Division 10-20.30:
Common Procedures
Sections:
10-20.30.010 Purpose
10-20.30.020 Application Process
10-20.30.030 Fees
10-20.30.040 Pre-Application Review by Director
10-20.30.050 Concept Plan Review
10-20.30.060 Neighborhood Meeting
10-20.30.070 Additional Requirements for Citizen Outreach
10-20.30.080 Notice of Public Hearings
10-20.30.090 Findings Required
10-20.30.100 Final Decisions
10-20.30.110 Effect of Denials
10-20.30.120 Administrative Procedures
10-20.30.010 Purpose
The purpose of this division is to set forth common procedures and requirements for the preparation, filing, and processing of development or site plan review applications required by this Zoning Code. The development review process is designed to provide a consistent and efficient method for the City to implement its General Plan and other adopted goals, policies and standards.
10-20.30.020 Application Process
A. Application Submittals.
1. All applications for development approval shall be submitted to the Director on a City application form, accompanied by applicable fees, deposits, and other materials required by this Zoning Code and Community Development Division handouts.
2. Only the following persons or entities may submit an application:
a. The owner of the property;
b. An authorized agent of the owner;
c. A person acting in compliance with a purchase contract or exclusive option to purchase the property; or
d. The Director on behalf of the Council.
B. Application Content.
1. The Director shall specify the form and content of applications required by this Zoning Code. The Director may require supporting materials as part of the application, including, but not limited to, legal descriptions, statements, photographs, plans, drawings, renderings, models, material samples, and other items necessary to describe the existing situation and the proposed development. The applicant is responsible for the accuracy and completeness of all information submitted to the City. The Director may waive the submission of specific material or information upon a finding that it is not needed to reach a decision on the application.
2. Prior to and as a condition of final approval of a change to any land use regulation or standard, Zoning Map amendment, or conditional use permit, the Director may require the owner to execute a waiver of claims for diminution in value (City Code Title 1, Administration, and Chapter 1-17, City Finances) in compliance with the A.R.S. §§ 12-1131 through 12-1138.
C. Determination of Administrative Completeness and Substantive Review.
1. After receiving an application accompanied by the required fee (see Appendix 2, Planning Fee Schedule), all applications shall be reviewed in compliance with the time frames for administrative and substantive review on file with the Planning Section, as required by A.R.S. § 9-832 et seq.
2. In order to determine if the application is complete within the established administrative review period, the Director may submit the application to other City divisions, as appropriate. The Director shall notify the applicant if the application is complete and has been accepted for processing. If the application is incomplete, the Director shall identify the items that must be filed to complete the application and return it to the applicant. No application will be reviewed and no public hearings will be scheduled until an application is determined to be complete. An applicant may appeal the Director’s determination of completeness to the Community Development Director (see Division 10-20.80, Procedures for Appeals).
3. When an application has been determined to be complete, it will be considered for substantive review within the established substantive review period for the application. The Director may submit the application to other affected City divisions which shall determine whether the application complies with pertinent standards and regulations. An applicant may appeal a determination of the Director to the Board of Adjustment as set forth in Section 10-20.80.020, Appeals of Interpretations by the Zoning Code Administrator and Director.
D. Concurrent Applications.
1. If more than one development approval is required, for example, a conditional use permit and a site plan review, the Director may require, or an applicant may request that the approvals be considered jointly. Depending on the level of approvals required, one decision may need to be made subject to receipt of approval from another review authority.
2. If a General Plan or Zoning Map amendment is required, a variance, conditional use permit, or other development approval may not be granted prior to the General Plan or Zoning Map amendment approval (Division 10-20.50, Amendments to the Zoning Code Text and the Zoning Map). However, such development applications may be discussed at the same meeting with a related General Plan or Zoning Map amendment by the relevant review authority.
3. In the event that a major General Plan amendment and a Zoning Map amendment are required for the same property(ies), they shall be considered separately, with the major General Plan amendment being processed and approved before the Zoning Map amendment (Division 10-20.50, Amendments to the Zoning Code Text and the Zoning Map).
