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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
rezoning; administrative act; referral prohibited
Purpose
Deems the approval of an application for rezoning, by the legislative body of a municipality or county, an administrative act that is not subject to a referendum petition.
Background
Municipalities and counties may adopt zoning ordinances and codes to
conserve and promote the public health, safety, convenience and general welfare
(A.R.S. §§ 9-462.01
and
11-811).
The governing body of a municipality or county must adopt by ordinance a
citizen review process that applies to all rezoning applications. The citizen
review process must include at least: 1) notifying adjacent landowners and
other potentially affected citizens of the application;
2) informing adjacent landowners and other potentially affected citizens on the
substance of the proposed rezoning; and 3) providing adjacent landowners and
other potentially affected citizen an opportunity to express any issues or
concerns regarding the rezoning before a required public hearing. All rezoning
applications must be adopted following the citizen review and public hearing
process as prescribed by statute (A.R.S. §§ 9-462.03;
9-462.04
and 11-814).
The Arizona Constitution grants qualified electors the power of the referendum to approve or reject at the polls all matters on which a city, town or county is empowered by general laws to legislate. A person or organization may file a referendum petition against the rezoning of a parcel of property on the approval by the city or town council of the ordinance that adopts the rezoning or on the approval of that portion of the minutes of the city or town council that include the council's approval of the rezoning, whichever occurs first (Ariz. Const. art. 4, pt. 1 § 1; A.R.S. § 19-142).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Deems the approval of an application for rezoning, by the legislative body of a municipality or county, an administrative act.
2. Precludes the approval of an application for rezoning, by the legislative body of a municipality or county, from the filing of a referendum petition by a person or organization.
3. Specifies that the approval of an application for rezoning, by the legislative body of a municipality or county, is all of the following:
a) of a temporary and special character;
b) pursuing a plan already adopted by the municipality or county; and
c) of a specific and limited application.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date, retroactive to July 1, 2024.
Amendments Adopted by Committee
· Adds a retroactive date of July 1, 2024.
Senate Action
RAGE 2/5/25 DPA 5-2-0
Prepared by Senate Research
February 6, 2025
JT/ci