. Property owners within the public hearing notice area required by other sections of this Code;

b. The head of any homeowners association, or community/neighborhood appointed representative adjoining the project site; and

c. Other interested parties who have requested that they be placed on the notification list for a particular project.

d. The Director may determine that additional notices or areas should be provided.

At a minimum, the Citizen Participation Plan shall include:

a. How those interested in and potentially affected by an application will be notified that an application has been submitted;

b. How those interested and potentially affected parties will be informed of the substance of the change, amendment, or development proposed by the application;

c. How those affected or otherwise interested will be provided an opportunity to discuss the applicant’s proposal with the applicant and express any concerns, issues or problems they may have with the proposal in advance of the public hearing;

d. The applicant’s schedule for completion of the Citizen Participation Report; and

e. How the applicant will keep the Community Development Department informed on the status of their citizen participation efforts.

These requirements are in addition to public notice provisions required by Section 8.3.F, Scheduling and Notice of Public Hearings.

The Director may require the applicant to hold additional citizen participation meetings based on:

a. The length of time between the last citizen participation meeting and the date of the submittal of the application;

b. The extent of changes that have occurred to the development proposal since the last citizen participation meeting was held; and/or

c. The length of time between last public hearing (such as a conceptual review hearing) and the date of submittal for further development application consideration.

The applicant shall provide a written report to the Director and the Planning and Zoning Commission on the results of their citizen participation effort (prior to the notice of public hearing). The Citizen Participation Report shall include the information specified in the Administrative Manual.

E. Staff Review and Action

The Director shall distribute the complete application to appropriate staff and appropriate review agencies, per the Administrative Manual.

Staff shall review the application and shall consult with applicable City departments and participating reviewing agencies with jurisdiction over public health and safety. Staff shall submit recommendations and comments to the applicant in a form established by the Director. The applicant shall attend a meeting with the appropriate staff as determined by the Director to discuss staff recommendations and comments. The application will not move forward for further review until the Director determines that the applicant has adequately responded to the City’s recommendations and comments, or the applicant requests that the application move forward without responding to the City’s recommendations and comments.

If an application is subject to staff review and recommendation to the Planning and Zoning Commission and/or City Council per Table 8.1, Summary Table of Review Procedures, staff shall prepare a written staff report that summarizes the proposal, findings, and recommendations.

The Director shall submit a copy of the staff report to the applicant and the advisory and/or decision-making body, and shall make the staff report and related materials available for public review at least seven calendar days prior to the hearing at which the application is scheduled to be heard.

a. If an application is subject to staff review and a final decision by the Director, the Director shall make a decision based on the review standards applicable to the application type. The decision shall be in writing and shall clearly state reasons for a denial or conditions of approval.

b. Appeals of administrative decisions may be made pursuant to Section 8.8.D, Appeal.

Unless otherwise specified in this Code, City review and decision-making bodies shall review all development, subdivision and rezoning applications submitted pursuant to this article for compliance with the general review criteria stated below.

The proposed development shall be consistent with the terms and conditions of any prior land use approval, plan, or plat approval that is in effect and not proposed to be changed. This includes an approved phasing plan for development and installation of public improvements and amenities.

Except for proposed subdivisions, the proposed development shall be consistent with and conform to the Sedona Community Plan, Community Focus Area plans, and any other applicable plans. The decision-making authority:

1. Shall weigh competing plan goals, policies, and strategies; and

2. May approve an application that provides a public benefit even if the development is contrary to some of the goals, policies, or strategies in the Sedona Community Plan or other applicable plans.

The proposed development shall be consistent with the purpose statements of this Code and comply with all applicable standards in this Code and all other applicable regulations, requirements and plans, unless the standard is lawfully modified or varied. Compliance with these standards is applied at the level of detail required for the subject submittal.

The proposed development shall not cause significant adverse impacts on surrounding properties. The applicant shall make a good-faith effort to address concerns of the surrounding property owners in the immediate neighborhood as defined in the Citizen Participation Plan for the specific development project, if such a plan is required.

The proposed development shall be consistent with any adopted intergovernmental agreements, and comply with the terms and conditions of any intergovernmental agreements incorporated by reference into this Code.

The proposed development shall be designed to minimize negative environmental impacts, and shall not cause significant adverse impacts on the natural environment. Examples of the natural environment include water, air, noise, storm water management, wildlife habitat, soils, and native vegetation.

The proposed development shall not result in significant adverse fiscal impacts on the City.

As applicable, the proposed development shall comply with federal, state, county, service district, City and other regulatory authority standards, and design/construction specifications for roads, access, drainage, water, sewer, schools, emergency/fire protection, and similar standards.

Adequate road capacity must exist to serve the uses permitted under the proposed development, and the proposed uses shall be designed to ensure safe ingress and egress onto the site and safe road conditions around the site, including adequate access onto the site for fire, public safety, and EMS services. The proposed development shall also provide appropriate traffic improvements based on traffic impacts.

Adequate public service and facility capacity must exist to accommodate uses permitted under the proposed development at the time the needs or demands arise, while maintaining adequate levels of service to existing development. Public services and facilities include, but are not limited to, roads, potable water, sewer, schools, public safety, fire protection, libraries, and vehicle/pedestrian connections and access within the site and to adjacent properties.

If the application involves phases, each phase of the proposed development shall contain all of the required streets, utilities, landscaping, open space, and other improvements that are required to comply with the project’s cumulative development to date, and shall not depend upon subsequent phases for those improvements.

a. Where this Code authorizes a review body to approve or deny an application subject to applicable criteria, the review body may approve the application with conditions necessary to bring the proposed development into compliance with this Code or other regulations, or to mitigate the impacts of that development on the surrounding properties and streets.

b. All conditions of approval shall be reasonably related to the anticipated impacts of the proposed use or development or shall be based upon standards duly adopted by the City. Such conditions may include those necessary to carry out the purpose and intent of the Sedona Community Plan, other adopted City plans, and this Code.

c. No conditions of approval shall be less restrictive than the requirements of this Code, except where the Code expressly allows deviations.

d. Any condition of approval that requires an applicant to dedicate land or pay money to a public entity in an amount that is not calculated according to a formula applicable to a broad class of applicants shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts.

e. During its consideration, the decision-making body may consider alternative potential conditions, and no discussion of potential conditions shall be deemed an attempt or intent to impose any condition that would violate the federal or state constitutions, statutes, or regulations. Discussions of potential conditions to mitigate impacts do not reflect actions by the decision-making body unless and until the decision-making body takes formal action to attach that condition to a development approval.

f. Unless otherwise provided in this Code, any representations of the applicant in submittal materials or during public hearings shall be binding as conditions of approval. [Res. 2019-19 Exh. A, 10-8-19].

F. Scheduling and Notice of Public Hearings

This section has been amended by Ordinance No. 2025-11, which is pending codification.

a. If an application is subject to a public hearing per Table 8.1, Summary Table of Review Procedures, the Director shall schedule the public hearing for either a regularly scheduled meeting or special meeting of the appropriate decision-making body.

b. The public hearing shall be scheduled to allow sufficient time to prepare a staff report per Section 8.3.E, Staff Review and Action.

All public hearings required by this Code shall be preceded by the notices identified in Table 8.1, Summary Table of Review Procedures. Persons with specific issues or concerns regarding a proposed application are encouraged to contact the Community Development Department in writing, by phone, or in person prior to the hearing.

The City shall be responsible for the accuracy of and proper publication, mailing, and posting of notice of the public hearing. The applicant shall be responsible for maintaining the posted notice once posted on the site by the City.

In a proceeding involving an application for property that abuts unincorporated areas of the county, copies of the notice of public hearing shall be transmitted by the City to the planning agency of the governmental unit abutting such land.

1. Required published or mailed notices shall:

i. Identify the application type;

ii. Describe the nature and scope of the proposed project;

iii. Identify the location subject to the application;

iv. Identify the date, time, and location of the hearing being noticed;

v. Identify where and when the application and associated materials may be inspected; and

vi. Indicate opportunity to appear at the public hearing.

2. Published notice shall appear in a newspaper of general circulation in the City at least 15 days prior to the scheduled hearing.

3. Mailed notices shall be sent via first-class mail to all property owners as listed in the records of the county tax assessor’s office within 300 feet of the subject property, as measured from property boundaries.

1. Required posted notice shall include at least one sign on the subject property at least 15 days prior to the public hearing. The City is responsible for posting the sign(s). The applicant is responsible for maintaining the sign(s) once erected. The sign(s) shall be clearly visible from adjacent streets or public rights-of-way and shall remain on the property until after the hearing.

2. The Director may require additional signs based on access and configuration of the property.

3. Required posted notice shall:

i. Identify the application type;

ii. Describe the nature and scope of the proposed project;

iii. Identify the date, time, and location of the hearing being noticed; and

iv. Identify a telephone number for additional information.

Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly construed.

As provided in A.R.S. § 9-462.04(A)(7), or any successor statute, the failure of any person or entity to receive notice as set forth in the statute or this subsection shall not constitute grounds for any court to invalidate the actions of the City.

In addition to notice by the means set forth above, the City may give notice of the hearing in a specific case in such other manner as it deems necessary or appropriate.

G. Review and Decision

This section has been amended by Ordinance No. 2025-11, which is pending codification.

a. The application shall be subject to review, hearings, recommendations, and decisions as indicated in Table 8.1, Summary Table of Review Procedures.

b. If the application is subject to a public hearing, the applicable review body shall hold a public hearing on the application in accordance with Section 8.3.G(2), Public Hearing Procedures.

c. The applicable review body shall consider the application, relevant support materials, staff report, and any evidence and public comments from the public hearing (if required).

d. The applicable review body shall approve, approve with conditions, or deny the application based on the applicable approval criteria listed in the application-specific procedures. The body may also continue the hearing.

e. If the review involves a quasi-judicial hearing, the recommendation or decision (as applicable) shall be based only on the record of the public hearing; shall be in writing; shall include findings of fact based on competent, material, and substantial evidence presented at the hearing; shall reflect the determination of contested facts; and shall state how the findings support compliance with applicable review standards.

f. The decision-making body may incorporate or require, as part of a condition of approval, a written agreement between the applicant and the City that enforces the conditions. All conditions shall comply with the limitations in Section 8.3.E(6), Conditions of Approval.

g. The applicable review body shall clearly state the factors considered in making its recommendation or decision, as well as the basis or rationale for the recommendation or decision.

Public hearings required by this Code shall be conducted according to the rules and procedures established by the respective bodies, and in compliance with City Code and state law.

Any furtherance of pre-development activity engaged in by or in behalf of the developer while an application is pending shall in no instance be construed as having been undertaken in reliance of an approval of such application.

H. Post-Decision Actions and Limitations

Unless otherwise provided in this article, a decision made under this article shall be final 15 days from the date of the decision unless, prior to the expiration of that period, an appeal has been filed with the Director pursuant to Section 8.8.E, Appeal.

The applicant or any member of the general public may file a written appeal regarding a decision made under this article, clearly stating the reasons for such appeal, within 15 days of the final action, pursuant to Section 8.8.E, Appeal.

Approval under this article may be granted subject to a schedule of development or set time period for development of specific improvements, and/or establishment of a specific use or uses for which the approval is requested. Approval shall expire at the end of this period or, if a specific time period is not specified, after two years following the date upon which the final approval became effective, if none of the following have occurred:

1. The subject property has been improved for the development for which it was approved and a building permit has been issued and construction commenced and is being diligently pursued toward completion of the site for which the approval was originally granted; or

2. A Certificate of Occupancy has been issued for structure(s) that were the subject of the application; or

3. The site has been occupied for a permitted use if no building permit or Certificate of Occupancy is required.

Upon expiration, the approval shall be considered revoked, unless a request for a time extension is made by the applicant to the Director at least 90 days prior to the date of the expiration of the original approval in accordance with established application submittal scheduling requirements. The applicant is responsible for keeping track of the application expiration dates.

An approval subject to expiration may be granted a maximum of two time extensions by the body that originally approved the application. The action regarding the extension may be appealed subject to the appeal requirements of the original application.

1. The first time extension approval shall meet the criteria as outlined in Section 8.3.H(3)d, Evidence Required To Support Extension Requests, and the expiration date shall not exceed two years from the original approval expiration date.

2. The second time extension approval expiration date shall meet the criteria as outlined in Section 8.3.H(3)d, Evidence Required To Support Extension Requests, and the expiration date shall not exceed two years from the first time extension expiration date. There must be exceptional circumstances to warrant a second time extension. In granting the second extension, the decision-making body must consider the complexity of the project and identify the specific circumstances that warrant the extension.

3. In no case shall the combination of two time extension approvals exceed four years from the original approval expiration date.

