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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
board of supervisors; actions; delay
Purpose
Stipulates that, if a majority of county supervisorial districts elect a new supervisor, any rezoning action taken by the county board of supervisors (county BOS) after the election and before the supervisors take office is not effective for at least 90 days after the new supervisors take office.
Background
A county BOS must enforce zoning rules, regulations, ordinances and plans by forming a zoning commission (commission) to consult with and advise on zoning matters. The commission must hold a public hearing regarding a rezoning proposal and after the hearing, the commission may propose a rezoning to the county BOS. The county BOS may adopt the rezoning recommendations with a majority vote in counties with fewer than five supervisors, or for counties with more than five supervisors if a protest has not been filed. If 20 percent of property owners within the zoning area as outlined file a protest to the proposed rezoning, the rezoning requires a three-fourths vote for counties with five or more supervisors. If any supervisors are unable to vote on the question due to a conflict of interest, the required number of votes for the passage of the question is three-fourths of the remaining membership of the county BOS for counties with more than five supervisors. The required number of votes must be less than a majority of the full membership of the board. Rezoning of land that is not owned by the county that changes the zoning classification may not be enacted as an emergency measure and the change is not effective for at least 30 days after the final approval. If a resident files a written objection with the county BOS, the rezoning may be enacted as an emergency measure by a four-fifths vote for counties with five or more supervisors or a two-thirds majority vote for counties with fewer than five supervisors (A.R.S. ยงยง 11-802 and 11-814).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates that, if a majority of supervisorial districts have elected a new supervisor, any rezoning action taken by the county BOS after the election and before the new supervisors take office is not effective for at least 90 days after the new supervisors take office.
2. Prohibits the required number of votes for the passage of a question, if any supervisors are unable to vote because of a conflict of interest, from being less than a majority of the full membership of the county BOS, rather than requiring the number of votes be less than a majority.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2025
AN/DL/slp