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Planning
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HANDBOOK
HANDBOOK
Third Edition
OCTOBER 2004
Community Planning Office
1700 W. Washington, Suite 420
Phoenix, AZ 85007
Phone 602-771-1191 Fax 602-771-1210 www.azcommerce.com
Office of Smart Growth
TABLE OF CONTENTS
CHAPTER 1:
INTRODUCTION............................................................................................... 1
1.1 Purpose of Handbook ......................................................................................1
1.2 Arizona Technical Assistance.............................................................................2
1.3 Acknowledgements ..........................................................................................2
CHAPTER 2
DEFINITION AND HISTORY OF PLANNING ....................................................... 3
2.1 What is Planning? ............................................................................................3
2.2 Definition of Terms ..........................................................................................4
2.3 History of Planning ..........................................................................................4
2.4 Purpose of Planning .........................................................................................6
2.4.1 Six Functions of Planning.......................................................................7
2.4.2 What Planning Can and Can’t Do...........................................................7
2.5 Additional References ......................................................................................8
CHAPTER 3
LEGAL AUTHORITY TO PLAN AND ZONE .......................................................... 9
3.1 Background of Legal Authority........................................................................10
3.2 Arizona Municipal Planning Authority.............................................................10
3.2.1 Other Sources of Municipal Planning Authority.....................................11
3.3 County Planning Authority .............................................................................15
3.3.1 Other Sources of County Authority to Control Land Use........................16
3.4 The Takings Issues and Planning .....................................................................17
3.5 Case Law Regarding Land Use Regulation .......................................................19
3.5.1 Penn Central Transportation Company v. City of New York,
438 U.S. 104,98 S.Ct. 2646 (1978).....................................................19
3.5.2 Agins v. The City of Tiburon, 447 U.S. 255 (1980) ...............................20
3.5.3 First English Evangelical Lutheran Church of Glendale v.
Los Angeles County, 107 S.Ct. 2378 (1987).........................................20
3.5.4 Nollan v. California Coastal Commission, 107 S.Ct. 3141 (1987) ..........20
3.5.5. Lucas v. South Carolina Coastal Council, 112 S.Ct. 2886,
120 L.Ed. 798 (1992) .........................................................................21
3.5.6 Dolan v. City of Tigard, 114 S.CE. 2309 (1994)....................................22
TABLE OF CONTENTS
3.5.7 Tahoe-Sierra Preservation Council, Inc. v. Tahoe
Regional Planning Agency, 216 f.3d 764 (2002)..................................22
3.5.8 Palazzolo v. Rhode Island, 121 S.Ct. 2448 (2001)................................23
3.6 Additional References ....................................................................................23
CHAPTER 4
PUBLIC PARTICIPATION AND PUBLIC HEARINGS ........................................... 25
4.1 Open Meeting Law.........................................................................................26
4.1.1 Public Notice Requirements.................................................................26
4.1.2 The Meeting Agenda...........................................................................27
4.1.3 Executive Sessions ...............................................................................28
4.1.4 Meeting Records .................................................................................29
4.2 Public Participation Requirements in Planning and Zoning...............................30
4.2.1 General and Comprehensive Plans .......................................................30
4.2.2 Notice of Zoning Hearings...................................................................31
4.3 Successful Public Meetings..............................................................................34
4.4 Community Involvement Techniques ..............................................................37
CHAPTER 5
ROLE OF PUBLIC OFFICIALS ........................................................................... 39
5.1 Role of Planning Commission .........................................................................40
5.1.1 Legal Authority ...................................................................................40
5.1.2 Responsibilities ...................................................................................40
5.1.3 Working with Other Public Officials and Private Organizations...............41
5.1.4 Becoming an Effective Commission......................................................43
5.2 Role of Board of Adjustment ..........................................................................44
5.2.1 Legal Authority ...................................................................................44
5.2.2 Responsibilities ...................................................................................45
5.2.2.1 Variances..............................................................................46
5.2.3 Findings and Decision-Making .............................................................47
5.2.4 Appeal Procedures ..............................................................................48
5.3 Rules and Procedures .....................................................................................50
5.3.1 Meetings and Records .........................................................................50
5.3.2 Due Process ........................................................................................50
5.3.3 Code of Conduct.................................................................................51
5.3.4 Conflicts of Interest .............................................................................51
5.3.5 Ex Parte Contacts ................................................................................52
5.4 Role of the Council or Board of Supervisors on Planning and Zoning Issues ......53
5.5 Other Commissions and Boards ......................................................................53
5.5.1 Economic Development Commissions ..................................................53
5.5.2 Design Review Boards .........................................................................54
TABLE OF CONTENTS
5.6 Working Effectively as a Group .......................................................................54
5.6.1 Orientation for New Members.............................................................55
CHAPTER 6
THE MUNICIPAL GENERAL PLAN ................................................................... 58
6.1 Functions of the Plan......................................................................................59
6.2 Legal Requirements for the General Plan.........................................................60
6.2.1 General Plan Elements for All Communities..........................................60
6.2.2 General Plan Elements for Large and Fast-Growing Communities...........61
6.2.3 Additional General Plan Elements for Communities Over
50,000 Population..............................................................................62
6.2.4 Public Participation Requirements........................................................64
6.2.5 Major and Minor Amendments............................................................64
6.3 The Planning Process......................................................................................65
6.3.1 Preparing the General Plan ..................................................................66
6.3.1.1 Phase I: Discovery and Analysis .............................................67
6.3.1.2 Phase II: Goals and Policy Formulation...................................68