4. Consideration of time extensions shall be at a public hearing and shall be noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

5. Upon the expiration of the specified time period, if no extension has been granted or no application for the same has been submitted, or a granted time extension has expired, then the application shall be considered revoked. In the case of a revocation of a conditional rezoning, the Director shall initiate the process for consideration for reversion to original zoning, which shall follow the rezoning procedure set forth in Section 8.6.A, Rezoning (Zoning Map Amendment).

In all requests for time extension, the applicant shall provide substantial and verifiable evidence showing that:

1. In spite of the good faith efforts of the applicant, circumstances beyond their control have prevented the timely pursuit of the development and completion of the necessary requirements within the originally authorized time period; or

2. The applicant has completed substantial property improvements, incurred substantial nonrecoverable monetary expenditures or commitments, or has completed supporting development improvements, or retained the services for preparation of supporting data in reliance upon the approval of the request.

3. In either instance, the applicant is, in good faith, continuing to diligently pursue implementation of the development to the degree authorized by the City and the applicant shall be current on all City fees, including wastewater billing charges, and has no code violations or environmental, health and safety issues existing on the property.

Extension of previously approved applications may be subject to the following:

1. Modification of previously required conditions of approval as warranted by interim changes in the area, and/or to ensure continued compatibility with any improvements within the context area;

2. Project revisions as necessary to comply with ordinance or code amendments that may have taken effect since the time of the original approval.

Development authorized by any approval under this article may incorporate minor changes from the approved plan, permit, or conditions of approval, as appropriate, without the need for a new application; provided, that the Director determines that the proposed changes:

1. Comply with the standards of this Code;

2. Are necessary to meet conditions of approval; and

3. Would not significantly alter the function, form, intensity, character, demand on public facilities, or impact on adjacent properties as approved with the administrative site/architectural plan.

Any modification of an approved plan, permit, or condition of approval that the Director determines does not meet the criteria in subsection H(4)a of this section above shall require a new application that is submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of the original application.

Following denial of an application, the decision-making body shall not decide on applications that are the same or substantially similar within one year of the previous denial. This waiting period may be waived by the decision-making body provided that:

a. There is a substantial change to circumstances, or new information available, relevant to the issues or facts considered during the previous application review; or

b. The new application is materially different from the previous application.

A. Development Review

This section has been amended by Ordinance No. 2025-11, which is pending codification.

The purpose of development review is to provide guidance and direction in the physical improvements of properties within the City through the review of all aspects of a proposed development, including, but not limited to, design review, site planning, and the relationship of the development to the surrounding environment and the community. Development review shall promote development that is safe, attractive, and compatible with surrounding areas and the City at large.

1. Development review is required prior to the issuance of a building permit and construction of physical improvements. Development review is required for all development subject to this Code, including signs, landscaping, site layout, and use associated with:

i. New building construction;

ii. Newly established uses of land;

iii. Expansions, alterations, or modifications of existing structures or sites for commercial, public, semi-public, and multifamily residential uses of property within the City that result in increased occupancy or intensity of use; and

iv. Creation or expansion of any vehicular parking area.

2. Development review is not required for:

i. Detached single-family residential uses in single-family zones, and associated accessory buildings and uses, which are subject to Section 8.4.C, Single-Family Residential Review; and

ii. Interior tenant alterations or improvements that do not increase parking requirements or alter exterior building appearances; and

iii. Projects that fall underneath the thresholds for minor development review in Table 8.2.

Development plan review is conducted by the Director or the Planning and Zoning Commission, based on the thresholds in Table 8.2 below:

Type of Development	Minor Development Review (Director)	Major Development Review (Planning and Zoning Commission)
RESIDENTIAL
Multifamily residential	Between 5 and 10 dwelling units	11 or more dwelling units
NONRESIDENTIAL
Any new building	Between 2,000 and 5,000 square feet gross floor area (individually or cumulatively)	5,000 or more square feet gross floor area (individually or cumulatively)
Any newly established use of land
Any expansion, alteration, or modification of existing structure or site
Notes: See exceptions to development review thresholds in Section 8.4.A(2)c. Projects with fewer than five residential units are reviewed pursuant to Section 8.4.C, Single-Family Residential Review. Projects with less than 2,000 nonresidential square feet are reviewed as part of the building permit application.

The Director may require any of the following minor building improvement items to be considered by the Commission at a public hearing on the basis of location or visual impacts, or in conjunction with other aspects of overall site development or improvement:

i. Signs;

ii. Fences or walls;

iii. Exterior stairways, porches, or balconies;

iv. Exterior repair or replacement of existing siding and trim;

v. Reroofing;

vi. Exterior painting; and/or

vii. Other similar minor improvements as determined by the Director.

i. The Director may approve the following types of expansions, alterations, or modifications to development projects or sites that would otherwise be subject to major development review and approval by the Commission per Table 8.2:

a. Interior alterations or modifications that do not increase the overall gross floor area of a building; and/or

b. Minor exterior alterations or additions to a building that do not exceed five percent of the gross square footage of the building, provided they are architecturally compatible with the existing building.

ii. Notwithstanding subsection 8.4.A(2)c.2.i above, the Director may require such expansions, alterations, or modifications to be considered by the Commission at a public hearing on the basis of location or visual impacts, or in conjunction with other aspects of overall site development or improvements.

Figure 8-2 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to minor development review. Additions or modifications to the common review procedures are noted below.

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

The minor development review application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

1. While no notice of public hearing is required, the City shall provide notice of all minor development review applications to the owners of all properties adjacent to the subject property, including those across a street or right-of-way.

2. The Director shall review the minor development review application and approve, approve with conditions, or deny the application in accordance with Section 8.3.E, Staff Review and Action, based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications.

3. Alternatively, the Director may refer the application to the Planning and Zoning Commission pursuant to Section 8.4.A(2)c.1, Director Referral to Planning and Zoning Commission.

Figure 8-3 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to major development review. Additions or modifications to the common review procedures are noted below.

1. A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

2. Depending on the size and scale of the development proposal, the Director may recommend or require, or the applicant may request, a preliminary conceptual review hearing with the Planning and Zoning Commission. Such hearing shall be scheduled as a public hearing before the Commission and shall be noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

The major development review application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

The applicant shall prepare and implement a Citizen Participation Plan pursuant to Section 8.3.D, Citizen Review Process.

1. The Director may review and approve, approve with conditions, or deny those types of projects submitted for major development review as listed in Section 8.4.A(2)c.2, Director Approval of Certain Major Projects.

2. For all other major development review applications, the Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The major development review application shall be scheduled for a public hearing before the Planning and Zoning Commission and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

The Planning and Zoning Commission shall review the major development review application and approve, approve with conditions, or deny the application in accordance with Section 8.3.G, Review and Decision, based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modifications:

No building permit shall be issued until the development review application and all other associated applications have been approved and any applicable appeal period is exhausted.

1. Prior to the issuance of a building permit, the Director shall determine that the submitted plans for the building permit substantially conform to those approved by the Director, the Commission, or Council and that the time period for approvals has not expired. An approval stamp and the date of the approval shall indicate that the plans are in conformity.

2. Any conditions prescribed by the Director, the Commission, or Council shall be considered an integral part of the construction plans. The conditions of approval shall be noted or depicted on all plans that may be required by applicable City departments.

3. Upon completion of the development, the Director and all applicable reviewing agencies involved with the development review proposal shall conduct a site investigation to assure compliance with all applicable conditions of approval prior to the issuance of a Certificate of Occupancy.

4. Any building, structure, or sign that has been constructed or installed without the approval of the Director, the Commission, or Council, as applicable, may be ordered removed at the applicant’s expense. Modifications, alterations, or changes to approved plans shall not be authorized without specific review and approval. Proposed revisions shall be submitted for consideration in the same manner as a new application.

5. Noncompliance with approved plans and conditions shall be grounds for the Director to either stop the work on the project or to deny a Certificate of Occupancy, as described in Section 1.7.C, Enforcement Actions or Proceedings .

6. Any building, structure, plant, material, or sign that has been approved by the Director, Commission, or Council and has been constructed or installed in accordance with approved plans shall be maintained in accordance with said approvals by the owner or person in possession of the property on which the building, structure or sign is located.

B. Conditional Use Permit

The conditional use permit procedure provides a mechanism for the City to evaluate proposed land uses that are generally characterized by infrequency of use, high degree of traffic generation, and/or requirement of a large land area. This procedure is intended to ensure compatibility of such uses with surrounding areas and that adequate mitigation is provided for anticipated impacts.

A conditional use permit is required for the establishment of certain land uses as specified in Table 3.1, Table of Allowed Uses. Approval of a new conditional use permit is also required for modification or expansion of an existing conditional use.

Figure 8-4 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of conditional use permits. Additions or modifications to the common review procedures are noted below.

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

The conditional use permit application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

The applicant shall prepare and implement a Citizen Participation Plan pursuant to Section 8.3.D, Citizen Review Process.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The conditional use permit application shall be scheduled for a public hearing before the Planning and Zoning Commission and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

1. The Planning and Zoning Commission shall review the conditional use permit application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. The Commission shall approve, approve with conditions, or deny the application in accordance with Section 8.3.G, Review and Decision, based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications.

2. A conditional use permit may be granted for a limited time period or may be granted subject to such conditions as the Commission may prescribe, effective upon the satisfaction of certain conditions.

3. The decision shall become final 15 days following the date on which the conditional use permit was revoked unless an appeal has been filed with the Director within the prescribed 15-day appeal period, in which case the Council shall render a final decision.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modifications:

If the use for which the conditional use permit was approved ceases for a period of two years, the permit shall automatically expire.

If a use permit is granted subject to conditions, upon failure to comply with conditions, a conditional use permit shall be suspended automatically, may invoke enforcement per Section 1.7, Enforcement, or may be revoked subject to the following:

a. The Director shall notify the applicant of the suspension and the reasons for the suspension and specify a time period for the applicant to comply with the condition or conditions.

b. If the applicant fails to comply within the specified time period, the Commission shall hold a public hearing within 40 days. If not satisfied that the condition or conditions in question are being complied with, the Commission may revoke the conditional use permit or take action necessary to ensure compliance with the condition(s).

A conditional use permit granted pursuant to the provisions of this section 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 conditional use permit application. Any proposed revisions or changes to an approved conditional use permit application shall be submitted in the same manner, and subject to the same approval process, as the original review.

In the event that the City Manager determines a public emergency, the Community Development Director may suspend one or more conditions of approval on a conditional use permit.

The Director may approve a minor conditional use permit to authorize the renewal or time extension of any previously issued conditional use permit. Such permit shall continue to be subject to all applicable use-specific standards of this Code. No public notification or hearing is required for issuance of a minor conditional use permit. [Ord. 2023-03 § 1 (Exh. A), 4-25-23; Res. 2019-19 Exh. A, 10-8-19].

C. Single-Family Residential Review

The purpose of the single-family residential review procedure is to provide for administrative review of the development of a single-family residence on a lot or parcel zoned for single-family residential use.

Single-family residential review shall be required for development of any new building or structure on any existing or new single-family residential lot or parcel, and also for the development of any new building or structure containing up to four multifamily residential units.

Figure 8-5 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to single-family residential review. Additions or modifications to the common review procedures are noted below.

Figure 8-5: Single-Family Residential Review

The single-family residential review application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling, with the following modification: All required information relevant to the building of structures on a lot shall be submitted to the Department concurrently with the submission of a building permit application for proposed development.

The Director shall review the single-family residential review application based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications, and the approved subdivision final plat, if applicable. If it is determined that the proposed development meets all applicable requirements, the building permit for the proposed development shall be issued. If it is determined that the proposed development does not comply, the Director shall advise the applicant in writing of the reasons for noncompliance.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply.

D. Temporary Use Permit

The temporary use procedure provides a mechanism for the City to evaluate prospective uses and/or structures of limited duration to ensure compliance with applicable standards of this Code, including Section 3.5, Temporary Uses and Structures.

A temporary use permit is required before establishing, constructing, or installing any temporary use or structure designated as requiring a temporary use permit in Section 3.5, Temporary Uses and Structures.

Figure 8-6 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to temporary use permits. Additions or modifications to the common review procedures are noted below.

The Director may require or the applicant may request a pre-application consultation in accordance with Section 8.3.B, Pre-Application Meeting, based on the size and scope of the event.

The temporary use permit application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

The Director shall review the temporary use permit application and approve, approve with conditions, or deny the application in accordance with Section 8.3.E, Staff Review and Action, based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications, and the specific criteria in Section 8.4.D(4), Temporary Use Permit Approval Criteria. The Director may require cash bond to defray costs if the permittee fails to comply with conditions of approval.

