Loading...
HomeMy WebLinkAboutOrd 2023-15ORDINANCE NO. 23-15 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE SECTION 1.12, DEFINITIONS CHANGING COMMUNITY DEVELOPMENT DIRECTOR TO DEVELOPMENT SERVICES DIRECTOR AND SECTION 2.01, AMENDMENTS OR ZONE CHANGES ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Section 1.12, Definitions, of the Fountain Hills Zoning Ordinance is amended as follows: Community Development SERVICES Director (OR DIRECTOR): The person appointed by the Town Manager to be the Development SERVICES Director. If there is no such person designated by the Town Manager, the Town Manager is the Community —Development SERVICES Director. SECTION 2. That Section 2.01, AMENDMENTS OR ZONE CHANGES, of the Fountain Hills Zoning Ordinance is amended as provided in Exhibit A attached hereto. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 19`h day of December, 2023. FOR THE TOWN OF FOUNTAIN HILLS: Ginny Dickey, Mayor REVIEWED BY: ATTESTED TO: Linda Mendenh I, Town Clerk APPROVED AS TO FORM: o, Rachael Goodwirj, Town 'anager Aaron D. Arnson, Town Attorney ORDINANCE 23-15 PAGE 2 Exhibit A Section 2.01 Amendments or Zone Changes A. Purpose:. The Council may, from time to time as public necessity, convenience, general welfare, and/or good zoning practice requires, change the district boundaries or amend, change, repeal or supplement the regulations herein established. Such change or amendment may be initiated by the Council or the Planning and Zoning Commission. OWNERS OF REAL PROPERTY, EITHER DIRECTLY OR THROUGH AN AUTHORIZED REPRESENTATIVE, MAY APPLY TO CHANGE THE ZONING DISTRICT DESIGNATION OF THEIR PROPERTY. ALL REQUESTS TO AMEND THESE REGULATIONS OR CHANGE ZONING BOUNDARIES SHALL BE PROCESSED AS PROVIDED IN THIS SECTION. or by petition of one or more owners of real property within the area proposed to be affected by the change. B. APPLICATION. Petitions for Amendments: 1. COMPLETE APPLICATION. APPLICATIONS Petition for change of district boundaries eF shall be filed ELECTRONICALLY ON THE TOWN'S WEBSITE BY AN OWNER OF THE REAL PROPERTY PROPOSED TO BE CHANGED USING THE PROCESS ESTABLISHED BY THE DIRECTOR FOR SUCH APPLICATIONS. ALL SUCH APPLICATIONS SHALL INCLUDE THE INFORMATION SET FORTH IN THIS SUBSECTION. with the Community Development Office by an owner of real property within the area proposed to be changed, or by the Council or Planning and Zoning Commission. In the case of the petition filed by a party other than the Council or Commission requesting a zoning district change, which includes other property in addition to that, owned by the rty owners representing at least seventy five (75) percent of the land in the area proposed to be changed. All such petitions shall be 2. PROJECT NARRATIVE. A WRITTEN STATEMENT WHICH INCLUDES: a. A NARRATIVE DESCRIBING THE EXISTING ZONING, PROPOSED ZONING, DESIRED USE OF THE PROPERTY, AND REASONS JUSTIFYING THE PROPOSED CHANGE IN ZONING AND ITS CONSISTENCY WITH THE GENERAL PLAN. B. 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 thereof. C. A TRUE STATEMENT REVEALING ANY CONDITIONS OR RESTRICTIONS OF RECORD (IF ANY) WHICH WOULD AFFECT THE PERMITTED USES OF THE PROPERTY IF REZONED AS REQUESTED AND THE DATE OR DATES (IF ANY) OF EXPIRATION THEREOF. ORDINANCE 23-15 PAGE 3 D. SUCH PHOTOGRAPHS, DRAWINGS, AND OTHER SUPPORTING DOCUMENTS (IF ANY) AS THE APPLICANT MAY DESIRE TO PRESENT. 