8.6.A Rezoning (Zoning Map Amendment) | Sedona Land Development Code

A. Rezoning (Zoning Map Amendment)

a. The purpose of the rezoning procedure is to make amendments to the Official Zoning Map of the City of Sedona to reflect changes in public policy, adopted plans, or changed conditions. The zoning classification of any parcel in the City may be amended using this procedure. The purpose is neither to relieve particular hardships nor to confer special privileges or rights on any person. Rezonings should not be used when a conditional use permit, variance, or minor modification could be used to achieve a similar result.

b. Changes to the characteristics of zoning districts (such as setback requirements) and development standards (such as parking requirements) shall be processed as Code text amendments pursuant to Section 8.6.C, Code Text Amendment.

Pursuant to A.R.S. § 9-462.01, the provisions of the Zoning Map may periodically be amended or repealed.

The application submittal and review procedure for rezonings, excluding those to a historic district or to a planned development district, is set forth in Section 8.6.A(3) below.

The application and review process for a rezoning to a historic district shall be the same as for general rezonings as set forth in this Section 8.6.A, Rezoning (Zoning Map Amendment), with modifications as set forth in Section 8.7.C, Historic District Designation.

The application and review process for a rezoning to a planned development district is in Section 8.6.B, Rezoning to Planned Development District.

A lodging density rezoning is required for any request to increase the number of lodging units in excess of the number allowed by right in a Lodging District or by an approved development agreement. The application and review process for a lodging density rezoning shall be the same as for general rezonings as set forth in this Section 8.6.A, Rezoning (Zoning Map Amendment), including the criteria applicable for conditional rezoning approval.

In order to mitigate the negative impact of the applicant’s proposed use on the citizens of Sedona and surrounding properties and to ensure compatibility with adjacent land uses, the Planning and Zoning Commission may recommend and the Council may approve a rezoning conditioned upon one or more of the following:

1. Development in accordance with a specific schedule for the development of specific improvements or uses for which zoning is requested;

2. Development in accordance with a specific site plan or a site plan to be subsequently approved under this Code;

3. Modifications in the otherwise applicable lot coverage, building height, or density;

4. Public dedication of rights-of-way for streets, alleys, public ways, drainage, public utilities and the installation of improvements that are reasonably required by or directly related to the effect of the rezoning; and/or

5. Other conditions reasonably calculated to mitigate the impact of the proposed development.

Figure 8-11 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of rezoning applications. Additions or modifications to the common review procedures are noted below.

Figure 8-11: Rezoning (Zoning Map Amendment)

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

The rezoning application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling, with the following modifications:

Requests to amend the Zoning Map may be initiated by the Director, Commission, Council, a real property owner, or the owner’s agent in the area to be included in the proposed amendment.

If an application includes property not owned by the applicant, before the application will be accepted for processing, the applicant shall file, on a form provided by the Director, a petition in favor of the request signed by the real property owners of at least 75 percent of the land area to be included in the application. This petition shall bear the property owner’s signatures and addresses, the legal description and land area of each property represented on the petition, the total land area represented on the petition, the total land area represented by the petition, and the total land area of individual properties included in the application.

The applicant shall prepare and implement a Citizen Participation Plan pursuant to Section 8.3.D, Citizen Review Process.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The rezoning application shall be scheduled and noticed for public hearings before the Planning and Zoning Commission and City Council in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings, with the following modifications:

1. In a proceeding involving a rezoning that abuts unincorporated areas of the county, copies of the notice of public hearing shall be transmitted by the City to the planning agency of the governmental unit abutting such land.

2. The notice of any change in a residential district shall contain specific information about whether the change applied for will increase, leave unchanged, or decrease the number of dwelling units permitted in the area in question.

3. Additional notice shall be provided for rezoning applications that involve one or more of the changes listed below. For such applications, the City shall publish the changes before the first hearing on such changes in a newspaper of general circulation. The changes shall be published in a “display ad” covering not less than one-eighth of a full page.

i. A 10 percent or more increase or decrease in the number of square feet or units that may be developed;

ii. A 10 percent or more increase or reduction in the allowable height of buildings;

iii. An increase or reduction in the allowable number of stories of buildings;

iv. A 10 percent or more increase or decrease in setback or open space requirements; and/or

v. An increase or reduction in permitted uses.

All common procedures in Section 8.3.G, Review and Decision, shall apply, with the following modifications:

The Planning and Zoning Commission shall review the rezoning application and recommend approval, approval with conditions, or denial, based on the approval criteria in Section 8.3.E(5), Approval Criteria Applicable to All Development, Subdivision and Rezoning Applications.

The City Council shall review the rezoning application and approve, approve with conditions, or deny the rezoning based on the approval criteria in Section 8.3.E(5), Approval Criteria Applicable to All Development, Subdivision and Rezoning Applications.

Legal protests of a rezoning shall follow the procedures in A.R.S. § 9-462.04(H).

i. When a rezoning is subject to condition(s), the official Zoning Map shall include a notation that the zoning is conditional and the number of the rezoning application file where the conditions are set forth.

ii. Any condition imposed by the City Council shall be set forth in the ordinance changing the zoning district classification.

iii. Any proposed revisions or changes to an approved conditional rezoning application shall be submitted in the same manner and subject to the same approval process as the original application.

If a rezoning decision with conditions attached expires and the property has not been improved for the use for which it was conditionally approved, the City Council, after notification by certified mail to the owner and applicant who requested the rezoning, shall 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. [Res. 2019-19 Exh. A, 10-8-19].