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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Counties
Chapter : COUNTY AUTHORITIES
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11-701 Formation of authority
A. The board of supervisors of a county may establish a county sports authority to
include the incorporated and unincorporated areas of the county. To establish the
authority the board of supervisors shall adopt a resolution stating:
1. The name of the proposed authority.
2. The boundaries of the proposed authority, which shall be coterminous with the
boundaries of the county.
3. The necessity for the authority, including a statement that the public interest,
convenience and necessity will be promoted by establishing the authority.
4. A general statement of the sports facilities and the services to be provided by
the authority.
5. Such other matters as the board deems necessary.
B. The resolution shall set a date for a hearing on the resolution, not less than
twenty-one nor more than forty days from the date of the resolution. The notice of the
hearing shall contain substantially all the information contained in the resolution and
shall be published once each week for at least three consecutive weeks before the hearing
in a newspaper of general circulation in the county. The board shall meet at the time
and place fixed for the hearing. At the hearing the board shall hear all persons who
wish to appear in favor of or against establishing the authority.
C. If, after the hearing, it appears to the board that the public interest,
convenience and necessity will be served by establishing the authority the board shall
declare its findings and order the formation of the authority under the designated
corporate name. The board shall file a certified copy of the proceedings with the county
recorder.
D. A party aggrieved by the action of the board under this section may bring an
action in the superior court in the county in which the authority is located to set aside
the action of the board. The action must be instituted not more than thirty-five days
after entry of the order forming the authority.
E. The board of supervisors may pay the necessary costs incurred in connection with
the formation of the authority from any monies available for that purpose.
F. If established, the authority is a body corporate with the powers and immunities
of a municipal corporation for the purposes of implementing this chapter, including
exemption of its property and bonds from taxation.
11-702 Board of directors; conflict of interest prohibited; violation; classification; powers and duties
A. The authority shall be governed by a board of directors consisting of fifteen
members. In counties having a population of over one million five hundred thousand
persons according to the most recent United States decennial census, the board of
supervisors shall appoint five members, the president of a state university within the
county shall appoint one member and the mayors of the seven most populous cities in that
county shall each appoint one member, except that the mayor of the most populous city
shall appoint three members. In counties having a population of one million five hundred
thousand persons or less according to the most recent United States decennial census, the
board of supervisors shall appoint the fifteen members. Directors must be qualified
electors of the county. In counties having a population of one million five hundred
thousand persons or less according to the most recent United States decennial census, the
board of supervisors shall appoint eight members of the initial board of directors to
terms of two years and seven members to terms of four years. In counties having a
population of over one million five hundred thousand persons according to the most recent
United States decennial census, the board of supervisors shall appoint five members of
the initial board of directors to terms of four years, the mayor of the most populous
city shall appoint three members of the initial board of directors to terms of four
years, the president of a state university within the county shall appoint one member of
the initial board of directors to a term of two years and the remainder of the appointing
cities shall appoint one member of the initial board to a term of two years. All
subsequent members shall be appointed to terms of four years. A director may not be
appointed to more than two consecutive terms.
B. Members of the board of directors shall not have any direct or indirect
financial interest in, or be employed in any capacity by, an entity with which the
authority has a contractual or lessor-lessee relationship other than the ARIZONA board of
regents or an institution under the jurisdiction of the board of regents. A violation of
this section is a class 1 misdemeanor.
C. The board of directors may on behalf of the authority:
1. Adopt and use a corporate seal.
2. Sue and be sued.
3. Enter into contracts, including intergovernmental agreements under chapter 7,
article 3 of this title as necessary to carry out the purposes and requirements of this
chapter.
4. Adopt administrative rules as necessary to administer and operate the authority
and any facility under its jurisdiction.
5. Employ an executive director and administrative and clerical employees and
prescribe the terms and conditions of their employment as necessary to carry out the
purposes of the authority.
6. Acquire by any lawful means, except by eminent domain, and operate, maintain,
encumber and dispose of real and personal property and interests in property.
7. Administer trusts declared or established for the authority, receive and hold in
trust or otherwise property located in or out of this state and, if not otherwise
provided, dispose of the property for the benefit of the authority.
8. Promote events in the public interest that are approved and listed in the budget
under section 11-705, subsection A, paragraph 3, subdivision (d).
9. Accept gifts.
D. The board of directors shall:
1. Appoint from among its members a chairman, secretary and treasurer and such
other officers as may be necessary to conduct its business.
2. Keep and maintain a complete and accurate record of all of its proceedings. All
proceedings and records of the board shall be open to the public as required by title 38,
chapter 3, article 3.1 and title 39, chapter 1.
3. Actively promote the use of the authority's property and lease or sublease the
property for professional and amateur sports events and for other suitable activities for
the benefit of the public.
4. Provide for the maintenance and operation of the properties, facilities,
franchises and interests controlled by the authority.
11-703 Using university property
The board of directors may enter into one or more intergovernmental agreements
pursuant to chapter 7, article 3 of this title with the ARIZONA board of regents or with
any institution under its jurisdiction in the county to lease university real or personal
property. Any such lease may authorize the authority to sublease the property for any
activity suited to the property, including sporting events. In addition, the board of
directors, pursuant to section 11-702, subsection C, paragraph 6, may acquire ownership
of or an ownership interest in any such property. Subject to the provisions of title 4,
the board of directors may permit and regulate the sale, use and consumption of alcoholic
beverages at events held on property acquired, leased or subleased under this section.
11-704 County sports authority fund
A. The authority treasurer shall maintain a county sports authority fund consisting
of all monies received by the authority, including:
1. Payments received from leasing, subleasing or renting facilities.
2. Revenues received by the authority from admissions and concessions and other
proceeds from events held at facilities leased by the authority.
3. Monies received from issuing and selling bonds under article 2 of this chapter.
4. Interest and other income received from investing monies in the fund.
5. Gifts, grants and donations received for that purpose from any private source.
B. Monies in the fund may be used only for the following purposes:
1. Ordinary and necessary administration and operation expenses of the authority,
including:
(a) Reasonable salaries and employee related expenses of employees of the
authority.
(b) Reasonable reimbursement of expenses of members of the board of directors.
2. Making all payments required under any lease or sublease of facilities by the
authority.
3. Repaying and redeeming bonds issued by the authority, including interest and
redemption charges.
4. Academic scholarships, established by the board of directors at the end of the
fiscal year, to any college or university under the jurisdiction of the ARIZONA community
college board or the ARIZONA board of regents. These scholarships shall be funded from
unexpended and unencumbered monies remaining in the fund at the end of the fiscal year
which are not otherwise required as reserves.
C. The treasurer of the authority may invest any unexpended monies in the fund as
provided in title 35, chapter 2, including in the local government investment pool, if
authorized by the state treasurer. Interest and other income from investments shall be
credited to the fund. The treasurer of the authority shall invest the monies so as to
mature at the times when the fund assets will be required for the purposes of this
article. If the liquid assets in the fund become insufficient to meet the authority's
obligations, the board of directors shall direct the treasurer of the authority to
liquidate sufficient securities to meet all of the current obligations and immediately
notify the board of supervisors, the attorney general and the auditor general of the
insufficiency, and the attorney general and auditor general shall investigate and audit
the circumstances surrounding the depletion of the fund and report their findings to the
board of supervisors.
D. The board of directors shall cause an annual audit to be conducted of the fund
by an independent certified public accountant within thirty days after the end of the
fiscal year. The board shall immediately file a certified copy of the audit with the
auditor general. The auditor general may make such further audits and examinations as he
deems necessary, but if he takes no official action within thirty days after the audit is
filed, the audit is deemed sufficient. The board of directors shall pay all fees and
costs of the certified public accountant and auditor general under this subsection from
the fund.
11-705 Annual budget
A. Not later than June 30 each year the board of directors shall hold a public
hearing to adopt and submit to the board of supervisors a budget for the following fiscal
year which shall include:
1. Receipts during the past fiscal year.
2. Expenditures during the past fiscal year.
3. Estimates of amounts necessary for administration and operation expenses during
the following fiscal year including amounts proposed for:
(a) Recurring items of expense.
(b) Capital items.
(c) Unanticipated contingencies and emergencies.
(d) Events to be promoted by the authority in the following fiscal year.
4. Anticipated revenue to the authority in the following fiscal year.
5. A complete asset and liability statement.
6. A statement of profit or loss from operations.
7. Cash on hand as of the date the budget is adopted and the anticipated balance at
the end of the current fiscal year.
8. An itemized statement of commitments, reserves and anticipated obligations for
the following fiscal year.
9. The amount budgeted for scholarships.
B. The budget may be amended during the year to account for unanticipated revenues
received after the budget is adopted.
11-706 Termination of the authority
The board of supervisors may terminate an authority established under this chapter
if it determines that the authority is no longer in the public interest, convenience or
necessity. The termination procedures are the same as prescribed in section 11-701 for
establishing the authority. The termination is effective from and after the following
June 30. On termination the county assumes all outstanding liabilities and obligations
and acquires all assets of the authority.
11-721 County sports authority bonds
A. The authority, through the board of directors, may issue negotiable county
sports authority bonds in a principal amount as in its opinion is necessary to provide
sufficient monies for its activities under section 11-702, maintaining sufficient
reserves in the county sports authority fund to secure the bonds, to pay the necessary
costs of issuing, selling and redeeming the bonds and to pay the other expenditures of
the authority incidental to and necessary and convenient to carry out the purposes of
this chapter.
B. The board must authorize the bonds by resolution. The resolution shall
prescribe:
1. The rate or rates of interest and the denominations of the bonds.
2. The date or dates of the bonds and maturity, not exceeding twenty years from
their respective dates.
3. The coupon or registered form of the bonds.
4. The manner of executing the bonds.
5. The medium and place of payment.
6. The terms of redemption.
C. The bonds shall be sold at public or private sale at the price and on the terms
determined by the board.
D. The board shall publish a notice of its intention to issue bonds under this
article for at least five consecutive days in a newspaper of general circulation in the
county. The last day of publication must be at least ten days before issuing the
bonds. The notice shall state the amount of the bonds to be sold and the intended date
of issuance. A copy of the notice shall be hand delivered or sent, by certified mail,
return receipt requested, to the clerk of the board of supervisors on or before the last
day of publication.
E. In order to secure the principal and interest on the bonds the board may by
resolution:
1. Provide that bonds issued under this section shall be secured by a first lien on
all or part of the monies paid into the county sports authority fund.
2. Pledge or assign to or in trust for the benefit of the holder or holders of the
bonds any part of the county sports authority fund monies as is necessary to pay the
principal and interest of the bonds as they come due.
3. Set aside, regulate and dispose of reserves and sinking funds.
4. Provide that sufficient amounts of the proceeds from the sale of the bonds may
be used to fully or partly fund any reserves or sinking funds set up by the bond
resolution.
5. Prescribe the procedure, if any, by which the terms of any contract with
bondholders may be amended or abrogated, the amount of bonds the holders of which must
consent to and the manner in which consent may be given.
6. Provide for payment from the proceeds of the sale of the bonds of all legal and
financial expenses incurred by the board in the issuance, sale, delivery and payment of
the bonds.
7. Do any other matters which in any way may affect the security and protection of
the bonds.
F. Any pledge made under this article is valid and binding from the time when the
pledge is made. The monies so pledged and received by the treasurer of the authority to
be placed in the county sports authority fund are immediately subject to the lien of the
pledge without any future physical delivery or further act, and any such lien of any
pledge is valid or binding against all parties having claims of any kind in tort,
contract or otherwise against the board irrespective of whether the parties have notice
of the lien. The official resolution or trust indenture or any instrument by which this
pledge is created, when placed in the board's records, is notice to all concerned of the
creation of the pledge, and those instruments need not be recorded in any other place.
