SECTION 3
ADMINISTRATION

Subsections:

3.01    Planning and Zoning Commission

3.02    Board of Adjustment

3.03    Zoning Administrator

3.04    Design Review Board

3.05    Appeals of Required Dedications and Exactions and of Zoning Regulations Pursuant to A.R.S. §§ 9-500.12 and 9-500.13

3.06    Reconsideration of Certain City Council Decisions

3.07    Changes in Land Use Laws

3.01 Planning and Zoning Commission

a.    Purpose

The planning and zoning commission is created to provide analysis and recommendation of the city’s general plan, proposed development, rezoning and ordinance amendments to the council. Its purpose is to review all aspects of a proposed and future development including, but not limited to, present and projected growth of the city, site planning and the relationship of the development to the surrounding environment and the community. The commission recognizes the interdependence of land values, aesthetics and good site planning by promoting harmonious, safe, attractive and compatible development, that is therefore considered to be in the best interest of health, safety and general welfare.

b.    Organization

The commission shall consist of seven members. All members shall be residents of the city of Litchfield Park, and shall be appointed by the council. The word “commission,” when used in the code shall mean the planning and zoning commission. Members of the commission shall serve a term of three years and may be reappointed by the council to successive three-year terms. Any vacancy shall be filled by the council for the unexpired term. The members of the commission shall serve without compensation but may be reimbursed if said expenses are approved prior to incurral.

c.    Officers

Officers are limited to two consecutive terms in the same capacity.

1.    Chairman

The election of a chairman will be held at the first meeting after the new commissioners, appointed in March, have been sworn in.

2.    Vice-Chairman

The election of a vice-chairman will be held at the first meeting after the new commissioners, appointed in March, have been sworn in.

3.    Secretary

The commission shall designate one of its members or the appropriate municipal authority shall designate one of its employees of the city who is familiar with planning and zoning matters to act as secretary of the commission. It shall be the duty of the secretary to conduct all official correspondence of the commission, send out all notices required by law, code or these rules of procedure; to perform all the customary duties of the office; to be the custodian of the records of the commission; to supervise the clerical work and technical preparations necessary to the disposition of business before the commission; and to perform all other duties required by law, code or these rules of the commission.

4.    Legal Counsel

The city attorney, or his designated representative, shall be the legal counsel for the commission. Advice of counsel shall be received and entered in the minutes before disposition of any question of law or matter requiring legal interpretation or advice.

d.    Meetings

1.    Regular Meetings

The commission meeting dates and time are to be set at the same time as the election of the chairman and vice-chairman.

2.    Special Meetings

Special meetings for good cause may be held by the commission on call of its chairman or a quorum of members, which call shall be filed with the secretary, or as may be scheduled by a majority of the members at any previous meeting. The manner of the call shall be specified in the minutes of the special meeting, and at least 48 hours notice of the meeting shall be given to each member.

3.    Public Meetings

All meetings and hearings of the commission, except executive sessions, shall be open to the public. Any action calling for a formal vote shall take place only at a public meeting. The minutes of its proceedings, showing the vote of each member and records of its examinations and other official actions shall be kept and filed in the office of the planning department as a public record.

A quorum necessary for the transaction of business shall consist of a majority of the members of the commission. The business of the commission shall be transacted by the majority vote of members present. Robert’s Rules of Order shall be used in conducting meetings.

4.    Order of Business

The order of business and agenda shall be set by the chairman and notified to the public at least twenty four hours prior to the meeting. It shall include the following if pertinent:

A.    Roll Call - Roll is called by the secretary. A quorum must be present to transact business.

B.    Pledge of Allegiance.

C.    Reading and approval of minutes of previous meeting - the minutes are read by the secretary and approved by the commission members.

