Chapter 17.108
ZONING TEXT AMENDMENTS AND ZONING MAP AMENDMENTS

Sections:

17.108.010    Purpose

17.108.020    Application

17.108.030    Initiation of a Zoning Text Amendment

17.108.040    Initiation of a Zoning Map Amendment (Rezoning)

17.108.050    Submittal Requirements

17.108.060    Procedure

17.108.070    Protest

17.108.080    Subsequent Applications

17.108.010 Purpose

In accordance with the provisions of Arizona Revised Statutes, the city council may, from time to time, adopt text amendments to this title and/or amend the official zoning map(s). Any person, including city staff, planning and zoning commission, and city council may propose amendments to the text of Title 17. Only the landowner (or landowners representing at least seventy-five (75) percent of the land area proposed for amendment), the zoning administrator or his/her designee, the planning and zoning commission, or city council may propose amendments to the zoning map. (Ord. 1016 (part), 2007)

17.108.020 Application

The petitioner shall schedule and attend a pre-application meeting before the city accepts any application. The purpose of the pre-application meeting is to discuss, in general, the procedures and requirements for either a zoning text amendment or a zoning map amendment (rezoning) pursuant to these regulations. Subsequent to the pre-application meeting, all applications shall be filed on a form provided by city staff and shall be accompanied by the required fee and all required materials as outlined in this title and/or the application. Depending upon the specifics of the amendment or rezoning, additional materials or studies may be required by the city in order to adequately review the application. (Ord. 1016 (part), 2007)

17.108.030 Initiation of a Zoning Text Amendment

Any person may request an amendment to the text of this title, following a pre-application meeting, by filing a completed application and submitting the required fee. The application must state the exact section of this title proposed for amendment, the proposed substitute wording (existing text proposed to be stricken, and/or new text proposed to be added), and the reasons for requesting the amendment. Graphic material should also be submitted if it would assist in understanding the benefits of the amendment. (Ord. 1016 (part), 2007)

17.108.040 Initiation of a Zoning Map Amendment (Rezoning)

An owner of real property within the city or that owner’s authorized representative may, upon proof of ownership, apply for an amendment of zoning district boundaries (rezoning) for that owner’s property following a pre-application meeting, by filing a completed application and submitting the required fee. The zoning administrator or his/her designee, planning and zoning commission, and the city council also may initiate such amendments. In the case where the rezoning application filed by a party other than the zoning administrator or his/her designee, planning and zoning commission, or city council includes other property, in addition to that owned by the petitioner, the application shall include the signatures of the real property owners representing at least seventy-five (75) percent of the land area proposed to be changed. (Ord. 1016 (part), 2007)

17.108.050 Submittal Requirements

All zoning map amendment (rezoning) applications shall include, at a minimum, the following information:

A.    An accurate map showing the particular property or properties for which the zoning map amendment (rezoning) application is being requested, and the adjacent properties, buildings and structures, land uses and zoning, and public streets and ways, all within a radius of three hundred (300) feet of the exterior boundaries of the subject property.

B.    A preliminary development plan, which, at a minimum, shall include the following:

1.    A site plan drawn to scale and in such a manner as to indicate, clearly and precisely, what uses are planned for the subject property.

2.    All buildings and structures, existing and proposed.

3.    Proposed block layout, street system, street dedications, improvements, and utility plans.

4.    Proposed reservation(s) for parks, parkways, playgrounds, recreation areas, pedestrian access and other open space.

5.    Off-street parking facilities including: number of spaces and dimensions of parking area, loading bays and service access drives.

6.    Proposed landscaping, including all native vegetation that will be salvaged, walls and fences, outdoor lighting, signs, and outdoor storage and activities.

C.    The city reserves the right to require additional information and material, and to require the submission of studies in order to adequately review the request. (Ord. 1016 (part), 2007)

17.108.060 Procedure

A.    A pre-application conference with the zoning administrator or his/her designee shall be scheduled and attended by the applicant.

B.    The petitioner shall submit a completed application, the required fees, and all materials and studies related to the development plan or the proposed text amendment.

C.    Once city staff has determined that the application package is complete, all applicable fees have been paid in full, and all necessary information has been submitted, the application will be forwarded to the appropriate reviewing agencies and city departments for comments, and a public hearing will be scheduled.

D.    Citizen Review Process. In order to give adjacent land owners and other potentially affected citizens an opportunity to express issues or concerns that they may have with a proposed zoning map amendment (rezoning) before a public hearing, the city hereby establishes the following citizen review process for an application for a rezoning.

The city may require, as a prerequisite to the planning and zoning commission public hearing for any rezoning, a neighborhood meeting to be conducted by the applicant. The purpose of the meeting shall be to provide information to the adjacent property owners and residents, and to allow the neighbors to express any issues or concerns regarding the proposed rezoning prior to the public hearing. The applicant shall be required to notify (at his/her expense) all landowners within three hundred (300) feet of the boundaries of the proposed development, the city of Winslow, and any neighborhood and/or homeowners’ associations on record with the city by first class mail no less than thirty (30) days prior to the scheduled planning and zoning commission meeting. The applicant shall submit documentation of the attendees and minutes of the meeting(s) to the city. An employee of the city shall attend the meeting(s), and shall verify applicant’s documentation of the meeting(s) by automated recording and/or manual note-taking. All meeting(s) shall be held within the city of Winslow corporate limits.

E.    In the event that the city does not require a neighborhood meeting pursuant to the above paragraph, the city shall post a written notice of a public hearing for the proposed zoning map amendment pursuant to A.R.S. 9-462.04 and shall send, via first class mail, copies of the proposed amendment to adjacent land owners with a statement on said notice that more information can be obtained from the planning and zoning department, and that written comments maybe provided to the planning and zoning department before the public hearing. The address and telephone number of the planning and zoning department shall be provided with said notice by mail and on the posting.

F.    The planning and zoning commission shall render a decision in the form of a written recommendation for: (1) approval, (2) approval with conditions, or (3) denial of the petitioned zoning map amendment (rezoning) or zoning text amendment. The recommendation shall then be forwarded to the city council unless withdrawn by the applicant.

G.    The city council shall: (1) approve, (2) approve with conditions, or (3) deny the proposed zoning text amendment or zoning map amendment (rezoning) request. Approval of a petition to rezone land may not be enacted as an emergency measure and the rezoning shall not become effective for at least thirty (30) days after city council approval, pursuant to ARS 9-462.04.

H.    In the instance when an application for a zoning map amendment is submitted concurrently with an application for a conditional use permit and/or subdivision plat approval, both applications may be presented and reviewed concurrently.

I.    Should the proposed zoning map amendment not be in conformance with the Winslow General Plan-Land Use Plan, as required by ARS 9-462.01, an application for an amendment to the Land Use Plan shall be submitted in accordance with ARS 9-461.06, and the Winslow General Plan. (Ord. 1044, 2007; Ord. 1016 (part), 2007: Ord. 736 Art. XI § C, 1997)

17.108.070 Protest

A three-fourths (3/4) vote by city council, as prescribed by ARS 9-462.04, shall be required if a protest petition is filed in accordance with said statute. The protest petition shall be filed in writing with the city clerk. (Ord. 1016 (part), 2007: Ord. 736 Art. XI § D, 1997)

17.108.080 Subsequent Applications

In the event that an application for amendment is denied by the city council or that the application is withdrawn after the planning and zoning commission hearing, the planning and zoning commission shall not accept another application for the same amendment within twelve (12) months of the original public hearing unless agreed upon by a three-fourths (3/4) vote of the planning and zoning commission. (Ord. 1016 (part), 2007)