Post-decision actions and limitations in Section 8.3.H shall apply, with the following modifications:

A temporary use permit authorizes establishment, construction, or installation of the approved temporary use or structure in accordance with the terms and conditions of the permit.

A temporary use permit shall be valid beginning on the date specified on the permit and shall remain valid for the time period indicated on the permit.

Before the expiration of a temporary use permit, the permittee shall disconnect all temporary uses and structures, and associated property and equipment, and free the temporary use site from all trash, litter, and debris to the satisfaction of the Director.

A temporary use may be approved subject to conditions of approval. Upon failure to comply with conditions, a temporary use permit may be suspended or revoked automatically, and the permit holder may be subject to code enforcement action pursuant to Section 1.7, Enforcement. If a temporary use permit is suspended or revoked, the Director has the authority to refuse to accept another application for a temporary use permit for the same or substantially the same use within one year from the date the temporary use permit application was filed.

The Director may approve a temporary use permit upon finding that the application meets all of the following criteria:

a. Complies with applicable temporary use standards, as well as all other applicable standards in this Code;

b. Adequately mitigates any impacts associated with access, traffic, emergency services, utilities, parking, refuse areas, noise, lighting, odor, and disruption of the natural environment; and

c. Complies with all requirements and conditions of approval of any prior development permits or approvals.

A. Preliminary Plat

This section has been amended by Ordinance No. 2025-11, which is pending codification.

The preliminary plat procedure provides a mechanism for the City to review an overall plan for a proposed subdivision to ensure compliance with this Code and the adequate provision of facilities and services in the City.

A preliminary plat is required for any proposed subdivision that:

1. Is on land that has not been platted; or

2. Will include the dedication of public right-of-way, other public tracts, or public improvements; or

3. Is not eligible to be processed as a land division, pursuant to Section 8.5.C, Land Division or Combination.

A proposed subdivision shall be designed to meet the specific requirements for the zoning district within which it is located.

Figure 8-7 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of preliminary plats. Additions or modifications to the common review procedures are noted below.

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

i. Before commencing with preliminary plat submittal and review procedures, a conceptual review public meeting for any subdivision with more than 10 units shall be scheduled with the Planning and Zoning Commission. The Director may waive the conceptual plat requirement for projects on the basis of potential location or visually related impacts.

ii. The Commission shall hold at least one public meeting on each conceptual plat, which shall be noticed pursuant to Section 8.3.F, Scheduling and Notice of Public Hearings. At the public meeting, no actions shall be taken by the Commission on the conceptual plat. The public meeting is intended to provide an opportunity for the applicant to hear any concerns, comments, or requests for additional information from the Director, Commission, applicable reviewing agencies and utilities, and members of the public.

Preliminary plat submission and review commences after the conclusion of conceptual review, if required. This stage of land and airspace subdivision includes detailed subdivision planning, submittal, review, and approval of the preliminary plat. The preliminary plat application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

The applicant shall prepare and implement a Citizen Participation Plan pursuant to Section 8.3.D, Citizen Review Process.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action, with the following modifications: Upon formal acceptance of the preliminary plat application, the Director shall:

1. Distribute copies of the application to representatives of utilities, agencies, and governments that may be affected or have a pertinent interest in the proposed subdivision for their written comments; and

2. Distribute comments to the applicant and discuss these comments at a staff/applicant meeting.

The Commission shall hold at least one public hearing on each preliminary plat. The hearing shall be noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

1. The Planning and Zoning Commission shall review the preliminary plat application and recommend approval, approval with conditions, or denial, based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications.

2. If the plat is generally acceptable but requires minor revision before proceeding with preparation of the final plat, the Commission may recommend conditional approval and note the required revisions in the minutes of the hearing.

3. If the Commission finds that the plat requires major revision, consideration of the plat may be continued pending revision or resubmittal of the plat or any part thereof. Major revisions shall be subject to the same review requirements as the original submittal.

1. The staff shall refer the written recommendations of the Commission on the preliminary plat to the Council.

2. After conducting a properly noticed public hearing, the Council shall approve, conditionally approve, deny, or continue its consideration of the proposed preliminary plat, based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modifications:

If a preliminary plat is denied by the Council, a similar preliminary plat of the same area or portion thereof may not be refiled for at least one year from the date of disapproval. If a plat is refiled, it shall be treated as a new application and all fees shall be paid.

Revisions to subdivision design may be required to satisfy required conditions of approval. Required revisions to the preliminary plat must be submitted for review by the Director. The Director shall respond in writing to the revisions.

The approval of a preliminary plat shall expire 24 months from the date approved by the Council, subject to the following:

i. It shall be the responsibility of the applicant to monitor elapsed time.

The actions taken by the Commission and Council on any amended preliminary plat shall be limited to that portion of the plat affected by the amendment and shall not be construed as extending the time in which the final plat shall be filed. Any amended portion of a preliminary plat shall comply with the requirements in effect at the time the amendment is considered by the Commission. The amended plat shall show all of the information required by this section concerning any changes that may have been made on the plat.

B. Final Plat

This section has been amended by Ordinance No. 2025-11, which is pending codification.

The final plat procedure completes the subdivision process and ensures compliance with the approved preliminary plat and applicable standards in this Code.

a. The final plat procedure applies to all subdivisions in the City unless otherwise stated in this Code. Until a final plat of a subdivision has been approved in accordance with these regulations, no division of land either by recording a plat, conveyance, or other similar action which by definition constitutes a subdivision shall be permitted.

b. Applications for final plats submitted to the City within 12 months after original Council approval of the preliminary plat shall be subject to the design and improvement standards applicable at the time of the preliminary plat application. All other final plat applications shall be subject to the design and improvement standards applicable at the time of the final plat application.

Figure 8-8 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of final plats. Additions or modifications to the common review procedures are noted below.

The final plat application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling. The final plat shall be presented in accordance with the requirements set forth in this Code and the Administrative Manual and shall conform to the approved revised preliminary plat.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action, with the following modification:

1. The Director, upon receipt of the final plat submittal, shall immediately record receipt and date of filing and check it for completeness. If complete, the Director shall review the plat for substantial conformity to the approved preliminary plat and refer copies of the submittal to the reviewing offices specified in the Administrative Manual. The Director shall assemble the recommendations of the various reviewing agencies and prepare a concise summary of the recommendations, submit the summary of the reviewers’ recommendations to the Council. The Director shall offer the applicant an opportunity to correct any deficiencies in the submittal based on the comments received.

2. If the Director finds that the final plat does not conform to the approved preliminary plat, the applicant shall be required to resubmit a new final plat application.

1. Upon receipt of a complete application for Council action on a final plat, the request shall be placed on the agenda of a regular Council meeting. No public hearing or notice is required. The Council shall approve or deny the plat at this meeting.

2. If the Council approves the plat, the Clerk shall transcribe a Certificate of Approval on the plat, first making sure that all required certifications have proper signatures.

3. When the Certificate of Approval by the Council has been transcribed on the plat, the Department shall retain the copy to be recorded until the City Engineer certifies that the subdivision has met the Arizona Boundary Survey Minimum Standards and the engineering plans have been approved.

4. The Director shall authorize the final plat to be recorded in the office of the county recorder of Yavapai and/or Coconino County.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modifications:

The applicant shall not record a plat unless the plat has been approved by the Council. Any offer to sell, contract to sell, sale or deed of conveyance of a major or minor subdivision or any part thereof before a final plat, in full compliance with the provisions of these regulations, has been duly recorded in the office of the county recorder shall be a violation of this Code.

Before the recording of the plat, the following shall be filed with the City Clerk:

i. A Certificate of Approval of improvement plans signed by the City Engineer;

ii. A copy of the executed agreement between the City and the applicant;

iii. The letter of agreement with serving utilities; and

iv. Financial assurance, cash, or letter of credit in an amount specified by the City Engineer and in a form acceptable to the City Attorney pursuant to Section 8.5.B(3)d.3.

i. To ensure construction of the required improvements as set forth in this Code, except those utility facilities defined in Section 7.4.G(4), Utilities, the applicant shall deposit with the City Engineer an amount in cash or financial assurance or other legal instrument equal to 100 percent of the cost of all work plus the fees established in the Administrative Manual to cover administrative costs, or of each approved phase (as determined by the City Engineer), guaranteeing that all work will be completed in accordance with City plans and specifications in a form acceptable to the City Attorney.

ii. When the improvement of a street by a governmental agency is imminent, the applicant shall deposit the current estimated costs for the improvement of such facilities commensurate with estimated traffic impacts of the proposed subdivision, as approved by the Director, in an account to be disbursed to the City at the time the contract is awarded for the project.

iii. The financial assurance shall be executed by the applicant, as principal, with a corporation authorized to transact surety business in the state of Arizona through an authorized agent with an office in Arizona. The financial assurance shall be in favor of the City and shall be continuous in form. The total aggregate liability of the surety for all claims shall be limited only to the face amount of the bond, regardless of the number of years the bond is in force. The bond or cash shall be released upon satisfactory performance of the work and its acceptance by the City Engineer. The bond may not be canceled or the cash withdrawn by the applicant until other security satisfactory to the City has been deposited which will cover the obligations remaining to be completed by the applicant.

i. Instead of providing assurance of construction in the manner provided in Section 8.5.B(3)d.2, the applicant may provide assurance of construction of required improvements (except those utility facilities defined in Section 7.4.G(4), Utilities) by delivering to the City Engineer, before recording of the plat, an appropriate agreement between an approved lending institution and the applicant. Funds sufficient to cover the entire cost of installing the required improvements, including engineering and inspection costs and the cost of replacement or repairs of any existing streets or improvements damaged by the applicant in the course of development of the subdivision, and approved by the City Engineer shall be deposited with such approved lending institution by the applicant.

ii. The agreement shall provide that the approved funds are specifically allocated and will be used by the applicant, or on his behalf, only for the purpose of installing the subdivision improvements. The City shall be the beneficiary of such agreement, or the applicant’s rights thereunder shall be assigned to the City, and the City Engineer shall approve each disbursement from these funds. The agreement may also contain terms, conditions, and provisions normally included by such lending institutions in loan commitments for construction funds or necessary to comply with statutes and regulations applicable to such lending institutions.

All improvements required for the development of the subdivision shall comply substantially with the plans approved and adopted by the City Council. An applicant or his successors in interest may file a request for an amendment with the Director. Upon receipt of a request, the Director will determine whether the requested change is minor or major. The following procedures shall be followed for any amendment to a final plat, including amendments to the subdivision’s phasing schedule.

a. The Director shall bring a proposed major amendment before the Commission and the Council following the same procedure required under this Code for submission of a preliminary plat and final plat application.

b. The change will be deemed major if it involves any one of the following:

1. An increase in the approved total of units, lots, or gross commercial area for the subdivision;

2. A change in the zoning district boundaries from those approved for the subdivision;

3. Any change that could have significant impact on areas adjoining the subdivision as determined by the Director; and/or

4. Any change that could have a significant traffic impact on roadways adjacent or external to the subdivision as determined by the City Engineer.

a. If the requested change is determined to be minor, the amended final plat shall be submitted to the Director in the format specified in the Administrative Manual.

b. The Director shall assemble the recommendations of the various reviewing officers, prepare a concise summary of the recommendations, and submit this summary to the Council.

c. Upon receipt of a complete application for Council action on a final plat amendment, the request shall be placed on the agenda of a regular Council meeting. The Council shall approve or deny the final plat amendment at this meeting.

d. If the Council approves the plat, the Clerk shall transcribe a Certificate of Approval on the plat, first making sure that all required certifications have proper signatures.

e. The Director shall authorize the final plat to be recorded in the office of the county recorder of Yavapai and/or Coconino County.

C. Land Division or Combination

This procedure provides an administrative review to ensure that divisions of land that do not constitute a subdivision comply with applicable zoning regulations and do not create landlocked parcels. This procedure also shall be used for the combination of land parcels. This section is not intended to prohibit or prevent the minor division of land as authorized and permitted by Arizona state law and the City and these subdivision regulations. Road standards shall meet the requirements of Engineering Standards Manual.

1. A parcel of land whose area is two and one-half acres or less may be divided into two or three separate parcels of land for the purpose of sale or lease only upon issuance of a land division permit, approved by the Director. The split shall be accomplished either by recording of a contract of sale or deed of conveyance or by requesting a split of a Tax Assessor parcel. The Director may review the history of transactions on the subject property through a series of owners and conveyances to determine whether further lot splits are permitted.

2. A property owner of two contiguous parcels may use the land division process to divide one of the two parcels one time to create a maximum of three parcels total. A property owner of three or more contiguous parcels shall be required to go through the subdivision process to divide lots.