G. Neither the members of the board of directors nor any person executing the bonds
is personally liable for the payment of the bonds. The bonds are valid and binding
obligations notwithstanding that before the delivery of the bonds any of the persons
whose signatures appear on the bonds cease to be members of the board. From and after
the sale and delivery of the bonds, they are incontestable by the board.
H. The board, out of any available monies, may purchase bonds, which may thereupon
be canceled, at a price not exceeding either of the following:
1. If the bonds are then redeemable, the redemption price then applicable plus
accrued interest to the next interest payment date.
2. If the bonds are not then redeemable, the redemption price applicable on the
first date after purchase on which the bonds become subject to redemption plus accrued
interest to such date.
11-722 Bond obligations of the authority
Bonds issued under this article are obligations of the county sports authority, are
payable only according to their terms and are not obligations general, special or
otherwise of this state or the county. The bonds do not constitute a legal debt of this
state or the county and are not enforceable against this state or the county. Payment of
the bonds is not enforceable out of any monies other than the income and revenue pledged
and assigned to, or in trust for the benefit of, the holder or holders of the bonds.
11-723 Certification of bonds by county attorney
The board shall submit any bonds issued under this article to the county attorney
after all proceedings for their authorization have been completed. On submission the
county attorney shall examine and pass on the validity of the bonds and the regularity of
the proceedings. If the proceedings comply with this article, and if he determines that,
when delivered and paid for, the bonds will constitute binding and legal obligations of
the board, the county attorney shall certify on the back of each bond, in substance, that
it is issued according to the constitution and laws of this state.
11-724 County sports authority bonds as legal investments
County sports authority bonds issued under this article are securities in which
public officers and bodies of this state and of municipalities and political subdivisions
of this state, all companies, associations and other persons carrying on an insurance
business, all financial institutions, investment companies and other persons carrying on
a banking business, all fiduciaries and all other persons who are authorized to invest in
obligations of the county may properly and legally invest. The bonds are also securities
which may be deposited with public officers or bodies of this state and municipalities
and political subdivisions of this state for purposes which require the deposit of state
or county bonds or obligations.
11-731 Limitation on powers and duties of a county sports authority
A. All jurisdiction, powers, duties and authority of all cities located within any
county which establishes a county sports authority pursuant to section 11-701 shall
continue in full force and effect and shall remain unchanged and undiminished by virtue
of the creation of the county sports authority.
B. To the extent any conflict exists between the jurisdiction, power, duties and
authority of a county sports authority and any city located within the county which
established such county sports authority pursuant to section 11-701, the jurisdiction,
powers, duties and authority of such city shall prevail, control and be superior.
11-801 Definitions
In this chapter, unless the context otherwise requires:
1. "Area of jurisdiction" means that part of the county outside the corporate
limits of any municipality.
2. "Board" means the board of supervisors.
3. "Commission" means the county planning and zoning commission.
4. "Indian reservation" means all lands that are held in trust by the United States
for the exclusive use and occupancy of Indian tribes by treaty, law or executive order
and that are currently recognized as Indian reservations by the United States department
of the interior.
5. "Inspector" means the county zoning inspector.
6. "Newspaper of general circulation in the county seat" means a daily or weekly
newspaper if any is published in the county seat.
7. "Rezoning ordinance" means that portion of a zoning ordinance adopted by the
board of supervisors that identifies the requirements for amending or changing the zoning
district boundaries or regulations within an area previously zoned.
8. "Zoning district" means any portion of a county in which the same set of zoning
regulations applies.
9. "Zoning ordinance" means an ordinance adopted by the board of supervisors, which
shall contain zoning regulations together with a map setting forth the precise boundaries
of zoning districts within which the various zoning regulations are effective.
10. "Zoning regulations" means provisions governing the use of land or buildings, or
both, the height and location of buildings, the size of yards, courts and open spaces,
the establishment of setback lines and such other matters as may otherwise be authorized
under this chapter and which the board deems suitable and proper.
11-802 County planning and zoning
The board of supervisors of a county, in order to conserve and promote the public
health, safety, convenience and general welfare, and in accordance with the provisions of
this chapter, shall plan and provide for the future growth and improvement of its area of
jurisdiction, and coordinate all public improvements in accordance therewith, form a
planning and zoning commission to consult with and advise it regarding matters of
planning, zoning, and subdivision platting and in the manner provided in this chapter,
adopt and enforce such rules, regulations, ordinances and plans as may apply to the
development of its area of jurisdiction.
11-803 County planning and zoning commission; membership; terms; advisory officers
A. In the counties having three supervisorial districts, the county planning and
zoning commission shall consist of nine members who shall be qualified electors of the
county. Three members shall be appointed from each supervisorial district by the
supervisor from that district, and not more than one of the three may be a resident of an
incorporated municipality. Members of the commission shall serve without compensation
except for reasonable travel expenses.
B. Except as provided in subsection C of this section, in the counties having five
supervisorial districts, the county planning and zoning commission shall consist of ten
members who shall be qualified electors of the county. Two members shall be appointed
from each supervisorial district by the supervisor from that district and, if the
district contains at least sixty per cent incorporated area, both members may be
residents of the incorporated area. If the district is less than sixty per cent
incorporated, one member may be a resident from the incorporated area but at least one
member shall be a resident of the unincorporated area. Members of the commission shall
serve without compensation except for reasonable travel expenses.
C. If any supervisorial district is at least ninety per cent Indian reservation and
at least ninety per cent of the district is not subject to county zoning regulations, the
supervisor from the district may appoint some or all of the members to the commission
from any supervisorial district in the county if there is no appointee who is willing to
serve within the supervisorial district. These appointments are subject to the
limitations on residency required by subsections A and B of this section. Members
appointed to the commission pursuant to this subsection require the approval of the
board.
D. The terms of the members of the commissions shall be for four years except for
those initially appointed. Of those members initially appointed pursuant to subsection A
of this section, five members shall be appointed to a two year term and four members
shall be appointed to a four year term. Of those members initially appointed pursuant to
subsection B of this section, five members shall be appointed to a two year term and five
members shall be appointed to a four year term. Thereafter, each term shall be four
years. If a vacancy occurs otherwise than by expiration of term, it shall be filled by
appointment for the unexpired portion of the term. Members of the commission may be
removed by the board for cause.
E. Upon a conversion from three to five supervisorial districts pursuant to section
11-212, the board of supervisors, upon expiration of the terms of members of the
commission serving on the date of such conversion, shall make such appointments to fill
such vacancies to conform to the provisions of subsection B of this section as soon as is
practicable.
F. The county assessor, county engineer, county health officer and county attorney
shall serve in an advisory capacity to the commission and to the boards of adjustment.
11-804 Organization of commission
A. The commission shall:
1. Elect a chairman from among its members for a term of one year, and such other
officers as it may determine.
2. By resolution fix the time and place within the district of regular meetings,
and hold at least one regular meeting each month, and such additional meetings as the
chairman or a majority of the commission deems necessary.
3. Adopt rules for the transaction of business, and keep a record of its
resolutions, transactions, findings and determinations, which record shall be a public
record and be open to public inspection.
4. Transmit all of its recommendations, decisions, findings, reports and official
actions, regardless of vote, to the board of supervisors.
B. A majority of the commission shall constitute a quorum for the transaction of
business and a majority vote of the quorum shall be required for any official action.
11-805 Consultants; employees; use of services by city or town
A. The board may contract with consultants for services as may be required, employ
such persons and provide funds as it deems necessary to carry on the work of the
commission and the enforcement of this chapter.
B. When and after a consultant, employees, or both, are provided to carry on county
planning work as set forth in this chapter, the regularly appointed planning and zoning
commission of an incorporated city or town within the county may request the services of
the consultant, staff, or both, for consultation and advice including the preparation or
review of comprehensive plans, zoning ordinances, and subdivision regulations within the
boundaries of the incorporated city or town, and the board, if it deems it proper after
consultation with the commission, may make such services available as are mutually
agreeable to the board, commission, and city or town affected.
11-806 Powers and duties; comprehensive plan
A. The commission shall act in an advisory capacity to the board and may from time
to time, and shall, when requested by the board, make a report or recommendation in
connection with any matter relating to the development of the county under the
jurisdiction of the board. The commission shall make such investigations, maps, reports
and recommendations in connection therewith as seem desirable within the limits of the
funds available.
B. The commission shall prepare and recommend to the board a comprehensive plan of
the area of jurisdiction of the county in the manner prescribed by article 2 of this
chapter. The purpose of the plan is to bring about coordinated physical development in
accordance with the present and future needs of the county. The comprehensive plan shall
be developed so as to conserve the natural resources of the county, to ensure efficient
expenditure of public funds, and to promote the health, safety, convenience, and general
welfare of the public. Such comprehensive plan may include but not be limited to, among
other things, studies and recommendations relative to the location, character and extent
of highways, railroads, bus and other transportation routes, bicycle facilities, bridges,
public buildings, public services, schools, parks, open space, housing quality, variety
and affordability, parkways, hiking and riding trails, airports, forests, wildlife areas,
dams, projects affecting conservation of natural resources, air quality, water quality
and floodplain zoning. For counties with territory in the vicinity of a military airport
or ancillary military facility as defined in section 28-8461, the commission shall also
consider military airport or ancillary military facility operations and, on or before
December 31, 2005, shall identify the boundaries of any high noise or accident potential
zone as defined in section 28-8461 in its comprehensive plan for purposes of planning
land uses in the high noise or accident potential zone that are compatible with the
operation of the military airport or ancillary military facility pursuant to section
28-8481, subsection J. Such comprehensive plan shall be a public record, but its purpose
and effect shall be primarily as an aid to the county planning and zoning commission in
the performance of its duties.
C. After considering any recommendations from the review required under subsection
H of this section, the planning commission shall hold at least one public hearing.
Notice of the time and place of a hearing and availability of studies and summaries
related to the hearing shall be given at least fifteen and not more than thirty calendar
days before the hearing by:
1. Publication at least once in a newspaper of general circulation in the county.
2. Such other manner in addition to publication as the county may deem necessary or
desirable.
D. The board shall adopt a comprehensive plan and subsequently amend or extend the
adopted plan as provided by article 2 of this chapter. Before the adoption, amendment or
extension of the plan, the board shall hold at least one public hearing on the plan.
E. The board of supervisors shall:
1. Adopt written procedures to provide effective, early and continuous public
participation in the development and major amendment of comprehensive plans from all
geographic, ethnic and economic areas of the county. The procedures shall provide for:
(a) The broad dissemination of proposals and alternatives.
(b) The opportunity for written comments.
(c) Public hearings after effective notice.
(d) Open discussions, communications programs and information services.
(e) Consideration of public comments.
2. Consult with, advise and provide an opportunity for official comment by public
officials and agencies, municipalities, school districts, associations of governments,
public land management agencies, the military airport if the county's area of
jurisdiction includes territory in the vicinity of a military airport or ancillary
military facility as defined in section 28-8461, other appropriate government
jurisdictions, public utility companies, civic, educational, professional and other
organizations, property owners and citizens generally to secure the maximum coordination
of plans and to indicate properly located sites for all public purposes on the plan.