31a. A Ttentative Ddevelopment Pplan;. FOR PROJECTS THAT WILL RESULT IN DEVELOPMENT OR REDEVELOPMENT OF A TRACT, PARCEL, OR LOT, THE REZONING REQUEST SHALL INCLUDE A TENTATIVE DEVELOPMENT PLAN, DRAWN TO SCALE. SUBSEQUENT SITE PLANS MUST SUBSTANTIALLY CONFORM TO THE TENTATIVE PLAN SUBMITTED AS PART OF THE APPLICATION FOR A CHANGE OF DISTRICT BOUNDARIES. THE TENTATIVE DEVELOPMENT PLAN which shall show, AS APPLICABLE, the following: A(43. Topographical description showing existing and proposed grades and drainage systems, and natural and manmade features with indication as to which are to be retained and which are to be removed or altered. B(--). Proposed street system. C(-3-). Proposed block layouts. D(4). Proposed reservation for parks, parkways, playgrounds, recreation areas and other open space. (5). Off street parking space. E(-6). Types and uses of structures. F(-7-). Location of structures, garages and/or parking spaces. G(8). A tabulation of the total number of acres in the proposed project and a percentage thereof designated for the proposed structures. H(9}. Preliminary plans and elevations of the structure types. Single-family residential subdivisions are exempt from this requirement. I. A PRELIMINARY LANDSCAPE PLAN. c. Reasons justifying the petition. d. A true statement revealing any conditions or restrictions of record (if any) which would affect the permitted uses of the property if rezoned as requested and the date or dates (if any) of expiration thereof. ORDINANCE 23-15 PAGE 4 c. Such photographs, drawings, and other supporting documents (if any) as the applicant may desire to present. 4. CITIZEN PARTICIPATION PLAN. A COPY OF THE CITIZEN PARTICIPATION PLAN AS REQUIRED BY SECTION 2.08. 5. A LIST OF NAMES AND ADDRESSES FOR ALL PROPERTY OWNERS WITHIN THREE HUNDRED (300) FEET OF THE EXTERIOR BOUNDARIES OF THE PROPERTY FOR WHICH AN APPLICATION IS MADE. 6#. FILING FEE. Payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the change or amendment is initiated by the Council or the Commission or when the applicant is the Town, school district, special purpose district, county, state or federal government. 2. Under certain circumstances where the Community Development Director finds that the nature of the permitted or special use is such that it would be unnecessary or economically unfeasible for the applicant to prepare a plan in accordance with above stated requirements, the Community will be required to prepare and submit some type of site plan drawn to scale. 3. Upon receipt of a complete application for amendment, the Community Development Director shall forward the application to the Planning and Zoning Commission. 4. Any plan approved by the Community Development Director under the provisions of Section 2.04, which requires a zoning change, must substantially conform to the tentative plan submitted as part of the petition for a change of district boundaries. C. REVIEW. 1. DETERMINATION OF COMPLETE APPLICATION. BEFORE INITIATING REVIEW, THE DEVELOPMENT SERVICES DIRECTOR, OR DESIGNEE, SHALL REVIEW THE SUBMITTAL TO DETERMINE IF IT IS COMPLETE AND MEETS THE REQUIREMENTS OF THIS SECTION. APPLICANTS WILL BE NOTIFIED OF MISSING OR INCOMPLETE APPLICATION ITEMS. ONCE AN APPLICATION HAS BEEN DETERMINED TO BE COMPLETE THE APPLICANT WILL BE NOTIFIED TO PAY THE APPLICATION FEE. WHEN THE FEE HAS BEEN RECEIVED, STAFF WILL BEGIN REVIEW OF THE APPLICATION. 2. REVIEW. UTILIZING STANDARD REVIEW TIMELINES AND PROCEDURES, STAFF WILL CONDUCT REVIEW AND ANALYSIS OF THE PROPOSED REZONING AND DEVELOPMENT AND WILL SEEK ADDITIONAL INFORMATION AND CLARIFICATION FROM THE APPLICANT AS ORDINANCE 23-15 PAGE 5 NECESSARY TO PREPARE A REPORT AND RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION. 3. PLANNING AND ZONING COMMISSION AND TOWN COUNCIL REVIEW AFTER STAFF REVIEW AND PROPER NOTICING, THE REZONING OR ZONING TEXT AMENDMENT WILL BE SCHEDULED FOR PUBLIC HEARINGS BY THE PLANNING AND ZONING COMMISSION AND TOWN COUNCIL. FOR REZONE