4. If a minor General Plan amendment and a Zoning Map amendment (Division 10-20.50, Amendments to the Zoning Code Text and the Zoning Map) are required for the same property(ies), the Planning Commission may hear both requests at the same public hearing. Likewise, the Council may consider both requests together at its public hearing.
E. Availability of Materials. Applications and supporting materials are public records pursuant to A.R.S. §§ 39-121 through 39-128. Public records may be reviewed and copied upon request during normal business hours, unless protected from disclosure. The applicant shall clearly label each page of copyrighted or trademarked materials (e.g., ©, ®, TM) and such materials will be available for public inspection, but copyrighted materials will not be copied.
(Ord. 2016-07, Amended, 2/16/2016)
10-20.30.030 Fees
A. Planning Fee Schedule. A schedule of planning fees shall be maintained by the Director and made available to the public and can be found in Appendix 2 (Planning Fee Schedule) of this Zoning Code.
B. Required Fees. All applications required by this Zoning Code shall be accompanied by the required fees set by resolution of the Council. Applications shall not be accepted without payment of the required fees, including, as applicable, development fees, stormwater management fees, water capacity and connection fees, and other required fees.
10-20.30.040 Pre–Application Review by Director
A. Pre-Application Review.
1. A pre-application review is an optional process to provide a general overview of a proposed development’s compliance with this Zoning Code and other applicable policies and regulations. This review occurs prior to the submittal for concept plan review (Section 10-20.30.050). An applicant requesting any development approval may request a pre-application review.
2. The purpose of a pre-application review is generally to:
a. Familiarize the Director and other City staff, as may be applicable, with the development proposal;
b. Determine application requirements and familiarize the applicant with the review process and procedures;
c. Identify any potential problems as early in the process as possible; and
d. Identify land use and development policies which may affect the development proposal.
3. Failure by the Director or Staff to identify all required studies or all applicable requirements shall not constitute a waiver of those studies or requirements.
B. Application Requirements. An application for a pre-application review shall be submitted on a form prescribed by the City in compliance with Section 10-20.30.020, Application Process.
C. Pre-Application Review Meeting. After reviewing the application, the Director or his or her designee will meet with the applicant or representative. Neither the pre-application review nor the provision of information by the Director or his or her designee and the discussion of City policies shall be construed as either a recommendation for approval or denial of the application or development. No formal action is taken by the Director or his or her designee at a pre-application review meeting. Following the meeting, the Director shall provide the applicant with a written summary of comments and place a copy of the comments in the pre-application review log.
10-20.30.050 Concept Plan Review
A. Purpose. Concept plan review is an informal review to ensure that the applicant is aware of the procedures and substantive requirements of the City and to identify any potential problems or concerns prior to submitting for site plan review and approval (Section 10-20.40.140).
B. Applicability. Concept plan review is required for the following:
1. All developments requiring site plan review and approval (Section 10-20.40.140);
2. Any change of use that triggers an increase in required parking;
3. A proposed duplex;
4. Nonstructural remodeling of an exterior facade; and
5. A proposed single-family residence located on a parcel that is not part of a platted subdivision.
C. Application for Concept Plan Review.
1. Application Requirements. An application for a concept plan review shall be submitted on a form prescribed by the City in compliance with Section 10-20.30.020, Application Process, together with the information and materials requested in the concept plan review application and the required fee established in Appendix 2, Planning Fee Schedule.
2. Application Review. Upon receipt of an application, the Director shall refer the concept plan application to any applicable departments or agencies, which shall review the application for compliance with City standards and regulations. The Director, in compliance with the review schedule on file with the Planning Section, shall provide conditions and comments to the applicant. Major developments (i.e., those over 20,000 square feet in gross floor area or over 50 dwelling units) may be scheduled for a longer review period.
3. Effect of Review.
a. Upon receipt of conditions and comments, an applicant may request a meeting with the Director or his or her designee to discuss the development requirements and how to proceed with the application.
b. Neither the concept plan review nor the provision of information by the Director or his or her designee and the discussion of City policies shall be construed as either a recommendation for approval or denial of the application or development. No formal action is taken by the Director during the concept plan review.
c. Failure by the Director or staff to identify all required studies or all applicable requirements shall not constitute a waiver of those studies or requirements.
