ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: COM DPA/SE On Recon 9-1-0-0

HB 2734: ~~affordable housing; parking requirements; prohibition~~

NOW: public hearings; voting

Sponsor: Representative Ortiz, LD 24

House Engrossed

Overview

Limits public hearings on any residential rezoning ordinance to two hearings and changes the deadline to file a protest against a proposed zoning amendment.

History

Statute authorizes municipalities to adopt zoning ordinances and codes to conserve and promote the public health, safety and general welfare and outlines zoning guidelines and requirements. Municipalities must adopt, by ordinance, a citizen review process that applies to all rezoning and specific plan applications that require a public hearing (A.R.S. § 9-462.03).

If a municipality has a planning commission or a hearing officer, the commission or officer must hold a public hearing on any zoning ordinance. After the hearing, the commission or office renders a written recommendation to the governing body of the municipality. The governing body may adopt the recommendations without holding a second public hearing provided there is no objection, request for public hearing or other protest.

If 20% or more of the owners of the property within the zoning area of the affected property file a written protest against a proposed amendment, the change can only become effective by a favorable vote of three-fourths of all members of the governing body. If any members of the governing body are unable to vote on such a question, then the required number of votes for passage of the question is three-fourths of the remaining membership of the governing body, provided that such required number of votes cannot be less than a majority of the full membership of the legally established governing body (A.R.S. § 9-462.04).

Provisions

1. Limits public hearings on any residential rezoning ordinance to two hearings. (Sec 1)

2. Specifies the property for which property owners within a zoning area may file a protest against a proposed zoning amendment excludes government owned property. (Sec. 1)

3. Changes the deadline to file a protest against a proposed amendment from no later than 12:00 noon one business day before the voting date to no later than 12:00 noon three business days before the voting date. (Sec. 1)

4. Stipulates the specified deadline to file a protest applies unless the municipality is closed because of a state or national holiday, then the protest must be filed by 12:00 noon the next business day. (Sec. 1)

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8. HB 2734

9. Initials PB Page 0 House Engrossed

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