6.3.1.3 Phase III: Alternatives Development.......................................68
6.3.1.4 Phase IV: Review, Revisions, and Adoption ............................68
6.3.1.5 Phase V – Implementation.....................................................69
6.3.2 Keeping the Plan Current.....................................................................70
6.3.3 Choosing A Consultant ........................................................................70
6.4 Specific Plans .................................................................................................71
CHAPTER 7
THE COUNTY COMPREHENSIVE PLAN............................................................ 73
7.1 Legal Requirements for the Comprehensive Plan .............................................74
7.1.1 Required Elements for County Comprehensive Plans ............................75
7.1.2 Adopting and Amending the Comprehensive Plan................................77
7.2 Rural Planning Areas ......................................................................................77
7.3 Specific Zoning Plans......................................................................................77
CHAPTER 8
ZONING......................................................................................................... 79
8.1 Purpose and Objectives of Zoning...................................................................80
8.2 Relationship to the General or Comprehensive Plan.........................................81
8.3 Legal Authority to Zone..................................................................................82
8.3.1 Municipal Zoning Authority.................................................................82
8.3.2 County Zoning Authority .....................................................................83
8.3.3. Adopting Zoning Ordinances ...............................................................84
8.4 Legal Issues....................................................................................................84
8.5 Preparing the Zoning Ordinance .....................................................................86
8.6 Zoning Administration and Updates................................................................88
TABLE OF CONTENTS
CHAPTER 9
SUBDIVISION REGULATIONS & SITE PLAN REVIEW ........................................ 93
9.1 Municipal Authority .......................................................................................94
9.2 County Authority ...........................................................................................96
9.3 Preparing Subdivision Regulations ..................................................................97
9.4 Plat Review Procedures ..................................................................................99
9.4.1 Requirements......................................................................................99
9.4.2 Conditions of Approval......................................................................100
9.4.3 Pre-application Conference................................................................100
9.4.4 Preliminary Plat Review.....................................................................101
9.4.5 Final Plat Review...............................................................................102
9.5 Site Plan Review ..........................................................................................102
9.5.1 Land Use Guidelines..........................................................................104
9.5.2 Circulation Guidelines........................................................................104
9.5.3 Basic Site Design Guidelines...............................................................104
9.6 Planning and Commissioners Responsibilities ................................................105
9.7 Solar Site Planning .......................................................................................106
APPENDICES:
APPENDIX A Glossary.......................................................................................... 108
APPENDIX B Arizona Municipal Planning Authority.............................................. 124
APPENDIX C Land Rights Diagram....................................................................... 126
APPENDIX D County Planning Authority .............................................................. 127
APPENDIX E Growing Smarter 1998/Plus General Plan Elements-Cities & Towns ... 130
APPENDIX F Growing Smarter 1998/Plus Comprehensive Plan Elements-Counties. 131
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HANDBOOK
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INTRODUCTION
CHAPTER 1
INTRODUCTION
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1.1 PURPOSE OF HANDBOOK
In response to planning and zoning questions from planning staff and
public officials from around the state, the Arizona Department of
Commerce, Community Planning Office has developed a third edition of
the Arizona Planning and Zoning Handbook. This Handbook is prepared
for use by planning and zoning commissioners, members of boards of
adjustments, elected officials, planners, developers, and citizens with an
interest in community (municipal and county) planning in Arizona.
The Handbook covers:
Arizona Planning and Zoning Law
Growing Smarter and Growing Smarter Plus Acts
Role and Responsibilities of the Planning and Zoning Commission
Role of the Board of Adjustment
Role of the City and Town Council
Role of the Board of Supervisors
Planning and Development Administration
Model Ordinances, Guidelines and Procedures
Capital Improvements Programming
Development Impact Fees
Community Design Review
Community Redevelopment
Historic Preservation
Environmental Planning
Public Involvement and Public Meetings
Please note: Before adopting any of the ordinances, policies, or
procedures discussed here, legal counsel should be consulted to address
the specific application to your jurisdiction.
CHAPTER 1
INTRODUCTION
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1.2 ARIZONA TECHNICAL
ASSISTANCE
Training, workshops, or other technical assistance
on most of the topics in the Handbook is
available through the Community Planning Office
of the Arizona Department of Commerce. The
Office is designed to provide statewide technical
assistance and training to Arizona’s municipalities,
counties, and tribal communities in areas such as
land use planning, development, zoning,
infrastructure, public participation, and strategic
planning. A fundamental philosophy of the Office
is to foster community capacity-building and
foundation development that will enable local
leaders to make informed decisions affecting their
community’s future.
Arizona Department of Commerce
Community Planning Office
1700 West Washington, Suite 420
Phoenix, Arizona 85007
(602) 771-1191, Fax (602) 771-1210
1.3 ACKNOWLEDGEMENTS
A special thanks to Michael D. House, a land use
law consultant, who wrote the update to Chapter
3, (Legal Issues in Planning), and to the following
individuals who reviewed portions of the Third
Edition of the Handbook:
Wayne Balmer, City of Mesa - Chaps 8, 10
(Zoning and Development Tools)
Debra Stark, City of Peoria – Chaps 3, 4
(Legal and Public Involvement)
Ron Short and Jon Froke, City of Glendale –
Chaps 5, 6 (Boards & Commissions and
General Plans)
Jerry Owen, City of Cottonwood – Chaps 5, 8
(Boards & Commissions and Zoning)
John Kross, Town of Queen Creek – Chaps 9,
10 (Subdivision Regs/Site Plan Review and
Development Tools)
Monty Stansbury, Yuma County – Chaps 4, 6,
7 (Public Involvement and Comprehensive
Plans)
Mary Dahl, Santa Cruz County – Chaps 5, 10
(Boards & Commissions and Development
Tools)
• Bill Towler, Coconino County – Chaps 6, 7, 9
(Comprehensive Plans and Subdivision Regs)
Arlan Colton, Pima County – Chaps 3, 6, 7
(Legal and General/Comprehensive Plans)
John DiTullio and Steve Betts, Gallagher &
Kennedy – Chap 3 (Legal)
Matt Lore, Arizona League of Cities and
Towns Chap 4 (Public Involvement)
QUESTIONS, COMMENTS or
SUGGESTIONS regarding the Handbook
or requests for training and assistance
are welcome and may be
addressed to:
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HANDBOOK
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DEFINITION
HISTORY
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CHAPTER 2
DEFINITION & HISTORY
OF PLANNING
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2.1 WHAT IS PLANNING?