4. Completion of concept plan review allows an applicant to submit an application for site plan review and approval (Section 10-20.40.140). If the concept plan application is deemed by the Director to contain sufficient information, the Director may move the concept plan to site plan review and approval (Section 10-20.40.140) or to the next stage in the development review process.
D. If applying for site plan review, it is the responsibility of an applicant to provide the required revisions and information relevant to the development proposal on the application for site plan review and approval (Section 10-20.40.140). The Director may also recommend that the applicant resubmit for a second concept plan review at no additional cost to the applicant. An applicant may also choose to withdraw their application. However, a third required submission requires a new fee as established in Appendix 2, Planning Fee Schedule.
(Ord. 2016-07, Amended, 2/16/2016)
10-20.30.060 Neighborhood Meeting
A. Neighborhood Meetings Required.
1. Applicants for a General Plan amendment, Specific Plan amendment, Zoning Map amendment, conditional use permit, annexation or change of use within the PF (Public Facility) zone shall schedule and conduct at least two neighborhood meetings in compliance with this section. The applicant is responsible for all costs associated with the neighborhood meetings.
2. The Director may waive the requirement for neighborhood meetings if it can be demonstrated that there are a limited number of property owners adjacent to the subject property and that other techniques for informing them of the application would be more effective, such as direct mailing with information on the application or one-on-one meetings with affected property owners.
B. Purpose of Neighborhood Meeting. The purpose of the neighborhood meeting is to:
1. Encourage applicants to allow for informed decision making through the dissemination of proposals and alternatives;
2. Ensure that applicants pursue early and effective citizen participation in conjunction with their applications, giving them the opportunity to understand and try to mitigate any real or perceived impacts their application may have on the community;
3. Ensure that the citizens and property owners 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
4. Facilitate ongoing communication between the applicant, potentially affected citizens and adjacent property owners, City staff and elected officials throughout the application review process.
C. Neighborhood Meeting Planning.
1. The applicant’s neighborhood meetings shall be scheduled after the pre-application review (Section 10-20.30.040) meeting with the Director, but prior to site plan review (Section 10-20.40.140) or Planning Commission consideration of a Zoning Map amendment (Division 10-20.50).
2. A plan for how the applicant intends to conduct the neighborhood meetings shall be submitted to and approved by the Director in compliance with the review schedule on file with the Planning Section. A charrette is recommended with all General Plan amendments and is required for all applications for a traditional neighborhood community plan (Division 10-30.80). The neighborhood meeting plan shall include the following information:
a. Property owners, citizens, jurisdictions and public agencies within 300 feet of the development or that may be affected by the application. The Director may expand the required notification area as stipulated in subsection (D)(3) of this section;
b. Proposed notification methods (e.g., mail, e-mail, newspaper, posting of the subject property) for persons and organizations identified in subsection (C)(2)(a) of this section;
c. Form, structure, and agenda of the meeting (e.g., town meeting, workshop, charrette, or other appropriate public outreach technique);
d. Opportunities for those potentially affected parties to discuss and provide input on the applicant’s proposal;
e. Location, date and time of the neighborhood meeting; and
f. Methods to keep the Director informed of the status and results of the neighborhood meeting.
D. Neighborhood Meeting Notification. In compliance with the review schedule on file with the Planning Section, the applicant shall:
1. Create a notice that sets forth the purpose and substance of the proposed application, and the time, date and place of the neighborhood meeting;
2. Submit a copy of the notice to the Director;
3. Notify by first class mail all property owners of record within 300 feet of the subject property. Notification within a larger area may be required when the General Plan or other applicable adopted City policy (See Section 10-20.30.070, Additional Requirements for Citizen Outreach, for example) stipulates notification within a larger area. The Director may also expand the notification area based on the location and context of the subject property if it is determined that the potential impact of the development extends beyond the required notification boundary;
4. Notify by first class mail to the situs or actual address of all tenants and residents living on the subject property;
5. Notify by first class mail all homeowners associations (HOAs) that govern land within 1,000 feet of the subject property as well as all persons or groups whose names are on the registry of persons and groups described in Section 10-20.30.080(B) who are interested in receiving such notice. If it is determined that the potential impact of the development extends beyond the required notification boundary, the Director may expand the notification area; and
6. Install a minimum of one sign that is at least four feet by four feet in area on the property in a location or locations clearly visible from a public right-of-way to adjacent residents setting forth the purpose, time, date, and place of the neighborhood meeting, with an attached information tube containing copies of the meeting notice. This sign shall be installed a minimum of 10 days prior to the neighborhood meeting.