D.    Communications from council and call to the community.

E.    Business.

F.    Adjournment.

e.    Duties and Responsibilities

The commission shall be charged with the following duties and responsibilities:

1.    Preparation and/or review of all present, future, and proposed planning, zoning, and subdivision codes for the city and amendments thereto;

2.    The holding of public hearings on such proposed planning, subdivision, and building ordinances, and amendments thereto, and the making of recommendations to the council for action;

3.    The holding of public hearings when necessary and the making of recommendations to the council on matters concerning or relating to the creation of zoning districts, the boundaries thereof, the appropriate regulations to be enforced therein, the amendments of this code, the granting of use permits, and any other matter within the scope of zoning powers; and

4.    Reviewing, conducting public hearings as may be required, and making recommendations to the council, the board of adjustment, the design review board, or the zoning administrator, whichever is applicable, for action on all requests for plans of development, subdivisions, zoning clearances referred by the zoning administrator, and the interpretation of the

city’s planning, subdivision, and building ordinances.

5.    Approve or deny requests for the granting of use permits required and stipulated by this code.

6.    Hear requests for planned developments and subdivisions and in connection with said requests recommend approval, denial, or approval with revisions upon such requests to the council, as requested by the council or zoning administrator.

f.    Official Records

1.    Definition

The official records shall include these rules and regulations, and the minutes of the commission together with all findings, decisions and other official actions.

2.    Recording of Vote

The minutes shall show the vote of each member on every question on which the commission is required to act, or if absent, or if failing to vote, and shall indicate that fact.

3.    Files - Retention

All applications and other matters coming before the commission shall be filed in city hall in accordance with the general file system. Original papers of all applications shall be retained for not less than three years after date of application. The secretary shall keep a permanent file of all plats, maps, charts, reports, resolutions, notices, correspondence, or other matter filed with or issued by the commission.

4.    Public Record

All of the records of the commission shall be public records and shall be open to public inspection during customary working hours. The commission shall arrange with the council to provide for the safekeeping of the records of the commission. (Ord. 14-198 § 1 (part); Ord. 05-100 § 1 (part); Ord. 04-91 § 1 (part); Ord. 99-53 § 1; Ord. 96-37 § 1 (part); Ord. 96-33 § 1 (part))

3.02 Board of Adjustment

a.    Purpose

The board of adjustment is an administrative body with responsibility for determining when exceptional or extraordinary conditions exist that will cause an unnecessary hardship not created by the applicant or property owner. The board shall also hear appeals from administrative decisions based on this code.

b.    Organization

The board shall consist of five members. The membership shall be composed of the members of the design review board as set forth in Section 3.04(b). The board shall select a chairman and vice-chairman at the first meeting after March 1st of each year.

c.    Meetings

All meetings of the board shall be held at the call of the chairman and at such other times as the board of adjustment may determine. All meetings of the board shall be open to the public.

d.    Rules

The board shall make and publish rules and regulations to govern its proceedings.

e.    Records

The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be of public record and be filed in the office of the city clerk.

f.    Powers and Duties of the Board

The board shall hear all applications for variances from the provisions of the code. The board shall determine when exceptional or extraordinary circumstances exist that will cause an unnecessary hardship not created by the applicant or property owner. The board shall also hear appeals from administrative decisions based on the code.

g.    Public Hearing and Notice

1.    Public Hearing

Upon receipt in proper form of an application for a variance, the board shall proceed to hold a public hearing on the application following the posting of a public notice as prescribed below.

2.    Notice

Notice of the public hearing shall be given in the following manner:

A.    Notice of the time, date and place of the hearing including a general explanation of the matter to be considered and including a general description of the area affected shall be given at least fifteen days before each hearing. The notice shall state that anyone wanting to protest may appear in person or by writing. Each notice of public hearing shall be published at least once in a newspaper of general circulation, circulated in the city of Litchfield Park, and posted at city hall, the public library, and at other locations in the city that the city clerk may deem necessary or advisable.

B.    Notice of the time, date, and place of the hearing on the variance shall be posted on the affected property.

C.    Notice of the time, date, and place of the hearing for interpretation or variance shall be mailed by certified mail at least fifteen days in advance to the owner and applicant or his agent.