Any land division or sequence of divisions that are the result of two or more individuals, firms, partnerships or corporations conspiring together to create four or more parcels of land, each less than 36 acres in size, shall be deemed a subdivision and subject to all provisions of this Code regulating subdivisions.

Figure 8-9 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to land divisions. Additions or modifications to the common review procedures are noted below.

The land division application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling, with the following modification: The application shall describe the property involved, including existing and proposed lot lines and access and utility easements, identification of all parties of interest to the division, and the manner in which the divided parcels are to obtain access.

Upon receipt of a complete application, the Director shall approve or deny the land division based on the findings in Section 8.5.C(4) below.

The Director shall review and approve a land division that conforms to the following findings:

a. The parcels resulting from the division conform to applicable zoning regulations;

b. The division of land would not result in a “subdivision” as defined by this Code;

c. None of the resulting parcels would be landlocked;

d. The street design requirements of Section 7.3.F have been met;

e. The wastewater requirements as determined by the City Engineer have been met; and

f. The storm water requirements as determined by the City Engineer have been met.

g. Lots proposed to be combined have the same zoning designation. [Ord. 2023-03 § 1 (Exh. A), 4-25-23].

D. Condominiums and Condominium Conversions

This section establishes the requirements for condominium developments and condominium conversions (airspace planning).

Final plats for condominiums shall be recorded before the sales of any condominium units.

The processing of subdivision plats for condominium developments shall follow the procedures set forth in this Code for the processing of land subdivision plats. All sections of these regulations shall be applicable to condominium subdivisions.

a. A tentative tract map for a condominium development shall be prepared and submitted to the City, in accordance with the subdivision regulations and land divisions of this Code.

b. All condominiums and condominium conversions shall be developed in accordance with applicable requirements set forth in the International Plumbing Code and National Electrical Code adopted by the City.

c. All existing buildings and structures shall be made to comply with all applicable building regulations of the City.

d. Utility systems shall exist or shall be constructed to adequately provide for utility services to all condominium units.

e. Each existing tenant of the project shall be given a 120-day notification of the intended condominium conversion and the right to purchase their converted unit before the unit is offered for sale.

a. Copies of the condominium documents shall be submitted to the City. These documents shall set forth the occupancy and management policies for the project, as well as contain adequate and satisfactory provisions for maintenance, repair and general upkeep.

b. A minimum area of 400 square feet per unit of outdoor area shall be provided in all residential condominium projects, excluding parking, carports, service areas, mechanical equipment areas, dumpsters, and similar areas. A maximum of 400 square feet of patio space per unit may be included in the satisfaction of this condition.

E. Reversion to Acreage

Any subdivided lands may revert to acreage upon approval by the Council according to this section.

Figure 8-10 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of applications for reversion to acreage. Additions or modifications to the common review procedures are noted below.

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

The application for reversion to acreage shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

The applicant shall prepare and implement a Citizen Participation Plan pursuant to Section 8.3.D, Citizen Review Process.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The application shall be scheduled for public hearings before the Planning and Zoning Commission and City Council noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

All common procedures in Section 8.3.G, Review and Decision, shall apply, with the following modifications:

The Commission shall conduct a properly noticed public hearing. Upon completion of the hearing, the Commission shall recommend that the Council approve, approve in modified form, or deny the application, based on the findings in Section 8.5.E(3), Reversion to Acreage Findings.

The Council shall conduct a properly noticed public hearing. Upon completion of this hearing, the Council shall approve, approve in modified form, or deny the application. Any action to approve shall be based on all of the findings in Section 8.5.E(3), Reversion to Acreage Findings.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modification:

The applicant shall record with the County Recorder a survey of all lands approved for reversion to acreage prepared by a surveyor or engineer licensed by the state of Arizona and a copy of the abandonment of subdivision filed with the Arizona Department of Real Estate.

Any action to recommend approval shall be based on all of the following findings:

a. That the subdivided lands to revert to acreage are under one ownership entity;

b. That the subdivided lands are under the same zoning classification;

c. That no immediate use of such subdivided lands as they were intended appears imminent;

d. That such reversion to acreage will not be detrimental to the general welfare of the public; and

e. That the reversion to acreage will not create a nonconformity with the underlying zoning designation.

A. Rezoning (Zoning Map Amendment)

a. The purpose of the rezoning procedure is to make amendments to the Official Zoning Map of the City of Sedona to reflect changes in public policy, adopted plans, or changed conditions. The zoning classification of any parcel in the City may be amended using this procedure. The purpose is neither to relieve particular hardships nor to confer special privileges or rights on any person. Rezonings should not be used when a conditional use permit, variance, or minor modification could be used to achieve a similar result.

b. Changes to the characteristics of zoning districts (such as setback requirements) and development standards (such as parking requirements) shall be processed as Code text amendments pursuant to Section 8.6.C, Code Text Amendment.

Pursuant to A.R.S. § 9-462.01, the provisions of the Zoning Map may periodically be amended or repealed.

The application submittal and review procedure for rezonings, excluding those to a historic district or to a planned development district, is set forth in Section 8.6.A(3) below.

The application and review process for a rezoning to a historic district shall be the same as for general rezonings as set forth in this Section 8.6.A, Rezoning (Zoning Map Amendment), with modifications as set forth in Section 8.7.C, Historic District Designation.

The application and review process for a rezoning to a planned development district is in Section 8.6.B, Rezoning to Planned Development District.

A lodging density rezoning is required for any request to increase the number of lodging units in excess of the number allowed by right in a Lodging District or by an approved development agreement. The application and review process for a lodging density rezoning shall be the same as for general rezonings as set forth in this Section 8.6.A, Rezoning (Zoning Map Amendment), including the criteria applicable for conditional rezoning approval.

In order to mitigate the negative impact of the applicant’s proposed use on the citizens of Sedona and surrounding properties and to ensure compatibility with adjacent land uses, the Planning and Zoning Commission may recommend and the Council may approve a rezoning conditioned upon one or more of the following:

1. Development in accordance with a specific schedule for the development of specific improvements or uses for which zoning is requested;

2. Development in accordance with a specific site plan or a site plan to be subsequently approved under this Code;

3. Modifications in the otherwise applicable lot coverage, building height, or density;

4. Public dedication of rights-of-way for streets, alleys, public ways, drainage, public utilities and the installation of improvements that are reasonably required by or directly related to the effect of the rezoning; and/or

5. Other conditions reasonably calculated to mitigate the impact of the proposed development.

Figure 8-11 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of rezoning applications. Additions or modifications to the common review procedures are noted below.

Figure 8-11: Rezoning (Zoning Map Amendment)

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

The rezoning application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling, with the following modifications:

Requests to amend the Zoning Map may be initiated by the Director, Commission, Council, a real property owner, or the owner’s agent in the area to be included in the proposed amendment.

If an application includes property not owned by the applicant, before the application will be accepted for processing, the applicant shall file, on a form provided by the Director, a petition in favor of the request signed by the real property owners of at least 75 percent of the land area to be included in the application. This petition shall bear the property owner’s signatures and addresses, the legal description and land area of each property represented on the petition, the total land area represented on the petition, the total land area represented by the petition, and the total land area of individual properties included in the application.

The applicant shall prepare and implement a Citizen Participation Plan pursuant to Section 8.3.D, Citizen Review Process.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The rezoning application shall be scheduled and noticed for public hearings before the Planning and Zoning Commission and City Council in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings, with the following modifications:

1. In a proceeding involving a rezoning that abuts unincorporated areas of the county, copies of the notice of public hearing shall be transmitted by the City to the planning agency of the governmental unit abutting such land.

2. The notice of any change in a residential district shall contain specific information about whether the change applied for will increase, leave unchanged, or decrease the number of dwelling units permitted in the area in question.

3. Additional notice shall be provided for rezoning applications that involve one or more of the changes listed below. For such applications, the City shall publish the changes before the first hearing on such changes in a newspaper of general circulation. The changes shall be published in a “display ad” covering not less than one-eighth of a full page.

i. A 10 percent or more increase or decrease in the number of square feet or units that may be developed;

ii. A 10 percent or more increase or reduction in the allowable height of buildings;

iii. An increase or reduction in the allowable number of stories of buildings;

iv. A 10 percent or more increase or decrease in setback or open space requirements; and/or

v. An increase or reduction in permitted uses.

All common procedures in Section 8.3.G, Review and Decision, shall apply, with the following modifications:

The Planning and Zoning Commission shall review the rezoning application and recommend approval, approval with conditions, or denial, based on the approval criteria in Section 8.3.E(5), Approval Criteria Applicable to All Development, Subdivision and Rezoning Applications.

The City Council shall review the rezoning application and approve, approve with conditions, or deny the rezoning based on the approval criteria in Section 8.3.E(5), Approval Criteria Applicable to All Development, Subdivision and Rezoning Applications.

Legal protests of a rezoning shall follow the procedures in A.R.S. § 9-462.04(H).

i. When a rezoning is subject to condition(s), the official Zoning Map shall include a notation that the zoning is conditional and the number of the rezoning application file where the conditions are set forth.

ii. Any condition imposed by the City Council shall be set forth in the ordinance changing the zoning district classification.

iii. Any proposed revisions or changes to an approved conditional rezoning application shall be submitted in the same manner and subject to the same approval process as the original application.

If a rezoning decision with conditions attached expires and the property has not been improved for the use for which it was conditionally approved, the City 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. [Res. 2019-19 Exh. A, 10-8-19].

B. Rezoning to Planned Development District

The zoning classification of any parcel may be changed to a Planned Development (PD) district pursuant to this subsection. The purpose of a rezoning to a PD is to achieve greater flexibility than allowed by the strict application of the Code while providing greater benefit to the City and to ensure efficient provision of services and utilities. The PD procedure shall not be used when a conditional use permit, variance, minor modification, or rezoning to an existing base zoning district could achieve a similar result.

a. The approval of a PD constitutes a zoning district amendment and is established by rezoning an area in an existing zone district to PD zoning, or by initial zoning of newly annexed territory to PD zoning. The approved PD establishes the location and character of the uses and the unified development of the tract(s).

b. An application to rezone to a PD district may be submitted for any contiguous area of one acre or more within any combination of zoning districts. A PD may be initiated by anyone owning at least 50 percent of the land within the area affected by the proposed PD.

Figure 8-12 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of PD rezoning applications. Additions or modifications to the common review procedures are noted below.

Figure 8-12: Rezoning to Planned Development District

1. A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting. In addition, the applicant shall provide the following conceptual materials related to the proposed PD to help determine whether or not a PD is the appropriate procedure for the applicant and the City:

i. Proposed uses;

ii. Number and type of dwelling or commercial units (as applicable);

iii. Floor area of all buildings;

iv. Floor area of each use for mixed-use buildings (if applicable);

v. Proposed parking capacity and configuration; and

vi. General site planning layout and phasing.

2. Depending on the size and scale of the development proposal, the Director may recommend or require a preliminary conceptual review hearing with the Planning and Zoning Commission. Such hearing shall be scheduled as a public hearing before the Commission and shall be noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

The PD rezoning application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling, with the following modifications.

An application for rezoning to a PD shall include submittal requirements as specified by the Director, which shall include a PD plan. Approval of the PD plan is required prior to approval of a development permit in a PD district.

The submittal requirements and specifications for the PD plan shall be established in the Administrative Manual.

The applicant shall prepare and implement a Citizen Participation Plan pursuant to Section 8.3.D, Citizen Review Process.

The Director shall review the PD rezoning application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The PD rezoning application shall be scheduled for public hearings before the Planning and Zoning Commission and City Council noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings, with the following modifications:

3. Additional notice shall be provided for rezoning applications that involve one or more of the changes listed below. For such proceedings, the City shall publish the changes before the first hearing on such changes in a newspaper of general circulation. The changes shall be published in a “display ad” covering not less than one-eighth of a full page.

i. A 10 percent or more increase or decrease in the number of square feet or units that may be developed;

ii. A 10 percent or more increase or reduction in the allowable height of buildings;

iii. An increase or reduction in the allowable number of stories of buildings;

iv. A 10 percent or more increase or decrease in setback or open space requirements; and/or

v. An increase or reduction in permitted uses.

All common procedures in Section 8.3.G, Review and Decision, shall apply, with the following modifications:

The Planning and Zoning Commission shall review the PD rezoning application and recommend approval, approval with conditions, or denial, based on the approval criteria in Section 8.6.B(4), Approval Criteria for PD Rezonings.

The City Council shall review the PD rezoning application and approve, approve with conditions, or deny the rezoning based on the approval criteria in Section 8.6.B(4), Approval Criteria for PD Rezonings.

The approved PD zoning and the approved PD plan along with all exhibits are inseparable, and a PD shall not be established without the approval of the related PD plan.

