Chapter 17.128
ZONING MAP AND ZONING TEXT AMENDMENT PROCEDURES
Sections:
17.128.020 Authority to make application.
17.128.025 Approval of residential zoning applications.
17.128.030 Application for zoning map amendment.
17.128.040 Zoning map amendment criteria.
17.128.050 Zoning regulations text amendments.
17.128.060 Public hearing required.
17.128.070 Planning and Zoning Commission recommendation.
17.128.080 Town Council action.
17.128.010 Purpose.
The purpose of this chapter is to allow amendments (i.e., rezoning or zone changes) to the official zoning map and to the text of these regulations. The provisions of this chapter are not intended to relieve particular hardships nor confer special privileges for property owners. (Ord. 15-393 § 1 (part): Ord. 11-358 § 1: Ord. 09-329 § 2 (Exh. A)(part))
17.128.020 Authority to make application.
A. Zoning Map Amendments. A zoning map amendment may be initiated by:
1. The owner(s) of the property described in the application.
2. An agent, authorized in writing, to act on behalf of the owner(s) of the described property.
3. The Town, by the Town Council, the Planning and Zoning Commission, or the Director.
B. Zoning Text Amendments. A zoning text amendment may be initiated only by the Town through its Town Council, the Planning and Zoning Commission, or the Director. (Ord. 15-393 § 1 (part): Ord. 09-329 § 2 (Exh. A)(part))
17.128.025 Approval of residential zoning applications.
A. Administrative Completeness Review Time Frame. For each residential zoning application, the Community Development Director shall designate a staff member to review the application. The designated Town staff member shall determine whether the application is administratively complete within thirty (30) days after receiving the application. If the application is deemed administratively incomplete, the staff member will provide the applicant with a written notice that includes a comprehensive list of the specific deficiencies. Upon issuance of the written notice, the administrative completeness review time frame and overall time frame contained in this section are suspended until the staff member receives the resubmitted application. The staff member shall have fifteen (15) days to review the resubmitted application and determine whether every deficiency has been resolved for administrative completeness.
B. Approval or Denial of Residential Zoning Applications. After determining that a residential zoning application is administratively complete, the Town Council shall approve or deny the application within one hundred eighty (180) days. The Town may extend the time frame to approve or deny beyond one hundred eighty (180) days as follows:
1. Staff may grant a one (1) time extension of not more than thirty (30) days for extenuating circumstances; or
2. Staff may grant extensions in thirty (30) day increments at the applicant’s request.
C. Exceptions. This section does not apply to:
1. Land that is designated as a district of historical significance pursuant to Arizona Revised Statutes Section 9-462.01(a); and
2. An area that is designated as historic on the National Register of Historic Places.
3. Land that is already zoned as a planned unit development (PUD). (Ord. 24-478 § 1 (Exh. A))
17.128.030 Application for zoning map amendment.
A. For requests that conform to the General Plan, an application, nonrefundable filing fee and an advertising fee shall be submitted to the Community Development Department, and will contain the following information:
1. The name(s) and address(es) of the owner(s) of the affected property.
2. A statement of the reasons for the request.
3. If the applicant is a person other than the owner(s) of the affected property, written consent signed by all of the owners of the affected property authorizing the filing of the application and authorizing the zoning change requested.
4. An accurate legal description for the affected property.
5. That portion of the official Assessor’s map maintained by the Navajo County Tax Assessor reflecting the actual boundaries of the property affected, or a certified survey. Maps must be legible and reasonably useful for the purposes herein intended.
6. A map showing the affected property as well as the surrounding property located within a distance of three hundred (300) feet. A portion of the official Assessor’s map maintained by the Navajo County Tax Assessor will suffice.
7. A description of the intended uses, the proposed zoning classification and other entitlements which the Planning and Zoning Commission should be made aware of.
8. Facilities and services impact analyses, including traffic/access, water system, sewer system, electric, power, or other public or private facilities/services analyses as requested by the Director.
B. For requests not in conformance with the General Plan, the following information will be provided:
1. All application materials listed in subsection A of this section.
2. A narrative of the applicable criteria listed in Section 17.128.040.
3. Major amendments will be evaluated on an annual basis per Section 17.128.060, Public hearing required.
C. The Community Development Director has the authority to present any application request to the Planning and Zoning Commission for comment prior to finalizing the application for consideration by the Commission. (Ord. 15-393 § 1 (part): Ord. 11-358 § 2: Ord. 09-329 § 2 (Exh. A)(part))
17.128.040 Zoning map amendment criteria.
A narrative of the zoning map amendment criteria required by Section 17.128.030(B) shall be made available and submitted to the Planning and Zoning Commission for consideration based on the following:
A. Proposed Zone Change and Proposed Uses. Are there substantial reasons why the property cannot be used in accordance with existing zoning? Are there other adequate sites in the Town for the proposed use in zoning districts already permitting such use?
B. Compatibility with the Surrounding Land Uses and Zoning Patterns. List the surrounding land uses and zoning designations (i.e., north, south, east, and west of the property). Does the proposal create a transition between incompatible land uses?