Defined in broad terms, planning is a continuous process to guide the
preservation, development, or redevelopment of a neighborhood,
community, or region. Its purpose is to create and maintain a desirable
environment and to promote the public health, safety, and welfare guided
by the aims, goals, and ambitions of its residents.
An established planning program will help local officials in making
decisions. It is important that planning is comprehensive, pragmatic, and
continuous; that it deals with all aspects of development; and that it
provide realistic goals and strategies for development. Planning tools must
comply with statutory requirements and incorporate a community vision
or ideal. Planning is the first step in the preparation of development and
preservation regulations that put into practice the long-range goals stated
in the community’s plan.
CHAPTER 2
DEFINITION & HISTORY OF PLANNING
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2.2 DEFINITION OF TERMS
We have attempted to minimize the use of jargon
in this Handbook, but the following terms have a
special meaning in planning and will be
referenced. Appendix A provides an extensive
glossary.
GOALS
Broad, long-range statements that represent
future visions of the community.
OBJECTIVES
Often used interchangeably with the word
“goal”, an objective is defined here as a
measurable and verifiable method of achieving
a goal.
STRATEGIES
Strategies are specific actions that identify what
will be accomplished, by who, when, and how.
If the goal sets a general direction for action,
then the strategy specifies exactly how to get
there.
POLICIES
A policy is a brief, direct statement of what you
intend to do to implement your goals and
objectives. Ideally, policy formulation is the
result of group identification of goals and
objectives, represents group consensus, and sets
criteria for decision-making.
The relationship between these concepts may
be illustrated as a planning continuum where
goals are the “thinking” phase and strategies
lead to the “doing” or implementation phase.
PLANS
A plan is an official policy document to guide
the physical development and conservation of a
community. Plans often contain a variety of
maps to illustrate existing and proposed
conditions. Counties and municipalities are
mandated by Arizona law to develop
comprehensive and general plans, respectively.
ZONING:
Zoning is a tool to implement the policies and
goals established in a community’s plan as they
relate to land use. It specifies activities allowed
on each parcel of land as well as any associated
standards or exceptions.
Creating a municipal general plan or county
comprehensive plan involves a series of steps
that are discussed in greater detail in later
chapters. The process includes:
1. Data gathering on existing conditions
2. Evaluating community resources
3. Organizing public discussion and input
4. Analyzing alternatives for the plan
5. Preparing, adopting, implementing, and
updating the plan
2.3 HISTORY OF PLANNING
Urban planning in the United States has been
influenced by historic events, the national
economy, and changes in social attitudes. The
Puritan work ethic formed the basis for the
agrarian philosophy associated with Thomas
Jefferson. This philosophy is based on the belief
that the agricultural life has the most human
value, and reflected the largely rural settlement
pattern in the country at that time.
With the industrial revolution, cities grew in size
and importance. The Public Health, Garden City,
and City Beautiful movements of the 19th century
raised issues of health and aesthetics in the city,
and profoundly affected the design and
development of cities during the first half of the
20th century. Planning gained acceptance as a
discipline with the publication of the 1928
Standard City Planning Enabling Act (SPEA) by
the U.S. Department of Commerce. This model
law provided for the creation of a local agency
comprised of both elected officials and appointed
citizens, charged with the responsibility of
CHAPTER 2
DEFINITION & HISTORY OF PLANNING
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preparing planning studies and programming the
future development of the municipality. Today
many states, including Arizona, have planning
enabling legislation that follows the guidance
established in this model act.
Contemporary planning issues have emerged
from various interest groups and challenges
throughout the 19th and 20th centuries, including
the following:
Public Health Movement
The Public Health Movement developed in the
late 1800s from a concern for public health and
workers’ safety. This movement focused on the
establishment of industrial safety requirements,
maximum work hours, minimum housing
standards, public recreation amenities, and
ensuring the provision of light and air in cities.
Garden City Movement
The Garden City Movement began with
Ebenezer Howard’s classic work, Tomorrow: A
Peaceful Path to Real Reform, published in
1898, later republished in 1902, Garden Cities
of Tomorrow. A reaction to industrialization
and poor living conditions in cities, this
movement was predicated on the inherent
immorality of the city, a return to the country
village, and the sacredness of nature. The
Garden City Movement proposed public
greenbelts and agricultural areas surrounding
self-supporting, satellite communities ringing a
central garden city with maximum populations
to prevent sprawl.
The impact of the Garden City Movement was
seen in the 1920s with the first comprehensive
suburban neighborhood designs made up of
residential areas with open space, parks,
shopping facilities, and schools.
City Beautiful Movement
Emphasizing design and aesthetics, the City
Beautiful Movement emerged from the 1893
Columbian Exposition in Chicago. The
Exposition provided a prominent American
example of a great group of buildings designed
in relation to each other and in relation to open
spaces. Contributions of the movement
included: a revival of city planning and its
establishment as a permanent part of local
government, an emphasis on physical site
planning, the professional consultant role, and
the establishment of quasi-independent
planning commissions composed of citizens.