E. City Staff Involvement. City staff may attend the neighborhood meetings. The role of City staff will be limited to discussing the review process for the development and explaining the opportunities for the public to be engaged in the review process.
F. Record of Proceedings. The applicant shall create a written summary of the meetings, which shall be submitted with the next formal submission to the Director. This written summary will be attached to the Director’s report to the Planning and Zoning Commission and City Council. At a minimum, the report shall include the following information:
1. Certification, on a form established by the Director, that the meeting was noticed and conducted in compliance with requirements of this section;
2. Details of techniques the applicant used to involve the public, including:
a. Dates and locations of neighborhood meetings;
b. Copies of letters, notices, newsletters and other correspondence, including dates and numbers of mailings or deliveries;
c. A copy of the mailing list, and a summary of where residents, property owners, and potentially affected citizens receiving notices, newsletters, or other written materials were located;
d. The number and names of people that participated in the process based on the sign-in sheet for the meeting; and
e. A dated photograph of the sign installed in compliance with subsection (D)(6) of this section;
3. A summary of concerns, issues and problems expressed during the neighborhood meeting, including:
a. The substance of the concerns, issues, and problems; and
b. The applicant’s response to the comments received at the public meeting. The applicant’s responses shall be included on the site plan, illustrative plan, other planning document(s), and/or in an associated report. If public comments are not included in any of these documents, an explanation why they were not included must be provided;
4. The applicant shall also send a copy of the written summary to all the people who recorded their names on the sign-in sheet for the meeting.
G. Request to Waive the Second or Additional Neighborhood Meetings. An applicant may submit a written request to the Director to waive the requirement for the second or any additional neighborhood meetings if either no substantive issues were identified by the meeting participants, including, but not limited to, density, compatibility, traffic or stormwater issues, or there was minimal participation at the initial neighborhood meeting as documented in the record of proceedings described in subsection (F) of this section. If the application is substantially modified from what was presented at the initial neighborhood meeting, the Director shall require a second or additional neighborhood meetings in compliance with this section be held to present the modified application.
H. Other Required Meetings. For developments where the applicant is not otherwise required to conduct a neighborhood meeting, the Director may require that a neighborhood meeting be held if a determination is made that the development may substantially impact adjacent neighborhoods, schools, parks, or existing open space.
(Ord. 2016-07, Amended, 2/16/2016)
10-20.30.070 Additional Requirements for Citizen Outreach
A. Applicability. This section shall apply, in addition to those requirements established in Section 10-20.30.060, Neighborhood Meeting, to the following developments for which a Zoning Map or General Plan amendment is required:
1. New single-family or multifamily residential developments that exceed 300 units; or
2. New commercial, industrial, and public facility developments that exceed 20 acres or 100,000 square feet of gross floor area.
B. Additional Requirements. The following additional requirements and procedures apply to those Zoning Map and General Plan amendments specified in subsection (A) of this section:
1. Step One – Neighborhood Meeting.
a. The applicant shall host a neighborhood meeting as described in Section 10-20.30.060, Neighborhood Meeting.
b. The following additional requirements shall apply to the applicant’s neighborhood meeting. Prior to the neighborhood meeting and in compliance with the review schedule on file with the Planning Section, the applicant shall:
(1) Provide the Director with information regarding the neighborhood meeting for posting on the City website;
(2) Post information regarding the neighborhood meeting on the applicant or applicant’s agent’s website, if such website exists; and
(3) Notify by first class mail all property owners of record within 600 feet of the subject property.
c. As an option, the applicant may also place advertisements for the neighborhood meeting on local radio or TV stations.
