New Arizona State Statute governing legal protests for rezoning cases

A new Arizona statute governing legal protests for rezoning cases was recently signed into law and will go into effect on August 9, 2017. The law includes several notable changes:

  • Zoning area now includes the area of the proposed change (project area) and the area within 150 feet of the proposed change.
  • Public right-of-way is no longer excluded from the zoning area.
  • Perimeters vs. sides – 20% protest now based on the whole perimeter; this includes both 20% of the property area and 20% of the number of lots within 150 feet.  Greater than 20% protests within the zoning area requires an affirmative vote of three-quarters (supermajority) of the Mayor and Council to approve the rezoning ordinance.
  • Three-quarter (supermajority) affirmative vote of the Mayor and Council is equal to 5 of 7 council members as the number of required votes on a city council is now calculated rounding to the nearest whole number.

Below is the adopted text for H.B 2116 and the Arizona State Senate fact sheet that outlines the purpose, background and key provisions.

 

H.B. 2116 adopted text:  https://apps.azleg.gov/BillStatus/GetDocumentPdf/454045

 

Arizona State Senate fact sheet:  https://apps.azleg.gov/BillStatus/GetDocumentPdf/454153

 

Presentation by PDSD Staff on Arizona House Bill 2116 governing Rezoning Protest Calculations

 

Please contact john.beall@tucsonaz.gov or daniel.bursuck@tucsonaz.gov if you have any questions.