3. In counties having a population of less than four hundred thousand persons,
receive petitions to form a rural planning area that are signed by persons who own real
property in any specific portion of the county outside the corporate boundaries of any
cities and towns. The petitions must be signed by owners of a majority of the acres of
real property in the proposed planning area. Participation in the rural planning area is
voluntary, and any person may withdraw real property owned by the person from the
planning area. The board of supervisors shall encourage voluntary participation in the
planning area and shall aid the planning areas in providing a sound factual and policy
basis for planning. The recommendations of rural planning areas shall emphasize
voluntary, nonregulatory incentives for compliance and accommodation of continuing
traditional rural and agricultural enterprises. Rural planning areas shall transmit
their recommendations to the board of supervisors for its consideration for inclusion in
the county comprehensive plan.
F. In any county having a population of less than four hundred thousand persons,
any cities and towns and the county sharing a multijurisdictional area with a combined
population of more than fifty thousand but less than one hundred thousand persons,
according to the most recent department of economic security estimates, may voluntarily
form rural planning zones to develop coordinated and comprehensive regional plans.
G. The commission shall confer with the state land department and the governing
bodies and planning commissions of cities and towns in the county for the purpose of
guiding and accomplishing a coordinated, adjusted and harmonious development of the
county, of zoning districts, of urban growth and of public improvements and utilities
which do not begin and terminate within the boundaries of any single city or town and
which will, in accordance with the present and future needs of the county, best promote
with efficiency and economy the health, safety, morals, order, convenience or general
welfare of the public.
H. At least sixty days before the comprehensive plan or an element or major
amendment of a comprehensive plan is noticed pursuant to subsection C of this section,
the commission shall transmit the proposal to the board of supervisors and submit a copy
for review and further comment to:
1. Each municipality in the county.
2. Each other county that is contiguous to the county.
3. The regional planning agency in the county.
4. The department of commerce or any other state agency that is subsequently
designated as the general planning agency for this state.
5. The department of water resources for review and comment on the water resources
element, if a water resources element is required.
6. If the comprehensive plan or an element or amendment of the comprehensive plan
is applicable to territory in the vicinity of a military airport or ancillary military
facility as defined in section 28-8461, the military airport.
7. If the comprehensive plan or an element or major amendment of the comprehensive
plan is applicable to property in the high noise or accident potential zone of a military
airport or ancillary military facility as defined in section 28-8461, the attorney
general. For the purposes of this paragraph, "major amendment" means a substantial
alteration of the county's land use mixture or balance as established in the county's
existing comprehensive plan land use element for that area of the county.
8. Any person or entity that requests in writing to receive a review copy of the
proposal.
I. If a county's area of jurisdiction includes land in a high noise or accident
potential zone as defined in section 28-8461, in order to facilitate development in the
high noise or accident potential zone that conforms to the compatible uses prescribed in
section 28-8481, subsection J, the county may approve the transfer of development rights
and enter into intergovernmental agreements with any city or town or other county.
11-807 Boards of adjustment; powers; appeals
A. There shall be one or more boards of adjustment composed of not less than three
nor more than five members each, one of which shall be appointed in and shall have
jurisdiction in each supervisorial district in which the zoning ordinance has been
applied. The members of each board shall be appointed for staggered terms of four years
each. They shall be residents and taxpayers of the district from which appointed.
B. The board of adjustment may:
1. Interpret the zoning ordinance when the meaning of any word, phrase or section
is in doubt, when there is dispute between the appellant and enforcing officer, or when
the location of a district boundary is in doubt.
2. Allow a variance from the terms of the ordinance when, owing to peculiar
conditions, a strict interpretation would work an unnecessary hardship, if in granting
such variance the general intent and purposes of the zoning ordinance will be preserved.
C. Appeals to an adjustment board may be taken by any person who feels that there
is error or doubt in the interpretation of the ordinance or that due to unusual
circumstances attaching to the person's property an unnecessary hardship is being
inflicted on the person. The appeal shall state whether it is a plea for an
interpretation or a variance and the grounds for the appeal.
D. Any person aggrieved in any manner by an action of a board of adjustment may
within thirty days appeal to the superior court, and the matter shall be heard de novo.
11-808 Enforcement; county zoning inspector; deputies; building permits; violations; classification; civil penalties; hearing officers and procedures
A. The county zoning ordinance shall provide for its enforcement within a zoned
territory by means of withholding building permits, and for such purposes may establish
the position of county zoning inspector, and such deputy inspectors as may be required,
who shall be appointed by the board.
B. From and after the establishment and filling of the position, it shall be
unlawful to erect, construct, reconstruct, alter or use any building or other structure
within a zoning district covered by the ordinance without first obtaining a building
permit from the inspector and for that purpose the applicant shall provide the zoning
inspector with a sketch of the proposed construction containing sufficient information
for the enforcement of the zoning ordinance. No permit shall be required for repairs or
improvements of a value not exceeding five hundred dollars. Reasonable fees may be
charged for the issuance of a permit. The inspector shall recognize the limitations
placed on his authority by section 11-821, and shall issue the permit when it appears
that the proposed erection, construction, reconstruction, alteration or use fully
conforms to the zoning ordinance. In any other case he shall withhold the permit.
C. It is unlawful to erect, construct, reconstruct, maintain or use any land in any
zoning district in violation of any regulation or any provision of any ordinance
pertaining thereto and any such violation constitutes a public nuisance. Any person,
firm or corporation violating such an ordinance, or any part thereof, is guilty of a
class 2 misdemeanor. Each and every day during which the illegal erection, construction,
reconstruction, alteration, maintenance or use continues is a separate offense.
D. A county may establish civil penalties for violation of any zoning regulation or
ordinance. Civil penalties shall not exceed the amount of the maximum fine for a class 2
misdemeanor. Each day of continuance of the violation constitutes a separate
violation. If an alleged violator is served with a notice of violation pursuant to
subsection E of this section, he shall not be subject to a criminal charge arising out of
the same facts.
E. A county that establishes a civil penalty for violation of a zoning regulation
or ordinance may appoint hearing officers to hear and determine zoning
violations. Whenever the zoning inspector reports a zoning violation to the hearing
officer, the hearing officer shall hold a hearing after serving notice of the hearing on
the violator. The notice shall be personally served on the alleged violator by the
zoning inspector at least five days prior to the hearing. If the zoning inspector is
unable to personally serve the notice, the notice may be served in the same manner
prescribed for alternative methods of service by the ARIZONA rules of civil procedure. A
notice served upon the alleged violator other than by personal service shall be served at
least thirty days prior to the hearing.
F. At the hearing, the zoning inspector shall present evidence showing the
existence of a zoning violation and the alleged violator or his attorney or other
designated representative shall be given a reasonable opportunity to present
evidence. The county attorney may present evidence on behalf of the zoning
inspector. At the conclusion of the hearing the hearing officer shall determine whether
a zoning violation exists and, if a violation is found to exist, may impose civil
penalties in accordance with subsection D of this section.
G. A hearing officer may be an employee of the county and shall be appointed by the
board of supervisors. A review of decisions of the hearing officer by the board of
supervisors shall be available to any party to the hearing. The board of supervisors
shall promulgate written rules of procedure for the hearing and review of hearings, which
shall be adopted in the same manner as zoning ordinances. Judicial review of the final
decisions of the board of supervisors shall be pursuant to title 12, chapter 7, article
6. A county that establishes civil penalties for violation of a zoning regulation or
ordinance is not precluded from pursuing the remedies as provided for in subsection H of
this section.
H. If any building or structure is or is proposed to be erected, constructed,
reconstructed, altered, maintained or used or any land is or is proposed to be used in
violation of this chapter or any ordinance, regulation or provision enacted or adopted by
the board under the authority granted by this chapter, the board, the county attorney,
the inspector or any adjacent or neighboring property owner who is specially damaged by
the violation, in addition to the other remedies provided by law, may institute
injunction, mandamus, abatement or any other appropriate action or proceedings to prevent
or abate or remove the unlawful erection, construction, reconstruction, alteration,
maintenance or use.
11-809 Review of land divisions; definitions
A. The board of supervisors of each county may adopt ordinances and regulations
pursuant to this section for staff review and approval of land divisions of five or fewer
lots, parcels or fractional interests, any of which is ten acres or smaller in size. The
county may not deny approval of any land division that meets the requirements of this
section. If review of the request is not completed within thirty days after receiving the
request, the land division is considered to be approved. At its option, the board of
supervisors may submit a ballot question to the voters of the county to allow the voters
to determine the application of subsections B and C to qualifying land divisions in that
county.
B. An application to split a parcel of land shall be approved if:
1. The lots, parcels or fractional interests each meet the minimum applicable
county zoning requirements of the applicable zoning designation.
2. The applicant provides a standard preliminary title report or other acceptable
document that demonstrates legal access to the lots, parcels or fractional interests.
3. The applicant provides a statement from a licensed surveyor or engineer, or
other evidence acceptable to the county, stating whether each lot, parcel or fractional
interest has physical access that is traversable by a two-wheel drive passenger motor
vehicle.
4. The applicant reserves the necessary and appropriate utility easements to serve
each lot, parcel or fractional interest created by the land division.
C. An application to split a parcel of land that does not comply with one or more
of the items listed in subsection B shall still be approved if the applicant provides an
acknowledgment that is signed by the applicant and that confirms that no building or use
permit will be issued by the county until the lot, parcel or fractional interest has met
the requirements of subsection B. The county may grant a variance from one or more of
the items listed in subsection B.
D. Any approval of a land division under this section may:
1. Include the minimum statutory requirements for legal and physical on-site access
that must be met as a condition to the issuance of a building or use permit for the lots,
parcels or fractional interests.
2. Identify topographic, hydrologic or other site constraints, requirements or
limitations that must be addressed as conditions to the eventual issuance of a building
or use permit. These constraints, requirements or limitations may be as noted by the
applicant or through county staff review, but there shall be no requirement for
independent studies.
E. If the requirements of subsections A through D do not apply, a county may adopt
ordinances and regulations pursuant to this chapter for staff review of land divisions of
five or fewer lots, parcels or fractional interests but only to determine compliance with
minimum applicable county zoning requirements and legal access, and may grant waivers
from the county zoning and legal access requirements. The county may not deny approval of
any land division that meets the requirements of this section or where the deficiencies
are noticed in the deed. A county may not require a public hearing on a request to divide
five or fewer lots, parcels or fractional interests, and if review of the request is not
completed within thirty days from receipt of the request, the land division shall be
deemed approved. If no legal access is available, the legal access does not allow access
by emergency vehicles or the county zoning requirements are not met, the access or zoning
deficiencies shall be noticed in the deed. If a county by ordinance requires a legal
access of more than twenty-four feet roadway width, the county is responsible for the
improvement and maintenance of the improvement. If the legal access does not allow
access to the lots, parcels or fractional interests by emergency vehicles, neither the
county nor its agents or employees are liable for damages resulting from the failure of
emergency vehicles to reach such lot, parcel or fractional interest.
F. It shall be unlawful for a person or group of persons acting in concert to
attempt to avoid the provisions of this section or the subdivision laws of this state by
acting in concert to divide a parcel of land into six or more lots or sell or lease six
or more lots by using a series of owners or conveyances. This prohibition may be
enforced by any county where the division occurred or by the state real estate department
pursuant to title 32, chapter 20.
G. In this section:
1. "Legal access" means a public right of vehicular ingress and egress between the
lots, parcels or fractional interests being created.
2. "Minimum applicable county zoning requirements" means the minimum acreage and
dimensions of the resulting lot, parcel or fractional interest as required by the
county's zoning ordinance.
3. "Utility easement" means an easement of eight feet in width dedicated to the
general public to install, maintain and access sewer, electric, gas and water utilities.
