Section 402. Area plans.
A. Special Planning (SP) District.
1. Purpose. The Special Planning District is intended as a means for property owners to initiate and implement programs for the conservation or revitalization of neighborhoods. The district takes effect through the adoption of a precise plan and set of regulations, called the special district plan, specifically intended, in each case, to facilitate maintenance and upgrading of the neighborhood, to encourage development of vacant or under-used lots, to ameliorate the adverse effects of incompatible mixtures of uses, and to encourage neighborhood residents and owners to take positive steps for the improvement and orderly development of the neighborhood.
2. Special district plan. In any Special Planning District the regulations governing the uses of land and structures, the height of buildings and requirements for lot area, width and yards, shall be as set forth in the underlying zoning district except as may be expressly modified by the special district plan for that district. There will be a separate and specific special district plan for each Special Planning District.
a. Initiation of a Special Planning District.
(1) A petition requesting the establishment of the district, bearing the signatures of the owners of not less than fifty percent of the property within the area proposed to be included in the Special Planning District, may be submitted to the Planning and Development Department. For the purpose of this requirement, the signature of one cotenant, or, if community property, the signature of either spouse is sufficient to count the petition if no objection is made by the other cotenant or spouse. If the signature is so protested, the petition shall be counted only to the extent of the signer’s interest in the property. The petition shall set forth the preliminary boundaries of the area proposed to be included and shall be on a form prepared and provided by the Planning and Development Department. Such preliminary boundaries shall be natural or rectangular in configuration, subject to City Council approval.
(2) A citizens’ committee shall be formed for the purpose of circulating petitions and other such purposes as are specified in this section. The committee shall designate the name of the proposed Special Planning District which shall appear on all petitions. Membership on the committee shall be open to all property owners and residents within the proposed district. The citizens’ committee shall work with City staff during preparation of the plan, be responsible for conducting informational meetings within the area during preparation of the plan and disseminating information on the plan upon its completion.
b. Public hearing.
(1) Upon initiation of proceedings as set forth in section 402.A the Planning Commission shall call a public hearing at a location in or convenient to the area proposed to be included in the district, for the purpose of explaining the purpose and operation of a Special Planning District and to determine the degree of interest in the establishment of such district, as well as to receive any suggestions regarding the content of the special district plan or the boundaries of the Special Planning District.
(2) Following the public hearing, the Planning Commission may recommend to the City Council that the Planning and Development Department proceed with the preparation of a special district plan as set forth herein, and the Planning Commission shall recommend to the City Council the boundaries of the proposed district, or it may recommend the termination of the proceedings if it determines that the plan will not serve the purposes for which the Special Planning District is intended. If the Commission recommends initiation of the district, they shall be the applicant for the request.
(3) The City Council may without further hearing concur in the recommendation of the Planning Commission or make such recommendations that they desire and so instruct the Planning and Development Department. If the City Council instructs the Planning and Development Department to prepare a Special District Plan, the Council shall also specify the boundaries for the proposed district.
c. Preparation of the special district plan. When so instructed by the City Council, the Planning and Development Department shall prepare a special district plan in accord with direction from the citizens’ committee which shall consist of a detailed plan of land uses and related regulations in substantial conformity with the Phoenix General Plan. The special district plan may:
(1) Indicate proposed changes, if any, to permitted land uses within the Special Planning District. The plan may contain recommendations for which other administrative procedures are established, including but not limited to street closures or abandonments, improvement districts, rezoning, or special assessment districts. Implementation of such actions shall be through the normal procedures established for each.
(2) Contain a schedule of proposed changes, if any, to density, coverage, height, and other requirements applicable to buildings or structures.
(3) Contain specific regulations for the remodeling of existing buildings and structures, application of performance standards and application of site plan review procedures.
(4) Contain proposals for social services to be furnished in the area and plans for capital improvements by all public agencies and utilities in the area.
d. Establishment of the Special Planning District.
(1) Upon completion of the Special Planning District plan, the Planning and Development Department shall reproduce and distribute the plan to all property owners and residents in the proposed district with the assistance of the citizens’ committee.
(2) After distribution of the plan, the Planning and Development Department shall conduct a poll of all property owners within the proposed district to determine if there is support for the plan. If seventy percent of those responding indicate support for the plan the Planning and Development Department shall notify the Planning Commission who shall:
(a) Set a date for a public hearing on the plan and the establishment of a district and post notice of and publicize such hearing in accordance with Section 506
(b) Mail notices to the owners of all property within the district fifteen days prior to the hearing.
(c) Conduct the public hearing solely in regard to the plan that has been prepared by the Planning and Development Department.
(3) The percentage of support shall be determined in the same manner as are petitions for the initiation of a district.
(4) Upon completion of the public hearing, the Planning Commission may recommend to the City Council the adoption or modification and adoption of the special district plan and recommend the establishment of the Special Planning District. The plan shall contain both a special district plan and a Special Planning District zoning overlay coterminous with the boundaries of the plan. The special district plan shall also contain all special zoning criteria applying within the district.
(5) Upon receipt of a recommendation from the Planning Commission, the City Council shall conduct a public hearing in accordance with Section 506. Following the public hearing the City Council may approve, deny, or modify the special district plan and the Special Planning District.
(6) Applications for amendments to the plan shall be in accordance with Section 506
(7) Special Conservation Districts which the City Council has approved prior to the effective date of this ordinance shall be deemed to be Special Planning Districts pursuant to this ordinance. Proposed Special Conservation Districts for which City Council has authorized preparation of a neighborhood conservation plan prior to the effective date of this ordinance shall be deemed to be Special Planning Districts pursuant to this ordinance and shall be subject to section 402.A.2.d(4) through (7).
E. Interpretation, Administration, and Enforcement of Special Planning Districts.
1. Where a provision in a Special Planning District varies from the underlying zoning or the subdivision ordinance, the Special Planning District shall control.
2. In any area governed by a Special Planning District, no building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be used except in conformance with any regulations contained in the Special Planning District.
3. If, at the time of adoption of a Special Planning District regulation or amendment thereto, any lot, structure or building was being used in an otherwise lawful manner that does not conform to the regulations contained in a Special Planning District, such lot, structure or building shall be deemed to be a nonconforming use, and may continue in the manner and to the extent that it existed or was being used at the time of such adoption. Nonconforming uses shall be governed by the nonconforming use regulations set forth in the Zoning Ordinance.
4. Violation of any regulation contained in a Special Planning District shall be deemed to be a violation of the Zoning Ordinance.
5. Deviations from any regulatory provision of a Special Planning District shall require an applicant to process a variance in accordance with the provisions of Section 307 of this ordinance or amend the special planning district. This section shall apply to all deviations from regulatory elements of a special planning district, regardless of acreage. (Ord. No. G-4819, 2006)