Rose Law Group Reporter
Legislation that would change how many adjacent neighbors it takes to oppose a zoning case to force what is called a “legal protest” at a city council passed the House 59-0 on Monday. Governor Ducey signed the bill and it will take effect in 91 days
The legislation changes the requirement of a three-fourths vote of a municipal governing body to approve a zoning change from 20 percent of property owners on one side of a property protesting the change to 20 percent of all property owners within 150 feet of the surrounding the property proposed for a rezoning, making it far more difficult for a legal protest to occur. In addition, the bill permits right of ways to be counted in the 150-foot measurement.
The bill [HB 2116] is supported by the Arizona Planning Association, Home Builders Association of Central Arizona, League of Arizona Cities and Towns and Maricopa County,
Rep. Bob Thorpe (R-6), the primary sponsor, says the measure aligns what is required of cities and towns to be the same as what is already required for areas under county jurisdiction.
It is “one of the most impactful changes in land-use law in at least a decade,” said Rose Law Group Founder and President Jordan Rose
The House on Monday approved two Senate amendments,
Those amendments stipulate the group of persons authorized to file a protest in writing against a municipal rezoning, which triggers a requirement for the rezoning to obtain a 3/4 vote of the municipal governing body for passage, is modified to be the owners of 20 percent or more of the property by area and number of lots, tracts and condominium units within the “zoning area” (defined as the area within 150 feet of the affected property subject to the proposed change and the area of the proposed change).
Also, for the purpose of required vote fractions of the municipal governing body, the vote is required to be rounded to the nearest whole number.