C. Statement of how the proposal varies from the General Plan or other adopted plans.
D. Proposed style and siting of structure(s), and relationship to surrounding properties. Does the proposal comply with the Town’s design guidelines (i.e., building height, architectural theme, and color palette)?
E. Access and traffic; pedestrian, bicycle and vehicular circulation. Will the proposed change create traffic congestion, traffic safety, or other public safety issues?
F. Dedication and development of streets adjoining the property. Will the proposed change have any effect on the improvement or development of adjacent property in accordance with existing regulations?
G. Noise, vibration, lighting, visual, and other considerations. What effect will the proposed change have on living conditions in the surrounding neighborhood?
H. Landscaping and screening provision. What type of landscaping will be installed and will there be any walls or fencing?
I. Unbuilt lot area provisions. Does the proposal meet unbuilt lot area requirements relative to the size and scale of the project? Explain.
J. Drainage improvements. Will the proposed change create a water drainage problem? Are there any floodplain or topographical issues that need to be addressed?
K. Signage and outdoor lighting. Does the proposed signage and outdoor lighting comply with the Town’s requirements?
L. Impacts on historical, cultural, wildlife or natural resources.
M. Impacts on public and private utilities or services. List all utility providers. What effect will the proposed change have on all public facilities and services, including but not limited to schools, parks, utilities, streets, access, fire prevention, police protection, etc.? Will the proposed change create fire suppression or fire safety problems?
N. Requests for a planned unit development containing fifty (50) or more dwelling units: an applicant should evaluate the following additional questions:
1. Public Participation. How has the applicant engaged the public? Has the applicant considered or held a neighborhood meeting?
2. Has the applicant completed a market study for the proposed project?
3. Is the proposed amendment necessary or advisable in light of current or future conditions?
4. What effect will the proposed change have on population density?
5. Will the proposed change adversely affect property values in the neighborhood?
6. Will the proposed change constitute a grant of special privilege to an individual owner?
7. Is the requested change consistent with the needs of the neighborhood and the Town?
8. Are there other relevant circumstances which exist? Please specify. (Ord. 15-393 § 1 (part): Ord. 11-358 § 3: Ord. 09-329 § 2 (Exh. A)(part))
17.128.050 Zoning regulations text amendments.
Applications for amendments to the text of these zoning regulations shall be accompanied by a proposed form of the ordinance adopting the amendment, and shall be submitted to the Community Development Department, and shall contain the following information:
A. The reasons for the requested amendment.
B. A discussion of the relationship of the amendment to the current zoning regulations, the General Plan, the Subdivision Code, or any other applicable ordinances, codes, rules, or regulations. (Ord. 15-393 § 1 (part): Ord. 09-329 § 2 (Exh. A)(part))
17.128.060 Public hearing required.
A. No zoning map amendment or zoning text amendment will be granted without the public hearing(s) and notice(s) required by Arizona Revised Statutes, Title 9, Chapter 4, Article 6.1.
B. A major amendment is defined in the currently approved General Plan. A major amendment shall address the applicable criteria listed in Section 17.128.040. All major amendments to the General Plan shall be presented at a single public hearing during the calendar year. All amendments other than major amendments can be heard at any properly scheduled public hearing. A zoning map amendment request may go to a public hearing concurrently with any amendments to the General Plan, if in compliance with state statutes.
C. In addition to the notice requirements set forth in subsection A of this section, notice of the public hearing for the requested zoning map amendment shall be posted on the Town Hall bulletin board, up to two (2) U.S. Post Offices within Town boundaries, and at such other places as may be required or provided by statute or Town ordinance. (Ord. 15-393 § 1 (part): Ord. 11-358 § 4: Ord. 09-329 § 2 (Exh. A)(part))
17.128.070 Planning and Zoning Commission recommendation.
After public hearing and consideration of the application, the Planning and Zoning Commission shall submit its recommendation for approval or disapproval of the application to amend the official zoning map or text of these zoning regulations to the Town Council. The recommendation shall include the Planning and Zoning Commission’s evaluation of the criteria listed in Sections 17.128.040 and 17.128.050 for proposed amendments to the zoning map or text. (Ord. 15-393 § 1 (part): Ord. 09-329 § 2 (Exh. A)(part))
17.128.080 Town Council action.
Amendments to the official zoning map or to the text of these zoning regulations shall be accomplished by ordinance of the Town Council, which ordinances shall be adopted as required by Arizona Revised Statutes. Ordinances authorizing amendments to the official zoning map shall clearly state the new zoning designation for the real property along with any additional conditions or restrictions required by the Town Council as a condition of the zoning change. These conditions or restrictions may include time restrictions for construction and development, density restrictions, agreements between the owner/developer and the Town, or other lawful conditions or restrictions imposed by the Town Council. (Ord. 15-393 § 1 (part): Ord. 09-329 § 2 (Exh. A)(part))
17.128.090 Fees.
The Town Council shall establish a schedule of fees for a zoning map amendment from time to time by resolution. (Ord. 15-393 § 1 (part): Ord. 09-329 § 2 (Exh. A)(part))