Extracted text (via pymupdf)
15819 characters
1
ORDINANCE NO. 5997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MESA, MARICOPA
COUNTY, ARIZONA, AMENDING MESA CITY CODE TITLES 2 AND 11,
PERTAINING TO THE ORGANIZATION AND DUTIES OF THE PLANNING AND
ZONING BOARD AND THE DESIGN REVIEW BOARD. THE AMENDMENTS
INCLUDE, BUT ARE NOT LIMITED TO: MODIFYING THE MEMBERSHIP AND
QUALIFICATIONS OF THE PLANNING AND ZONING BOARD; REPEALING IN
ITS ENTIRETY SECTION 11-66-2: PLANNING AND ZONING BOARD AND
ADOPTING A NEW “SECTION 11-66-2: PLANNING AND ZONING BOARD;”
REPEALING IN ITS ENTIRETY SECTION 11-66-6: DESIGN REVIEW BOARD AND
ADOPTING A NEW “SECTION 11-66-6: DESIGN REVIEW BOARD;” MODIFYING
APPEAL BODIES; AND PRESERVING RIGHTS AND DUTIES THAT HAVE
ALREADY MATURED AND PROCEEDINGS WHICH HAVE ALREADY BEGUN
THEREUNDER.
WHEREAS, the Planning and Zoning Board and the Design Review Board play an important role
in reviewing land use, zoning, and design-related matters and making recommendations that support high-
quality development and the long-term goals of the City.
WHEREAS, the City of Mesa periodically evaluates the structure, roles, and responsibilities of its
advisory boards to ensure they effectively serve the needs of the community and the development review
process.
WHEREAS, the addition of alternate members to the Planning and Zoning Board will strengthen
continuity of operations, ensure meeting quorum, and maintain timely development review and public
hearing processes.
WHEREAS, establishing three alternate positions on the Planning and Zoning Board will provide
flexibility, support scheduling needs, and improve Board functionality during absences.
WHEREAS, the City Council finds that requiring certain members of the Planning and Zoning
Board and Design Review Board to possess relevant professional qualifications—such as experience in
planning, architecture, urban design, landscape architecture, engineering, or related fields—will enhance
the quality of review, ensure informed decision-making, and support the City’s commitment to excellence
in development.
WHEREAS, the proposed amendments clarify and update the duties and responsibilities of the
Planning and Zoning Board and the Design Review Board to align with and implement administrative
updates being made by separate ordinance in order to improve coordination and support a streamlined and
predictable development review process.
WHEREAS, the City Council finds that these updates will promote consistency, improve customer
service, and strengthen the City’s ability to guide high-quality development in accordance with the Mesa
2050 General Plan.
WHEREAS, pursuant to A.R.S. § 9-462 et seq., the legislative body of any municipality by
ordinance may establish planning agencies to carry out the municipality’s zoning powers, the City Council
finds that the proposed amendments are in the best interest of the City, improve the development review
process, and will thereby conserve and promote the public health, safety, and general welfare.
2
WHEREAS, on December 10, 2025, the Planning and Zoning Board recommended that the City
Council adopt the proposed amendments to Title 11 (Zoning Ordinance).
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MESA,
MARICOPA COUNTY, ARIZONA, AS FOLLOWS:
Section 1:
That Mesa City Code Title 2, Chapter 1 titled “Planning and Zoning Board” is hereby
modified as follows:
2-1-1: - MEMBERSHIP
There is hereby created a Planning and Zoning Board to consist of seven (7) representative citizens of the
City REGULAR MEMBERS AND THREE (3) ALTERNATE MEMBERS. Members of the Board
shall hold no other City office, shall reside within the limits of the City, and shall be appointed as provided
in Subsection (B) of Section 501 of the City Charter.
2-1-2: - TERM OF OFFICE
(A)
The REGULAR members of the Planning and Zoning Board shall serve for staggeredA TERM
OF three- (3-) yearS, terms and until their successors are duly appointedUNLESS THEY
SUBMIT A WRITTEN RESIGNATION TO THE MAYOR AND CITY COUNCIL OR ARE
REMOVED BY CITY COUNCIL. At the time of the original appointment under this Chapter,
the Mayor shall designate the length of the term of all of the members to provide for staggered
terms,. NOwhich in no event REGULAR MEMBER shall be SERVE more than three TWO
(32) yearsCONSECUTIVE FULL TERMS.
(B)
ALTERNATE MEMBERS OF THE PLANNING AND ZONING BOARD SHALL SERVE
A TERM OF THREE (3) YEARS, UNLESS THEY SUBMIT A WRITTEN RESIGNATION
TO THE MAYOR AND CITY COUNCIL OR ARE REMOVED BY THE CITY COUNCIL.
NO ALTERNATE MAY SERVE MORE THAN TWO (2) CONSECUTIVE FULL TERMS.