2. Step Two – Additional Planning Commission Public Hearing.
a. The Director shall schedule no less than two public hearings with the Planning Commission to provide additional opportunities for interested members of the public to be informed of and provide comments on the new development proposals described in subsection (A) of this section.
b. The public hearings shall be noticed in compliance with Section 10-20.30.080, Notice of Public Hearings.
c. The additional Planning Commission public hearing shall be held at the next regularly scheduled meeting of the Planning Commission.
C. Charrette for a Traditional Neighborhood Community Plan. When an applicant has hosted a charrette as required for a proposed Traditional Neighborhood Community Plan (Division 10-30.80) as part of a General Plan amendment, a second charrette as part of the Zoning Map amendment application is not required. The Director may require a second neighborhood meeting as described in Section 10-20.30.060, Neighborhood Meeting.
(Ord. 2016-07, Amended, 2/16/2016)
10-20.30.080 Notice of Public Hearings
Prior to consideration of any action for a General Plan amendment, specific plan amendment, Zoning Code text amendment, Zoning Map amendment, conditional use permit, preliminary subdivision plat, variance, or appeal heard by the Board of Adjustment, or change of use within the PF (Public Facility) zone, notice shall be given in compliance with the requirements of this section. In those cases where a public hearing is required as part of the approval process, no hearing shall be scheduled until the applicant has paid the required fee(s). Fees are listed in Appendix 2, Planning Fee Schedule. All of the following applicable provisions shall be met:
A. Notice Requirements. Any changes to State law notice requirements shall control over this provision in the manner of providing notice.
1. Contents. Every published, posted and mailed notice of public hearing shall include:
a. The date, time, location and purpose of the hearing;
b. The name of the body conducting the hearing, and a telephone number to receive additional information;
c. The location and times at which the complete application and development file may be viewed by the public;
d. The address or location of the subject property;
e. A general description of the proposed development or action and the property included in the application;
f. A statement that any interested person or authorized agent may appear and be heard;
g. A statement describing how and when to submit written comments;
h. The existing zone classification; and
i. The word “Zoning,” if applicable.
2. Manner of Posting.
a. Notices of public hearings for requests to amend the Zoning Map shall be posted on the subject property and printed so that the following are visible from a distance of 100 feet: the word “zoning”; the existing zone; the proposed zone; and the date, time and place of the hearing.
b. Notices of public hearings for all other applications such as General Plan amendments, conditional use permits, or Board of Adjustment hearings shall be posted on the subject property and printed so that the date, time and place of the hearing is visible from a distance of 100 feet.
3. Manner of Notification. Notices of required public hearings shall be sent by first class mail to the following persons:
a. Each real property owner (if different from the applicant) as shown on the last assessment of the property, of any land within the areas subject to the application for which the public hearing is required.
b. Each real property owner (if different from the applicant) as shown on the last assessment of the property of any land which is located within 300 feet of the property subject to the application for which the public hearing is required. The Director may expand the notification area based on the location and context of the subject property if it is determined that the potential impact of the development extends beyond the required notification boundary.
c. The situs or actual address of all tenants and residents living on the subject property.
d. All local government agencies which have reviewed and commented on the proposed development or Zoning Map amendment or which abut the subject property.
4. Failure to Receive Notice. Notwithstanding the notice requirements set forth in subsections (A)(2) and (3) of this section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the amendments for which the notice was given.
5. Responsibility for Providing Notice.
a. The Director shall be responsible for placing the public hearing notices required by this section in a newspaper of general circulation within the City.
b. The applicant shall post the notice(s) as required by this section on the subject property. The applicant is required to maintain the posting and remove the sign within seven days after the public hearing and final action. Failure to remove the sign may result in the City removing the sign and charging the applicant for costs incurred. The applicant shall submit a notarized affidavit of posting and photographs of the signs posted on the subject property to the Director no less than 15 days prior to the public hearing date.
c. If notice is required to be provided by mail, the applicant is responsible for establishing a list of names and addresses of property owners in compliance with the requirements of Section 10-20.30.060(D)(3) and (5), as well as the names and situs addresses of all tenants and residents living on the subject property, in compliance with this section. The applicant shall mail a public hearing notice to each of the property owners on the list referenced above no later than 15 days prior to the public hearing date. A notarized copy of the mailing list shall be submitted to the Director prior to or on the fifteenth day prior to the public hearing date.
d. Failure to provide the documentation described in subsections (A)(5)(b) and (c) of this section will result in continuance of the case to the next available public hearing date.