Legal protests of a rezoning shall follow the procedures in A.R.S. § 9-462.04(H).

Post-decision actions and limitations in Section 8.3.H shall apply with the following modifications:

i. The regulations in this Code remain applicable to all PD development unless expressly modified by an approved PD.

ii. A PD shall remain valid until a PD is subsequently amended or rezoned to another zoning district in accordance with this Code.

If a PD rezoning decision expires and the property has not been improved for the use for which it was conditionally approved, the City 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.

Following approval of a PD, the applicant shall submit final copies of the PD plans to the Director. The Director shall record the PD and the zoning amendment map and ordinance with the County Clerk and Recorder as soon as practicable.

i. Except as provided below for minor amendments, any amendment to an approved PD plan shall be considered a major amendment and shall require a rezoning following the same procedure as required for a new application in Section 8.6.B(3), Application Submittal and Review Procedure.

ii. Any amendment to an approved PD plan that meets the following criteria shall be considered a minor amendment and may be approved by the Director:

a. The amendment shall not change the ratio of residential units to square feet of nonresidential building square footage by more than 10 percent.

b. The number of residential units shall not be increased or decreased by more than 10 percent.

c. The gross square footage of nonresidential building area shall not be increased by more than 10 percent, or 2,000 square feet, whichever is less.

d. The amendment shall not change the allowed uses listed in the approved PD plan.

e. The number or location of vehicular access points shall not be changed in a way that negatively impacts public safety or the flow of traffic onto public streets.

f. The numeric standards in the PD plan shall not be revised by more than would be allowed through the procedure in Section 8.8.B, Minor Modification.

g. No prior minor amendments have been approved.

h. The number of lodging units shall not be changed.

In reviewing a proposed PD rezoning, the Planning Commission and City Council shall consider whether and to what extent the proposed PD:

a. Meets the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to All Development, Subdivision and Rezoning Applications;

b. Addresses a unique situation, provides substantial benefit to the City, or incorporates innovative design, layout, or configuration resulting in quality over what could have been accomplished through strict application of a base zoning district or other standards of this Code;

c. Meets all applicable standards of this Code not expressly modified by the PD application; and

d. If the PD provides residential uses, includes varied types of housing and densities. [Ord. 2021-03 § 1, 6-8-21; Res. 2019-19 Exh. A, 10-8-19].

C. Code Text Amendment

This subsection describes the review and approval procedures for amending the text of this Code to respond to changed conditions or changes in public policy, or to advance the general welfare of the City.

Pursuant to A.R.S. § 9-462.01, the provisions of the Code may periodically be amended or repealed. An amendment to the text of this Code shall be initiated by the Director, the Planning Commission, or the City Council.

Figure 8-13 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of proposed code text amendments. Additions or modifications to the common review procedures are noted below.

An application for a Code text amendment shall be prepared by the Director. If the amendment is initiated by the Planning and Zoning Commission or City Council, the Director shall prepare the application at the request of the Planning and Zoning Commission or City Council.

The Director shall prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The application for a Code text amendment shall be scheduled for public hearings before the Planning and Zoning Commission and City Council and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings, with the following modifications:

1. Mailed notice as described in Section 8.3.F(3)a, Published and Mailed Notice, shall not be required for applications to amend the text of this Code.

2. Additional notice shall be provided for proposed Code text amendments that involve one or more of the following changes. For such proceedings, the City shall publish the changes before the first hearing on such changes in a newspaper of general circulation. The changes shall be published in a “display ad” covering not less than one-eighth of a full page.

i. A 10 percent or more increase or decrease in the number of square feet or units that may be developed;

ii. A 10 percent or more increase or reduction in the allowable height of buildings;

iii. An increase or reduction in the allowable number of stories of buildings;

iv. A 10 percent or more increase or decrease in setback or open space requirements; and/or

v. An increase or reduction in permitted uses.

All common procedures in Section 8.3.G, Review and Decision, shall apply, with the following modifications:

The Planning and Zoning Commission shall review the application for a Code text amendment and recommend approval, approval with conditions, or denial, based on the criteria in Section 8.6.C(4), Approval Criteria for Code Text Amendments.

The City Council shall review the application for a Code text amendment and approve, approve with conditions, or deny the text amendment based on the approval criteria in Section 8.6.C(4), Approval Criteria for Code Text Amendments.

Amendments to Section 5.3, Grading and Drainage, shall be considered only by the Council and shall not require a hearing or recommendation from the Planning Commission.

1. Approval of a Code amendment authorizes the approved revision to the text only. A Code amendment shall not authorize specific development activity.

2. A Code amendment shall remain valid until the revised text of the Code is subsequently amended in accordance with this subsection.

A Code amendment is a legislative decision by the City Council. Prior to recommending approval or approving a proposed Code amendment, the Planning Commission and City Council shall consider whether and to what extent the proposed amendment:

a. Is consistent with the Sedona Community Plan, Community Focus Area Plans, other adopted plans, and other City policies;

b. Does not conflict with other provisions of this Code or other provisions in the Sedona Municipal Code;

c. Is necessary to address a demonstrated community need;

d. Is necessary to respond to substantial changes in conditions and/or policy; and

e. Is consistent with the general purpose and intent of this Code.

A. Historic Preservation-Related Definitions

Definitions specific to the administration, interpretation, and enforcement of this section are in Section 9.5, Historic Preservation Definitions.

B. Historic Landmark Designation

This section establishes the procedure for the Historic Preservation Commission to designate as a landmark an entire property, an identified portion of a property, or one or more individual structures on a property.

Figure 8-14 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of applications for landmark designation. Additions or modifications to the common review procedures are noted below.

Figure 8-14: Historic Landmark Designation

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

The application for landmark designation shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

The applicant shall prepare and implement a Citizen Participation Plan pursuant to Section 8.3.D, Citizen Review Process.

The Director shall review the application for landmark designation and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action, with the following modification:

Upon acceptance of a complete application, no building or demolition permits affecting the proposed landmark shall be issued by the City until the process as described herein has been completed and the Commission has made its decision.

The application for landmark designation shall be scheduled for a public hearing before the Historic Preservation Commission and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

The Commission shall review the application and shall approve, approve with conditions, or deny the application in accordance with Section 8.3.G, Review and Decision, based on the criteria in Section 8.7.B(3), Landmark Designation Criteria.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modifications:

The procedure to remove a landmark status to a property shall be the same as the procedure to designate. However, in the case of removal of a landmark designation, the Commission may initiate the application.

i. The Commission shall consider and make findings for removal of landmark status and removal from the City of Sedona’s Historic Resource Register. The removal of any designated historic resource shall be granted only if the Commission finds that the historic resource no longer conforms to any of the criteria as set forth in Section 8.7.B(3), Landmark Designation Criteria, or any one or more of the following:

a. That the historic resource has been destroyed or demolished by natural disaster, accident or fire;

b. That the historic resource has diminished historic significance or value upon a showing of clear and convincing evidence, including that this diminution is not the result of deterioration by neglect or work performed without a permit;

c. That the historic resource cannot be restored, rehabilitated, stabilized or renovated for any use permitted in the zone in which it is located without causing an economic hardship disproportionate to the historic value of the property substantiated by clear and convincing evidence. Proof of economic hardship shall require a showing that the cost of stabilization of the historic fabric of the property exceeds the appraised value as determined by a qualified appraiser of the historic improvements on the site.

ii. If the removal of landmark designation from the National Register is initiated by the Commission, the Commission must prove the grounds for removal of a landmark designation meet the criteria for removing properties from the National Register as set forth by the United States Department of the Interior.

i. Upon approval of a landmark designation, the affected property shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation.

ii. No person shall carry out any exterior alteration, restoration, renovation, reconstruction, new construction, demolition, or removal, in whole or in part, on any landmark, without first obtaining a Certificate of Appropriateness from the Commission pursuant to Section 8.7.E, Certificate of Appropriateness (or No Effect).

iii. No person shall make any material change in the exterior appearance of any landmark or contributing factor, such as its color, materials, light fixtures, signs, sidewalks, fences, walls, landscaping, steps, paving, or other elements which affect the appearance of the historic resource without first obtaining a Certificate of Appropriateness pursuant to Section 8.7.E, Certificate of Appropriateness (or No Effect).

iv. No person shall carry out any demolition, in whole or part, on any landmark, without first obtaining a Certificate of Appropriateness approval from the Commission.

v. Each property designated as a landmark shall be maintained to ensure weather resistance and a secured condition, faithful to its historic character.

vi. Nothing in this section shall be construed to prevent routine maintenance and repair, as defined. Any exterior alteration, restoration, renovation, reconstruction in compliance with the definition of routine repair and maintenance shall be permissible without application and review. Property owners and/or their representatives are encouraged to consult with staff prior to any work being performed to discuss its scope and compliance with the definition of routine maintenance and repair; however, consultation is not required.

The Commission shall evaluate each historic resource within an area that is included in an application and may designate it as a landmark if it is determined to possess integrity of location, design, setting, materials, workmanship, feeling and association; and, being at least 50 years old or having achieved significance within the past 50 years if the property is of exceptional importance; and exhibits one or more of the following:

a. Association with events that have made significant contributions to the broad patterns of our local, state, or national history; or

b. Association with the lives of persons significant in our local, state, or national past; or

c. Embodiment of distinctive characteristics of a type, period or method of construction, or representing the work of a master architect, artist, engineer, or craftsman, or high artistic values or representing a significant and distinguishable entity which individual components may lack distinctiveness; or

d. Information important in the understanding of the pre-history or history of our community or region.

C. Historic District Designation

This section establishes the procedures for the designation of a historic district, which is an overlay zone in which designated properties retain the uses of and are subject to the regulations of the underlying zoning district(s). The underlying zoning, which relates primarily to land use and density, continues to be administered by the Planning and Zoning Commission. The Historic Preservation Commission administers the regulations as they relate to the historic district designation. In the case where historic preservation and zoning regulations conflict, the Historic Preservation Ordinance takes precedence.

A rezoning approval is required in order to receive a historic district designation. The application and review process for a rezoning to a historic district shall be the same as for general rezonings as set forth in Section 8.6.A, Rezoning (Zoning Map Amendment), with the following modifications:

1. If more than one property owner is included in a proposed rezoning to a historic district, written consent of at least 51 percent of the property owners of record within the boundaries of the proposed district shall be submitted with the application.

2. Requests for historic district designations may be initiated by the Historic Preservation Commission, Planning and Zoning Commission, City Council, a property owner, or the agent of a property owner.

1. An application for rezoning to a historic district shall first be submitted to the Historic Preservation Commission.

2. Upon acceptance of complete application for a historic district, no demolition or building permits shall be issued by the City until the process as described in this section has been completed and City Council has made its decision.

1. The Historic Preservation Commission shall hold a public hearing concerning the proposed rezoning, at which time interested parties and citizens shall have the opportunity to be heard. After the public hearing, unless the applicant requests that the application be withdrawn, the Historic Preservation Commission shall make a report and recommendation to the Planning and Zoning Commission.

2. The recommendation shall include the following:

i. A map showing the proposed boundaries of the historic district and identifying all structures within the boundaries, including classification as contributing or noncontributing;

ii. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries;

iii. A set of findings documenting the recommendation of the Historic Preservation Commission;

iv. Proposed design guidelines for applying the criteria for review to future development and redevelopment in the nominated historic district; and

v. The recommendations of the Commission may include reasonable additional conditions and/or modifications to the proposed district property boundaries as deemed necessary to promote the purpose of the district.

3. If an application is withdrawn after the Historic Preservation Commission hearing, the Historic Preservation Commission may refuse to accept another application for the same or substantially the same rezoning on the same property or any part of it within a year of the date the original application was filed on the same property or a portion of it.

The Planning and Zoning Commission shall hold a public hearing to consider the Historic Preservation Commission’s recommendations. Following conclusion of its public hearing, the Planning and Zoning Commission shall transmit its recommendation to the City Council.

Following conclusion of its public hearing, the Council may approve the historic district as recommended or in a modified form, stipulating those conditions it deems necessary to carry out the purpose of this district and this Code.

The supporting statements, design guidelines, and all other documents submitted with the application for a historic district shall be approved and adopted by the Council and included in the ordinance establishing the historic district.

1. Upon approval of a historic district designation by the City Council, the affected property(ies) shall be included in the Historic Property Register and on any other applicable documents as appropriate for its preservation. The City’s Zoning Map shall be updated to reflect the new zoning district boundaries. The City’s parcel information database shall be updated to include those properties identified within the historic district as contributing and noncontributing.

2. No person shall carry out any exterior alteration, restoration, renovation, reconstruction, new construction, demolition, or removal, in whole or in part, without first obtaining a Certificate of Appropriateness from the Commission pursuant to Section 8.7.E.