HOWEVER, AN ALTERNATE MAY LATER BE APPOINTED BY THE MAYOR AND
CITY COUNCIL TO SERVE AS A REGULAR MEMBER OF THE PLANNING AND
ZONING BOARD, IN WHICH CASE THE TERM-LIMIT PROVISIONS OF
SUBSECTION (A) SHALL APPLY.
Section 2:
That Mesa City Code Title 11, Chapter 66, Section 2 titled “Planning and Zoning Board”
is hereby repealed in its entirety and replaced with a new Mesa City Code Title 11, Chapter 66, Section 2,
titled “Planning and Zoning Board” as follows:
11-66-2: - PLANNING AND ZONING BOARD
A.
Establishment and Organization of the Planning and Zoning Board. The Planning and Zoning
Board is established by Section 406 of the Mesa City Charter and Section 2-1-1 of the Mesa City
Code. The Board's organization and duties are described in Title 2 - Boards and Commissions,
Chapter 1, Planning and Zoning Board, of the Mesa City Code.
1.
Board Membership. The Planning and Zoning Board shall be composed of seven (7)
regular members and three (3) alternates appointed by the City Council.
2.
Qualifications of Members.
3
a.
Regular Board Members. The composition of the regular Board members shall
include:
i.
Two (2) design professionals (e.g., architect, landscape architect, engineer,
urban planner, interior designer or similar design-related profession);
ii.
One (1) contractor or developer; and
iii.
Four (4) citizens selected at-large from the community.
b.
Alternate Board Members. At least one (1) alternate to the Planning and Zoning
Board shall be a design professional (e.g., architect, landscape architect, engineer,
urban planner, interior designer or similar design-related profession).
B.
Meetings.
1.
Meetings of the Board shall be open to the public and the minutes of its proceedings,
showing the votes of each member and records of its examinations and other official
actions shall be kept and filed in the Planning Division Office as a public record. The
Secretary of the Board shall be the Planning Director, or a member of the Planning Division
staff as designated by the Planning Director.
2.
At least four (4) members shall be present to conduct a meeting. No matter shall be
considered unless there are at least four (4) members present who are eligible and qualified
to vote on the matter.
3.
The concurring vote of a majority of the Board members present shall be necessary to pass
a motion.
4.
A chair and vice-chair shall be elected annually from among its regular members.
5.
The Chair, or in the Chair's absence the Vice Chair, shall lead the meeting, maintain order,
and be the final decision maker for all meeting management questions.
C.
Authority and Duties of the Planning and Zoning Board. In addition to the powers and duties
established in Title 2 - Boards and Commissions, Planning and Zoning Board of the Mesa City
Code, the Planning and Zoning Board shall:
1.
Hear and Make Recommendations. The Planning and Zoning Board shall hear and make
recommendations to City Council on the following:
a.
Zoning Map, Zoning Ordinance, and General Plan Amendments. Amendments to
the Zoning Map, Zoning Ordinance, or amendments to the General Plan.
b.
Council Use Permits. Requests for a Council Use Permit.
c.
PC District Matters. Matters specified in an adopted Planned Community Plan for
a PC District for action by City Council or amendments to a Planned Community
Plan.
d.
Joint Public/Private Projects. Joint public/private projects in designated
redevelopment areas.
e.
Redevelopment Plans and Adopted Plans. Proposed redevelopment plans or
amendments to adopted plans.
f.
Redevelopment Actions. Proposed redevelopment actions to the Council which are
consistent with adopted plans and stated redevelopment goals.
g.
Design of Buildings, Structures, Landscaping, and Open Space. Issues concerning
exterior design of buildings, structures, landscaping, and open space.
4
h.
Directed by City Council. Other matters as directed by the City Council.
2.
Hear and Take Action On. The Planning and Zoning Board shall hear and take action on
the following:
a.
Special Use Permits. Special Use Permits (SUP) when requested in conjunction
with another request requiring action or recommendation by the Planning and
Zoning Board, as authorized by this Subsection C.
i.
Any Planning and Zoning Board approval of an SUP that requires the
associated request to be approved by the City Council shall be conditioned
upon Council approval of the associated request.
ii.
In the event the City Council denies the associated request, the SUP shall
also be considered denied.
b.
Development Plan Review. Development Plan Reviews as specified in Chapter 69:
Development Plan Review.
c.
PC District Matters. Matters specified in an adopted Community Plan for a PC
District.
d.
Planning Director Appeals. Appeals of the Planning Director, or designee’s,
decision on Development Plan Review requests.
e.
Conditioned Matters. Matters specified by conditions of approval or stipulations
on the property, whether adopted by ordinance, resolution, or otherwise; requiring
Planning and Zoning Board approval.
f.
Board Business. Rules for the conduct of Planning and Zoning Board business.
Section 3:
That Mesa City Code Title 11, Chapter 66, Section 6 titled “Design Review Board” is
hereby repealed in its entirety and replaced with a new Mesa City Code Title 11, Chapter 66, Section 6,
titled “Design Review Board” as follows:
11-66-6: - DESIGN REVIEW BOARD
A.