11-810 Appeals of county actions; dedication or exaction; excessive reduction in property value; burden of proof; attorney fees
A. Notwithstanding any other provision of this chapter, a property owner may appeal
the following actions relating to the owner's property by a county, or an administrative
agency or official of a county, in the manner prescribed by this section:
1. The requirement by a county of a dedication or exaction as a condition of
granting approval for the use, improvement or development of real property. This section
does not apply to a dedication or exaction that is required in a legislative act of the
board of supervisors and that does not give discretion to an administrative agency or
official to determine the nature or extent of the dedication or exaction.
2. The adoption or amendment of a zoning regulation by a county that creates a
taking in violation of section 11-811.
B. The county shall notify the property owner that the property owner has the right
to appeal the county's action pursuant to this section and shall provide a description of
the appeal procedure. The county shall not request the property owner to waive the right
of appeal or trial de novo at any time during the consideration of the property owner's
request.
C. The appeal shall be in writing and filed with or mailed to a hearing officer
designated by the board of supervisors within thirty days after the final action is
taken. The county shall submit a takings impact report to the hearing officer. No fee
shall be charged for filing the appeal.
D. After receipt of an appeal, the hearing officer shall schedule a time for the
appeal to be heard not later than thirty days after receipt. The property owner shall be
given at least ten days' notice of the time when the appeal will be heard unless the
property owner agrees to a shorter time period.
E. In all proceedings under this section the county has the burden to establish
that there is an essential nexus between the dedication or exaction and a legitimate
governmental interest and that the proposed dedication, exaction or zoning regulation is
roughly proportional to the impact of the proposed use, improvement or development or, in
the case of a zoning regulation, that the zoning regulation does not create a taking of
property in violation of section 11-811. If more than a single parcel is involved this
requirement applies to the entire property.
F. The hearing officer shall decide the appeal within five working days after the
appeal is heard. If the county does not meet its burden under subsection E of this
section, the hearing officer shall:
1. Modify or delete the requirement of the dedication or exaction appealed under
subsection A, paragraph 1 of this section.
2. In the case of a zoning regulation appealed under subsection A, paragraph 2 of
this section, the hearing officer shall transmit a recommendation to the board of
supervisors.
G. If the hearing officer modifies or affirms the requirement of the dedication,
exaction or zoning regulation, a property owner aggrieved by a decision of the hearing
officer may file, at any time within thirty days after the hearing officer has rendered a
decision, a complaint for a trial de novo in the superior court on the facts and the law
regarding the issues of the condition or requirement of the dedication, exaction or
zoning regulation. In accordance with the standards for granting preliminary injunctions,
the court may exercise any legal or equitable interim remedies that will permit the
property owner to proceed with the use, enjoyment and development of the real property
but that will not render moot any decision upholding the dedication, exaction or zoning
regulation.
H. All matters presented to the superior court pursuant to this section have
preference on the court calendar on the same basis as condemnation matters, and the court
shall further have the authority to award reasonable attorney fees incurred in the appeal
and trial pursuant to this section to the prevailing party. The court may further award
damages that are deemed appropriate to compensate the property owner for direct and
actual delay damages on a finding that the county acted in bad faith.
11-811 Compliance with court decisions
A county or an agency or instrumentality of a county shall comply with the United
States Supreme Court cases of Dolan v. City of Tigard , 512 U.S. 374 (1994), Nollan v.
California Coastal Commission , 483 U.S. 825 (1987), Lucas v. South Carolina Coastal
Council , 505 U.S. 1003 (1992), First English Evangelical Lutheran Church v. County of Los
Angeles , 482 U.S. 304 (1987), Palazzolo v. Rhode Island , 533 U.S. 606 (2001),
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency ,
_____U.S._____(2002) and ARIZONA and federal appellate court decisions that are binding
on ARIZONA counties interpreting or applying those cases.
11-821 County plan; definitions
A. The commission shall formulate and the board of supervisors shall adopt or
readopt a comprehensive long-term county plan for the development of the area of
jurisdiction in the manner prescribed by this article. The planning commission shall
coordinate the production of the county plan with the creation of the conceptual state
land use plans under title 37, chapter 2, article 5.1. The county plan, with the
accompanying maps, plats, charts and descriptive matter, shall show the commission's
recommendations for the development of the area of jurisdiction together with the general
zoning regulations. The county plan shall be made with the general purpose of guiding
and accomplishing a coordinated, adjusted and harmonious development of the area of
jurisdiction. In the preparation of the county plan the commission shall make surveys
and studies of the present conditions and prospective future growth of the area of the
jurisdiction. The planning commission shall cooperate with the state land department
regarding integrating the conceptual state land use plans into the county plan. The
county plan shall include provisions that identify changes or modifications that
constitute amendments and major amendments to the plan.
B. In addition to the other matters that are required or authorized under this
section and article 1 of this chapter, the county plan:
1. Shall provide for zoning, shall show the zoning districts designated as
appropriate for various classes of residential, business and industrial uses and shall
provide for the establishment of setback lines and other plans providing for adequate
light, air and parking facilities and for expediting traffic within the districts.
2. May establish the percentage of a lot or parcel which may be covered by
buildings, and the size of yards, courts and other open spaces.
3. Shall consider access to incident solar energy.
4. May provide for retirement community zoning districts.
5. May provide for the regulation and use of business licenses, adult oriented
business manager permits and adult service provider permits in conjunction with the
establishment or operation of adult oriented businesses and facilities, including adult
arcades, adult bookstores or video stores, cabarets, adult live entertainment
establishments, adult motion picture theaters, adult theaters, massage establishments and
nude model studios. With respect to cabarets, the plan shall not conflict with specific
statutory or valid regulatory requirements applicable to persons licensed to dispense
alcoholic beverages, but the plan may include regulation of the age and conduct of erotic
entertainers in a manner at least as restrictive as rules adopted under title 4.
C. In addition to the other matters that are required or authorized under this
section and article 1 of this chapter, for counties having a population of more than one
hundred twenty-five thousand persons according to the most recent United States decennial
census, the county plan shall include, and for other counties the county plan may
include:
1. Planning for land use that designates the proposed general distribution and
location and extent of uses of the land for housing, business, industry, agriculture,
recreation, education, public buildings and grounds, open space and other categories of
public and private uses of land appropriate to the county. The land use plan shall
include:
(a) A statement of the standards of population density and building intensity
recommended for the various land use categories covered by the plan.
(b) Specific programs and policies that the county may use to promote compact form
development activity and locations where those development patterns should be encouraged.
(c) Consideration of air quality and access to incident solar energy for all
general categories of land use.
(d) Policies that address maintaining a broad variety of land uses including the
range of uses existing in the county at the time the plan is adopted, readopted or
amended.
2. Planning for circulation consisting of the general location and extent of
existing and proposed freeways, arterial and collector streets, bicycle routes and any
other modes of transportation as may be appropriate, all correlated with the land use
plan under paragraph 1 of this subsection.
3. Planning for water resources that addresses:
(a) The known legally and physically available surface water, groundwater and
effluent supplies.
(b) The demand for water that will result from future growth projected in the
county plan, added to existing uses.
(c) An analysis of how the demand for water that will result from future growth
projected in the comprehensive plan will be served by the water supplies identified in
subdivision (a) of this paragraph or a plan to obtain additional necessary water
supplies.
D. In addition to the other matters that are required or authorized under this
section and article 1 of this chapter, for counties having a population of more than two
hundred thousand persons according to the most recent United States decennial census, the
county plan shall include, and for other counties the county plan may include:
1. Planning for open space acquisition and preservation. The open space plan shall
include:
(a) A comprehensive inventory of open space areas, recreational resources and
designations of access points to open space areas and resources.
(b) An analysis of forecasted needs, policies for managing and protecting open
space areas and resources and implementation strategies to acquire additional open space
areas and further establish recreational resources.
(c) Policies and implementation strategies designed to promote a regional system of
integrated open space and recreational resources and a consideration of any existing
regional open space plan.
2. Planning for growth areas, specifically identifying those areas, if any, that
are particularly suitable for planned multimodal transportation and infrastructure
expansion and improvements designed to support a planned concentration of a variety of
uses, such as residential, office, commercial, tourism and industrial uses. The mixed
use planning shall include policies and implementation strategies that are designed to:
(a) Make automobile, transit and other multimodal circulation more efficient, make
infrastructure expansion more economical and provide for a rational pattern of land
development.
(b) Conserve significant natural resources and open areas in the growth area and
coordinate their location to similar areas outside the growth area's boundaries.
(c) Promote the public and private construction of timely and financially sound
infrastructure expansion through the use of infrastructure funding and financing planning
that is coordinated with development activity.
3. An environmental planning element that contains analysis, policies and
strategies to address anticipated effects, if any, of plan elements on air quality, water
quality and natural resources associated with proposed development under the
comprehensive plan. The policies and strategies to be developed under this element shall
be designed to have countywide applicability and shall not require the production of an
additional environmental impact statement or similar analysis beyond the requirements of
state and federal law.
4. A cost of development element that identifies policies and strategies that the
county will use to require development to pay its fair share toward the cost of
additional public facility needs generated by new development, with appropriate
exceptions when in the public interest. This element shall include:
(a) A component that identifies various mechanisms that are allowed by law and that
can be used to fund and finance additional public services necessary to serve the
development, including bonding, special taxing districts, development fees, in lieu fees
and facility construction, dedications and privatization.
(b) A component that identifies policies to ensure that any mechanisms that are
adopted by the county under this element result in a beneficial use to the development,
bear a reasonable relationship to the burden imposed on the county to provide additional
necessary public facilities to the development and otherwise are imposed according to
law.
E. The water resources element of the comprehensive plan does not require:
1. New independent hydrogeologic studies.
2. The county to be a water service provider.
F. To carry out the purposes of this article, the board may adopt overlay zoning
districts and regulations applicable to particular buildings, structures and land within
individual zones. For the purposes of this subsection, "overlay zoning district" means a
special zoning district that includes regulations which modify regulations in another
zoning district with which the overlay zoning district is combined. Overlay zoning
districts and regulations shall be adopted pursuant to section 11-829. The provisions of
overlay zoning shall apply retroactively to authorize overlay zoning districts and
regulations adopted before April 20, 1993.
G. The policies and strategies to be developed under these elements shall be
designed to have regional applicability.
H. This section does not authorize:
1. The imposition of dedications, exactions, fees or other requirements that are
not otherwise authorized by law.
2. The regulation or restriction of the use or occupation of land or improvements
for railroad, mining, metallurgical, grazing or general agricultural purposes, if the
tract concerned is five or more contiguous commercial acres.
I. For the purposes of this section:
1. "Adult arcade" means any place to which the public is permitted or invited and
in which coin-operated or slug-operated or electronically, electrically or mechanically
controlled still or motion picture machines, projectors or other image producing devices
are maintained to show images involving specific sexual activities or specific anatomical
areas to persons in booths or viewing rooms.
2. "Adult bookstore or video store" means a commercial establishment that offers
for sale or rent any of the following as one of its principal business purposes:
(a) Books, magazines, periodicals or other printed matter, photographs, films,
motion pictures, videocassettes or reproductions or slides or other visual
representations that depict or describe specific sexual activities or specific anatomical
areas.
(b) Instruments, devices or paraphernalia that are designed for use in connection
with specific sexual activities.
3. "Adult live entertainment establishment" means an establishment that features
either:
(a) Persons who appear in a state of nudity.
(b) Live performances that are characterized by the exposure of specific anatomical
areas or specific sexual activities.
