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Tombstone City Zoning Code

CHAPTER 18

AMENDMENTS

10-18-1: AUTHORITY:

The mayor and council may from time to time, after receiving a report thereupon by the planning and zoning commission and after public hearings required by law, amend, supplement or change the regulations or zones set forth herein or subsequently established. Any amendment, supplement or change may be initiated by the mayor and council, the commission or by petition of affected person. (Ord. 168)

10-18-2: PRELIMINARY PETITION FOR CHANGE:

Any person desiring a reclassification of property of change in the regulations applicable thereto may file with the mayor and council a petition on a form and in a manner provided by the commission, describing the desired amendment, supplement or change of the regulation or of zone boundaries. Upon receipt of such petition, the mayor and council shall submit the same to the commission for a report. A uniform fee, amounting to the cost of advertising, shall be paid to the city upon the filing of each such petition for change. (Ord. 168)

10-18-3: COMMISSION ACTION:

Upon receipt of any proposed zoning change, the commission shall delimit the extent and boundaries of any area of proposed changes so as to constitute a reasonable zone. Prior to reporting to the mayor and council, the commission shall hold at least one public hearing thereon, after giving legal notice as required by law. (Ord. 168)

10-18-4: CONSENTS REQUIRED FOR ZONE CHANGE:

Any person requesting rezoning of property shall file upon forms provided by the commission a petition in favor of such change containing the written consents of at least fifty one percent (51%) of the owners by number and area of all other properties any part of which is within one hundred fifty feet (150') of the proposed change and which have a more restrictive classification than is sought by the petitioners and of at least seventy five percent (75%) of the owners by number and area of all properties including in the change. (Ord. 168)

10-18-5: MAYOR AND COUNCIL ACTION:

The mayor and council, upon receipt of the commission's recommendations, shall hold a public hearing thereon after the legal notices as required by law. The mayor and council may accept the commission's recommendations or may modify, change or reject them. (Ord. 168)

10-18-6: FILING OF PETITION:

At the time of filing the final petition with the commission, the petitioner shall file in addition to the required signatures a list showing the names and addresses of the owners of all property within the area to be rezoned and within two hundred feet (200') of this area. In addition, the petitioner shall file a map showing the boundaries and size in square feet of all property in the area to be changed and in the area within one hundred fifty feet (150') of that area. (Ord. 168)

10-18-7: NEWLY ANNEXED AREAS:

   A.   Upon the annexation of additional areas to the city, it shall be the duty of the city planning and zoning commission or the secretary thereof to immediately give notice of a public hearing in accordance with the provisions of this ordinance, and at such hearing shall present the supplemental zoning the planning and zoning commission proposes for the area annexed.
   B.   It shall be the duty of the mayor and council and the planning and zoning commission, after giving the public notices and holding the required public hearings and after due consideration of the matters presented at such hearings, to provide supplemental zoning for the area annexed by ordinance as soon as possible, and the zoning map of the city shall be forthwith changed and supplemented to include the zoning adopted for the annexed area by such ordinance.
   C.   After the public notice provided for in subsection A of this section, no building permit shall be issued to any person in the annexed area until the zoning ordinance providing supplemental city zoning for such area has been passed and adopted. However, a permit may be issued for necessary repairs or for a proposed structure complying with all the provisions in this ordinance for R-1 single residence zone. (Ord. 168)