Establishment and Organization of the Design Review Board. The Design Review Board is
established by Title 2 - Boards and Commissions, Design Review Board of the Mesa City Code.
1.
Qualification of Members. The composition of the Board shall include:
a.
Two (2) licensed architects;
b.
Two (2) other design professionals (e.g., architect, landscape architect, engineer,
urban planner, interior designer or similar design-related profession);
c.
One (1) contractor or developer; and
d.
Two (2) citizens selected at-large from the community.
2.
Rules of Conduct. The Board shall adopt rules for the conduct of its business. The Board
may, in such rules, delegate certain responsibilities and/or tasks to be performed by a
subcommittee or subcommittees of the Board.
B.
Meetings.
1.
Meetings of the Board are open to the public and the minutes of its proceedings are kept
and filed in the Planning Division office as a public record. The Secretary of the Board is
5
the Planning Director or a member of the Planning Division staff designated by the
Planning Director.
2.
At least four (4) members of the Board shall be present to conduct a meeting and an
affirmative vote of a majority of the quorum present and voting shall be required to pass a
motion.
3.
The concurring vote of four (4) of the Board members present is necessary to pass a motion
to approve an appeal of a decision of the Planning Director.
4.
The Chair, or in the Chair's absence the Vice Chair, shall lead the meeting, maintain order,
and be the final decision maker for all meeting management questions.
5.
The Board shall meet as needed.
C.
Authority and Duties of the Design Review Board. In addition to the powers and duties
established in Title 2 - Boards and Commissions, Design Review Board of the Mesa City Code, the
Design Review Board shall:
1.
Hear and Make Recommendations. The Design Review Board shall hear and make
recommendations on the following:
a.
Alternative Compliance. Requests for Alternative Compliance to the Site Planning
and Design Standards of Chapters 5, 6, 7, and 8 of this Ordinance.
b.
Municipal Projects. Municipal projects of the City of Mesa, including all fire
stations, libraries, parking lots with over 50 spaces, and any municipal building or
project of the City of Mesa that meets the applicability for Development Plan
Review in Chapter 69 of this Ordinance.
c.
PC District Matters. Matters specified in an adopted Planned Community Plan for
a PC District.
d.
Planning Director Referral. Projects referred by the Planning Director.
e.
Directed by City Council. Other matters as directed by the City Council.
2.
Hear and Take Action On. The Design Review Board shall hear and take action on the
following:
a.
Planning Director Appeals. Appeals of the Planning Director, or designee’s,
decision on Alternative Compliance requests.
b.
Conditioned Matters. Matters specified by conditions of approval or stipulations
on the property, whether adopted by ordinance, resolution, or otherwise; requiring
Design Review Board approval.
Section 4:
That Mesa City Code Title 11, Chapter 67, Section 12 titled “Appeals” is hereby modified
as follows:
11-67-12: - APPEALS
A final decision is subject to appeal according to the standards in Chapter 77 - Appeals. Table 11-67-12
summarizes the appeal process for each body issuing a final decision.
6
Table 11-67-12: Appeal Bodies
Initial Decision-Maker
Appeal Body
Historic Preservation Officer
Historic Preservation Board
Zoning Administrator
Board of Adjustment
Zoning Administrator - Alternative Landscape Plan Design Review Board
Zoning Administrator Hearing Officer
Board of Adjustment
Board of Adjustment
Superior Court, per A.R.S. § 9-462.06.K
Planning Director, Site Development Plan
REVIEW Modification
Planning & AND Zoning Board
Planning Director, Design Review
ALTERNATIVE COMPLIANCE
Design Review Board
Historic Preservation Board
City Council
Planning & AND Zoning Board
City Council
Design Review Board
City Council
Planning Hearing Officer
City Council
City Council
Superior Court, where applicable under state law
Section 5:
RECITALS. The recitals above are fully incorporated in this Ordinance by reference, and
each recital represents a finding of fact and determination made by the City Council.
Section 6:
AMENDED LANGUAGE. In the sections of this Ordinance that modify the current
language of the Mesa City Code (i.e., Sections 1 and 4), new language is shown in BOLD ALL CAPS and
deleted language is shown in strikethrough.
Section 7:
PRESERVATION OF RIGHTS AND DUTIES. This Ordinance does not affect suits
pending, rights and duties that matured or were existing, or penalties that were incurred or proceedings that
were initiated prior to the effective date of this Ordinance.
Section 8:
EFFECTIVE DATE. The effective date of this Ordinance is thirty (30) days after the
adoption of this Ordinance.
Section 9:
SEVERABILITY. If any term, provision, section, subsection, sentence, clause, phrase or
portion of this Ordinance or any part of the material adopted herein by reference is for any reason held to
be invalid, unenforceable, or unconstitutional by the decision of a court of competent jurisdiction, the
remaining provisions of this Ordinance shall remain in effect.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MESA, ARIZONA, this 26th
day of January, 2026.
APPROVED:
Mark Freeman, Mayor
7
ATTEST:
Holly Moseley, City Clerk