D.    Notice of the time, date, and place of hearings on variances shall be sent to all owners of property within three hundred feet of the affected property. The failure of a property owner to receive notice shall not invalidate an action if a good faith attempt was made to comply with the requirements of the code for notice. In addition to persons who receive notice as required by the matter under consideration, the city may provide notice to others if it has reason to believe that they are affected or otherwise represent an interest that may be affected by the proposed interpretation or variance.

h.    Appeals from Administrative Decisions

The board shall hear appeals from administrative decisions made by administrative official(s) who interpret or enforce this code. Appeals shall be filed within thirty days of such decisions in the form prescribed by the board, except appeals shall be filed within a shorter time period of specifically so provided in this code. The board may grant appropriate relief to persons aggrieved. The board shall determine those matters over which it has jurisdiction.

1.    An appeal shall stay all proceedings in the matter appealed from, unless the office from whom the appeal is taken certified to the board that, by reason of the fact stated in the certificate, the stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the board or by a court of record on application and notice to the officer from whom the appeal is taken. The board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties in interest and the public.

2.    The concurring vote of the majority of the board shall be necessary to reverse any order or decision of an administrative official, or to pass or to affect any variations from the terms and conditions of this zoning code.

i.    Findings and Actions by the Board

1.    A variance from the provision of this code shall not be authorized unless the board shall find upon sufficient evidence:

A.    That there are special circumstances or conditions applying to the land, building or use referred to in the application which do not apply to other properties in the district; and

B.    That such special circumstances were not created by the owner or applicant; and

C.    That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and

D.    That the authorizing of the application will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or the public welfare in general.

2.    The board shall prescribe in connection with any variance such conditions as it may deem necessary in order to fully carry out the provisions and intent of this zoning code. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this code and such violation shall render the variance null and void.

j.    Review of Board Decisions

A person aggrieved by a decision of the board or a taxpayer, officer, or department of the municipality affected by a decision of the board, may, at any time within thirty days after the board has rendered its decision file a complaint for special action in the superior court to review the board decision. Filing the complaint does not stay proceedings on the decision sought to be reviewed, but the court may on application, grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed. (Ord. 14-198 § 1 (part); Ord. 97-42 § 1 (part))

3.03 Zoning Administrator

a.    Purpose

The purpose of the office of zoning administrator is to enforce the zoning code through the building permit process, subdivision review process, code enforcement, and related techniques as defined, to parallel the local planning, zoning, and land development procedures.

b.    Organization

In the city of Litchfield Park, the office of zoning administrator shall be filled by the city manager or his designee.

c.    Authority and Duties of the Zoning Administrator

1.    Shall enforce the provisions of this code;

2.    Shall carry out all administrative actions required by the zoning code, including the giving of notice, preparation of reports, and receiving and processing appeals;

3.    Subject to the supervision and general and specific policy laid down by the city, shall interpret this code to members of the public, city departments, and to other branches of government;

4.    Shall review and make recommendations with respect to all complete applications for zoning to the commission at the time of such referral;

5.    Shall examine premises for which zoning has been requested;

6.    Shall make necessary inspections in accordance with rules of procedure established under Section 3.03-c-12 to secure compliance with the provisions of this code.

7.    Shall, when requested by the council and/or the city manager or when the interests of the city so require, make investigations in connection with any matter referred to in the code and render written reports thereof;

8.    Grant, for a period of time not to exceed thirty days, or deny applications for temporary use permits;

9.    Shall receive applications for zoning as required by the code;

10.    Shall keep careful and comprehensive records of applications for zoning, of inspections made, of reports rendered and of notices or orders issued. He shall further retain on file, copies of all papers in connection with zoning applications for such time as may be required by law;

11.    Shall have the authority to administratively approve minor design review applications filed with the design review board. Minor design review applications include:

A.    Exterior finishes and color changes consistent with the color palette adopted by the design review board;

B.    Rear patio additions not visible from public areas or streets and not exceeding five hundred square feet of covered area;

C.    Landscaping changes to design review board-approved landscape plans, but utilizing the same quantity and size of landscape materials;

D.    Site plan revisions to design review board-approved site plans involving not more than five percent of the site area;

E.    Yard walls on interior residential lots that have little or no exposure to public areas;

F.    Other applications that the board determines are minor;

Administrative design review approvals shall not result in a reduction of any development standard and shall not significantly alter the design character established by the design review board;