4. "Adult motion picture theater" means a commercial establishment in which for any
form of consideration films, motion pictures, videocassettes, slides or other similar
photographic reproductions that are characterized by the depiction or description of
specific sexual activities or specific anatomical areas are predominantly shown.
5. "Adult oriented business" means adult arcades, adult bookstores or video stores,
cabarets, adult live entertainment establishments, adult motion picture theaters, adult
theaters, massage establishments that offer adult service or nude model studios.
6. "Adult oriented business manager" means a person on the premises of an adult
oriented business who is authorized to exercise overall operational control of the
business.
7. "Adult service" means dancing, serving food or beverages, modeling, posing,
wrestling, singing, reading, talking, listening or other performances or activities
conducted for any consideration in an adult oriented business by a person who is nude or
seminude during all or part of the time that the person is providing the service.
8. "Adult service provider" or "erotic entertainer" means any natural person who
provides an adult service.
9. "Adult theater" means a theater, concert hall, auditorium or similar commercial
establishment that predominantly features persons who appear in a state of nudity or who
engage in live performances that are characterized by the exposure of specific anatomical
areas or specific sexual activities.
10. "Cabaret" means an adult oriented business licensed to provide alcoholic
beverages pursuant to title 4, chapter 2, article 1.
11. "Discernibly turgid state" means the state of being visibly swollen, bloated,
inflated or distended.
12. "Massage establishment" means an establishment in which a person, firm,
association or corporation engages in or permits massage activities, including any method
of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulating of external soft parts of the body with the hands or with the
aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph
does not apply to:
(a) Physicians licensed pursuant to title 32, chapter 7, 8, 13, 14 or 17.
(b) Registered nurses, licensed practical nurses or technicians who are acting
under the supervision of a physician licensed pursuant to title 32, chapter 13 or 17.
(c) Persons who are employed or acting as trainers for a bona fide amateur,
semiprofessional or professional athlete or athletic team.
(d) Persons who are licensed pursuant to title 32, chapter 3 or 5 if the activity
is limited to the head, face or neck.
13. "Nude model studio" means a place in which a person who appears in a state of
nudity or who displays specific anatomical areas is observed, sketched, drawn, painted,
sculptured, photographed or otherwise depicted by other persons who pay money or other
consideration. Nude model studio does not include a proprietary school that is licensed
by this state, a college, community college or university that is supported entirely or
in part by taxation, a private college or university that maintains and operates
educational programs in which credits are transferable to a college, community college or
university that is supported entirely or in part by taxation or a structure to which the
following apply:
(a) A sign is not visible from the exterior of the structure and no other
advertising appears indicating that a nude person is available for viewing.
(b) A student must enroll at least three days in advance of a class in order to
participate.
(c) No more than one nude or seminude model is on the premises at any time.
14. "Nude", "nudity" or "state of nudity" means any of the following:
(a) The appearance of a human anus, genitals or female breast below a point
immediately above the top of the areola.
(b) A state of dress that fails to opaquely cover a human anus, genitals or female
breast below a point immediately above the top of the areola.
15. "Principal business purposes" means that a commercial establishment derives
fifty per cent or more of its gross income from the sale or rental of items listed in
paragraph 2 of this subsection.
16. "Seminude" means a state of dress in which clothing covers no more than the
genitals, pubic region and female breast below a point immediately above the top of the
areola, as well as portions of the body that are covered by supporting straps or devices.
17. "Specific anatomical areas" means any of the following:
(a) A human anus, genitals, pubic region or a female breast below a point
immediately above the top of the areola that is less than completely and opaquely
covered.
(b) Male genitals in a discernibly turgid state even if completely and opaquely
covered.
18. "Specific sexual activities" means any of the following:
(a) Human genitals in a state of sexual stimulation or arousal.
(b) Sex acts, normal or perverted, actual or simulated, including acts of human
masturbation, sexual intercourse, oral copulation or sodomy.
(c) Fondling or other erotic touching of the human genitals, pubic region,
buttocks, anus or female breast.
(d) Excretory functions as part of or in connection with any of the activities
under subdivision (a), (b) or (c) of this paragraph.
11-822 Drafting county plan by commission; notice; hearing
The commission may formulate and draft the county plan as a whole, or separate parts
of the plan corresponding with functional divisions of the subject matter, and from time
to time, subject to the limitations of this chapter, amend, extend or add to the county
plan. Before recommending the plan or any part, amendment, extension or addition to the
board of supervisors, the commission shall hold at least one public hearing thereon,
after giving at least fifteen days notice thereof by one publication in a newspaper of
general circulation in the county seat. In addition, the notice shall be published in a
newspaper of general circulation in the area to be affected, or adjacent thereto, if the
area affected is other than the county seat. 11-823 Submission of county plan to board; hearing; notice
A. After the commission recommends the county plan or any section of the plan, the
plan shall be submitted to the board of supervisors for its consideration and official
action.
B. After the board considers the commission's recommendation and any
recommendations from the review required under section 11-806, subsection H, the board
shall hold at least one public hearing at which residents of the county shall be heard
concerning the matters contained in the plan. At least fifteen days notice of the
hearing shall be given by one publication in a newspaper of general circulation in the
county seat. The board shall consider protests and objections to the plan and may change
or alter any portion of the county plan including the zoning regulations. However,
before any change is made, that portion of the plan proposed to be changed shall be
re-referred to the commission for their recommendation, which may be accepted or rejected
by the board.
11-824 Adoption and amendment of county plan by board of supervisors; expiration and readoption
A. The board of supervisors may adopt the county comprehensive plan as a whole, or
by successive actions adopt separate parts of the plan. The adoption or readoption of
the comprehensive plan or any amendment to the plan shall be by resolution of the board.
If the motion to adopt or readopt the plan or an amendment to the plan fails to pass, the
board may reconsider the motion in any manner allowed by the board's rules of procedure,
but any subsequent motion for the adoption or readoption of the plan or a major amendment
to the plan must be approved by an affirmative vote of at least two-thirds of the members
of the board.
B. A county comprehensive plan, with any amendments, is effective for up to ten
years from the date the plan was initially adopted or until the plan is readopted or a
new plan is adopted pursuant to this subsection and becomes effective. On or before the
tenth anniversary of the plan's most recent adoption, the board shall either readopt the
existing plan for an additional term of up to ten years or shall adopt a new county plan
as provided by this article.
C. The adoption or readoption of, or a major amendment to, the county comprehensive
plan shall be approved by the affirmative vote of at least two-thirds of the members of
the board. All major amendments proposed for adoption to the comprehensive plan by the
board shall be presented at a single public hearing during the calendar year the proposal
is made. The adoption or readoption of a county plan, and any major amendment to a
county plan, shall not be enacted as an emergency measure and is subject to referendum as
provided by article IV, part 1, section 1, subsection (8), Constitution of ARIZONA, and
title 19, chapter 1, article 4. If the county's area of jurisdiction includes property in
the high noise or accident potential zone of a military airport or ancillary military
facility as defined in section 28-8461, the board shall send notice of the approval,
adoption or readoption of the comprehensive plan or major amendment to the comprehensive
plan to the attorney general by certified mail, return receipt requested, within three
business days after the approval, adoption or readoption. If the attorney general
determines the approval, adoption or readoption of the comprehensive plan or major
amendment to the comprehensive plan is not in compliance with section 28-8481, subsection
J, the attorney general shall notify the county by certified mail, return receipt
requested, of the determination of noncompliance. The board shall receive the notice from
the attorney general within twenty-five days after the notice from the board to the
attorney general is mailed pursuant to this subsection. The effective date of any
approval, adoption or readoption of, or major amendment to, the comprehensive plan shall
be thirty days after the board's receipt of the attorney general's determination of
noncompliance. Within thirty days after the receipt of a determination of noncompliance
by the attorney general as prescribed by this section, the board shall reconsider any
approval, adoption or readoption of, or major amendment to, the comprehensive plan that
impacts property in the high noise or accident potential zone of a military airport or
ancillary military facility as defined in section 28-8461. If the board reaffirms a prior
action subject to an attorney general's determination of noncompliance pursuant to this
section, the attorney general may institute a civil action pursuant to section 28-8481,
subsection L. If the board timely sends notice pursuant to this subsection and the
attorney general fails to timely notify the board of a determination of noncompliance,
the comprehensive plan or major amendment to the comprehensive plan shall be deemed to
comply with section 28-8481, subsection J. If the board fails to adopt or readopt the
plan, the current plan remains in effect until a new plan is adopted. The board shall
either reconsider the proposed plan or consider a revised plan within one year and shall
continue to do so until one is adopted. All subsequent considerations of a new or revised
plan must comply with the procedures prescribed by this article. For the purposes of this
subsection, "major amendment" means a substantial alteration of the county's land use
mixture or balance as established in the county's existing comprehensive plan land use
element for that area of the county. The county's comprehensive plan shall define the
criteria to determine if a proposed amendment to the comprehensive plan effects a
substantial alteration of the county's land use mixture or balance as established in the
county's existing comprehensive plan land use element for that area of the county.
D. Upon adoption or readoption, the plan, or any part of the plan, shall be the
official guide for the development of the area of jurisdiction.
E. Any change, amendment, extension or addition of the county plan may be made only
in accordance with the provisions of this chapter.
F. In applying an open space element or a growth element of a comprehensive plan a
county shall not designate private or state land as open space, recreation, conservation
or agriculture unless the county receives the written consent of the landowner or
provides an alternative, economically viable designation in the comprehensive plan or
zoning ordinance, allowing at least one residential dwelling per acre. If the landowner
is the prevailing party in any action brought to enforce this subsection, a court shall
award fees and other expenses to the landowner. Each county shall incorporate this
subsection into its comprehensive plan and provide a process for a landowner to resolve
discrepancies relating to this subsection.
11-825 Specific zoning plans; adoption; administration; contents
A. The board or commission of a county with a population of less than one million
persons may prepare specific zoning plans for designated parcels of land which shall
include a text and maps of a land use plan and specific zoning, sign, street and other
regulations for implementation of the county master plans. All property owners within
the boundaries of the specific zoning plan shall give written consent before the plan may
be established. A specific zoning plan shall not be adopted if it creates an area that
is not within the plan but is completely surrounded by the plan boundaries.
B. A specific zoning plan may be adopted or amended after notice and hearings
before the commission and board as provided in section 11-829. If the board adopts a
specific zoning plan, it shall establish administrative rules and procedures for the
application and enforcement of the plan and may assign or delegate administrative
functions, powers and duties for the plan to county officers and officials.
C. A specific zoning plan shall include text, maps and illustrations specifying all
of the following:
1. The distribution, location and extent of land uses, including open space.
2. The distribution, location, extent and intensity of major components of public
and private transportation, sewage and solid waste disposal, drainage and other
facilities necessary to provide for the land uses described in the specific plan.
3. Standards by which development shall proceed and, if applicable, requirements
for conservation, development and utilization of natural resources.
4. A statement of whether the specific zoning plan is consistent with the
comprehensive plan required by section 11-806.
5. Any other matters necessary or desirable for implementation of the specific
zoning plan.
11-829 Amendment of ordinance or change of zoning district boundaries; definition
A. A property owner or authorized agent of a property owner desiring an amendment
or change in the zoning ordinance changing the zoning district boundaries within an area
previously zoned shall file an application for the amendment or change. All zoning and
rezoning ordinances, regulations or specific plans adopted under this article shall be
consistent with and conform to the adopted county plan. In the case of uncertainty in
constructing or applying the conformity of any part of a proposed rezoning ordinance to
the adopted county plan, the ordinance shall be construed in a manner that will further
the implementation of, and not be contrary to, the goals, policies and applicable
elements of the county plan. A rezoning ordinance conforms with the county plan if it
proposes land uses, densities or intensities within the range of identified uses,
densities and intensities of the county plan.
