The provisions of the zoning ordinance may from time to time be amended, supplemented, changed, modified or repealed.

(Zoning Ord. § 3-3-101)

Requests made to amend this title may be initiated by the zoning hearing officer, town council or real property owner in the area to be included in the proposed amendment. Applications for amendment shall be made in the office of the town clerk on such form as shall be acceptable to the town council. Filing fees shall be set by resolution of the town council. Applications initiated by the zoning hearing officer or town council shall not be subject to payment of a filing fee.

(Ord. 02-12 (part); Zoning Ord. § 3-3-102)

Applications for amendments to the town of Youngtown, Arizona zoning ordinance, including the zoning map, shall be submitted to the town manager, or a duly authorized agent, for review and determination of completeness. The application and supporting documents shall then be referred to the zoning hearing officer.

(Ord. 08-16 § 1 (part): Ord. 02-12 (part): Zoning Ord. § 3-3-103)

A.

Prior to a public hearing on any application for a rezoning of property, creation or amendment of a specific plan, issuance of a special use permit, or a zoning ordinance amendment that imposes any regulation not previously imposed or that removes or modifies any such regulation previously imposed, a citizen review process complying with this section shall be conducted. The purpose of the citizen review process is to provide an opportunity for citizen involvement and public awareness of applications for rezoning of property, adoption or amendment of specific plans, approval of special use permits, and adoption of any zoning ordinance text amendment that imposes, removes or modifies a land use regulation.

B.

Applications for Rezoning, Specific Plans, and Issuance of a Special Use Permit.

1.

The applicant, in coordination with the planning department, shall establish a time, date and place for a citizen review session to provide a reasonable opportunity for the applicant, adjacent landowners, and other potentially affected citizens to discuss issues or concerns they may have with the application proposed by the applicant. Planning staff shall attend the meeting as an observer and shall not conduct the meeting. The applicant shall supply the planning department with minutes of the neighborhood meeting and a list of all individuals in attendance. The staff member in attendance shall report in writing the results of the neighborhood meeting and a list of all individuals in attendance to the hearing officer and/or town council at such time as either takes action on the rezoning, specific plan or special use permit application.

2.

Written notice of the citizen review session shall be given at least five days prior to the meeting and shall include the time, date, and location of the citizen review meeting and sufficient details regarding the substance of the proposed rezoning or specific plan or special use permit application so as to allow citizens and other affected persons to determine how they might be affected by the approval of the proposed application.

3.

The applicant shall provide to the town for mailing such notice by first class mail to:

a.

Each property owner within one thousand (1,000) feet of the boundary of the property subject to the application;

b.

All other interested parties who have requested that they be placed on a notification list maintained by the planning department; and

c.

Adjoining municipalities sharing borders with the property subject to the application.

4.

The zoning administrator may establish additional procedures for the citizen review process as is deemed necessary to enhance public participation.

C.

Text Amendments to the Zoning Ordinance.

1.

A citizen review session shall be held by the zoning hearing officer at least five days prior to the public hearing for consideration of a proposed text amendment that imposes, removes or modifies a land use regulation. Landowners and other citizens potentially affected by the proposed text amendment will be invited to gather further information regarding the proposed text amendment at the citizen review session and to express any issues or concerns they may have with the proposed text amendment.

2.

Notice of the citizen review session shall be given to landowners and other citizens potentially affected by the proposed text amendment at least ten (10) days prior to the citizen review session scheduled by the zoning hearing officer regarding the proposed text amendment. This notice shall state the date, time, and place of the citizen review session and shall include a general explanation of the substance of the proposed text amendment to the zoning ordinance. The form of notice to be used will vary according to the type of text amendment proposed, and any means deemed by the town to provide the appropriate method of notice for the proposed text amendment shall be considered sufficient. The form of notice given may include, but is not limited to, the following:

a.

Publication in a local newspaper of general circulation distributed to residents living within the town;

b.

Posting at official town posting locations;

c.

Posting on the town's website.

3.

After the citizen review session, the zoning hearing officer may take all issues and concerns raised by landowners and other citizens potentially affected by the proposed text amendment at such session into account when he or she considers his or her recommendation to the town council on the proposed text amendment and shall, prior to the council's public hearing on the proposed text amendment, report to the council the issues and concerns raised during the citizen review input and discussion session.

(Ord. 08-16 § 1 (part))

A.

The zoning hearing officer shall hold a public hearing to consider the proposed amendment, notice of which shall be given as set forth in Title 9, Chapter 4 of the Arizona Revised Statutes.

B.

After the public hearing, the zoning hearing officer shall render a decision in the form of a written recommendation to the town council as to whether the council should approve, approve with modifications and/or conditions, or deny the application to the town council. The recommendation shall include the reasons for the recommendation.

C.

If the zoning hearing officer fails to make a written recommendation to the town council within ninety (90) days after receipt of the application, such failure shall be deemed to be a recommendation of approval by the zoning hearing officer to the town council.

(Ord. 08-16 § 1 (part))

In the event that an application is denied by the town council, the zoning hearing officer shall refuse to accept another application for the same amendment within a year of the date of the hearing of the previous application before the zoning hearing officer.

(Ord. 02-12 (part); Zoning Ord. § 3-3-104)

The application for amendment, if initiated by other than the zoning commission or town council, shall be signed by a real property owner in the area included in the application. No application will be considered complete unless accompanied by a waiver of claims for diminution in value pursuant to A.R.S. § 12-1134, signed by all owners of real property affected by the zoning amendment.

(Zoning Ord. § 3-3-105)

(Ord. No. 11-08, § I, 4-21-11)

In the event that a written protest against a proposed amendment is presented at any town council hearing held on the application for amendment, by the owners of twenty (20) percent or more, either of the area of lots included in such proposed change or of those immediately adjacent in the rear thereof extending one hundred fifty (150) feet therefrom, or of those adjacent to any one side and extending one hundred fifty (150) feet therefrom, or of those directly opposite thereto extending one hundred fifty (150) feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of three-fourths of all the members of the town council of the town. If any members of the town council are unable to vote on such question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the town council; provided, that such required number of votes shall in no event be less than a majority of the full membership of the town council.

(Zoning Ord. § 3-3-106)

No amendment, supplement, change, modification, or repeal shall be made of this zoning code until after a public hearing by the town council in relation thereto, at which hearing the parties in interest will have an opportunity to be heard. Notice of the hearing shall be given in accordance with the notice requirements of A.R.S. Section 9-462.04. A copy of the notice of the public hearing shall be sent to the applicant and any person who has requested notice.

(Ord. 02-12 (part); Zoning Ord. § 3-3-108)

A.

Filing of Claim. all claims for diminution in value pursuant to A.R.S. § 12-1134 shall be filed with the town clerk on a form prescribed by the town.

B.

Town Review. After a claim is filed, town staff shall conduct an investigation to determine the validity of the claim. a certified land appraiser or other relevant qualified expert shall be consulted to estimate the real value of the diminishment claim.

C.

Staff Recommendation. The town manager or designee shall prepare a recommendation to council for possible action.

D.

Town Council Determination. Within ninety (90) days of the filing of the claim, town council shall make a determination as to whether to deny the claim, pay the claim, or rescind or modify the land use law or its application to the claimant's property. Said determination shall take into consideration the town manager's recommendation and any reports or recommendations from the appraiser or other relevant expert.

E.

Satisfaction of Notice of Claims Requirements. Filing a claim pursuant to this section shall be deemed to satisfy the requirements set forth in A.R.S. § 12-821.01 for filing a claim against the town.

(Ord. No. 11-08, § I, 4-21-11)