3. No person shall make any material change in the exterior appearance of a designated property, its color, materials, light fixtures, signs, sidewalks, fences, steps, paving, or other elements which affect the appearance of the property without first obtaining a Certificate of Appropriateness pursuant to Section 8.7.E.

4. Each property designated as a contributing property shall be maintained in good condition and faithful to its historic character.

5. Nothing in this article shall be construed to prevent normal maintenance and repair which does not involve change in exterior design, material, color, or appearance.

6. In addition to any other required review and/or approval, any proposed construction within a historic district shall also be subject to Commission review according to any design guidelines which may have been applied to that district and other applicable criteria.

Each structure, site, building, landscape, or property within an area that is included in a historic district rezoning application shall be evaluated and may be designated a historic district if it is determined to possess integrity of location, design, settings, materials, workmanship, feeling and association; and be at least 50 years old or having achieved significance within the past 50 years if the property is of exceptional importance; and exhibits one or more of the following:

a. Association with events that have made significant contributions to the broad patterns of our local, state, or national history;

b. Association with the lives of persons significant in our local, state, or national past;

c. Embodiment of distinctive characteristics of a type, period, or method of construction, or representing the work of a master architect, artist, engineer or craftsman, or high artistic values or representative of a significant and distinguishable property or person whose individual components may lack distinctions; and

d. Information important in the understanding of the pre-history or history of the community or region.

D. Economic Hardship

(1) An application for demolition or removal of a landmark or property within a historic district may, if appropriate, be accompanied by a request for relief from economic hardship.

(2) Before granting such request, the Commission shall study the historic or cultural value of the property and shall review options including incentives to the owner for restoration or recommendation to Council that the City purchase the property.

(3) Separate standards and application requirements may be established by the City for granting economic hardship relief for income-producing properties and for nonincome-producing properties.

Economic hardship relief may be granted if the applicant satisfactorily demonstrates that a reasonable rate of return cannot be obtained from a property which retains features which contribute to its distinctive appearance and character, either in its present condition or if rehabilitated, either by the current owner or a potential buyer. Economic hardship relief shall not be granted due to any of the following circumstances: willful destructive acts committed or caused by the owner or tenants; purchase of the property for substantially more than its fair market value; failure to perform normal maintenance and repair; or failure to diligently solicit and retain tenants or provide normal tenant improvements.

Economic hardship relief may be granted if the applicant satisfactorily demonstrates that the property has no reasonable use as a single-family dwelling or for institutional use, either in its present condition or if rehabilitated, either by the current owner or a potential buyer. Economic hardship relief shall not be granted due to any of the following circumstances: willful destructive acts committed or caused by the owner; purchase of the property for substantially more than its fair market value; failure to perform normal maintenance and repair; or failure to diligently solicit and retain tenants or provide normal tenant improvements.

E. Certificate of Appropriateness (or No Effect)

It is the intent of this process to ensure, insofar as possible, that properties designated as a landmark or a property within a historic district shall be in harmony with the architectural and historical character of the property or district.

A Certificate of Appropriateness is required before commencing any exterior improvements or development, including alteration, restoration, renovation, reconstruction, new construction, demolition, or removal, in whole or in part, of any landmark or property located within a historic district, whether or not the work will require a building permit. Building permits for exterior work on landmarks or properties within historic districts cannot be issued without first obtaining a Certificate of Appropriateness.

Requests for exterior improvements, including alterations, restoration, renovation, reconstruction, or new construction for exterior work on landmarks that are deemed to be of “no effect” by the Chairperson and Director may be eligible for a certificate of no effect, which can be issued administratively using the procedure below.

If a building permit is sought from the City without a Certificate of Appropriateness or certificate of no effect, the issuance of the permit shall be deferred until after a Certificate of Appropriateness or certificate of no effect is issued for the subject property.

Figure 8-15 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of applications for certificates of appropriateness (or no effect). Additions or modifications to the common review procedures are noted below.

Figure 8-15: Certificate of Appropriateness (or No Effect)

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

The application for a Certificate of Appropriateness shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

The Director shall review the application for a Certificate of Appropriateness and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action, with the following addition:

If an application qualifies for a certificate of no effect, the Director shall contact the Chairperson of the Historic Preservation Commission to review the application and confirm qualification of the application. If an application is found to qualify for a certificate of no effect, the Director shall issue a certificate of no effect within seven working days of receipt of the complete application.

If the Director determines that the proposed changes would require a Certificate of Appropriateness, the application shall be scheduled for a public hearing before the Historic Preservation Commission and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

The Commission shall review the application and shall approve, approve with conditions, or deny the application in accordance with Section 8.3.G, Review and Decision, based on the specific criteria in Section 8.7.E(4), Certificate of Appropriateness Approval Criteria.

The Commission may utilize the following documents and criteria as guidelines when considering an application for a Certificate of Appropriateness:

i. Approved design guidelines for a designated historic district;

ii. Secretary of the Interior’s Standards for Rehabilitation;

iii. Secretary of the Interior’s Preservation Briefs and other information developed by U.S. Department of the Interior Park Service, Arizona Historic Preservation Office, National Trust for Historic Preservation, National Alliance of Preservation Commissions, Association of Preservation Technology, and the Old House Journal; and

iv. Any other guidelines as adopted by the City.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modifications:

1. No change shall be made in the approved plans of a project after issuance of a Certificate of Appropriateness without resubmittal to the Director and approval of the change at an administrative level, if that change is determined to be of no significant impact on the original proposed work set forth in the application. If the change is determined to have a significant impact on the original proposed work, the Director shall schedule a public hearing before the Commission in the same manner as the original Certificate of Appropriateness consideration.

2. A Certificate of Appropriateness (or no effect) expires six months from the date of issuance unless work is started within that time.

3. If work exceeds that specified in the Certificate of Appropriateness (or no effect), the certificate shall be revoked.

4. The Certificate of Appropriateness (or no effect) required by this section shall be in addition to any other permit(s) or review required for the proposed project.

It is the intent of this article to ensure, insofar as possible, that a historic resource designated as a landmark within an historic district shall be in harmony with and complementary to the architectural and historical character of the historic resource or district. When reviewing an application for a Certificate of Appropriateness, the Commission may approve, conditionally approve, or deny a Certificate of Appropriateness based on the following:

a. Any proposed new construction shall be distinguishable from the historic architecture; and

b. The proposed work does not detrimentally alter, destroy or adversely affect any architectural or landscape feature; and

c. The proposed work will be compatible with the relevant historic, cultural, educational or architectural qualities characteristic of the structure or district and shall include but not be limited to materials and elements of size, scale, massing, proportions, orientation, surface textures and patterns, details and embellishments and the relationship of these elements to one another; and

d. The proposed work conforms with review guidelines and/or other applicable criteria; and

e. The exterior of any new improvement, building, or structure in a designated historic district or upon a landmarked site will not adversely affect and will be compatible with the external appearance of existing designated buildings and structures on the site or within a historic district.

F. Demolition of Historic Resource

No person, firm, corporation, or other entity shall demolish a landmark or contributing property within a historic district or cause or allow such demolition to be done, nor shall any permit for such demolition be issued, unless the demolition is approved by the Commission and a Certificate of Appropriateness is issued.

a. A landmark or contributing property may be demolished if:

1. The Chief Building Official has determined that an imminent safety hazard exists and that demolition of the structure is the only feasible means to secure the public safety; or

2. The Commission finds, after review, that maintenance, use and/or alteration of the designated property in accordance with the requirements of this article would cause immediate and substantial economic hardship on the property owner(s) because rehabilitation in a manner which preserves the historic integrity of the resource:

i. Is infeasible from a technical, mechanical, or structural standpoint; and/or

ii. Would leave the property with no reasonable economic value because it would require an unreasonable expenditure taking into account such factors as current market value, permitted uses of the property, and the cost of compliance with applicable local, state and federal requirements.

Costs necessitated by the neglect or failure of the current owner(s) to maintain the property need not be considered in making this finding; or

3. The Commission finds that the demolition of a contributing property would not have a substantial adverse impact on the historic significance or integrity of a historic district.

b. The applicant shall bear the burden of proof for all findings required for approval of a Certificate of Appropriateness for demolition.

If demolition is approved, the property owner(s) may be required to publish notice at least 10 days prior to the scheduled demolition date, in a newspaper of general circulation, of the availability of materials for salvage. Upon request, the Commission may make this information available to persons who may be interested in contacting the owner(s) to arrange for possible salvage of historic building materials.

Applications for permits for the demolition of buildings that are in part (original structure with later additions) or in their entirety 50 or more years old must include architectural documentation to provide a permanent record of buildings of historical significance before their loss. Demolition applications are available from the Community Development Department.

These regulations apply to all demolition permit requests involving buildings that are in part or in their entirety 50 or more years old, but are not individually listed on the National Register of Historic Places; and do not meet the eligibility criteria for the National Register of Historic Places or Designation as a Landmark in Sedona. Documentation is not required if the demolition will be limited to an addition that is less than 50 years old, for accessory buildings such as sheds, and mobile or manufactured homes regardless of age.

The applicant must submit documentation in conjunction with a demolition permit application submittal. The documentation will be reviewed and found complete pursuant to this article prior to issuance of a demolition permit.

1. Prior to the submittal of a demolition permit application, the applicant may meet with the Director. At that time, the Director will determine whether the application requires documentation.

2. At the time of submittal, the applicant must submit the demolition permit application and all required architectural documentation to the Community Development Department.

3. The Director shall review the submitted architectural documentation and approve the materials for completeness. The Director determines and informs the applicant that the required architectural documentation is complete, or of any additional documentation which is required within five working days of the submittal date.

4. If the Director determines that the required architectural documentation is complete, then a demolition permit application may be processed. The applicant must demonstrate compliance with all provisions of the LDC before a demolition permit will be issued.

1. Current photographs of the front, rear and sides of the building to be completely or partially demolished; and

2. Copies of old photographs of the building to be completely or partially demolished (taken at least 20 years prior to the demolition application), if in the possession of the applicant; and

3. A list of any important historical events or historically significant persons related to the building to be demolished, if known to the applicant.

1. Floor plans with measured dimensions; and

2. Photographs of all interior rooms; and

3. A “context photograph” illustrating the relationship between the building to be completely or partially demolished and the nearest adjacent buildings; and

4. A general description of construction materials, such as exterior walls, roofing, windows, porches, and carports of the building to be demolished.

Upon approval of the demolition permit, the Director shall retain the architectural documentation as a record of a lost historic resource.

G. Maintenance and Repair

(1) Each historic resource designated as a landmark, and historic resources designated as contributing properties within a historic district, shall be properly maintained in weather-resistant, secure condition and faithful to its historic appearance and character.

(2) Nothing in this article shall be construed to prevent normal maintenance and repair of any exterior feature of any historic resource designated as a landmark or contributing property within a historic district, which does not involve change in design, material, color, or exterior appearance. The Commission shall not consider the interior arrangements or alterations to the interior of a building, unless designation specifically includes the interior or a portion thereof.

(3) All exterior maintenance and repair not deemed to be routine maintenance and repair as defined herein, requires an application for determination of a Certificate of Appropriateness or Certificate of No Effect. Repairs that involve change in exterior appearance may be determined by the Director and Chairperson to have no significant impact on historic appearance and character, and thereby qualify for a Certificate of No Effect.

A. Variance

The variance procedure is intended to provide limited relief from the requirements of this Code where strict application of the Code would result in exceptional practical difficulty or undue hardship preventing the use of the land as otherwise allowed by the Code. The variance procedure is not intended to allow a use in a zoning district where it is not currently permitted, or to alleviate inconveniences or financial burdens imposed on landowners.

a. Any property owner seeking relief from this Code may request a variance when the strict application of the Code would result in an undue hardship.

b. Variances may be granted from the regulations of all articles of this Code, with the exception of Section 5.3, Grading and Drainage, and Article 7: Subdivision.

Figure 8-16 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of variances. Additions or modifications to the common review procedures are noted below.

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

The variance application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling. A single application may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two or more adjacent sites with similar characteristics.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The variance application shall be scheduled for a public hearing before the Board of Adjustment and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

1. The Board shall hold a public hearing on an application for a variance. At a public hearing, the Board shall review the application, statements and drawings submitted and shall receive public comments and pertinent evidence concerning the variance, particularly with respect to the findings in Section 8.8.A(4).