CHANGES, UNLESS THE APPLICANT REQUESTS A DELAY IN WRITING, STAFF SHALL PLACE THE REQUESTS ON A PLANNING AND ZONING COMMISSION MEETING WITHIN THREE (3) MONTHS OF RECEIVING A COMPLETE APPLICATION. AFTER PUBLIC HEARING, THE PLANNING AND ZONING COMMISSION WILL MAKE A WRITTEN RECOMMENDATION TO THE TOWN COUNCIL. THE REQUEST WILL BE PLACED ON THE NEXT AVAILABLE COUNCIL AGENDA AT LEAST TWENTY-EIGHT (28) DAYS AFTER THE PLANNING AND ZONING COMMISSION ACTION. D. NOTICE. Hearings: NOTICE OF HEARINGS BY THE PLANNING AND ZONING COMMISSION AND THE TOWN COUNCIL UNDER THIS SECTION MAY BE PROVIDED SEPARATELY OR CONCURRENTLY IN THE SAME NOTICE. When the Planning and Zoning Commission holds a public hearing concerning the zoning ordinance, notice of the 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 HEARING NOTICES shall be given at least fifteen (15) days before the hearing in the following manner: 1. FOR CHANGES TO ZONING DISTRICT BOUNDARIES: A. The -Notice OF THE TIME AND PLACE OF THE HEARING(S) INCLUDING A GENERAL EXPLANATION OF THE MATTER TO BE CONSIDERED AND A GENERAL DESCRIPTION OF THE AREA AFFECTED shall be published at least once in a newspaper of general circulation published or circulated in Fountain Hills. B. ONE OR MORE NOTICES, AS REQUIRED BY THE DIRECTOR, SHALL BE A posted ON THE PROPERTY REQUESTING THE ZONING AMENDMENT. THE SIGN net -ice shall be A MINIMUM TWO (2) FEET WIDE BY THREE (3) FEET TALL AND printed co that the following arc visible from a distance of one hundred (100) feet with the word "ZONING" IN A MINIMUM THREE AND ONE-HALF (3 Y2) INCH LETTERS AT THE TOP.7 THE NOTICE SHALL ALSO INCLUDE: the present zoning district classification, the proposed zoning district classification, THE PROPOSED USE OF THE PROPERTY, and the LOCATION, date and time of the hearing(S). IT SHALL BE THE RESPONSIBILITY OF THE APPLICANT TO ERECT AND MAINTAIN THE POSTING. C. NOTICE OF THE TIME AND PLACE OF THE HEARING(S) INCLUDING A GENERAL EXPLANATION OF THE MATTER TO BE CONSIDERED AND A GENERAL DESCRIPTION OF THE AREA AFFECTED SHALL BE SENT BY FIRST CLASS MAIL TO EACH REAL PROPERTY OWNER, AS ORDINANCE 23-15 PAGE 6 SHOWN ON THE CURRENT RECORDS OF THE COUNTY ASSESSOR, WITHIN THREE HUNDRED (300) FEET OF THE PROPERTY REQUESTING THE ZONING AMENDMENT. 2. FOR AMENDMENTS TO THE ZONING ORDINANCE: A. NOTICE OF THE TIME AND PLACE OF THE HEARING(S) AND THE CHANGES TO THE ZONING ORDINANCE SHALL BE PUBLISHED AT LEAST ONCE IN A NEWSPAPER OF GENERAL CIRCULATION PUBLISHED OR CIRCULATED IN FOUNTAIN HILLS. THE CHANGES SHALL BE PUBLISHED IN A "DISPLAY AD" COVERING NOT LESS THAN ONE -EIGHTH OF A FULL PAGE. THE TOWN SHALL ALSO SEND NOTICE BY FIRST CLASS MAIL TO PERSONS WHO REGISTER THEIR NAMES AND ADDRESSES WITH THE TOWN AS BEING INTERESTED IN RECEIVING SUCH NOTICE. THE TOWN MAY CHARGE A FEE NOT TO EXCEED FIVE DOLLARS PER YEAR FOR PROVIDING THIS SERVICE. municipalities or unincorporated areas of the county or a combination thereof, copies of the nner, as it may deem necessary or desire - may change the zoning classification, notice by first class mail shall be sent to each r al property property, to be rezoned. /1. In proceedings involving one or more of the following proposed changes or related series of Subsection (C)(5) of this Section: a. A ten percent or more lncr ose or decrease in the number of square feet or units that may be developed. b. A ten percent 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 ten percent 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 ( )( ) of this Section, the municipality shall provide notice to real property owners pursuant to at least one of the following notification procedures: ORDINANCE 23-15 PAGE 7 a. Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose r aI property is directly governed by changes. b. If the Town issues utility bills or other mass mailings that periodically include notices or c. The Town shall publish such changes prior to the first hearing on such changes in a covering not less than one eighth of a full page. b. If notice is provided pursuant to Subdivisions (b) or (c) of Paragraph (5), the municipality shall also send notice by first class mail to persons who register their names and addresses with the municipality as being interested in receiving such notice. The municipality may charge a fee not to 37. IF A PROPERLY NOTICED HEARING IS HELD AND CONTINUED TO A DATE CERTAIN, THE NOTICE PROCEDURES SET FORTH IN THIS SUBSECTION DO NOT APPLY TO THE CONTINUED HEARING OR ANY FUTURE CONTINUATIONS OF THE SAME HEARING THAT ARE CONTINUED IN THE SAME FASHION. 4. NOTWITHSTANDING g the notice requirements set forth in Subsection (C) (1) of this Section this Subsection, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of a municipality for which the notice was given. EO. HEARINGS. Commission Actions: 1. Upon receipt of any complete application for amendment, tThe Director shall fix a reasonable time for the hearing of the proposed zone change, amendment, or addition and shall give notice in accordance with the Public Notice Requirements Deadline NOTICE REQUIREMENTS in Section 2.01 D {) of this ordinance. 2. ANY PERSON MAY APPEAR AT A PUBLIC HEARING AND SUBMIT ORAL OR WRITTEN EVIDENCE, EITHER INDIVIDUALLY OR AS A REPRESENTATIVE OF A PERSON OR AN ORGANIZATION. EACH PERSON WHO APPEARS AT A PUBLIC HEARING SHALL BE IDENTIFIED, STATE THEIR NAME AND TOWN, AND, IF APPEARING ON BEHALF OF A PERSON OR ORGANIZATION, STATE THE NAME AND TOWN OF THE PERSON OR ORGANIZATION BEING REPRESENTED. THE PRESIDING OFFICER MAY ESTABLISH TIME LIMITS FOR INDIVIDUAL TESTIMONY AND MAY REQUIRE THAT INDIVIDUALS ORDINANCE 23-15 PAGE 8 WITH SHARED CONCERNS SELECT ONE OR MORE SPOKESPERSONS TO PRESENT TESTIMONY ON BEHALF OF THOSE INDIVIDUALS. 3. THE BODY CONDUCTING THE HEARING MAY CAUSE SUCH INVESTIGATIONS TO BE MADE AS IT DEEMS NECESSARY AND IN THE PUBLIC INTEREST ON ANY MATTER TO BE HEARD BY IT. SUCH INVESTIGATION MAY BE MADE BY A COMMITTEE OF ONE OR MORE MEMBERS OF THE BODY CONDUCTING THE HEARING OR BY MEMBERS OF ITS STAFF OR ITS AGENTS OR EMPLOYEES. THE FACTS ESTABLISHED BY SUCH INVESTIGATION SHALL BE SUBMITTED TO THE BODY CONDUCTING THE HEARING EITHER IN WRITING, TO BE FILED WITH THE RECORDS OF THE MATTER, OR IN TESTIMONY BEFORE THE BODY, AND MAY BE CONSIDERED BY THE BODY IN MAKING ITS DECISION. 4. THE BODY CONDUCTING THE HEARING SHALL CAUSE A WRITTEN SUMMARY OF ALL PERTINENT TESTIMONY HEARD AT SUCH PUBLIC HEARING, TOGETHER WITH A RECORD OF THE NAMES AND ADDRESSES OF ALL PERSONS TESTIFYING, TO BE PREPARED AND FILED WITH THE PAPERS RELATING TO SUCH MATTER. F. EFFECT OF WRITTEN PROTEST. 1. IF THE OWNERS OF TWENTY PERCENT (20%) OR MORE OF THE PROPERTY BY AREA AND NUMBER OF LOTS, TRACTS AND CONDOMINIUM UNITS WITHIN THE ZONING AREA OF THE AFFECTED PROPERTY FILE A PROTEST IN WRITING AGAINST A PROPOSED AMENDMENT, THE CHANGE SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF THREE -FOURTHS (3/4) OF ALL MEMBERS OF THE TOWN COUNCIL. IF ANY MEMBERS OF THE TOWN COUNCIL ARE UNABLE TO VOTE ON SUCH A QUESTION BECAUSE OF A CONFLICT OF INTEREST, THEN THE REQUIRED NUMBER OF VOTES FOR PASSAGE OF THE QUESTION SHALL BE THREE -FOURTHS (3/4) OF THE REMAINING MEMBERSHIP OF THE COUNCIL, PROVIDED THAT SUCH REQUIRED NUMBER OF VOTES SHALL NOT BE LESS THAN A MAJORITY OF THE FULL MEMBERSHIP OF THE LEGALLY ESTABLISHED COUNCIL. FOR THE PURPOSES OF THIS SUBSECTION, THE VOTE SHALL BE ROUNDED TO THE NEAREST WHOLE NUMBER. A PROTEST FILED PURSUANT TO THIS SUBSECTION SHALL BE SIGNED BY THE PROPERTY OWNERS OPPOSING THE PROPOSED AMENDMENT AND FILED IN THE OFFICE OF THE TOWN CLERK NOT LATER THAN 12:00 NOON ONE BUSINESS DAY BEFORE THE DATE ON WHICH THE COUNCIL WILL VOTE ON THE PROPOSED AMENDMENT OR ON AN EARLIER TIME AND DATE ESTABLISHED BY THE COUNCIL. 