B. The board of supervisors shall adopt by ordinance a citizen review process that
applies to all rezoning and specific plan applications that require a public hearing.
The citizen review process shall include at least the following requirements:
1. Adjacent landowners and other potentially affected citizens will be notified of
the application.
2. The county will inform adjacent landowners and other potentially affected
citizens of the substance of the proposed rezoning.
3. Adjacent landowners and other potentially affected citizens will be provided an
opportunity to express any issues or concerns that they may have with the proposed
rezoning before the public hearing.
C. Upon receipt of the application the board shall submit it to the commission for
a report. Prior to reporting to the board, the commission shall hold at least one public
hearing thereon after giving at least fifteen days' notice thereof by one publication in
a newspaper of general circulation in the county seat and by posting of the area included
in the proposed change. If the matter to be considered applies to territory in a high
noise or accident potential zone as defined in section 28-8461, the notice shall include
a general statement that the matter applies to property located in the high noise or
accident potential zone. In case of a rezoning, the posting shall be in no less than two
places with at least one notice for each quarter mile of frontage along perimeter public
rights-of-way so that the notices are visible from the nearest public right-of-way. The
commission shall also send notice by first class mail to each real property owner as
shown on the last assessment of the property within three hundred feet of the proposed
amendment or change and each county and municipality which is contiguous to the area of
the amendment or change. In proceedings involving rezoning of land that is located
within territory in the vicinity of a military airport or ancillary military facility as
defined in section 28-8461, the commission shall send copies of the notice of public
hearing by first class mail to the military airport. The notice sent by mail shall
include, at a minimum, the date, time and place of the hearing on the proposed amendment
or change including a general explanation of the matter to be considered, a general
description of the area of the proposed amendment or change, how the real property owners
within the zoning area may file approvals or protests of the proposed rezoning, and
notification that if twenty per cent of the property owners by area and number within the
zoning area file protests, an affirmative vote of three-fourths of all members of the
board will be required to approve the rezoning. The following specific notice provisions
also apply:
1. In proceedings that are initiated by the commission involving rezoning, notice
by first class mail shall be sent to each real property owner, as shown on the last
assessment of the property, of the area to be rezoned and all property owners, as shown
on the last assessment of the property, within three hundred feet of the property to be
rezoned.
2. In proceedings involving one or more of the following proposed changes or
related series of changes in the standards governing land uses, notice shall be provided
in the manner prescribed by paragraph 3 of this subsection:
(a) A ten per cent or more increase or decrease in the number of square feet or
units that may be developed.
(b) A ten per cent or more increase or reduction in the allowable height of
buildings.
(c) An increase or reduction in the allowable number of stories of buildings.
(d) A ten per cent or more increase or decrease in setback or open space
requirements.
(e) An increase or reduction in permitted uses.
3. In proceedings governed by paragraph 2 of this subsection, the county shall
provide notice to real property owners pursuant to at least one of the following
notification procedures:
(a) Notice shall be sent by first class mail to each real property owner, as shown
on the last assessment, whose real property is directly affected by the changes.
(b) If the county issues utility bills or other mass mailings that periodically
include notices or other informational or advertising materials, the county shall include
notice of such changes with such utility bills or other mailings.
(c) The county shall publish such changes prior to the first hearing on such
changes in a newspaper of general circulation in the county. The changes shall be
published in a display advertisement covering not less than one-eighth of a full page.
4. If notice is provided pursuant to paragraph 3, subdivision (b) or (c) of this
subsection, the county shall also send notice by first class mail to persons who register
their names and addresses with the county as being interested in receiving such notice.
The county may charge a fee not to exceed five dollars per year for providing this
service and may adopt procedures to implement this paragraph.
5. Notwithstanding the notice requirements set forth in paragraph 2 of this
subsection, the failure of any person or entity to receive notice shall not constitute
grounds for any court to invalidate the actions of a county for which the notice was
given.
D. If the planning commission or hearing officer has held a public hearing, the
board may adopt the recommendations of the planning commission or hearing officer through
use of a consent calendar without holding a second public hearing if there is no
objection, request for public hearing or other protest. If there is an objection, a
request for public hearing or a protest, the board shall hold a public hearing thereon at
least fifteen days' notice of which shall be given by one publication in a newspaper of
general circulation in the county seat and by posting the area included in the proposed
change. In counties with territory in the vicinity of a military airport or ancillary
military facility as defined in section 28-8461, the board shall hold a public hearing
if, after notice is mailed to the military airport pursuant to subsection C of this
section and before the public hearing, the military airport provides comments or analysis
concerning the compatibility of the proposed rezoning with the high noise or accident
potential generated by military airport or ancillary military facility operations that
may have an adverse impact on public health and safety, and the board shall consider and
analyze the comments or analysis before making a final determination. After holding the
hearing the board may adopt the amendment, but if twenty per cent of the owners of
property by area and number within the zoning area file a protest to the proposed change,
the change shall not be made except by a three-fourths vote of all members of the board.
If any members of the board are unable to vote on the question because of a conflict of
interest, the required number of votes for the passage of the question is three-fourths
of the remaining membership of the board, except that the required number of votes in no
event shall be less than a majority of the full membership of the board. In calculating
the owners by area, only that portion of a lot or parcel of record situated within three
hundred feet of the property to be rezoned shall be included. In calculating the owners
by number or area, county property and public rights-of-way shall not be included.
E. The planning commission may on its own motion propose an amendment to the zoning
ordinance and may, after holding a public hearing as required by this chapter, transmit
the proposal to the board which shall thereupon proceed as set forth in this chapter for
any other amendment.
F. Notwithstanding the provisions of title 19, chapter 1, article 4, a decision by
the governing body involving rezoning of land which is not owned by the county and which
changes the zoning classification of such land or which changes the zoning standards of
such land as set forth in subsection C, paragraph 2 of this section may not be enacted as
an emergency measure and such a change shall not be effective for at least thirty days
after final approval of the change in classification by the board. Unless a resident
files a written objection with the board of supervisors, the rezoning may be enacted as
an emergency measure that becomes effective immediately by a four-fifths majority vote of
the board for those counties with five or more supervisors or a two-thirds majority vote
of the board for those counties with less than five supervisors.
G. The legislature finds that a rezoning of land that changes the zoning
classification of the land or that restricts the use or reduces the value of the land is
a matter of statewide concern. Such a change in zoning that is initiated by the governing
body or zoning body shall not be made without the express written consent of the property
owner. In applying an open space element or a growth element of a county plan, a parcel
of land shall not be rezoned for open space, recreation, conservation or agriculture
unless the owner of the land consents to the rezoning in writing. For the purposes of
this subsection, rezoning does not include the creation or expansion of overlay zones
solely for the purpose of implementing airport safety and protection. Rezoning also does
not include the redesignation of areas of the county to which the residential provisions
of the county building codes or the state plumbing code apply or do not apply. The county
shall not adopt any change in a zoning classification to circumvent the purpose of this
subsection.
H. For the purposes of this section, "zoning area" means the area within three
hundred feet of the proposed amendment or change.
11-830 Restriction on regulation; exceptions; aggregate mining regulation; definitions
A. Nothing contained in any ordinance authorized by this chapter shall:
1. Affect existing uses of property or the right to its continued use or the
reasonable repair or alteration thereof for the purpose for which used at the time the
ordinance affecting the property takes effect.
2. Prevent, restrict or otherwise regulate the use or occupation of land or
improvements for railroad, mining, metallurgical, grazing or general agricultural
purposes, if the tract concerned is five or more contiguous commercial acres. For the
purposes of this paragraph, "mining" has the same meaning prescribed in section 27-301.
3. Prevent, restrict or otherwise regulate the use or occupation of land or
improvements for agricultural composting, if the tract is five or more contiguous
commercial acres. An agricultural composting operation shall notify in writing the board
of supervisors and the nearest fire department of the location of the composting
operation. If the nearest fire department is located in a city, town or fire district
where the agricultural composting is not located, the agricultural composting operation
shall also notify in writing the fire district in which the operation is
located. Agricultural composting is subject to the provisions of sections 3-112 and
49-141. For the purposes of this paragraph "agricultural composting" has the same
meaning prescribed in section 9-462.01, subsection G.
B. A nonconforming business use within a district may expand if such expansion does
not exceed one hundred per cent of the area of the original business.
C. For the purposes of subsection A, paragraph 2 of this section, mining does not
include aggregate mining operations in an aggregate mining operations zoning district
established pursuant to this section. The board of supervisors of any county with a
population of more than two million persons shall designate and establish the boundaries
of an aggregate mining operations zoning district on the petition of at least one hundred
persons who reside within one-half mile of an existing aggregate mining operation. In
addition, the board of supervisors of any county may establish, in its discretion and on
the board's initiative, one or more aggregate mining operations zoning districts.
Aggregate mining operations zoning districts may only be located in areas that are
inventoried and mapped as areas of known reserves or in areas with existing aggregate
mining operations. Subject to subsections E and F of this section, a county and the state
mine inspector may jointly adopt, as internal administrative regulations, reasonable
aggregate mining operations zoning district standards limited to permitted uses,
procedures for approval of property development plans and site development standards for
dust control, height regulations, setbacks, days and hours of operation, off-street
parking, screening, noise, vibration and air pollution control, signs, roadway access
lanes, arterial highway protection and property reclamation for which aggregate mining
operations are not otherwise subject to federal, state or local regulation or a
governmental contractual obligation. Regulations jointly adopted pursuant to this
subsection by the county and the state mine inspector shall not prohibit the activities
included in the definition of mine pursuant to section 27-301, paragraph 8 or duplicate,
conflict with or be more stringent than applicable federal, state or local laws.
D. The board of supervisors of any county that establishes an aggregate mining
operations zoning district shall appoint an aggregate mining operations recommendation
committee for the district. The committee shall consist of not more than seven operators,
or representatives of operators, of active aggregate mining operations in any district
within the county and an equal number of property owners, who are not operators, who are
not employed by operators and who do not represent operators, residing within one mile of
the boundaries of aggregate mining operations or a proposed aggregate mining operation in
the district for which the committee is established. An aggregate mining operator may
serve on more than one committee in the same county. The board of supervisors shall
determine the length of terms of members of the committee and shall stagger the initial
appointments so that not all members' terms expire at the same time. Members of the
committee who no longer qualify for membership as provided by this subsection are subject
to removal and replacement by the board of supervisors. The committee shall elect a
member who is an aggregate mining operator to serve as chairman for the first year in
which the committee is created. For each year thereafter, the chairman shall be elected
by the members of the committee with a member who is a property owner and a member who is
an aggregate mining operator serving as chairman in alternate years. The committee is
subject to the open meeting requirements of title 38, chapter 3, article 3.1.
E. Within ninety days after an aggregate mining operations recommendation committee
is established, it shall notify all existing aggregate mining operators in the district
of the application of this section and title 27, chapter 3, article 6 to the aggregate
mining operation. In addition, the committee shall:
1. By a majority vote of all members make recommendations to the board of
supervisors for aggregate mining zoning districts and administrative regulations as
provided in this section. The board of supervisors may adopt or reject such
recommendations but may not make any modifications to the recommendations unless such
modification is approved by a majority of the members of the recommendation committee.
