GILA COUNTY ZONING ORDINANCE Last Updated December 2015
PAD–PLANNED AREA DEVELOPMENT
SECTION 105 AMENDMENT PROCEDURES
SECTION 105.1 AUTHORITY
The Board of Supervisors may, from time to time (after receiving a report thereupon by the Planning and Zoning Commission and after public hearings as prescribed herein), amend, supplement, or change the zoning map and/or Zoning Ordinance regulations. Any such proposed change may be initiated by the Planning and Zoning Commission or by the application of property owners or an authorized agent of a property owner.
SECTION 105.2 APPLICATION
Application for amendment shall be filed with the Community Development Division on forms provided therefore and shall be accompanied by the appropriate non-refundable fees. Upon submittal of a rezoning or specific plan application and prior to a public hearing, notification will be sent to adjacent landowners and other potentially affected citizens of the substance of the application. The applicant is responsible for written contact of all property owners within the notification area and of affected neighborhood associations, and shall offer to hold a meeting, with a specified date, for review of the proposed request. The applicant shall provide written proof of contact and offer of meeting to the Community Development Division at least thirty days prior to the date of the public hearing by the Planning and Zoning Commission. The request shall not be set for public hearing without such written proof.
A.An application to establish or change a zoning classification shall be initiated by a property owner, an agent authorized by the owner. Proof of ownership of the subject property or a notarized ‘authorized agent’ form shall be required.
B. An application to change regulations of this Zoning Ordinance which are initiated by the Gila County Planning and Zoning Commission or Gila County staff shall not require the fee.
C. A complete application form may require:
1. A detailed narrative justifying the application.
2. A legal description of the subject property.
3.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 three hundred (300) feet of the exterior boundaries.
4.A true statement revealing any restrictions of record that would affect the requested uses of the property and the applicable dates of expiration.
5.A preliminary site plan, depicting the proposed development or land use which is intended with the proposed amendment.
6.The Zoning Inspector shall determine requirements and may request other property information as he deems necessary to evaluate the proposed changes in land uses. Other information could include title reports, records of survey, easements establishing and depicting rights of use, existing topographic maps and similar.
SECTION 105.3 PLANNING AND ZONING COMMISSION ACTION
Upon receipt of any proposed amendment, the same shall be submitted to the Planning and Zoning Commission for a report. Prior to reporting to the Board of Supervisors, the Planning and Zoning Commission shall hold at least one public hearing thereon, after giving at least fifteen (15) days’ notice thereof by publication at least once in a newspaper of general circulation in the County seat, by posting the area included in any proposed Zoning Map change and by noticing property owners according to state law requirements. It shall not be the responsibility of the Board of Supervisors to maintain such posting once erected.
A.Prior to publishing and posting a petitioned Zoning Map change the Planning and Zoning Commission may, on its own motion, delimit the extent and boundaries of such area so as to constitute a reasonable zone.
B.Should the Planning and Zoning Commission initiate a proposed zoning amendment at the request of a person or persons, notice of such proposed change shall not be processed until the required filing fee has been paid.
C.In the event an application is denied by the Planning and Zoning Commission and/or Board of Supervisors, the Planning and Zoning Commission shall reserve the right of refusal to consider a similar application within a year of the date of application.
D.Failure of the Planning and Zoning Commission to report to the Board of Supervisors within sixty (60) days after date of application shall be deemed to be approval.
SECTION 105.4
BOARD OF SUPERVISORS’ ACTION
Upon receipt of the Planning and Zoning Commission’s recommendation, the Board of Supervisors may hold at least one public hearing within a reasonable time after first noticing in the same manner as is required of the Planning and Zoning Commission, and may thereupon take appropriate action.
A. If twenty percent (20%) or more of the owners of property by area and number within the zoning area file a protest to such change, the change shall not be made except by unanimous vote.
SECTION 106 BOARD OF ADJUSTMENT
SECTION 106.1 BOARD STRUCTURE AND PROCEDURE
A.There shall be one or more boards of adjustment in each county. The Board of Supervisors may establish one board of adjustment that has jurisdiction countywide and that is composed of one member who is a resident of each supervisorial district or one board of adjustment in each supervisorial district that has jurisdiction in that supervisorial district and that is composed of not less than three nor more than five members, each of whom is a resident of that supervisorial district.
B.The members of each Board of Adjustment shall be appointed for staggered terms of four years each.
SECTION 106.2 POWERS AND DUTIES
A. The Board of Adjustment may:
1.Interpret this Zoning Ordinance if the meaning of any word, phrase or section is in doubt, if there is dispute between the appellant and enforcing officer or if the location of a district boundary is in doubt.
2.Allow a variance from the terms of the Zoning Ordinance if, owing to peculiar conditions, a strict interpretation would work an unnecessary hardship and if in granting the variance the general intent and purposes of this Zoning Ordinance will be preserved.
3.Any decision of the Board of Adjustment may be appealed to the Board of Supervisors.
SECTION 106.3 HEARING APPLICATIONS
A hearing application shall be filed in the office of the Zoning Inspector on forms provided therefor, together with any fee and/or charge as provided herein, none of which is refundable. Such application, together with any pertinent records, shall forthwith be transmitted to the Board of Adjustment, and shall be available for inspection during office hours.
SECTION 106.4 APPEALS
A.Appeals to the Board of Adjustment may be taken by any person who feels that there is error or doubt in the interpretation of the Zoning Ordinance or that, due to unusual circumstances attaching to his property, an unnecessary hardship is being inflicted on him.
B.The appeal shall state whether it is a plea for interpretation or for a variance, along with the grounds for the appeal.
C.Any person aggrieved by a decision of the Board of Adjustment shall have the right, within thirty (30) days, to appeal to the Superior Court. The appeal shall be based on the record before the Board of Adjustment.
SECTION 106.5
HEARING AND RULINGS
A.A hearing shall be held by the Board of Adjustment within a reasonable time after filing of an application, after first causing notice to be given to parties of interest and the public, by posting the property of application, if a property is involved, and publishing once in a newspaper of general circulation in the County at least seven days prior to the hearing. It shall not be the responsibility of the Board of Adjustment or its agents to maintain the posting once erected.
B.Rulings shall be rendered by the Board on any application not later than thirty (30) days after initial hearing on same, unless an extension is concurred in by the applicant.
1.In approving an application, in all or in part, the Board may designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of these Zoning Ordinance regulations, and may require guarantees in such a form as it deems proper under the circumstances to insure that such conditions be complied with. Where any such conditions are violated or not complied with, the approval shall cease to exist, and the Inspector shall act accordingly.
2.The granting by the Board of permission to proceed on a specific development scheme or of a permit for a construction variance shall be contingent upon permits being obtained and work commencing within six months and being diligently pursued. Failure of such shall void the ruling unless a longer time has been granted by the Board.