12.    Shall have the authority to approve, deny, or approve with conditions minor design review applications; and

13.    May adopt rules and procedures consistent with the code for the implementation thereof.

d.    Referral to Planning and Zoning Commission

The zoning administrator may and, in the case of any application for zoning clearance other than one pertaining solely to a single-family dwelling, shall refer complete applications for zoning to the commission for its review and recommendation. Such referral shall be accompanied by the recommendation of the zoning administrator, and shall be made within fifteen days after receipt by the zoning administrator of a complete application. The commission shall review such application and shall deliver its own recommendation thereon to the zoning administrator within forty-five days of the referral of the application to the commission by the zoning administrator. The zoning administrator shall render a decision with respect to the application within ten days after receipt of the commission’s recommendation, but in no event later than seventy days after receipt of the complete application.

e.    Time Limits

The zoning administrator shall act upon any application or other matter brought before him for decision within forty-five days of the date of filing or within such longer period of time as may be agreed to by the zoning administrator and applicant. If no decision has been made at the expiration of such time limit, the application shall be deemed to have been approved and further administrative review of said application shall be suspended. (Ord. 07-133 § 1 (part); Ord. 04-91 § 1 (part))

3.04 Design Review Board

a.    Purposes

The general purposes of design review are to protect public health, safety, and general welfare, and to preserve and enhance property values by promoting and maintaining a functional and aesthetic community character based on sound site planning, urban design, architecture, landscape design, and energy efficiency, consistent with the general plan, zoning code and design guidelines of the city. Design review will enhance the city’s distinctive character and attractiveness as a resort center and enrich the lives of all the residents of Litchfield Park by promoting harmonious, safe, attractive, and compatible development in furtherance of public health, safety, and general welfare.

More specifically, design review is intended to ensure that:

1.    Adopted design guidelines are applied consistently to developments subject to design review approval in the city;

2.    Siting and architectural design of structures harmonizes visually with neighboring development and creates a built environment that is safe and aesthetically pleasing;

3.    The arrangement of buildings, parking areas, drive aisles, storm water retention areas, pedestrian ways and other features of the site combine to create a functional project consistent with the city’s development objectives and that is convenient for users of the property;

4.    Unsightly uses, features or activities are screened from public view and from adjacent property, and dissimilar uses are separated by buffers to prevent conflicts, promote privacy, and maintain property values;

5.    Landscaping provides a visually pleasing setting for structures on the site, complements the architecture of the project, blends harmoniously with the surrounding landscape, contributes to the streetscape, conserves water, does not conflict with public or private utilities, and is suited to the site and the area’s climatic conditions;

6.    Project materials and colors are appropriate to the architectural style of the structures, suited to the desert climate, complement neighboring properties and project a high quality image; and

7.    Signage, building graphics, exterior lighting, and other decorative structures and features are compatible with the design of the structure(s) and with the architectural character of the surrounding area.

b.    Applicability

1.    Design review approval is required prior to issuance of a building or sign permit for any new:

A.    Commercial and residential construction.

B.    Walls, fences and other screening devices.

C.    Signs.

D.    Commercial and subdivision common-area landscaping.

E.    Solar energy collector panel installations.

2.    Design review approval is required for any substantial alteration of walls, fences and other screening devices, signs, commercial and subdivision common area landscaping, and any alteration of or modification to the exterior of commercial and residential construction.

c.    Organization

1.    There is hereby created a design review board consisting of a council member, a planning and zoning commission member, and three public members who shall be appointed by the council; two of whom shall be architects, landscape architects or persons otherwise qualified by design background training or experience; and one of whom shall represent the general public. Public members shall be appointed to serve two-year terms; members of the council and the commission shall serve one-year terms.

2.    Meetings of the design review board shall be open to the public and shall be at the call of the chairman, or at such other time as the rules of the design review board may determine. The design review board shall select a chairman and vice chairman at the first meeting after the new board members, appointed in September, have been sworn in. Minutes of the design review board’s proceedings, showing the vote of each member and other official actions, shall be kept in the office of the city clerk as a public record.

