8.6.C Code Text Amendment | Sedona Land Development Code

C. Code Text Amendment

This subsection describes the review and approval procedures for amending the text of this Code to respond to changed conditions or changes in public policy, or to advance the general welfare of the City.

Pursuant to A.R.S. § 9-462.01, the provisions of the Code may periodically be amended or repealed. An amendment to the text of this Code shall be initiated by the Director, the Planning Commission, or the City Council.

Figure 8-13 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of proposed code text amendments. Additions or modifications to the common review procedures are noted below.

An application for a Code text amendment shall be prepared by the Director. If the amendment is initiated by the Planning and Zoning Commission or City Council, the Director shall prepare the application at the request of the Planning and Zoning Commission or City Council.

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

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

1. Mailed notice as described in Section 8.3.F(3)a, Published and Mailed Notice, shall not be required for applications to amend the text of this Code.

2. Additional notice shall be provided for proposed Code text amendments that involve one or more of the following changes. For such proceedings, 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 application for a Code text amendment and recommend approval, approval with conditions, or denial, based on the criteria in Section 8.6.C(4), Approval Criteria for Code Text Amendments.

The City Council shall review the application for a Code text amendment and approve, approve with conditions, or deny the text amendment based on the approval criteria in Section 8.6.C(4), Approval Criteria for Code Text Amendments.

Amendments to Section 5.3, Grading and Drainage, shall be considered only by the Council and shall not require a hearing or recommendation from the Planning Commission.

1. Approval of a Code amendment authorizes the approved revision to the text only. A Code amendment shall not authorize specific development activity.

2. A Code amendment shall remain valid until the revised text of the Code is subsequently amended in accordance with this subsection.

A Code amendment is a legislative decision by the City Council. Prior to recommending approval or approving a proposed Code amendment, the Planning Commission and City Council shall consider whether and to what extent the proposed amendment:

a. Is consistent with the Sedona Community Plan, Community Focus Area Plans, other adopted plans, and other City policies;

b. Does not conflict with other provisions of this Code or other provisions in the Sedona Municipal Code;

c. Is necessary to address a demonstrated community need;

d. Is necessary to respond to substantial changes in conditions and/or policy; and

e. Is consistent with the general purpose and intent of this Code.