2. Within 21 days following the close of the public hearing on a variance application, the Board shall act on the application.

i. The Board may grant a variance as the variance was applied for or in a modified form or the application may be denied.

ii. A variance may be revocable, may be granted for a limited time period, or may be granted subject to conditions the Board may prescribe.

iii. Upon failure to act within the prescribed 21-day period, the Board shall lose jurisdiction and the request shall be deemed denied. An appeal may be taken to the Superior Court, as prescribed by state law.

iv. Any proposed revisions or changes to an approved variance application shall be submitted in the same manner and subject to the same approval process as the original review.

3. The Board’s decision shall be based only on the record of the public hearing and shall be reduced to writing; include findings of fact based on competent, material, and substantial evidence presented at the hearing; reflect the determination of contested facts; and state how the findings support compliance with applicable review standards.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modification:

A variance permit shall expire and may be considered for revocation following one year of inactivity, as defined in Section 8.3.H(3), Expiration and Revocation of Approval.

The Board of Adjustment may approve a variance upon making all of the following findings:

a. The variance requested does not constitute a special privilege inconsistent with limitations on other properties classified in the same zoning district.

b. The strict application of the Code standards for which a variance is sought would produce undue hardship not related to purposes of convenience or financial burden.

c. The applicant did not create the hardship by their own actions.

d. The variance requested does not harm the public and does not impair the intent or purposes of this Code, goals, and policies, including the specific regulation for which the variance is sought.

e. The variance request will not violate building or fire code requirements or create a safety hazard.

f. The requested variance is the minimum relief necessary from the subject standards of the Code.

g. The variance is warranted for one or more of the following reasons:

1. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district.

2. The variance furthers the goals of the Sedona Community Plan and/or other adopted plans.

3. The subject property has an exceptional shape, topography, building configuration or other exceptional site condition that is not a general condition throughout the zoning district.

4. The variance is of a technical nature and is required to protect a sensitive resource, natural feature, or community asset. [Ord. 2020-04 § 1, 9-8-20 (Res. 2020-16)].

B. Minor Modification

The minor modification procedure is intended to allow relatively small adjustments or deviations from the dimensional or numeric standards of this Code where strict application of the Code would result in practical difficulty or undue hardship preventing the use of the land as otherwise allowed by the Code. Minor modifications are intended to provide greater flexibility when necessary, without requiring a formal zoning amendment or variance. The minor modification procedure is not a waiver of current standards of this Code and shall not be used to circumvent the variance procedure.

All available incentives and allowances in this Code shall be used before a minor modification may be considered, including but not limited to the exceptions in Section 2.24, Measurements and Exceptions. (For example, an applicant shall apply all available alternate standards for increased height before applying for a minor modification for increased height.)

An application for a minor modification that is not related to a request for “reasonable accommodation” under the Federal Fair Housing Act or the Religious Land Use and Institutionalized Persons Act may request only the types of adjustments shown in Table 8.3.

Code Standard	Allowable Modification (maximum percentage)
Site Standards
Lot area, minimum	10
Lot coverage, maximum	10
Block length, minimum or maximum	10
Lot Dimensional Standards
Front setback, minimum	25
Side setback, minimum	25
Rear setback, minimum	25
Encroachment into setback pursuant to Table 2.6, maximum	10
Building Standards
Building height, maximum	10
Accessory building height, maximum	10
Projection into height requirement pursuant to Table 2.7, maximum	10
Development Standards
Number of required parking spaces, maximum or minimum	10
Lighting height, maximum	10
Sign height, maximum	10
Fence or wall height, maximum	25 (1-foot maximum) (up to 8 feet for commercial use to address grade changes or other site-specific issues)
Minimum landscaping requirements	10

1. In response to a written application identifying the type of housing being provided and the portions of the Federal Fair Housing Act that require that reasonable accommodations be made for such housing, the Director is authorized to take any of the following actions in order to provide reasonable accommodations without the need for a rezoning or variance:

i. Modify any facility spacing, building setback, height, lot coverage, or landscaping requirement by no more than 10 percent; or

ii. Reduce any off-street parking requirement by no more than one space.

2. The Director may approve a type of reasonable accommodation different from that requested by the applicant if the Director concludes that a different form of accommodation would satisfy the requirements of the Federal Fair Housing Act with fewer impacts on adjacent areas. The decision of the Director shall be accompanied by written findings of fact as to the applicability of the Fair Housing Act, the need for reasonable accommodations, and the authority for any reasonable accommodations approved. Requests for types of accommodation that are not listed above may only be approved through a variance or rezoning process.

The Director may grant minor modifications in order to eliminate a substantial burden on religious exercise as guaranteed by the Federal Religious Land Use and Institutionalized Persons Act of 2000, as amended. In no circumstance shall the Director approve a modification that allows a religious assembly use, or any uses, structures, or activities accessory to it, in a zoning district where this Code prohibits such use or accessory use, structure, or activity.

a. Except when requested as a reasonable accommodation for FFHA or RLUIPA purposes, a request for a minor modification shall not be used to further modify a development standard that, as applied to the subject property, already qualifies as an exception to, or modification of, a generally applicable development standard required under Article 5: Development Standards.

b. The minor modification procedure shall not apply to any proposed modification or deviation that results in:

1. An increase in the overall project density;

2. A change in permitted uses or mix of uses;

3. A deviation from building or fire codes;

4. A deviation from engineering standards;

5. Requirements for public roadways, utilities, or other public infrastructure or facilities; or

6. A change to a development standard where that same standard was already modified through a separate minor modification or variance.

1. An application for a minor modification shall only be submitted and reviewed concurrently with an application for a conditional use permit, temporary use permit, development review approval (minor or major), single-family residential review, or plat approval (minor, preliminary, final, or condominium). Each Code standard in Table 8.3 shall be considered a separate minor modification request as it relates to the approval criteria in Section 8.8.B(5), but multiple modifications may be considered in one minor modification application.

2. A minimum of 15 days prior to a decision on a proposed minor modification, the owners of all properties within 100 feet of the exterior boundaries of the subject property shall be notified by first class mail.

1. Where the concurrently reviewed application requires review and approval by the Director, the Director shall review the application and shall approve, approve with conditions, or deny the modification based on the criteria in Section 8.8.B(5).

2. Where the concurrently reviewed application requires review and approval by the Planning and Zoning Commission or City Council, the Commission or Council, as applicable, shall review and decide the minor modification application based on the criteria in Section 8.8.B(5).

Approval of a minor modification authorizes only the particular adjustment of standards approved, and only to the subject property of the application.

A minor modification shall automatically expire if the associated development application is denied or if approval of the concurrently reviewed application expires, is revoked, or otherwise deemed invalid.

A minor modification may be approved if the decision-making body finds that the modification:

a. The minor modification requested does not constitute a special privilege inconsistent with limitations on other properties classified in the same zoning district.

b. The strict application of the Code standards for which a minor modification is sought would produce undue hardship not related to purposes of convenience or financial burden.

c. The applicant did not create the hardship by their own actions.

d. The minor modification requested does not harm the public and does not impair the intent or purposes of this Code, goals, and policies, including the specific regulation for which the minor modification is sought.

e. The minor modification request will not violate building or fire code requirements or create a safety hazard.

f. The requested minor modification is the minimum relief necessary from the subject standards of the Code.

g. The minor modification is warranted for one or more of the following reasons:

1. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district.

2. The minor modification furthers the goals of the Sedona Community Plan and/or other adopted plans.

3. The subject property has an exceptional shape, topography, building configuration or other exceptional site condition that is not a general condition throughout the zoning district.

4. The minor modification is of a technical nature and is required to protect a sensitive resource, natural feature, or community asset. [Ord. 2021-03 § 1, 6-8-21; Ord. 2020-04 § 1, 9-8-20 (Res. 2020-16)].

C. CFA Alternative Standards Request

The purpose of the CFA Alternative Standards Request is to authorize administrative review and approval of alternatives to certain standards of this Code in order to encourage and expedite the implementation of adopted Community Focus Area (CFA) plans.

Any applicant proposing development activity within an adopted CFA planning area may submit a request to modify certain standards of this Code as follows:

1. The Director may authorize alternatives to the following dimensional standards that would otherwise apply in the applicable zoning district(s): maximum net density, maximum floor area ratio, maximum lot coverage, maximum structure height, and/or setbacks, provided such alternatives are supported by and consistent with the adopted CFA plan.

2. The Director may also authorize alternatives to the development standards in Article 5: Development Standards, provided the proposed alternatives are supported by and consistent with the adopted CFA plan and meet the intent of the respective standards in Article 5.

3. The Director may authorize the development of accessory uses that are not otherwise allowed in the underlying zoning district(s) but that are supported by and consistent with the goals and standards of the adopted CFA plan. In providing such authorization, the Director may establish use-specific standards applicable to such accessory uses beyond those set forth in Section 3.3, Use-Specific Standards.

1. The application of CFA Alternative standards authorized by this section shall not be considered where the same standard(s) on the subject property were already modified through a separate minor modification or variance.

2. Modifications to an approved PD plan require a PD plan amendment pursuant to Section 8.6.B(3)g.4, PD Plan Amendments.

1. A request for a CFA Alternative shall be submitted to the Director following a pre-application meeting and before a development application is submitted.

2. A minimum of 15 days prior to a decision on a request for a CFA Alternative, the owners of all properties within 100 feet of the exterior boundaries of the subject property shall be notified by first class mail.

1. The Director shall review the request for a CFA Alternative pursuant to the approval criteria in Section 8.8.C(4) below.

2. The Director shall provide a formal written decision on the requested CFA Alternative to the applicant.

3. Approval of a CFA Alternative shall authorize the applicant to submit an application for a development application that reflects the applicable modified standard(s). The written CFA Alternative decision shall be included with the development application.

In deciding whether to approve a requested CFA Alternative, the Director shall consider the extent to which the proposed alternative is supported by and consistent with the adopted CFA plan.

D. Affordable Housing Alternative Standards Request

The purpose of the Affordable Housing Alternative Standards request is to authorize administrative review and approval of alternatives to certain standards of this Code in order to encourage and expedite affordable housing recommendations of the Sedona Community Plan and the City’s adopted Development Incentives and Guidelines for Affordable Housing (DIGAH).

Any applicant proposing an affordable housing development may submit a request to modify certain standards of this Code in accordance with the DIGAH. As provided in the DIGAH, the Director may authorize modifications to the dimensional standards that would otherwise apply in the applicable zoning district(s).

1. Application of Affordable Housing Alternative Standards authorized by this section shall not be considered where the same standard(s) on the subject property were already modified through a separate minor modification or variance. Application of a separate minor modification or variance shall not be considered where the same standards on the subject property were already modified through the approval of Affordable Housing Alternative Standards.

2. Modifications to an approved PD plan require a PD plan amendment pursuant to subsection 8.6.B(3)g.4, PD Plan Amendments.

1. A request for Affordable Housing Alternative Standards shall be submitted to the Director following a pre-application meeting and before a development application is submitted.

2. A minimum of 15 days prior to a decision on a request for an Affordable Housing Alternative, the owners of all properties within 300 feet of the exterior boundaries of the subject property shall be notified by first class mail.

1. The Director shall review the request for Affordable Housing Alternative Standards and shall provide a formal written decision on the request based on the approval criteria below.

2. Approval of an Affordable Housing Alternative shall authorize the applicant to submit a development application that reflects the applicable modified standard(s). The written Affordable Housing Alternative decision shall be included with the development application.

In deciding whether to approve a requested Affordable Housing Alternative, the Director shall consider the extent to which the proposed alternative addresses the following:

a. The number, size and type of housing units approved; relevant details of the development, including the percentage of units designated as affordable; the degree of affordability including, but not limited to, target population percentage of Area Median Income); the number, bedroom size and location of AHUs and market rate units; timeframe for AHU designation.

b. The City’s purposes and goals as related to affordable housing, as outlined in the Sedona Community Plan, Community Focus Area plans, the Development Incentives and Guidelines for Affordable Housing (DIGAH) and any other applicable plans.

c. The additional employment base created by the proposed development. [Ord. 2020-04 § 1, 9-8-20 (Res. 2020-16)].

E. Appeal

This section has been amended by Ordinance No. 2025-11, which is pending codification.

The appeal procedure establishes an administrative mechanism for persons claiming to have been aggrieved by a decision of the Director, City Engineer, City Commission, or Board in administering this Code to appeal that decision.

1. Appeals concerning discretionary administrative determinations requiring dedications or exactions for the use, improvement, or development of real property, and/or the adoption or amendment of zoning regulations that are alleged to create a taking of property under state law, shall follow the procedure in subsection 8.8.E(4).

2. An appeal of all other decisions of an administrative office, agency, or commission made in the administration or enforcement of this Code shall be made to either the Board of Adjustment or City Council, as indicated in Table 8.1, Summary Table of Review Procedures, and shall follow the procedure in subsection 8.8.E(3).