3.    The design review board may adopt by-laws and rules as it deems necessary (subject to council approval) for the time and place of its meetings and such other matters relative to its work and administration of its duties which are not otherwise provided for by statute, ordinance or resolution.

d.    Powers, Duties, Jurisdiction

1.    The design review board shall review applications for design review and may approve, conditionally approve or deny such applications.

2.    The board’s action shall be based solely on the design guidelines and site design regulations set forth in Section 39; landscaping regulations set forth in Section 30; Section 31.22, Solar Energy Collector Panels; sign regulations set forth in Section 35; and the site plan regulations set forth in Section 37. The design review board may consider any action taken or recommendation of a homeowner’s or property owner’s association with respect to the design of the structure.

3.    For nonresidential and mixed-use planned developments, the board may approve a design package that deviates from the design guidelines set forth in Section 39, landscaping regulations set forth in Section 30, solar energy collector panel installation regulations set forth in Section 31.22, the sign regulations set forth in Section 35, and the site plan regulations set forth in Section 37, if it determines that the proposed design meets the goals set forth in those sections. The board shall require, as a condition of approval for nonresidential uses or mixed-use planned developments, a document establishing design guidelines in text and graphic illustrations as a reference for subsequent improvements, construction or reconstruction on the subject site.

4.    The design review board may impose such reasonable conditions as it may deem necessary in order to fully carry out the provisions and intent of this section. Violations of any such condition shall be a violation of this section and such violations shall render any permit null and void.

5.    The board shall not hear applications for design review for properties that do not comply with applicable zoning or subdivision plat approval unless the application is being processed concurrently with such zoning or subdivision plat approval.

e.    Administration

1.    Application

Applications shall be made by the owner of the property or his authorized agent. If the applicant is not the property owner, a letter from the property owner authorizing the agent to act in his behalf shall accompany said application.

A.    City staff shall prescribe the form and content of applications and necessary accompanying data. The application shall be filed with the city manager or his designee and be accompanied by payment of the applicable review fee, no part of which is returnable.

B.    An application shall be accompanied by a fee as authorized in Section 5; and set forth on the fee schedule kept on file in city hall.

2.    Findings

A.    The design review board may deny an application if it finds that any requirements of this section, the general plan, or the development policies and standards of the city of Litchfield Park have not been complied with.

B.    The design review board may approve an application if it finds that:

I.    All provisions of the code of the city of Litchfield Park have been complied with.

II.    Where applicable, all provisions of master plans, the general plan, and development policies and standards of the city of Litchfield Park have been complied with.

III.    Prior to design review board approval of specific improvements for a municipal use, a master site plan for ultimate development of that municipal use shall have been approved by the city council.

3.    Expiration of Approval

A.    The approval of plans for development shall become effective on the thirty-first day after approval if no appeal is filed and shall expire and become null and void one year from the date of approval if a building permit has not been issued, unless a different time period is made a condition of design review board approval. This requirement shall not apply to planned development site plans for municipal uses.

B.    A one-time extension of approval for up to one year may be granted if the applicant files for the extension prior to the approval becoming void and the design review board finds that the reasons justify extension of approval.

4.    Enforcement

A.    Prior to the issuance of a building permit for any project subjected to design review, the building inspector shall ascertain that the permit application complies with the plans approved by the design review board and that the time limitations imposed by this section or the design review board have not elapsed. The design review board requirements shall be incorporated and shall become conditions of the issued building permit.

B.    The building inspector of the city shall insure that all matters approved by the design review board are undertaken and completed according to the approval of the design review board and is hereby authorized and required to cause to be stopped any work attempted to be done without or contrary to the approval of the design review board and shall cause any violator to be prosecuted.

f.    Appeal and City Council Review

1.    The approval, with or without conditions, or denial by the design review board of an application shall be final unless within thirty days from the date of the design review board’s decision the applicant shall appeal therefrom in writing to the council. Such appeal shall be in writing in care of the city clerk, shall be accompanied by payment of an appeal fee as authorized in Section 5 and set forth on the fee schedule kept on file in city hall, and shall indicate where, in opinion of the appellant, the design review board was in error. The city clerk shall schedule the appeal for a council agenda, and the council shall uphold, modify or overrule the decision of the design review board. The decision of the council shall be final.