City Efficient Movement
The City Efficient Movement saw the passage of
new laws and court cases relative to land use,
zoning, subdivision control, and administrative
planning regulation. Civil engineers, attorneys,
and public administrators began to play a
larger role in city planning with an increase in
demand for public services and facilities such as
highways and sanitary sewers.
City Humane Movement
The City Humane Movement developed as a
result of the Depression of the 1930s. It
concentrated on social and economic issues and
ways of alleviating the problems of
unemployment, poverty, and urban plight.
City Functional Movement
The City Functional Movement developed in
the 1940s with the growth of the military and
renewed industrialization. This movement
emphasized functionalism and administrative
efficiency, and contributed to the federal
government’s increased involvement in local
planning and the passage of Section 701 of the
Housing Act in 1954. The 701 program
subsidized thousands of general plans and
special projects for cities, counties, regional
councils of government, and states until 1981.
Many Arizona communities benefited from this
program.
As the need to institutionalize the planning
function under a single public authority became
apparent, planning became a component of local
government administration. Commissions made
up of local leaders were established to guide local
CHAPTER 2
DEFINITION & HISTORY OF PLANNING
6
planning and zoning decision-making with some
autonomy from the political process (i.e. the city
or town council). Many pioneers in the field
recognized that the success and effectiveness of a
planning program also required citizen
participation.
At one time, the municipal plan was perceived as
an objective, technical document that focused
solely on the physical development of the
community. The 1960s and ‘70s saw a renewed
emphasis on social, economic, and environmental
issues with the Advocacy Movement and the
Environmental Movement. During this period,
some planners actively promoted social reform,
supporting the interests of low-income and
minority groups, wildlife, the preservation of
open space, and the conservation of natural
resources. It has become common for plans to
more explicitly address the impact of physical
development on economic, social, and
environmental issues, to ensure greater
consistency among policies and goals for the
community.
Planning in Arizona has had a relatively short
history. Cities were not specifically authorized to
prepare general plans before the Urban
Environmental Management Act (UEMA) was
passed by the State Legislature in 1973.
However, Arizona previously had adopted a
version of the Standard State Zoning Enabling Act
that implied the authority for local jurisdictions to
plan.
In 1998, the Arizona Legislature passed the
Growing Smarter Act. The purpose of the Act was
to strengthen the ability of Arizona’s communities
and counties to plan for growth, acquire and
preserve open space, and develop strategies to
comprehensively address growth related
pressures. The Act requires new elements - Open
Space, Growth Areas, Environmental Planning,
and Cost of Development - to be included in
general and comprehensive plans and also calls
for more effective public participation,
mandatory rezoning conformance to plans, and
more regional cooperation.
A Growing Smarter Commission was created as
part of the Growing Smarter Act. This body
proposed revisions to the legislation, which were
passed as the Growing Smarter Plus Act in 2000.
The provisions of the Growing Smarter Plus Act
included requirements for a water resources
element and ratification of large and fast growing
communities’ general plans by the electorate. The
Growing Smarter Oversight Council was created
by Executive Order in 2001 to monitor the
implementation of the legislation and make
recommendations for changes. More information
on the mandates for jurisdictions in the Growing
Smarter/Growing Smarter Plus legislation is
provided in Chapters 6 and 7 and on the Arizona
Department of Commerce web site at
www.azcommerce.com.
2.4 PURPOSE OF PLANNING
Planning for the future development of a
community is important and it makes sense. The
planning process provides an opportunity for
jurisdictions and citizens to determine the vision
for the future of the community. An effective
process brings the appropriate stakeholders to the
table to work through issues and ideas, so that
the resulting plan can function as a policy guide
for implementation efforts.
Communities plan to:
Prepare for the future
Accommodate the present
Anticipate change
Maximize community strengths
Minimize community weaknesses
Respond to legislative change
Secure a sense of community coordination
Deal with scarce resources
Build a sense of community
Provide for public health, safety, and welfare
CHAPTER 2
DEFINITION & HISTORY OF PLANNING
7
Many communities in Arizona have established
planning programs, appointed planning
commissions, and hired professional planning
staffs. The direction a community takes in
relation to planning depends on its size, location,
natural environment, finances, and level of
development, the attitude of local officials and
the willingness of citizens to participate in guiding
development. Planning for our cities, towns, and
counties is one way in which Arizona’s physical
and economic environment can be improved and
preserved.
The planning process requires community
members working together to develop a vision.
This process involves professionals providing
information, citizens expressing desires and
needs, and elected officials ensuring the
implementation of shared goals. Planning is an
ongoing process that needs to be reassessed
periodically.
2.4.1 Six Functions of Planning
Planning is a means of preparing for the
future. Addressing community needs only
when they have become so urgent that they
demand immediate action can result in
temporary, costly, or ineffective solutions.
With proper planning, for example, school
and park sites may be reserved in advance of
need while reasonably priced, vacant land is
still available.
Planning is a tool for identifying the causes of
complex urban and rural problems and
developing sound, cost-effective solutions.
Planning helps do first things first. With an
inventory of existing conditions, community
strengths and weaknesses, and a
comprehensive or general plan, officials can
better manage resources while preparing for
the future.
Planning helps make sound policies for
development. Good planning includes
policy-making based on needs and priorities.
For example, street improvements should be
planned to accommodate the type of land
uses that they serve.
Planning provides procedures for making sure
that new physical development is
coordinated with other uses and needs
related to it. The comprehensive and general
plan, and the capital improvement program
in particular, help local officials to coordinate
decisions and projects.