2. Serve as a forum for mediation of disputes between members of the public and
aggregate mining owners or operators. If the committee is unable to resolve a dispute,
the committee shall transmit the matter to the state mine inspector, with written
findings and recommendations, for further action.
3. Hear written complaints filed with the state mine inspector regarding alleged
material deviations from approved community notices for aggregate mining operations and
make written recommendations to the state mine inspector pursuant to section 27-446.
F. Any administrative regulations adopted by a board of supervisors pursuant to this
section shall not be effective until they are approved by the state mine inspector. The
inspector may disapprove the administrative regulations adopted by the board of
supervisors only if they duplicate, conflict with or are more stringent than applicable
federal, state or local laws, rules or regulations. If the inspector disapproves the
administrative regulations, the inspector must provide written reasons for the
disapproval. The inspector shall not make any modification to the administrative
regulations as adopted by the board of supervisors unless the modification is approved by
a majority of the members of the board of supervisors.
G. A person or entity is subject to the provisions of this chapter if the use or
occupation of land or improvements by the person or entity consists of or includes
changing, remanufacturing or treating human sewage or sludge for distribution or
resale. These activities are not exempt from this chapter under subsection A, paragraph
2 of this section.
H. A county shall not require as a condition for a permit or for any approval, or
otherwise cause, an owner or possessor of property to waive the right to continue an
existing nonconforming outdoor advertising use or structure without acquiring the use or
structure by purchase or condemnation and paying just compensation unless the county, at
its option, allows the use or structure to be relocated to a comparable site in the
county with the same or a similar zoning classification, or to another site in the county
acceptable to both the county and the owner of the use or structure, and the use or
structure is relocated to the other site. The county shall pay for relocating the
outdoor advertising use or structure including the cost of removing and constructing the
new use or structure that is at least the same size and height. This subsection does not
apply to county rezoning of property at the request of the property owner to a more
intensive zoning district.
I. For purposes of this section:
1. "Aggregate" has the same meaning prescribed in section 27-441.
2. "Aggregate mining" has the same meaning prescribed in section 27-441.
3. "Aggregate mining operation" means property that is owned, operated or managed by
the same person for aggregate mining.
4. "Operators" means persons who are actively engaged in aggregate mining operations
within the zoning district or proposed zoning district and who have given notice to the
state mine inspector pursuant to section 27-303.
11-831 Additional requirements for certain lands
A. The rezoning or subdivision plat of any unincorporated area completely
surrounded by a city or town shall use as a guideline the adopted general plan and
standards as set forth in the subdivision and zoning ordinances of such city or town
after the effective date of this section.
B. The board or commission, before taking any action on a rezoning or subdivision
plat in an area as set forth in subsection A, may require the affected city or town to
supply information to allow the county to meet the guideline. If an affected city or
town objects to any such proposed action the board or commission shall set forth in the
minutes of the meeting specific reasons why in its opinion the guideline is actually
being followed or why it is not practicable to follow the guideline of the general plan.
11-832 Conditional zoning change; board approval; reversion
The board may approve a change of zone conditioned on a schedule for development of
the specific use or uses for which rezoning is requested. If at the expiration of this
period the property has not been improved for the use for which it was conditionally
approved, the board after notification by registered mail to the owner and applicant who
requested the rezoning shall schedule a public hearing to grant an extension, determine
compliance with the schedule for development or cause the property to revert to its
former zoning classification.
11-833 Standards for enactment of moratorium; land development; limitations; definitions
A. A county shall not adopt a moratorium on construction or land development unless
it first:
1. Provides notice to the public published once in a newspaper of general
circulation in the community at least thirty days before a final public hearing to be
held to consider the adoption of the moratorium.
2. Makes written findings justifying the need for the moratorium in the manner
provided for in this section.
3. Holds a public hearing on the adoption of the moratorium and the findings that
support the moratorium.
B. For urban or urbanizable land, a moratorium may be justified by demonstration of
a need to prevent a shortage of essential public facilities that would otherwise occur
during the effective period of the moratorium. This demonstration shall be based on
reasonably available information and shall include at least the following findings:
1. A showing of the extent of need beyond the estimated capacity of existing
essential public facilities expected to result from new land development, including
identification of any essential public facilities currently operating beyond capacity and
the portion of this capacity already committed to development, or in the case of water
resources, a showing that, in an active management area, an assured water supply cannot
be provided, or outside an active management area, a sufficient water supply cannot be
provided, to the new land development, including identification of current water
resources and the portion already committed to development.
2. That the moratorium is reasonably limited to those areas of the county where a
shortage of essential public facilities would otherwise occur and on property that has
not received development approvals based upon the sufficiency of existing essential
public facilities.
3. That the housing and economic development needs of the area affected have been
accommodated as much as possible in any program for allocating any remaining essential
public facility capacity.
C. A moratorium not based on a shortage of essential public facilities under
subsection B of this section may be justified only by a demonstration of compelling need
for other public facilities, including police and fire facilities. This demonstration
shall be based on reasonably available information and shall include at least the
following findings:
1. For urban or urbanizable land:
(a) That application of existing development ordinances or regulations and other
applicable law is inadequate to prevent irrevocable public harm from development in
affected geographical areas.
(b) That the moratorium is sufficiently limited to ensure that a needed supply of
affected housing types and the supply of commercial and industrial facilities within or
in proximity to the county are not unreasonably restricted by the adoption of the
moratorium.
(c) Stating the reasons that alternative methods of achieving the objectives of the
moratorium are unsatisfactory.
(d) That the county has determined that the public harm that would be caused by
failure to impose a moratorium outweighs the adverse effects on other affected local
governments, including shifts in demand for housing or economic development, public
facilities and services and buildable lands and the overall impact of the moratorium on
population distribution.
(e) That the city or town proposing the moratorium has developed a work plan and
time schedule for achieving the objectives of the moratorium.
2. For rural land:
(a) That application of existing development ordinances or regulations and other
applicable law is inadequate to prevent irrevocable public harm from development in
affected geographical areas.
(b) Stating the reasons that alternative methods of achieving the objectives of the
moratorium are unsatisfactory.
(c) That the moratorium is sufficiently limited to ensure that lots or parcels
outside the affected geographical areas are not unreasonably restricted by the adoption
of the moratorium.
(d) That the county proposing the moratorium has developed a work plan and time
schedule for achieving the objectives of the moratorium.
D. Any moratorium adopted pursuant to this section does not affect any express
provision in a development agreement entered into pursuant to section 9-500.05 or as
defined in section 11-1101 governing the rate, timing and sequencing of development, nor
does it affect rights acquired pursuant to a protected development right granted
according to chapter 9 of this title or title 9, chapter 11. Any moratorium adopted
pursuant to this section shall provide a procedure pursuant to which an individual
landowner may apply for a waiver of the moratorium's applicability to its property by
claiming rights obtained pursuant to a development agreement, a protected development
right or any vested right or by providing the public facilities that are the subject of
the moratorium at the landowner's cost.
E. A moratorium adopted under subsection C, paragraph 1 of this section shall not
remain in effect for more than one hundred twenty days, but such a moratorium may be
extended for additional periods of time of up to one hundred twenty days if the county
adopting the moratorium holds a public hearing on the proposed extension and adopts
written findings that:
1. Verify the problem requiring the need for the moratorium to be extended.
2. Demonstrate that reasonable progress is being made to alleviate the problem
resulting in the moratorium.
3. Set a specific duration for the renewal of the moratorium.
F. A county considering an extension of a moratorium shall provide notice to the
general public published once in a newspaper of general circulation in the community at
least thirty days before a final hearing is held to consider an extension of a
moratorium.
G. Nothing in this section shall prevent a city or town from complying with any
state or federal law, regulation or order issued in writing by a legally authorized
governmental entity.
H. A landowner aggrieved by a county's adoption of a moratorium pursuant to this
section may file, at any time within thirty days after the moratorium has been adopted, a
complaint for a trial de novo in the superior court on the facts and the law regarding
the moratorium. All matters presented to the superior court pursuant to this section
have preference on the court calendar on the same basis as condemnation matters, and the
court shall further have the authority to award reasonable attorney fees incurred in the
appeal and trial pursuant to this section to the prevailing party.
I. In this section:
1. "Compelling need" means a clear and imminent danger to the health and safety of
the public.
2. "Essential public facilities" means water, sewer and street improvements and
water resources to the extent that these improvements and water resources are provided by
the county or private utility.
3. "Moratorium on construction or land development" means engaging in a pattern or
practice of delaying or stopping issuance of permits, authorizations or approvals
necessary for the subdivision and partitioning of, or construction on, any land. It does
not include denial or delay of permits or authorizations because they are inconsistent
with applicable statutes, rules, zoning or other ordinances.
4. "Rural land" means all property in the unincorporated area of a county or in the
incorporated area of the city or town with a population of two thousand nine hundred or
less persons according to the most recent United States decennial census.
5. "Urban or urbanizable land" means all property in the incorporated area of a
city or town with a population of more than two thousand nine hundred persons according
to the most recent United States decennial census.
6. "Vested right" means a right to develop property established by the expenditure
of substantial sums of money pursuant to a permit or approval granted by the city, town
or county.
11-861 Adoption of codes by reference; limitations; method of adoption
A. In any county which has adopted zoning pursuant to this chapter, the board of
supervisors may adopt and enforce, for the unincorporated areas of the county so zoned, a
building code and other related codes to regulate the quality, type of material and
workmanship of all aspects of construction of buildings or structures, except that the
board may authorize that areas zoned rural or unclassified may be exempt from the
provisions of the code adopted. Such codes may be adopted by reference after notice and
hearings before the county planning and zoning commission and board of supervisors as
provided in this chapter for amendments to the zoning ordinance of the county.
B. The board of supervisors may adopt a fire prevention code in the unincorporated
areas of the county in which a fire district has not adopted the uniform fire code
pursuant to section 48-805. Any fire code adopted by a board of supervisors pursuant to
this subsection shall remain in effect until a fire district is established and adopts a
code applicable within the boundaries of the district.
C. For the purpose of this article, codes authorized by subsections A and B of this
section shall be limited to the following:
1. Any building, electrical or mechanical code that has been adopted by any
national organization or association that is organized and conducted for the purpose of
developing codes or that has been adopted by the largest city in that county. If the
board of supervisors adopts a city code, it shall adopt, within ninety days after
receiving a written notification of a change to the city code, the same change or shall
terminate the adopted city code.
2. Any fire prevention code that has been adopted by a national organization or
association organized or conducted for the purpose of developing fire prevention codes
and that is as stringent as the state fire code adopted pursuant to section 41-2146.
D. The board of supervisors may adopt a current wildland-urban interface code. The
code may be adapted from a model code adopted by a national or international organization
or association for mitigating the hazard to life and property. The board must follow
written public procedures in the development and adoption of the code and any revisions
to the code to provide effective, early and continuous public participation through:
1. The broad dissemination and publicity of the proposed code and any revisions to
the code.
2. The opportunity for submission and consideration of written public comments.
3. Open discussions, communications programs and information services.
4. Consultation with federal agencies and state and local officials. 11-862 Advisory board; appointment; terms; duties
A. Any code adopted pursuant to this article shall contain a provision for an
advisory board consisting of at least five members in order to determine the suitability
of alternative materials and construction and to permit interpretations of the provisions
of such code. The advisory board shall consist of at least five but not more than seven
members and shall include at least members from the following categories, to the extent
the persons meeting the qualifications are available within the county and are residents
of such county:
1. An architect duly licensed in the state of ARIZONA.
2. A professional engineer duly licensed in the state of ARIZONA.
3. A general contractor duly licensed in the state of ARIZONA.
4. A person representing the public and a resident of the county.
5. A person engaged in the electrical, mechanical or plumbing trade.
B. If the advisory board consists of more than five members, the additional members
may be engaged in the construction and design industry.