2.    A member of the council may appeal a decision of the design review board and the council shall uphold, modify or overrule said decision. Notice of such council-initiated review of any decision of the design review board shall be given to the applicant by the city clerk within thirty days after action upon the application in question or the decision of the design review board shall be deemed to be final and binding upon the city of Litchfield Park.

g.    Compliance

1.    Any failure to comply with the process and procedures of this section by any person shall be prohibited and unlawful and such person shall be deemed to be guilty of a misdemeanor punishable upon conviction in accordance with the general penalty provisions of the code of the city of Litchfield Park, Arizona, and further, in addition to other remedies, the provisions of this section may be enforced by means of injunctive relief.

2.    Prior to any building being occupied, there must be full compliance with all applicable requirements of the design review board. (Ord. 13-191 § 1 (part); Ord. 11-167 § 1 (part); Ord. 07-133 § 1 (part); Ord. 07-130 § 1 (part); Ord. 96-37 § 1 (part))

3.05 Appeals of Required Dedications and Exactions and of Zoning Regulations Pursuant to A.R.S. §§ 9-500.12 and 9-500.13

a.    Appeals

Appeals of a required dedication or exaction filed pursuant to A.R.S. § 9-500.12 and of a zoning regulation alleged to create a taking pursuant to A.R.S. § 9-500.13 shall comply with the procedures of this section and A.R.S. § 9-500.12(G). No fee shall be charged for the appeal. Appeals shall only be filed by a property owner. Appeals shall be filed on a form established by the city within thirty days of the date of the final action imposing the dedication or exaction or adopting or amending the zoning regulation. The city shall notify the property owner of the right to appeal pursuant to this section and provide a description of the appeal procedure.

b.    Notice of Hearing

The property owner shall be given at least ten days’ written notice of the time and place of the hearing by certified mail. The property owner may agree to a shorter time for such notice.

c.    Hearing

The hearing shall not be a public hearing. Prior to the hearing, the city shall submit a takings report to the zoning hearing officer. The hearing shall be held not later than thirty days after the appeal is filed.

d.    Appeals Filed Pursuant to A.R.S. § 9-500.12

An appeal of a required dedication or exaction as a condition of approval for the use, improvement or development of real property shall comply with this subsection. No appeal of a dedication or exaction may be filed under this subsection if the dedication or exaction is imposed by a legislative act of the city council that does not give discretion to a city official or city department to determine the nature or extent of the dedication or exaction.

1.    Findings

In determining whether a dedication or exaction is in violation of the law, the city has the burden to establish that:

A.    There is an essential nexus between the dedication or exaction and a legitimate governmental interest of the city; and

B.    The required dedication or exaction is roughly proportional to the impact of the proposed use.

2.    Decision

If the zoning hearing officer finds that the city has not met its burden as described in subsection (d)(1) of this section, the zoning hearing officer may modify or delete the dedication or exaction requirement. If the zoning hearing officer finds that the city has met its burden, the zoning hearing officer may affirm the dedication or exaction requirement. The zoning hearing officer shall decide the appeal within five working days after the appeal is heard.

e.    Appeals Filed Pursuant to A.R.S. § 9-500.13

An appeal of the adoption or amendment of a zoning regulation by the city council alleged to create a taking shall comply with this subsection.

1.    Findings

In determining whether an adopted or amended zoning regulation creates a taking of property in violation of A.R.S. § 9-500.13, the city has the burden to establish that the zoning regulation does not create a taking. The zoning hearing officer shall consider whether the zoning regulation would deny all economic use of the property. In determining whether the action would deny the owner all economic use of the property, the zoning hearing officer shall consider the following factors:

A.    Uses Permitted

Evaluation of the range of uses allowed under the general plan and this code.

B.    Economic Impact Study

Any economic impact study submitted related to the impact of the conditions of an amendment on the property.