The planning process is a means of educating
and informing. When policies are adopted
based on public input, they are better
understood and more likely to have
community support.
2.4.2 What Planning Can & Can’t Do
Help to stabilize a community in
transition, to ensure orderly growth by
identifying where it is going, and how
it needs to get there.
Protect property values by maintaining
the integrity of a neighborhood.
Improve the economic base of the
community by providing a climate for
business creation and expansion.
Identify resources, opportunities, and
constraints.
Clarify community needs, goals, and
objectives.
Provide a forum for action.
1
2
3
4
5
6
Planning CAN…
CHAPTER 2
DEFINITION & HISTORY OF PLANNING
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Be a one-shot deal; it’s an ongoing,
evolving process.
Automatically solve all problems.
Correct all past mistakes.
Be successful unless supported by
policy and an action-oriented program.
Be used to promote special interests.
Be used to exclude others from the
community.
Planning allows communities to meet challenges
by setting a direction based on public consensus.
It takes full advantage of opportunities while
anticipating and minimizing weaknesses and
threats inherent in any development process.
2.5 ADDITIONAL REFERENCES
The Citizen’s Guide to Planning, 1979
Herbert H. Smith. Chicago: Planners Press
The City in History: its Origins, its
Transformations, and its Prospects, 1968
Lewis Mumford. Harvest Books
Contemporary Urban Planning, 2002
6th Edition. John M. Levy. Prentice Hall, Inc.
The Death and Life of Great American Cities.
1992; Reissue Edition, Jane Jacobs. Vintage
Books
The Practice of Local Government Planning,
2000; 3rd Edition, Linda C. Dalton, Charles
Hoch, Frank S. So. International City/County
Management Association.
The Practice of State and Regional Planning,
1986, Irving Hand, Bruce D. McDowell, and
Frank S. So. Published by the American
Planning Association in cooperation with the
International City/County Management
Association
American Planning Association web site:
www.planning.org
Planning Commissioners’ Journal web site:
www.plannersweb.com
Arizona Planning Association web site:
www.azplanning.org
Common Questions newsletters are developed by
the Community Planning Office, and are available
at
http://www.azcommerce.com/communityplanning
/resource.asp.
Planning CAN’T (or shouldn’t)…
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HANDBOOK
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LEGAL AUTHORITY TO
PLAN
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CHAPTER 3
LEGAL AUTHORITY TO
PLAN & ZONE
Arizona municipal and county governments have no inherent power to
regulate land use. They are political subdivisions of the state, and
whatever legislative or administrative authority they have to plan and zone
is derived from the enabling legislation that is adopted by the State
Legislature. In Arizona, elected and appointed officials must observe the
legal requirements set forth in the Arizona Revised Statutes (abbreviated
throughout the Handbook as “A.R.S.”). Officials should also be aware of
recent state and federal court decisions that affect the legal interpretation
of these statutes.
Although the authority of local governments to regulate land use is
delegated by the state, the control of land use has historically been a
function of local government. Local governments may exercise control
over the development of land in a variety of ways, especially through
comprehensive (or general) land use planning, zoning, ordinances and
subdivision ordinances.
Because of legal implications inherent to nearly all aspects of planning,
statutory and legal references have been included throughout this
Handbook. State statutes may be modified by the Legislature and the
courts may decide significant issues before this Handbook can be brought
up to date. For this reason, local officials should always consult their
jurisdiction’s attorney for the latest law on the subject. (When possible, it
is also recommended to have legal counsel present at public hearings.)
CHAPTER 3
LEGAL AUTHORITY TO PLAN & ZONE
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3.1
BACKGROUND OF LEGAL
AUTHORITY
The Tenth Amendment to the Constitution of the
United States reserves to the states or to the
people all powers not specifically delegated to
the federal government. One of these is the
“police power”. This power provides the
authority to adopt laws, ordinances, and
regulations to protect the public health, safety,
morals, and welfare. Comprehensive land use
planning, zoning and subdivision regulations fall
under the umbrella of this authority.
The police power is an “elastic” power, changing
form to reflect the conditions of the time.
Regulations embraced under the complex
conditions of today might have been condemned
as arbitrary or unreasonable as little as 70 years
ago, and vice versa. Over time, the courts have
interpreted the legitimate use of the police power
broadly to promote a variety of community
benefits. These benefits can promote social,
environmental, aesthetic or safety values.
Planning has long been accepted as an important
vehicle for a community to define and maintain
its essential values and identity.
In exercising planning and land use control
powers, local governments must follow several
constitutional principles, including equal
protection and due process. A more detailed
discussion of some of the United States Supreme
Court cases that established the current (at the
time of this writing) interpretations of these and
other constitutional principles can be found in
Section 3.5 of this chapter. For a background
compilation of Arizona planning and zoning case
law that has evolved over time, a review of
Jorden & House, Arizona Land Use Law (3rd Ed.
and 2001 Supplement), published by the State
Bar of Arizona is recommended.
3.2
ARIZONA MUNICIPAL
PLANNING AUTHORITY
State planning and zoning statutes are not static.
Historically, Arizona Statutes have been adjusted
to fit changing times in a series of “tweaking” bills
by the State Legislature. Two efforts have been
more comprehensive: the 1973 Urban
Environmental Management Act, and in 1998
and 2000, with the Growing Smarter and
Growing Smarter Plus Acts.
In 1973, the Arizona State Legislature amended
Title 9 of A.R.S. to authorize cities and towns to
plan through the Urban Environmental
Management Act (UEMA). Prior to 1973, cities
and towns in Arizona had zoning authority but no
explicit planning authority. However, the
authority to plan was generally inferred to
accompany the power to zone and some
communities had planning power written into
their charters.
