2.01 Amendments or Zone Changes | Fountain Hills Zoning Ordinance

Section 2.01 Amendments or Zone Changes

A. Purpose. The Council may, from time to time as public necessity, convenience, general welfare, and/or good zoning practice requires, change the district boundaries or amend, change, repeal or supplement the regulations herein established. Such change or amendment may be initiated by the Council or the Planning and Zoning Commission. Owners of real property, either directly or through an authorized representative, may apply to change the zoning district designation of their property. All requests to amend these regulations or change zoning boundaries shall be processed as provided in this section.

1. Complete Application. Applications for change of district boundaries shall be filed electronically on the Town’s website by an owner of the real property proposed to be changed using the process established by the director for such applications. All such applications shall include the information set forth in this subsection B.

2. Project Narrative. A written statement which includes:

a. A narrative describing the existing zoning, proposed zoning, desired use of the property, and reasons justifying the proposed change in zoning and its consistency with the general plan.

b. A map showing the particular property or properties for which the change of zone is requested and substantially the adjoining properties and the public streets and ways within a radius of 300 feet of the exterior boundaries thereof.

c. A true statement revealing any conditions or restrictions of record (if any) which would affect the permitted uses of the property if rezoned as requested and the date or dates (if any) of expiration thereof.

d. Such photographs, drawings, and other supporting documents (if any) as the applicant may desire to present.

3. Tentative Development Plan. For projects that will result in development or redevelopment of a tract, parcel, or lot, the rezoning request shall include a tentative development plan, drawn to scale. Subsequent site plans must substantially conform to the tentative plan submitted as part of the application for a change of district boundaries. The tentative development plan shall show, as applicable, the following:

a. Topographical description showing existing and proposed grades and drainage systems, and natural and manmade features with indication as to which are to be retained and which are to be removed or altered.

b. Proposed street system.

c. Proposed block layouts.

d. Proposed reservation for parks, parkways, playgrounds, recreation areas and other open space.

e. Types and uses of structures.

f. Location of structures, garages and/or parking spaces.

g. A tabulation of the total number of acres in the proposed project and a percentage thereof designated for the proposed structures.

h. Preliminary plans and elevations of the structure types. Single-family residential subdivisions are exempt from this requirement.

i. A preliminary landscape plan.

4. Citizen Participation Plan. A copy of the citizen participation plan as required by Section 2.08.

5. A list of names and addresses for all property owners within 300 feet of the exterior boundaries of the property for which an application is made.

6. Filing Fee. Payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the change or amendment is initiated by the Council or the Commission or when the applicant is the Town, school district, special purpose district, county, state or federal government.

1. Determination of Complete Application. Before initiating review, the Development Services Director, or designee, shall review the submittal to determine if it is complete and meets the requirements of this section. Applicants will be notified of missing or incomplete application items. Once an application has been determined to be complete the applicant will be notified to pay the application fee. When the fee has been received, staff will begin review of the application.

2. Review. Utilizing standard review timelines and procedures, staff will conduct review and analysis of the proposed rezoning and development and will seek additional information and clarification from the applicant as necessary to prepare a report and recommendation to the Planning and Zoning Commission.

3. Planning and Zoning Commission and Town Council Review. After staff review and proper noticing, the rezoning or zoning text amendment will be scheduled for public hearings by the Planning and Zoning Commission and Town Council. For rezone changes, unless the applicant requests a delay in writing, staff shall place the requests on a Planning and Zoning Commission meeting agenda within three (3) months of receiving a complete application. After public hearing, the Planning and Zoning Commission will make a written recommendation to the Town Council. The request will be placed on the next available council agenda at least twenty-eight (28) days after the Planning and Zoning Commission action.

D. Notice. Notice of hearings by the Planning and Zoning Commission and the Town Council under this section may be provided separately or concurrently in the same notice. Hearing notices shall be given at least fifteen (15) days before the hearing in the following manner:

1. For changes to zoning district boundaries:

a. Notice of the time and place of the hearing(s) including a general explanation of the matter to be considered and a general description of the area affected shall be published at least once in a newspaper of general circulation published or circulated in Fountain Hills.

b. One (1) or more notices, as required by the Director, shall be posted on the property requesting the zoning amendment. The sign shall be a minimum two (2) feet wide by three (3) feet tall and printed with the word “zoning” in a minimum three and one-half (3 1/2) inch letters at the top. The notice shall also include: the present zoning district classification, the proposed zoning district classification, the proposed use of the property, and the location, date and time of the hearing(s). It shall be the responsibility of the applicant to erect and maintain the posting.

c. Notice of the time and place of the hearing(s) including a general explanation of the matter to be considered and a general description of the area affected shall be sent by first class mail to each real property owner, as shown on the current records of the county assessor, within 300 feet of the property requesting the zoning amendment.

2. For amendments to the zoning ordinance:

a. Notice of the time and place of the hearing(s) and the changes to the zoning ordinance shall be published at least once in a newspaper of general circulation published or circulated in Fountain Hills. The changes shall be published in a “display ad” covering not less than one-eighth (1/8) of a full page. The Town shall also send notice by first class mail to persons who register their names and addresses with the Town as being interested in receiving such notice. The Town may charge a fee not to exceed five dollars ($5.00) per year for providing this service.