2. FOR THE PURPOSES OF THIS SECTION, "ZONING AREA" MEANS BOTH OF THE FOLLOWING: A. THE AREA WITHIN ONE HUNDRED FIFTY (150) FEET, INCLUDING ALL RIGHTS -OF -WAY, OF THE AFFECTED PROPERTY SUBJECT TO THE PROPOSED AMENDMENT OR CHANGE; AND, ORDINANCE 23-15 PAGE 9 B. THE AREA OF THE PROPOSED AMENDMENT OR CHANGE. G. ACTIONS. 1. PLANNING AND ZONING COMMISSION. THE PLANNING AND ZONING COMMISSION: A. MAY RECOMMEND APPROVAL, APPROVAL WITH CONDITIONS, OR DENIAL, OR MAY CONTINUE A PROPOSED AMENDMENT. B. The Commission mMay for any reason, when it deems such action necessary or desirable, continue such hearing to a time and certain place. Within sixty (60) days after the date of the of a written recommendation to the Council. The recommendation shall include the rationale for the However, if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance, the matter shall be automatically forwarded to the Council with a recommendation for denial. C. SHALL, UNLESS WAIVED BY THE APPLICANT, WITHIN NINETY (90) DAYS AFTER THE DATE OF THE ORIGINAL HEARING, RENDER ITS DECISION IN THE FORM OF A WRITTEN RECOMMENDATION TO THE COUNCIL. D. SHALL INCLUDE THE RATIONALE FOR ITS RECOMMENDATION. 2. Prior to publishing a petitioned zoning map change, the Commission may, on its own motion, delimit or extend the boundaries of such area, so as to constitute a more reasonable zone district boundary. 3. In the case of proposed amendments which are initiated by the Commission, the Commission ;hall hold a public hearing as required by this section and shall either: a. Transmit such proposal to the Council which shall thereupon proceed as set forth herein for any other amendment; or 4. The Commission may recommend to the Council that a time limit be established for the 2€. TOWN Council. Action: THE TOWN COUNCIL: ORDINANCE 23-15 PAGE 10 a. MAY APPROVE, APPROVE WITH CONDITIONS, DENY, CONTINUE, OR REMAND BACK TO THE PLANNING COMMISSION FOR FURTHER STUDY OF BOUNDARY CHANGES AND/OR A PROPOSED AMENDMENT. B4. MAY, 9Once the Commission has held a public hearing, the Council may adopt the recommendations of the Commission without holding a public hearing if there is no objection, request for public hearing, or other protest. FOLLOWING PROPER NOTICE AS REQUIRED IN SECTION 2.01 D, TThe Council shall hold a public hearing if requested by the party aggrieved or any member of the public or of the Council. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission as specified in Subsection D. In addition, the Town may give notice of the hearing in such other manner, as it may deem necessary or desirable. 2. If the owners of twenty (20) percent or more either of the area of the Tots included in a proposed change, or of those immediately adjacent in the rear or any side thereof extending one hundred and fifty (150) feet therefrom, or of those directly opposite thereto extending one a.ainst a proposed amendment, it shall not become effective except by the favorable vote of three fourths (3/4) of all members of the Council. If any members of the Council arc unable to vote on ;uch a question because of a conflict of interest, then the required number of votes for passage of the question shall be three fourths (3/1) of the remaining membership of the Council, providing that such required number of votes shall in no event be Tess than