The 1998 and 2000 Growing Smarter and
Growing Smarter Plus Acts broadened the scope
of general planning to include more specific
mechanisms to manage and plan for growth. An
initial update of general and comprehensive land
use plans and subsequent updates every 10 years
were also specified.
More information on the general plan elements
and other components of planning and zoning
that are defined by the statutes (current as of this
writing) is included in Chapter 6 (for cities and
towns) and Chapter 7 (for counties).
Planning Agency
A.R.S. § 9-461.01 authorizes establishment of a
“Planning Agency” as the official body designated
by local ordinance to carry out municipal
planning. This agency may be a planning
department, planning commission, hearing
officer, the elected body itself, or any
combination thereof. Once formed, the planning
agency must:
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1. Develop and maintain a general plan.
2. Develop specific plans as may be
necessary to implement the general
plan.
3. Periodically review the capital
improvements program of the
municipality.
4. Perform such other planning functions
as directed by the elected body.
The agency will be limited by the powers outlined
in the municipal ordinance. It may:
Contract for, receive, and utilize any
grants or other financial assistance made
available by a municipality, a county,
the state or federal government.
Contract with the state or federal
government and any of its agencies, or
the elected body of any municipality or
county.
Creation of Municipal Planning Commission
A.R.S. § 9-461.02 authorizes cities and towns to
create a planning commission to advise on land
use and development issues. Planning
commissions in Arizona must have at least five
members who are appointed by the elected
body. The number of commissioners may differ
depending on the degree of urbanization and
development of the community. The ordinance
establishing the commission must set the number
of commissioners, the method of their
appointment and removal, terms of office and
process for selection of a chair, and duties of the
planning commission. Chapter 5 provides a
detailed discussion of the role of the commission.
A.R.S. § 9-461, 461-01, 461-02 have been
included in Appendix B as a reference. To search
the statutes in their entirety, consult your library
or the A.R.S. web site at:
www.azleg.state.az.us/ArizonaRevisedStatutes.asp.
3.2.1 Other Sources of Municipal
Planning Authority
In addition to planning, zoning, and subdivision
controls, municipalities may exercise other
sources of authority to manage and direct land
use in the interest of the public health and safety.
Eminent Domain
Municipalities have the power to acquire land for
public purposes by eminent domain, providing
that the property owner is compensated. The
exercise of eminent domain powers can have a
substantial impact on land use patterns in a
community, especially when exercised as part of
a municipal redevelopment plan.
License and Permits Powers
Licensing or permitting systems are frequently
used to regulate activities affecting public health
and safety and may affect land development in
several ways. For example, the Urban
Environmental Management Act provides that a
permit system may be used to enforce zoning
regulations.1 These systems must be administered
consistently with zoning laws and may not be
used to forbid uses permitted by the zoning
regulations.
Permit systems may be used to administer
conditional uses, special uses, and signage.
Proponents of permit regulations argue that local
planning officials need discretion to administer
conditional uses, as well as the power to impose
conditions, supervise the continuation of the use,
and restrict the life of the use. Conditional use
permits and nonconforming uses are discussed in
greater detail in Chapter 8.
1 A.R.S. § 9-462.05(D)
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Easements and Covenants
Easements and restrictive covenants are the
primary tools for private land use control.
Easements may be used to give local
governments, public utilities, and adjacent
property owners rights to access and use land
owned by another; restrictive covenants may be
employed to enforce a planned development
scheme by limiting the purposes for which
neighboring land may be used. Affirmative
covenants may be used to impose obligations of
maintenance and contribute to the upkeep of
commonly owned property. These private
control devices have been successfully used in
large planned communities.
Public use of easements and covenants to control
land use has been more limited. Recent
suggestions for expanded public use of these
devices fall into three basic categories. First,
easements and covenants may be used to prevent
development and to preserve open space by
acquiring development rights. Second, they may
be used, as is done in urban renewal projects, to
control the use of land sold or otherwise disposed
of by the government. Third, they may be used
to obtain more detailed control over subdivisions
and other forms of development than is possible
under zoning regulations. Private restrictions may
be more effective than general zoning regulations
in many cases, also ensuring regular maintenance
of the property. A city may require the filing of
restrictive covenants as a condition of zoning and
permit individual property owners to enforce
them.2
Conservation Easements
A conservation easement is a legal agreement
regarding the voluntary donation or sale of
particular property rights to a governmental
entity or nonprofit organization that agrees to
monitor and enforce the terms of the agreement.
Arizona’s conservation easement statute 3
2Goodman v. Superior Court.137 Ariz. 348, 670 P. 2d 746
(App. 1983)
3 A.R.S. § 33-271 through § 33-276
specifies that conservation easements may be
created, conveyed, recorded, assigned, released,
modified, terminated or otherwise altered in the
same manner as other easements. An easement
may be created to protect or preserve:
Historical, architectural, archeological,
or cultural aspects of real property.
Land for the outdoor recreation or
education of the general public.
Land as a natural habitat for fish,
wildlife, and plants.
Open space, including farmland and
forestland, for the public’s enjoyment
pursuant to a clearly delineated
governmental conservation policy.
The property owner (grantor) and public entity
(holder or grantee) must agree on the terms of
the easement. The grantor may specify how long
a conservation easement will last, either in
perpetuity, or for a given period of time. The
grantor may also negotiate whether the public
may have access to the property. The grantor,
public entity, or a third party specified in the
easement document may legally enforce the
terms of the easement.
Once created, a conservation easement may be
modified or terminated based on the agreement.