An appeal of a decision by the City Council or Board of Adjustment shall be made to the Superior Court in accordance with state law.

Figure 8-17 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of appeals. Additions or modifications to the common review procedures are noted below.

The appeal application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling, with the following modifications:

The person or group or persons making the appeal (the appellant) shall have the burden of proving the necessary facts to warrant approval of an appeal by the appropriate decision-making body. Such proof shall include applicable specific section references within this Code, and shall be provided at the time of application.

The appeal shall be filed within 15 days of the decision, by the applicant or any member of the general public. If the fifteenth day falls on a weekend holiday, or other day on which the City is closed, the next business day shall be the final day to submit an appeal.

An appeal stays all proceedings and activity from further action on the subject decision unless the Director determines that a stay would create adverse impacts to the health, safety, or welfare of the City or would cause imminent peril to life and property. Such determination shall be made only after written request to the Director.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The appeal application shall be scheduled for a public hearing before the Board of Adjustment or City Council, as indicated in Table 8.1, Summary Table of Review Procedures, and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

The Board of Adjustment or City Council shall review the appeal application and shall affirm, reverse, or amend the decision or interpretation being appealed, based on Section 8.8.E(3)e, Approval Criteria for Appeals. The decision shall be final.

1. The appeal decision-making authority may reverse a previous decision in whole or in part, or may modify the order, requirement, decision, or determination appealed from.

2. The appeal decision-making authority may attach conditions of approval on any appeal to ensure the health, safety, and welfare of the City.

The appropriate decision-making body shall consider the following in determining whether to affirm, reverse, or amend a decision or interpretation made by another decision-making body:

1. The facts stated in the application, as presented by the appellant and/or the Director;

2. The requirements and intent of the applicable standards from this Code compared to the written decision that is being appealed;

3. Evidence related to how the applicable standards from this Code have been administered or interpreted in the past; and

4. Consistency with the Sedona Community Plan, any applicable CFA or specific area plan, or other City-adopted plan.

Pursuant to A.R.S. § 9-500.12, a property owner may appeal the following City action relating to the owner’s property in the manner prescribed by this section:

1. The requirement of a dedication or exaction as a condition of granting approval for the use, improvement, or development of real property; or

2. The adoption or amendment of a zoning regulation that creates a taking of property in violation of A.R.S. § 9-500.13.

1. The Community Development Department shall notify property owners of their right to appeal the City’s action, pursuant to subsection 8.8.E(4)a, and shall provide a description of the appeal procedure.

2. The property owner’s appeal shall be in writing and filed with the Community Development Department or mailed to the Chairperson of the Board of Adjustment within 30 days after the date the final action is taken and property owner notified by certified mail/return receipt requested. The City shall submit a takings impact report to the Chairperson of the Board of Adjustment. There shall be no fee for such appeal.

3. Not later than 30 days after receipt of an appeal, the Chairperson of the Board of Adjustment shall schedule a time for the appeal to be heard by the Board. The property owner shall be given at least 10 days’ notice of the time when the appeal will be heard unless the property owner agrees to a shorter time period.

4. In all such appeal hearings the City has the burden to establish that there is an essential nexus between the dedication or exaction and a legitimate governmental interest, and that the proposed dedication, exaction or zoning regulation is roughly proportional to the impact of the proposed use, improvement or development or in the case of a zoning regulation, that the zoning regulation does not create a taking of property in violation of A.R.S. § 9-500.13. If more than a single parcel is involved, this requirement applies to the entire property.

5. The Board of Adjustment shall decide the appeal within five working days after the appeal is heard. If the City does not meet the burden set forth above, the Board shall:

i. Modify or delete the requirement for the dedication or exaction appealed under this section;

ii. In the case of a zoning regulation appealed under this section, the Board shall transmit a recommendation to the City Council.

6. If the Board of Adjustment modifies or affirms the dedication, exaction, or zoning regulation requirement, the property owner aggrieved by that decision may, at any time within 30 days after the date the Board’s decision is mailed to the property owner by certified mail/return receipt requested, file a complaint in the appropriate Superior Court for a trial de novo on the facts and the law regarding the issues of the condition or requirement for the dedication, exaction or zoning regulation. [Ord. 2023-03 § 1 (Exh. A), 4-25-23; Ord. 2020-04 § 1, 9-8-20 (Res. 2020-16)].

F. Special Exceptions

Special exceptions from the provisions of this Code may be approved by the City Council if it can be shown that the application of these regulations to any lot or parcel on which development would have been permitted prior to the effective date of the ordinance codified in this Code would prevent all economically beneficial use of the lot or parcel.

This section shall only apply after an applicant has exhausted all possibilities for the development of a lot or parcel as provided for in this Code. The City Council may also consider applications for special exceptions initiated by the City staff on any lot or parcel within the City limits.

a. In the case of properties zoned CO, CF, RM-1, RM-2, RM-3, M1, M2, M3, or PD, the applicant shall submit, for City Council consideration, sufficient data to show that no economically beneficial use of the lot or parcel is possible.

b. In the case of a single-family residential zoned lot or parcel, the applicant shall submit, for City Council consideration, sufficient data to show that the Code would not permit the construction of at least one single-family dwelling.

Any such lot or parcel may be developed pursuant to the grant of a special exception; provided, that such development otherwise conforms to the provisions of this Code as closely as reasonably possible.

Figure 8-18 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of special exception applications. Additions or modifications to the common review procedures are noted below.

The special exception application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling. In addition to other submittal requirements, as set forth in this Code, applications for special exceptions shall include the following:

1. Documentation of existing development approvals for the lot or parcel that were granted prior to the effective date of the ordinance codified in this Code;

2. Documentation of development applications for the lot or parcel that were denied after the effective date of the ordinance codified in this Code;

3. A development plan showing the approved land uses and the areas that will be affected by the proposed special exception on the lot or parcel; and

4. A report describing the proposed exceptions from the applicable provisions of this Code and the rationale for the special exception.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The special exception application shall be scheduled for a public hearing before the City Council and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

The City Council shall review the special exception application and shall approve, approve with conditions, or deny the application in accordance with Section 8.3.G, Review and Decision, based on the approval criteria in Section 8.8.E(4).

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modification:

If a special exception is granted pursuant to this section, the Director shall keep a permanent record on file at the Department that such a special exception was granted, and the special exception shall be referenced on the building permit issued for the proposed development.

In the review of requests for special exceptions, the City Council shall consider the following:

a. The degree to which the application of this Code to a particular lot or parcel advances a legitimate governmental interest; and

b. Whether or not application of this Code would prevent all economically beneficial use of the lot or parcel.

A. Purpose

This section describes the organization, powers, and duties of the offices responsible for the administration of this Code.

B. City Council

This section has been amended by Ordinance No. 2025-11, which is pending codification.

The City Council is the legislative body for the City and has the following powers and duties under these regulations:

(1) The review and decision authority as shown in Table 8.1, Summary Table of Review Procedures; and

(2) Other action the Council deems desirable and necessary to implement the provisions of these regulations and applicable Arizona law.

C. Planning and Zoning Commission

(1) The Planning and Zoning Commission is appointed by the City Council and has the review and decision authority shown in Table 8.1, Summary Table of Review Procedures, pursuant to the application-specific procedures outlined in this Code.

(2) The Planning and Zoning Commission also has the powers and duties permitted under A.R.S. § 9-461.01, and may exercise other powers that may be lawfully granted by the Council with respect to this Code.

D. Historic Preservation Commission

(1) The Historic Preservation Commission is appointed by the City Council and has the review and decision authority as shown in Table 8.1, Summary Table of Review Procedures, pursuant to the application-specific procedures outlined in this Code.

(2) The Historic Preservation Commission also has the powers and duties as prescribed in its Operating Rules and Procedures and may exercise other powers that may be lawfully granted by the Council with respect to this Code.

E. Board of Adjustment

a. Pursuant to A.R.S. § 9-462.06(A), the City Council is established as the Board of Adjustment and delegates to a hearing officer the authority to hear and decide on matters within the jurisdiction of the Board of Adjustment as outlined in this section, except that the right of appeal from the decision of a hearing officer to the Board of Adjustment shall be preserved.

b. A list of qualified individuals to serve in the capacity of hearing officer shall be presented to and approved by the City Council as may be necessary to ensure the efficient management of matters within the jurisdiction of the Board of Adjustment as outlined in this section. Selection of a hearing officer for any matter shall be made by the Community Development Director based on an administratively predetermined rotation or priority system.

The Board has the powers and duties shown in Table 8.1, Summary Table of Review Procedures, pursuant to the application-specific procedures outlined in this Code.

F. Community Development Department and Director

(1) The Department shall consist of City staff as required for the administration and enforcement of this Code.

(2) The Department shall have the review and decision authority as shown for “staff” in Table 8.1, Summary Table of Review Procedures, pursuant to the application-specific procedures outlined in this Code.

(3) The Director of Community Development is appointed by, reports to, and serves at the pleasure of the City Manager.

(4) The Director of Community Development is the head of the Community Development Department, in accordance with A.R.S. § 9-461.03 (as may be amended). Their duties involving planning, zoning and building, and acting as Zoning Administrator pursuant to A.R.S. § 9-462.05 (as may be amended), and in accordance with Chapter 2.60 of the Sedona City Code. The Director or their designated representative shall serve as the Zoning Administrator for the City and is responsible for the administration, interpretation, clarification, and enforcement of the Code.

G. City Engineer

(1) The City Engineer shall be appointed by, report to and serve the City Manager.

(2) The Engineer is responsible for all City streets and associated improvements and civil engineering and shall perform such duties as may be required of them by law and such other duties as directed by the Council and City Manager. The City Engineer shall head the Public Works Department of the City in accordance with Chapter 2.55 of the Sedona City Code.

Sedona City Zoning Code

ARTICLE 8

Administration and Procedures

8.1. Purpose and Organization of this Article

B. This article describes the review and approval procedures for application for land use and development in the City, and is divided into the following sections:

(1) Section 8.3, Common Review Procedures, describes the standard procedures that apply to most development application types.

8.2. Summary Table of Review Procedures

This section has been amended by Ordinance No. 2025-11, which is pending codification.

KEY: R = Review and Recommendation D = Review and Decision A = Appeal ✓ = Required < > = Public Hearing Required

Procedure		Code Reference	Notice			Pre-Application Meeting	Review and Decision-Making Bodies
Procedure		Code Reference	Published	Written	Posted	Pre-Application Meeting	Staff	Historic Prsvtn Comm.	Planning & Zoning Comm.	City Council	Board of Adjustment
Development Permits
Development Review	Minor	8.4				✓	D [1]		< A >
Development Review	Major	8.4	✓	✓	✓	✓	R	< R > [3]	< D >	< A >
Conditional Use Permit		8.4.B	✓	✓	✓	✓	R	< R > [3]	< D >	< A >
Single-Family Residential Review		8.4.C					D				< A >
Temporary Use Permit		8.4.D				✓[2]	D				< A >
Subdivision Procedures
Preliminary Plat		8.5.A	✓	✓	✓	✓	R		< R >	< D >
Final Plat		8.5.B					R			< D >
Land Division or Combination		8.5.C					D				< A >
Reversion to Acreage		8.5.E	✓	✓	✓	✓	R		< R >	< D >
Ordinance Amendments
Rezoning		8.6.A	✓	✓	✓	✓	R	< R > [3]	< R >	< D >
Rezoning to Planned Development (PD)		8.6.B	✓	✓	✓	✓	R		< R >	< D >
Code Amendment (Text)		8.6.C	✓			✓ [4]	R		< R >	< D >
Historic Preservation Procedures
Historic Landmark Designation		8.7.A	✓	✓	✓	✓	R	< D >		< A >
Historic District Designation		8.7.C	✓	✓	✓	✓	R	< R >	< R >	< D >
Certificate of Appropriateness		8.7.D	✓	✓	✓		R	< D >		< A >
Certificate of No Effect		8.7.D					D [5]
Flexibility and Relief
Variance		8.8.A	✓	✓	✓	✓	R				< D >
Minor Modification		8.8.B					As required for associated application
CFA Alternative Standards Request		8.8.C		✓		✓	Director makes decision prior to submittal of subject development application
Appeal		8.8.D	✓	✓	✓		As indicated in table above
Special Exception		8.8.E	✓	✓	✓		R			< D >
Notes: [1] The Director may refer minor development review applications to the Planning and Zoning Commission. [2] A pre-application meeting is required for some types of temporary use permit applications; see Section 8.4.D. [3] Applies only in historic districts or for designated historic properties. [4] Pre-application meetings are required only for text amendments proposed by an applicant, not staff. [5] HPC Chair (or designee) and staff make the determination regarding a Certificate of No Effect.