18.15.020 Notification for public hearings.
(A) Notification of public hearing(s) required for zoning text amendments and zoning amendments (rezoning) shall be subject to notice requirements as set forth in A.R.S. § 9-462.04 and herein described. Any changes to Arizona law notice requirements shall have control over this provision in the manner of providing notice.
Notice of the date, time, and place of the hearing including a general explanation of the matter to be considered and including a general description of the area affected shall be given at least 15 days before the hearing in the following manner:
(1) The notice shall be published at least once in a newspaper of general circulation published or circulated in the City or, if there is none, it shall be posted on the affected property in such a manner as to be legible from the public right-of-way and in at least ten public places in the City. A posted notice shall be printed so that the following are visible from a distance of 100 feet: (a) the word “zoning,” (b) the present zoning district classification, (c) the proposed zoning district classification and (d) the date and time of the public hearing.
(2) In proceedings involving rezoning of land which abuts other municipalities or unincorporated areas of the county or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit abutting such land. In addition to notice by publication, the City may give notice of the hearing in such other manner as it may deem necessary or desirable.
(3) In proceedings that are not initiated by the property owner involving rezoning of land which may change the zoning classification, notice by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be rezoned. In all rezoning proceedings, notice by first class mail shall be sent to all property owners, as shown on the last assessment of the property, within 300 feet of the property to be rezoned.
(4) In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by subsection (A)(5) of this section:
(a) A 10% or more increase or decrease in the number of square feet or units that may be developed.
(b) A 10% or more increase or reduction in the allowable height of buildings.
(c) An increase or reduction in the allowable number of stories of buildings.
(d) A 10% or more increase or decrease in setback or open space requirements.
(e) An increase or reduction in permitted uses.
(5) In proceedings governed by subsection (A)(4) of this section, the City shall provide notice to real property owners pursuant to at least one of the following notification procedures:
(a) Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes;
(b) If the City issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the City shall include notice of such changes with such utility bills or other mailings; or
(c) The City shall publish such changes prior to the first public hearing on such changes in a newspaper of general circulation in the City. The changes shall be published in a “display ad” covering not less than one-eighth of a full page.
(6) If notice is provided pursuant to subsection (A)(5)(b) or (c) of this section the City shall also send notice by first class mail to persons who register their names and addresses with the City as being interested in receiving such notice. The City may charge a fee not to exceed $5.00 per year for providing this service and may adopt procedures to implement this provision.
(7) Notwithstanding the notice requirements set forth in subsection (A)(5) of this section, the failure of any person or entity to receive notice, whether through no fault of the City, applicant or USPS, shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given.
(B) Notification for conditional use permits shall also follow the requirements set forth in A.R.S. § 9-462.04 as described above.
(C) Notification for variance requests shall follow the requirements set forth in A.R.S. § 9-462.06. (Ord. 312 § 2(3.1), passed 4-11-2012. Code 2012 § 152.041.)