3. If a properly noticed hearing is held and continued to a date certain, the notice procedures set forth in this subsection do not apply to the continued hearing or any future continuations of the same hearing that are continued in the same fashion.

4. Notwithstanding the notice requirements set forth in this subsection, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of a municipality for which the notice was given.

1. The Director shall fix a reasonable time for the hearing of the proposed zone change, amendment, or addition and shall give notice in accordance with the notice requirements in Section 2.01(D).

2. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state their name and town, and, if appearing on behalf of a person or organization, state the name and town of the person or organization being represented. The Presiding Officer may establish time limits for individual testimony and may require that individuals with shared concerns select one (1) or more spokespersons to present testimony on behalf of those individuals.

3. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest on any matter to be heard by it. Such investigation may be made by a committee of one (1) or more members of the body conducting the hearing or by members of its staff or its agents or employees. The facts established by such investigation shall be submitted to the body conducting the hearing either in writing, to be filed with the records of the matter, or in testimony before the body, and may be considered by the body in making its decision.

4. The body conducting the hearing shall cause a written summary of all pertinent testimony heard at such public hearing, together with a record of the names and addresses of all persons testifying, to be prepared and filed with the papers relating to such matter.

1. If the owners of twenty percent (20%) or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property file a protest in writing against a proposed amendment, the change shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the Town Council. If any members of the Town Council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths (3/4) of the remaining membership of the Council; provided, that such required number of votes shall not be less than a majority of the full membership of the legally established Council. For the purposes of this subsection, the vote shall be rounded to the nearest whole number. A protest filed pursuant to this subsection shall be signed by the property owners opposing the proposed amendment and filed in the office of the Town Clerk not later than 12:00 noon one (1) business day before the date on which the Council will vote on the proposed amendment or on an earlier time and date established by the Council.

2. For the purposes of this section, “zoning area” means both of the following:

a. The area within one hundred fifty (150) feet, including all rights-of-way, of the affected property subject to the proposed amendment or change; and

b. The area of the proposed amendment or change.

1. Planning and Zoning Commission. The Planning and Zoning Commission:

a. May recommend approval, approval with conditions, or denial, or may continue a proposed amendment.

b. May for any reason, when it deems such action necessary or desirable, continue such hearing to a time and certain place. However, if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance, the matter shall be automatically forwarded to the Council with a recommendation for denial.

c. Shall, unless waived by the applicant within ninety (90) days after the date of the original hearing, render its decision in the form of a written recommendation to the Council.

d. Shall include the rationale for its recommendation.

2. Town Council. The Town Council:

a. May approve, approve with conditions, deny, continue, or remand back to the Planning Commission for further study of boundary changes and/or a proposed amendment.

b. May, once the Commission has held a public hearing, adopt the recommendations of the Commission without holding a public hearing if there is no objection, request for public hearing, or other protest. Following proper notice as required in Section 2.01(D), the Council shall hold a public hearing if requested by the party aggrieved or any member of the public or of the Council. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission as specified in subsection D of this section. In addition, the Town may give notice of the hearing in such other manner, as it may deem necessary or desirable.

c. Shall not make any changes in any proposed zoning district boundaries or zoning district classification recommended by the Commission until such proposed changes have been referred back to the Commission for a report. Failure of the Commission to file a report back to the Council within a specified time response period shall be deemed to be approval of the proposed changes. The specified time period for a Commission response shall be sixty (60) days from the date of receipt of the recommended change(s), unless the Commission requests and the Council grants an extension of an additional sixty (60) days.

d. May, at the time of rezoning, establish a schedule for development of the specific use or uses for which rezoning is requested. If, at the expiration of this period, the property has not been improved for the use for which it was conditionally approved, the Town, after notification by certified mail to the owner and applicant who requested the rezoning, may schedule a public hearing to take administrative action to extend, remove or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.

H. Reconsideration of Denied Amendments. In the event that an application for an amendment is denied by the Council, or is withdrawn after the Commission hearing, the Commission shall not consider the application or any other application for the same amendment of this section as it applies to the same property described in the original application, or any part thereof, within a period of one (1) year from the date of such denial action, or withdrawal unless the conditions, upon which the original denial or withdrawal was based, have changed.

I. Rezone to Open Space. In addition to the procedural regulations contained in this chapter, all of the following procedures are required to be met prior to rezoning land to the OSR or OSC or OSP zoning districts:

1. The property owner(s) and any lienholders of record shall specifically request, in writing, that the zoning district designation be applied to their property.

2. The property owner(s) and any lienholders of record shall sign a forbearance agreement that would be recorded in the office of the Maricopa County Recorder, stating that:

a. If the property is to be rezoned to the Open Space Recreational Zoning District, that the owner has voluntarily requested a zoning district designation that provides for little economic use of the property and that the owner is fully informed and aware of this fact.

b. If the property is to be rezoned to the Open Space Conservation Zoning District, that the owner has voluntarily requested a zoning district designation that provides for no viable economic use of the property and that the owner is fully informed and aware of this fact.

c. If the property is to be rezoned to the Open Space Preservation Zoning District, that the owner has either voluntarily requested, or has agreed to, a zoning district designation that provides for little economic use of the property and that the owner is fully informed and aware of this fact. (23-15, Amended, 12/19/2023)