Development Services staff with the Town of Fountain Hills has an ongoing project to review and update provisions of the Zoning Ordinance and have been working on Chapter 2, Procedures.
The Town …
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Development Services staff with the Town of Fountain Hills has an ongoing project to review and update provisions of the Zoning Ordinance and have been working on Chapter 2, Procedures.
The Town Council considered and approved changes to the latest section brought forward, amending the Zoning Ordinance related to definitions and zoning change requests.
In dealing with the comprehensive set of rules and regulations addressing land use, there will be challenges staying current with updates to technology, development processes, changes to state law as well as court rulings.
“This section provides the procedures for amending the zoning ordinance and for processing requests to amend the zoning designation on a piece of land,” Development Services Director John Wesley said in his staff report to the council.
The proposed amendments address portions of the entire process required to make a zoning change including definitions.
That includes the application submittal, review by staff, P&Z Commission consideration and Town Council, timelines and notice requirements required for all projects outlined by the ordinance, and it includes a process to protest proposed zoning changes.
The way neighbors might protest a proposed zoning change was updated to be consistent with current state law. Wesley outlined the neighborhood notice requirements as well as the standards needed for a protest petition, which addresses the number of property owners within 150 feet of the property in question, as well as a standard for property size. A successful protest petition means final action by the council will require a super majority vote (3/4) to approve the zoning application.
In sending its recommendation to the council, the Planning and Zoning Commission requested timelines that provide for timely review on behalf of the applicant. Wesley noted that staff policies provide for a timeline of action, but it is not written into the ordinance to allow for more flexibility for both staff and the applicant.
The council asked for an increase in the maximum allowance for a continuance to 90 days. There was also a provision that states the council cannot make changes to zoning boundaries on an application without returning it to the commission for review, and that time was increased from 60 to 90 days.
Councilwoman Brenda Kalivianakis expressed some concern regarding a requirement that all applications be submitted through an online portal. She said there may be people needing an application who are not tech savvy in submitting digital requests. Wesley said that has been the standard practice for all applications to the department since the online portal was installed some time ago. He noted that staff is always available to assist someone who needs help with submitting.
“The instructions online state anyone who is having difficulty with the digital application should call if they need assistance,” Wesley said.
The council unanimously approved the ordinance amendments.
We invite our readers to submit their civil comments on this issue. Email AZOpinions@iniusa.org. Bob Burns can be reached at bburns@iniusa.org.
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