a majority of the full membership 3. If the Council's recommendation is to overrule the recommendation of the Commission, such decision shall only require the vote of the majority of the members of the Council voting on the question. C4. The Council :,Shall not make any changes in any proposed zoning district boundaries or zoning district classification recommended by the Commission until such proposed changes have been referred back to the Commission for a report. Failure of the Commission to file a report back to the Council within a specified time response period shall be deemed to be approval of the proposed changes. The specified time period for a Commission response shall be SIXTY (60)fifteen (15) days from the date of receipt of the recommended change(s), unless the Commission requests and the Council grants an extension of an additional SIXTY (60)fifteen (15) days. D5. MAY AAt the time of rezoning, establish a schedule for development of the specific use or uses for which rezoning is requested. IF, AT THE EXPIRATION OF THIS PERIOD, THE PROPERTY HAS NOT BEEN IMPROVED FOR THE USE FOR WHICH IT WAS CONDITIONALLY APPROVED, THE TOWN, ORDINANCE 23-15 PAGE 11 AFTER NOTIFICATION BY CERTIFIED MAIL TO THE OWNER AND APPLICANT WHO REQUESTED THE REZONING, MAY 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. HF. Reconsideration of Denied Amendments: In the event that aN APPLICATION petit -ion -for an amendment is denied by the Council, or is withdrawn after the Commission hearing, the Commission shall not consider the APPLICATION petition or any other APPLICATION pet+tion for the same amendment of this ordinance as it applies to the same property described in the original APPLICATION petition, or any part thereof, within a period of one (1) year from the date of such denial action, or withdrawal unless the conditions, upon which the original denial or withdrawal was based, have changed. G. Exceptions: In the event that a request for amendment concerns only the amendment of general requirements of this ordinance, no signature of affected property owners or posting of property shall be 144. REZONE TO OPEN SPACE. Exceptional Procedures for Rezoning Land to the Open Space Recreational (OSR) or Open Space Conservation (OSC) or Open Space Preservation OSP Zoning Districts:In addition to the procedural regulations contained in this Chapter, all of the following procedures are required to be met prior to rezoning land to the OSR or OSC or OSP Zoning Districts: 1. The property owner(s) and any lienholders of record shall specifically request, in writing, that the zoning district designation be applied to their property. 2. The property owner(s) and any lienholders of record shall sign a forbearance agreement that would be recorded in the office of the Maricopa County Recorder, stating that: a. If the property is to be rezoned to the Open Space Recreational Zoning District, that the owner has voluntarily requested a zoning district designation that provides for little economic use of the property and that the owner is fully informed and aware of this fact. b. If the property is to be rezoned to the Open Space Conservation Zoning District, that the owner has voluntarily requested a zoning district designation that provides for no viable economic use of the property and that the owner is fully informed and aware of this fact. c. If the property is to be rezoned to the Open Space Preservation Zoning District, that the owner has either voluntarily requested, or has agreed to, a zoning district designation that ORDINANCE 23-15 PAGE 12 provides for little economic use of the property and that the owner is fully informed and aware of this fact.