§ 46. AMENDMENTS TO ZONING DISTRICTS (REZONES).  


Latest version.
  • A.

    Initiation.

    1.

    A person desiring to change the zoning district boundaries within an area previously zoned shall file an application requesting the change with the Board of Supervisors. Upon receipt of the application, the Board shall submit it to the Commission for a report.

    2.

    The Planning and Zoning Commission may initiate a change by a positive vote of members present.

    B.

    Public Hearing.

    1.

    After a rezone is properly initiated under this Section, the Commission, after giving notice as required in Section 46.C, shall hold at least one (1) public hearing on the proposed amendment.

    2.

    The Commission may have as many additional hearings or continued hearings on any initiated change as may be deemed necessary for public necessity, convenience, and general welfare, provided that each and every public hearing complies with the notice requirements of Section 46 C.

    3.

    Upon the approval or disapproval of any initiated zoning change, the Commission shall make a report of its findings and recommendation to the Board of Supervisors within thirty (30) days after completion of the said hearing.

    C.

    Notice.

    1.

    The Commission shall cause notice by first class mail to be sent to each real property owner as shown on the last assessment of the property within three hundred (300) feet of the proposed amendment or change. Notice shall also be sent to each county and municipality which is contiguous to the proposed change. At a minimum, the notice shall include the following:

    a.

    The date, time, and place of the public hearing;

    b.

    A general explanation of the matter to be considered;

    c.

    A general description of the area of the proposed change;

    d.

    An explanation of how the property owner within the zoning area may file approval or protests to the proposed change.

    2.

    Prior to holding a public hearing, the commission shall give notice thereof by at least one (1) publication in a newspaper of general circulation in the county seat and a newspaper of general circulation in the area of the proposed change.

    3.

    The Commission shall post the area included in the proposed change. The posting shall be in no less than two places with at least one notice for each quarter mile of frontage along perimeter rights-of-ways so that the notices are visible from the nearest public right-of-way or as required by State Statute.

    4.

    The Commission shall post the proposed change on the Mohave County website: www.mohavecounty.us

    D.

    Action by the Board of Supervisors.

    1.

    Upon receipt of the Commission's recommendations, the Board shall hold a public hearing, wherein at least fifteen (15) days' notice of which shall be given by one (1) publication in a newspaper of general circulation in the County seat, and by posting the area included in the proposed change. After holding the hearing, the Board may adopt the change.

    2.

    Should twenty percent (20%) of the property owners representing twenty percent (20%) of the land area within three hundred (300) feet of the area proposed for change object to the change, a four-fifths (4/5) vote of the Board is required for approval, or as described in A.R.S. § 11-814.E

    E.

    Reapplication.

    No person, including the original applicant, shall re-apply for the same change of zone on the same plot or lots within a period of one (1) year from the date of the final decision or denial of such previous application except in cases where extraordinary circumstances have caused a need for reevaluation of all property in the general area.