The public benefits from the donation of these
easements through conservation and protection
of important natural and cultural resources. The
property remains on the tax rolls, and private
monies are used to acquire and maintain the
property.
For more information on conservation
easements contact…
State Historic Preservation Office
Arizona State Parks
1300 W. Washington Street
Phoenix, AZ 85007
(602) 542-4009
www.pr.state.az.us/partnerships/partners.html
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LEGAL AUTHORITY TO PLAN & ZONE
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Public Acquisition and Disposition of Land
Local governments may affect land use patterns
within their boundaries by intervening directly in
the development process:
Through property acquisition by
purchase or eminent domain.
Through the development of publicly
owned property for public use.
By stimulating the redevelopment of
under-utilized property through
renewal and redevelopment programs.
In Arizona, municipalities may “purchase, lease,
or rent land” outside, as well as within, their
corporate limits.4 The power to acquire property
gives local governments a way to directly control
the development of land. Traditionally, the
broadest exercise of this power has been in the
area of redevelopment. Under enabling
legislation for the renewal of obsolete areas,
Arizona cities are given authority to acquire
interests in land by eminent domain, and to
dispose of that land in ways that will assure its
future development in accordance with a
redevelopment plan. The powers conferred to
municipalities to engage in redevelopment
projects contrast dramatically with the more
limited powers otherwise available for municipal
land acquisition.
Arizona Preserve Initiative
The Arizona Preserve Initiative (API) provides a
process for conserving Arizona State Trust Land as
open space within or near a municipality.
Adopted in 1996 and amended in 1997, the API
allows for Trust Land to be sold or leased for
conservation purposes.5 As part of this process,
land is reclassified and sold or leased through
auction. A matching grant program is
administered through Arizona State Parks to assist
4 A.R.S. § 9-401
5 A.R.S. Title 37, Article 4.2
with funding the acquisition of Trust Land for
conservation purposes. Funding for this program
was approved by the voters as Proposition 303 in
1998 and totals $20 million per year for 11
years, beginning in fiscal year 2001.
For more information on the API and
the grant program contact:
Arizona State Land Department
Arizona Preserve Initiative
1616 West Adams
Phoenix, AZ 85007
(602) 542-2643
http://www.land.state.az.us/
Arizona State Parks
Growing Smarter Grant Programs
1300 W. Washington Street
Phoenix, AZ 85007
grants@pr.state.az.us
http://www.pr.state.az.us/partnerships/
growingsmarter/growing.html
Transfer and Purchase of Development
Rights
The concept behind transfer of development
rights (TDR) and purchase of development rights
(PDR) is that property rights are comprised of a
“bundle” of rights, which include development
rights, air space rights, mining rights, etc. (see
Appendix C, Land Rights Diagram). Under the
PDR concept, private or government entities
could negotiate with the landowner to purchase
development rights on all or part of a property,
and the title and other rights associated with the
property remain with the original owners. This
would allow the owner to benefit financially from
the development potential of the property, and
permit the retention of agriculture or open space
in the community at lower public cost than the
acquisition of the entire fee interest. A.R.S. § 9-
464.01 provides that the acquisition of interests
or rights in real property for the preservation of
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LEGAL AUTHORITY TO PLAN & ZONE
14
open spaces or areas constitutes a public purpose
for which public funds may be expended or
advanced.
Similar benefits may occur under a TDR system,
although TDR allows for “trading” of
development rights among landowners rather
than outright purchase. Under the TDR concept,
“sending areas” and “receiving areas” are created
to identify land that is suitable for limiting or
accepting additional development rights,
respectively. A property owner would be able to
transfer development rights from one location to
another. A municipality could also purchase
development rights in a sending area for resale in
a receiving area, or otherwise function as an
intermediary as specified by its ordinance.
A.R.S. § 9-462.01(A)(12) establishes the authority
and requirements associated with the TDR
process. “Development rights” are defined in the
statute as the maximum allowable development,
with respect to the use, area, bulk, or height of
improvements. A quantifiable value for
development rights must be established in a TDR
ordinance, which could include number of
dwelling units, floor area, floor area ratio, height
limitations, or traffic generation. Receiving
properties must be identified based on the ability
to accommodate the additional development
rights without “substantial adverse
environmental, economic, or social impact to the
property or neighboring properties”. Sending
properties are defined in law as areas with special
characteristics, which may include floodplain,
mountains, recreation or parkland or historic or
aesthetic value.6
Development (“Impact”) Fees
A.R.S. § 9-463.05 authorizes a municipality to
assess development fees to offset costs to the
municipality associated with providing necessary
public services to a development. A development
fee must result in a beneficial use to the
development, must bear a reasonable
6 A.R.S. § 9-462.01(H)
relationship to the burden imposed upon the
municipality to provide additional necessary
public services to the development, and must be
assessed in a nondiscriminatory manner. A
development impact fee ordinance must provide
a credit toward the payment of a development
fee for the required dedication of public sites and
improvements provided by the developer for
which the development fee is assessed.
Development Agreements
A.R.S. § 9-500.05 authorizes a municipality to
enter into development agreements. A
development agreement may address any matter
relating to the development of property,
including land use restrictions, provisions for
infrastructure, phasing schedules, timing of
annexation, and duration of the agreement. A
development agreement must be consistent with
a municipality’s general and specific plans. This
statute has not been construed by the Arizona
courts in a land use context. Unresolved legal
issues regarding development agreements include
the relationship of such agreements to zoning
regulations, notice and hearing procedures for
adoption of development agreements, and
whether such agreements constitute “contract
zoning.”
Moratoriums
A.R.S. § 9-463.06 prescribes the conditions under
which a city or town may enact a moratorium on
development or construction activities, including
notice and hearing requirements and written
findings justifying the need for the moratorium.
