11-76-3: - ORDINANCE CONDITION MODIFICATION
A. Purpose and Applicability. Because City Council sets land use policies that establish or modify zoning classifications that result in rezonings, amend the Mesa Zoning Map, or modify Council-adopted development plans, any alterations to those decisions, including conditions of approval or stipulations, require a rezoning and City Council approval. This Section:
1. Applies to plans, conditions of approval, and stipulations that were:
a. Adopted or approved by the City Council acting in its legislative capacity in conjunction with a zoning ordinance, rezoning, zoning amendment, or Council-adopted development plan; or
b. Incorporated into an adopted zoning ordinance or rezoning approval by reference.
2. Does not apply to plans, conditions of approval, or stipulations that were approved administratively by City staff or by a reviewing body acting in a non-legislative capacity.
B. Ordinance Condition Modification.
1. An Ordinance Condition Modification applies to conditions of approval that City Council adopted as part of an ordinance that established or modified a zoning classification(s), amendment to the Zoning Map, or Council-adopted development plan.
2. An Ordinance Condition Modification includes changes that:
a. Add a new requirement, restriction, limitation, or obligation;
b. Remove or modify existing requirement, restriction, limitation, or obligation; or
c. Remove or modify a condition of approval adopted by ordinance or as part of a legislative act.
3. Rezoning Required.
a. An Ordinance Condition Modification is a legislative act that requires approval through the rezoning process, and is processed, noticed, heard, and decided through the public hearing procedures set forth in this Chapter.
b. Development Plan Modifications, except those set forth in Section 11-76-3(B)(4), shall be deemed to comply with a Development Plan Condition.
4. Exception for Certain Development Plan Modifications. A proposed Development Plan Modification requires an Ordinance Condition Modification as identified in Chapter 11-69-5: Development Plan Modifications.
(Ord. No. 5996, § 1, 3-9-26)