6. Time of Notice. All required notices shall be posted or published within a time frame prior to the public hearing determined in compliance with State law as well as the review schedule on file with the Planning Section.
B. Registry of Interested Persons or Groups. Any interested persons or groups may contact the Planning Section to register their names, addresses and other contact information so that they can be notified of all public meetings and public hearings of the Board of Adjustment, Planning Commission and/or Council.
C. Additional Noticing Requirements.
1. In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided as described in subsections (C)(2) and (3) of this section:
a. A 10 percent or more increase or decrease in the number of square feet or units that may be developed.
b. A 10 percent or more increase or reduction in the allowable height of buildings.
c. An increase or reduction in the allowable number of stories of buildings.
d. A 10 percent or more increase or decrease in setback or open space requirements.
e. An increase or reduction in permitted uses.
2. Notice shall be sent to all persons or groups whose names are on the registry of persons and groups described in subsection (B) of this section who are interested in receiving such notice.
3. Notice shall be provided to real property owners in compliance with at least one of the following notification procedures:
a. Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property would be directly governed by the changes.
b. Notice shall be included with water bills or other City mass mailings.
c. Notice shall be published in a newspaper of general circulation published or circulated in the City in the form of a “display ad” covering not less than one-eighth of a full page.
4. In proceedings where additional requirements for citizen outreach are required as provided in Section 10-20.30.070, Additional Requirements for Citizen Outreach, full compliance with the notification requirements of that section is required.
(Ord. 2016-07, Amended, 2/16/2016)
10-20.30.090 Findings Required
When making a decision to approve, approve with modifications and/or conditions, revoke or deny any conditional use permit, variance, site plan, or preliminary subdivision plat, the decision-making body shall make findings of fact required by this section. Findings shall be based upon consideration of the application, plans, testimony, reports and other materials that constitute the record and shall be in writing or included in the minutes. The findings shall be set forth in the notice of decision that the Director shall issue following a decision.
10-20.30.100 Final Decisions
A. Time of Decision.
1. A final decision shall be deemed to have been made at the time action is taken by the Council or Board of Adjustment.
2. A final decision shall be deemed to have been made on the date of issuance of a notice of decision by the Zoning Code Administrator or Director.
B. Notice of Decision. When a final decision is made by notice of decision, the decision made and the findings that were the basis for the decision shall be documented in writing and sent via first class mail to the applicant at the mailing address stated in the application and to any other person or entity requesting such notification in writing.
(Ord. 2018-21, Amended, 6/19/2018; Ord. 2016-07, Amended, 2/16/2016)
10-20.30.110 Effect of Denials
A new application concerning property for which a previous application has been denied (i.e., it may be the same as the previous application or it may be a different proposal) may only be considered when:
A. The application does not involve the same request for conditional use permit, variance, zone change, annexation or General Plan amendment, or allege the same misinterpretation or hardships as the previous application;
B. The subsequent application involves a development proposal which is, in the opinion of the Director, materially different from prior proposals; or is responsive to negative findings set forth in the denial of the prior application;
C. A substantial change in the use of adjacent property has occurred since the previous application was denied; or
D. A period of not less than one year has passed since the previous application was denied and all appeals provided by the City have been exhausted.
(Ord. 2016-07, Amended, 2/16/2016)
10-20.30.120 Administrative Procedures
Any person may examine an application and materials submitted in support of or in opposition to an application in the Community Development Division’s offices during normal business hours. Copies of such materials shall be made available for materials determined to be disclosable public records at a reasonable cost to be established from time to time through Council resolution. Staff reports to the Council, Planning Commission, Heritage Preservation Commission, or Board of Adjustment will be made available to the public only after they have been submitted to the review authority for which the report was prepared.