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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
neighborhood variance index; hearing
Purpose
Allows a municipal planning agency or county planning and zoning commission (county planning commission) to prepare and recommend specific plans and measures to improve the neighborhood variance index in a petitioning community.
Background
The legislative body of a municipality may establish a planning agency by ordinance. The municipal planning agency duties include: 1) developing and maintaining a general plan; and 2) developing specific plans as necessary to implement the general plan (A.R.S. § 9-461.01). If a municipality has a planning commission, the planning commission must hold one public hearing on a specific plan, regulation or amendment prior to any legislative body hearing and provide notice of the hearing between 15 and 30 days prior to the hearing (A.R.S. § 9-461.09).
A county board of supervisors (county BOS) must form a planning and zoning commission for consultation and advice regarding matters of planning, zoning and subdivision platting (A.R.S. § 11-802). Before recommending a zoning ordinance formulated and drafted by the commission, a county commission must hold a public hearing after providing at least a 15-day notice (A.R.S. § 11‑813).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a municipal planning agency or county planning commission to hold a hearing if 20 percent of the qualified electors residing in a community petition the planning agency setting forth the perimeters of the community.
2. Authorizes the municipal planning agency or county planning commission to prepare specific plans and measures that may be required to improve the neighborhood variance index in the petitioning community.
3. Authorizes the municipal planning agency to recommend the plans and measures to the municipal legislative body for adoption.
4. Authorizes the county planning commission to recommend the plans and measures to the county board of supervisors.
5. Defines community as a locality in which a group of individuals resides in more or less proximity having common interests in services such as public health, police and fire protection and water services and where residents mingle in business, social, educational and recreational activities.
6. Defines neighborhood variance index as the percentage of residential structures that are being used for a period of at least six months for purposes other than permanent residential occupancy.
7. Becomes effective on the general effective date.
Prepared by Senate Research
February 18, 2020
LB/gs