2.    Decision

If the zoning hearing officer finds that the city has not met its burden as described in subsection (e)(1) of this section, the zoning hearing officer shall transmit a recommendation to the city council and the city council may reconsider its prior action. If the zoning hearing officer finds that the city has met its burden, the zoning hearing officer may affirm the zoning regulation. The zoning hearing officer shall decide the appeal within five working days after the appeal is heard.

f.    Appeal of Decision of Zoning Hearing Officer

A property owner aggrieved by a decision of the zoning hearing officer to modify or affirm a dedication or exaction requirement or to affirm a zoning regulation may file within thirty days after the decision a complaint in superior court, pursuant to A.R.S. § 9-500.12(G). (Ord. 04-91 § 1 (part))3.05

3.06 Reconsideration of Certain City Council Decisions

a.    Request for Reconsideration

An applicant may request a reconsideration of a city council decision on any of the following grounds:

1.    An alleged violation of the fair housing act;

2.    An alleged violation of the Americans with Disabilities Act or Arizonans with Disabilities Act;

3.    An alleged violation of the Religious Land Use and Institutionalized Persons Act or the Arizona Free Exercise of Religion Act; and

4.    An alleged violation of the telecommunications act.

b.    Reconsideration Procedure

1.    Time of Filing

The request for reconsideration shall be filed within ten days of the city council decision.

2.    Fact Finding Hearing

A.    Prior to reconsideration by the city council, the zoning hearing officer shall conduct a fact-finding hearing to gather a complete record of all information pertaining to the request.

B.    The zoning hearing officer shall have the authority to request all information necessary to compile a complete record pertaining to the request.

C.    City officials and the applicant shall fully disclose all information relevant to the fact finding.

D.    The zoning hearing officer shall prepare a report and recommendation for city council consideration within sixty days of the filing of the request.

3.    City Council Reconsideration

A.    The city council shall conduct a public hearing on the request.

B.    In its deliberation, the city council shall consider only the applicant’s written request, the findings of fact prepared by the zoning hearing officer, and the zoning hearing officer’s recommendation. No new evidence shall be submitted.

C.    The city council shall uphold, reverse, or modify its prior decision or remand the matter to the zoning hearing officer to develop additional findings. (Ord. 04-91 § 1 (part))

3.07 Changes in Land Use Laws

a.    Applications for Change in Land Use Laws; Waiver

1.    Any property owner applying for a change in a land use law shall include, as part of its application, an agreement to waive claims for diminution of value in a form prescribed by the city consistent with A.R.S. § 12-1134 and executed by all owners of the property. Prior to and as a condition of final approval of a change in a land use law, the city may require execution of an updated agreement by the property owner(s) of record. The applicant shall verify property ownership by submitting a title report. The waiver will be recorded by the city.

2.    A change in land use regulations includes, but is not limited to, amendments to the zoning map, general plan land use designations, a use permit, variance or annexation.

b.    Claims for Diminution in Property Value

1.    Filing of Claim

Any claim for diminution in property value pursuant to A.R.S. § 12-1134 due to a change in a land use law shall be filed with the city clerk. All claims for diminution in value pursuant to A.R.S. § 12-1134 shall be filed on a form prescribed by the city.

2.    City Review

After a claim is filed, city staff shall review the claim to determine whether the enactment or application of a land use law has diminished the value of the claimant’s property. A certified land appraiser, economist, or other qualified expert may be consulted by staff to determine the amount of the diminishment of value, if any.

3.    Staff Recommendation

The city manager shall prepare a recommendation to council to deny the claim, pay compensation for diminishment in value or rescind or modify the land use law.

4.    City Council Determination

Within ninety days of the filing of the claim, the city council shall make a determination whether to deny the claim or pay compensation, rescind or modify the land use law or its application to the claimant’s property. The city council’s determination shall be made in writing and a copy shall be provided to the claimant. Any rescission or modification of the application of a land use law to an individual property shall be recorded in the office of the Maricopa County recorder.

5.    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 an administrative claim against the city. (Ord. 07-134 § 1 (part))