C. The county official charged with the enforcement of the code shall serve,
without vote, as an ex officio member of the board and shall act as secretary.
D. Each appointee shall have substantial experience in the field covered by the
particular code. Except as provided in subsection F of this section, members of the
advisory board shall be appointed by the board of supervisors. Members shall be
appointed for a term of four years, staggered so that at least one but no more than two
terms expire each year. Vacancies shall be filled for an unexpired term in the manner in
which original appointments are required to be made.
E. The functions and duties of the advisory board may be specified by regulation by
the board of supervisors.
F. If the county and a city or town contract to provide for enforcement of codes
pursuant to section 11-863, by intergovernmental agreement pursuant to chapter 7, article
3 of this title, the manner in which appointments are made to the advisory board may be
specified in the agreement.
11-863 Contract by county and city for enforcement; rules and regulations; fees for permits
A. Any county may contract with a city or town to provide for enforcement of such
codes or rules and regulations adopted pursuant thereto.
B. The board may adopt necessary rules and regulations for the enforcement of any
code adopted under this article, provided that any such rules or regulations relating to
inspections shall require that such inspections be made at the earliest reasonable time.
C. The board may establish and charge reasonable fees for permits issued and
inspections made pursuant to any code.
11-864 Publication of ordinance adopting code
Any code authorized by this article may be enacted without setting forth in full
such provisions, but the adopting ordinance shall be published in full. At least three
copies of the code shall be filed in the office of the clerk of the board of supervisors
and kept available for public use and inspection. A code enacted by reference may be
amended in the same manner.
11-865 Exemptions; exception
A. The provisions of this article shall not be construed to apply to:
1. Construction or operation incidental to construction and repair to irrigation
and drainage ditches or appurtenances thereto, of regularly constituted districts or
reclamation districts, or to farming, dairying, agriculture, viticulture, horticulture or
stock or poultry raising, or clearing or other work upon land in rural areas for fire
prevention purposes.
2. Devices used in manufacturing, processing or fabricating normally considered as
involved in industry and construction, operation and maintenance of electric, gas or
other public utility systems operated by public service corporations operating under a
franchise or certificate of convenience and necessity.
B. Notwithstanding subsection A, the requirements of this article apply to the use
or occupation of land or improvements by a person or entity consisting of or including
changing, remanufacturing or treating human sewage or sludge for distribution or resale.
11-866 Penalties
A penalty clause contained in a code adopted by reference shall not be adopted by
reference but shall be set forth in full in the adopting ordinance. The penalty
provisions of section 11-808 may be applied by the county in enforcing the provisions of
this article.
11-871 Emissions control; exemptions; penalty
A. A county that contains any part of area A as defined in section 49-541, shall,
by September 1, 1999, develop, implement and enforce in area A, as defined in section
49-541, an ordinance relating to residential wood burning restrictions, including a no
burn restriction when monitoring or forecasting indicates the carbon monoxide standard is
likely to be exceeded.
B. The ordinance shall provide an exemption for the use of residential wood stoves,
wood fireplaces or gas fired fireplaces that comply with any of the following:
1. Provides the sole or primary source of heat or fuel for cooking for a residence.
2. Meets performance standards for new residential wood heaters manufactured on or
after July 1, 1990 or sold at retail on or after July 1, 1992 as prescribed by 40 Code of
Federal Regulations part 60, subpart AAA.
3. Burns gaseous fuels, including gas logs.
4. Meets rules adopted by the board of supervisors as prescribed in section 49-479
for burning wood in approved appliances.
C. The ordinance shall provide that a person who violates an ordinance adopted
pursuant to this section is subject to:
1. A warning for the first violation.
2. The imposition of a civil penalty of fifty dollars for the second violation.
3. The imposition of a civil penalty of one hundred dollars for a third or any
subsequent violation.
D. For violations of ordinances adopted pursuant to this section, the control
officer shall use a uniform civil ticket and complaint substantially similar to a uniform
traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases
adopted by the supreme court. The control officer may issue citations to persons in
violation of ordinances adopted pursuant to this section.
11-872 Control techniques; rules; schedule for adoption
A. If the administrator of the United States environmental protection agency makes
a finding relating to area A, as defined in section 49-541, pursuant to the clean air act
amendments of 1990 (P.L. 101-549), section 172, the county shall adopt by rule the
necessary emission limitations or other standards reflecting control techniques
guidelines issued by the United States environmental protection agency pursuant to the
clean air act amendments of 1990, section 183 in order to achieve emissions reductions
sufficient to respond to the finding.
B. The county shall begin to develop rules which incorporate the provisions of the
control techniques guidelines being developed by the United States environmental
protection agency. The rule making process shall parallel as closely as possible the
United States environmental protection agency process and incorporate adequate public
notice and comment. The county shall make every practical effort to assure the rules are
consistent with the concepts and provisions embodied in the United States environmental
protection agency process. Within sixty days of the formal adoption of the United States
environmental protection agency control techniques guidelines for an industry sector, the
county shall adopt rules, emission limitations or other standards reflecting such
guidelines. If the guidelines are required pursuant to subsection A of this section
prior to formal adoption by the administrator of the guidelines, the county rules shall
become effective within sixty days of the United States environmental protection agency
finding. The county shall determine which industry sector shall be subject to the
requirements of this section.
C. If the director of the department of environmental quality determines that
emissions inventory data, monitoring information and modeling or projections indicate it
is likely that reasonable further progress or attainment will not be achieved in order to
comply with the clean air act amendments of 1990, the county shall adopt rules necessary
to achieve emissions reductions to achieve reasonable further progress or
attainment. The rules shall be based on technically feasible controls to reduce the
emissions of volatile organic compounds from industry sectors that the United States
environmental protection agency is considering for control technique guidelines.
D. All emissions reductions required pursuant to this section shall be achieved no
later than June 1, 1996.
11-873 Rules; industry sectors; enhanced enforcement
A county with a population of more than one million two hundred thousand persons as
determined by the most recent United States decennial census that contains a
nonattainment area as defined in section 49-401.01 shall develop, implement and enforce
rules regulating the emissions from the graphic arts industry sector, the architectural
and industrial coatings industry sector, the highway markings industry sector, bulk
plants and terminal and tank truck unloading operations. The enforcement shall be
enhanced through programs that may include increased frequency or targeting of
inspections, increased sampling frequency, use of portable analyzers or any other
technique.
11-874 Control of area sources; rules; industry sectors
A county with a population of more than one million two hundred thousand persons as
determined by the most recent United States decennial census that contains a
nonattainment area as defined in section 49-401.01 shall develop, implement and enforce
rules regulating the emissions from all of the following:
1. Wood coatings industry sector, through the use of technically feasible controls
to reduce the emissions of volatile organic compounds. The rules shall require the
reduction of a minimum of twenty-five per cent from the 1990 baseline emissions by
November 15, 1995.
2. Commercial bakery industry sector, through the use of technically feasible
controls to reduce the emissions of volatile organic compounds. The rules shall require
the reduction of a minimum of thirty per cent from the 1990 baseline emissions by
November 15, 1995.
3. Consumer and commercial products industry sector, through changes in the
formulation of any product used in the cleaning of automobile windshields that contains a
concentration of not more than thirty per cent by weight of volatile organic compounds as
an ingredient, a solvent or any other component by November 15, 1995. The rules shall
require those reductions to be achieved before the development of control techniques
guidance standards developed by the United States environmental protection agency for
that industry sector. If the administrator of the United States environmental protection
agency finds that area A, as defined in section 49-541, has failed to demonstrate
reasonable further progress or has failed to attain the national ambient air quality
standards for ozone by the applicable attainment date, the county shall adopt the control
techniques guidelines issued by the environmental protection agency for the industry
sector.
4. Solvent cleaning operations, including the use of nonaqueous solvents. The
regulations may include the use of low vapor pressure organic solvents, reformulated
lower volatile organic compound content solvents or low volatile organic compound aqueous
material substitutes. The rules adopted pursuant to this paragraph are exempt from the
provisions of sections 49-112 and 49-479.
11-875 Clean burning fireplace ordinance
A. By December 31, 1998, a county that contains any portion of area A as defined in
section 49-541 shall adopt, implement and enforce an ordinance that complies with the
clean burning fireplace standards adopted by the metropolitan planning organization that
is responsible for air quality planning in area A. A county that contains any portion of
area A as defined in section 49-541 that has a population of less than one million two
hundred thousand persons according to the most recent United States decennial census
shall adopt, implement and enforce the ordinance only in those portions of the county
which are located in area A. The ordinance shall prohibit the installation
or construction of a fireplace or wood stove in area A unless it is one of the
following:
1. A fireplace that has a permanently installed gas or electric log insert.
2. A fireplace, a wood stove or any other solid fuel burning appliance that is any
of the following:
(a) Certified by the United States environmental protection agency as in compliance
with 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.
(b) A wood stove tested and listed by a nationally recognized testing agency to
meet performance standards equivalent to those in 40 Code of Federal Regulations part 60,
subpart AAA in effect on July 1, 1990.
(c) Determined by the county air quality control officer to meet performance
standards equivalent to those in 40 Code of Federal Regulations part 60, subpart AAA in
effect on July 1, 1990.
3. A fireplace that has a permanently installed wood stove insert that complies
with paragraph 2, subdivision (a), (b) or (c) of this section.
B. The ordinance shall prohibit the subsequent conversion or alteration of a
permitted fireplace or wood stove to a nonpermitted use.
C. The ordinance may provide for exemptions from regulation for heating or
industrial equipment, cooking devices and outdoor fireplaces.
11-876 Engine idling restrictions; exemptions; applicability; civil penalty; definition A. By July 1, 2002, a county that contains any portion of area A as defined in section 49-451 shall adopt, implement and enforce ordinances that place limits on the maximum idling time for engines that propel heavy-duty diesel vehicles with a gross vehicle weight rating of more than fourteen thousand pounds. The ordinances shall at least include exemptions for: 1. Certain types of vehicles, such as police, fire and other emergency vehicles. 2. Certain types of situations such as traffic delays or the need for a driver to sleep in the vehicle. 3. Certain types of equipment operations, such as refrigeration of cargo. B. A county with a population of less than one million two hundred thousand persons shall adopt, implement and enforce the ordinances required by this section only for those portions of the county that are located in area A. C. Any other county may adopt, implement and enforce ordinances that comply with this section. D. A driver who violates an ordinance adopted pursuant to this section is subject to: 1. The imposition of a civil penalty of one hundred dollars for the first violation. 2. The imposition of a civil penalty of three hundred dollars for a second or any subsequent violation. E. Ordinances adopted pursuant to this section may be enforced by a county control officer or any law enforcement officer who is authorized to enforce traffic laws. For violations of ordinances adopted pursuant to this section, an officer shall use a uniform civil ticket and complaint substantially similar to a uniform traffic ticket and complaint prescribed by the rules of procedure in civil traffic cases adopted by the supreme court. The officer may issue citations to persons who violate an ordinance adopted pursuant to this section. F. In enforcing ordinances adopted pursuant to this section, a county control officer or authorized law enforcement officer shall only issue one citation per traffic stop or investigation of a driver whose vehicle exceeds the maximum idling limits established pursuant to this section. G. For the purposes of this section, "idling" means the operation of an engine in the operating mode where the engine is not engaged in gear, where the engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released and there is no load on the engine.
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