The statute provides that a moratorium may be
justified by either a need based on a shortage of
essential public services or a “compelling need,”
which is defined as a clear and imminent danger
to the health and safety of the public. The statute
also provides for limitations on the duration of
moratoriums and requires that procedures be
established to allow landowners to seek waivers.
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LEGAL AUTHORITY TO PLAN & ZONE
15
3.3 COUNTY PLANNING
AUTHORITY
The counties’ primary tools for land use control
are planning, zoning, and subdivision regulations.
Although the 1998 and 2000 Growing
Smarter/Plus Acts added to county planning tools,
authority in these areas is not as comprehensive
as that of municipalities. The authority of
counties to zone is set forth in A.R.S. §§ 11-801
to 11-833. Counties may enact airport and
floodplain regulations pursuant to the same
enabling legislation applicable to municipalities.
Counties also are authorized to adopt overlay
zoning districts and regulations.7
A.R.S. § 11-802 provides counties with specific
statutory power to engage in comprehensive
planning:
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…
A.R.S. § 11-821 provides that a county planning
commission and board of supervisors are
responsible for formulating and adopting a long-
term, comprehensive plan. (For more
information on the county comprehensive plan
and its elements, see Chapter 7.)
Creation of Planning Commission
A.R.S. § 11-802 also directs each county board of
supervisors to:
7 A.R.S. § 11-821(F)
…form planning and zoning
commissions 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.
A.R.S. § 11-803 provides the regulations for the
composition and term-length of county planning
and zoning commissions. The number of
members is dependent upon the number of
supervisors in the county.
In counties having three supervisory
districts, the commission consists of nine
members. Three members are
appointed from each supervisory district
by the supervisor from that district, and
not more than three may be a resident
of an incorporated municipality.
In counties having five districts, the
commission consists of ten members,
two from each district, and not more
than one from each district may be a
resident of an incorporated
municipality.
With the exception of the first appointed
planning and zoning commission, county
commissioners’ terms are for four years.
Depending on the number of members, the initial
planning and zoning commission will consist of
five two-year and five four-year terms (for a ten-
member commission) or four two-year and four-
four year terms (for a nine-member commission).
If a vacancy occurs other than by expiration of
the term, it must be filled by an appointment
replacing the remaining portion of the term.
The county supervisors may remove a member of
the commission for cause. The county assessor,
county engineer, county health officer and county
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attorney all serve in an advisory capacity to the
planning commission and board of adjustment.
The statutes that govern county planning and
zoning authority (A.R.S. § 11-801, 11-802, 11-
803 and 11-804) are included in Appendix B. To
search the statutes in their entirety, consult a
library or the ARS website at:
www.azleg.state.az.us/ArizonaRevisedStatutes.asp.
3.3.1 Other Sources of County
Authority to Control Land Use
Much of Section 3.2.1 related to municipal
authority also applies to county planning,
including the discussions of permits and licensing,
easements and covenants, the acquisition and
disposition of land, and the Arizona Preserve
Initiative. Specific provisions with regard to
county authority are noted below. Arizona
Statutes do not address TDR in counties. In
several areas, counties have authority to adopt
regulations affecting land use that cities do not
possess, such as the power to regulate air
pollution.
Nuisance
Only county boards of health have authority to
control and abate nuisance.8 The board of
supervisors has authority to “make and enforce all
local, police, sanitary and other regulations not in
conflict with general law”.9 The statutes authorize
the county to establish boards of health, which
may exercise all usual powers, including the
regulation of sanitary conditions for subdivision.10
8 A.R.S. §§ 36-601 and 36-602
9 A.R.S.§ 11-251(31)
10 A.R.S. § 36-182 and Davis v. Hidden, 124 Ariz. 546, 606
P.2d 36 (1979).
Licenses and Permits
Counties may require licenses and permits and
building codes may be adopted and enforced
through permits.11 However, the activities and
occupations subject to regulation may be more
limited than those for cities. Before the county
may regulate, the express power to do so must be
delegated to it through enabling legislation.12
Acquisition and Disposition of Land
Counties may acquire land for public purposes
including open space by eminent domain.13
Counties cannot engage in redevelopment or
renewal activities, and the procedures for
disposing county-owned land are restricted.
Pollution Control
The responsibility for controlling air pollution is
shared by the Arizona Department of
Environmental Quality and county boards of
supervisors at the local level. Each board must
designate a county department, establish an air
control district or form a multi-county air quality
control region to enforce air quality legislation
within “non-attainment areas”.14 A board of
supervisors is required to adopt such rules as it
determines are necessary and feasible to control
the release into the atmosphere of air
contaminants originating within the county or
multi-county air quality region. Standards must
be at least equal to, or more restrictive than,
those adopted by the State.15
Development (“Impact”) Fees
The Growing Smarter/Plus legislation authorized a
county that has adopted a capital facilities plan to
assess development fees within the covered
planning area in order to offset the capital costs
for water, sewer, streets, parks and public safety
facilities determined by the plan to be necessary
for public services provided by the county to a
11 A.R.S. §§ 11-808, 11-861, and 11-863.
12 Davis v. Hidden, 124 Ariz. 546, 606 P.2d 36 (1979)
13 A.R.S. §§ 9-464.01 and 12-1111.
14A.R.S. § 49-473
15 A.R.S. § 49-479
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LEGAL AUTHORITY TO PLAN & ZONE
17
development in the planning area.16
Development fees assessed by a county are
subject to the same requirements imposed on
municipalities, except that a county must give at
least 120 days of advance notice of the intention
to assess a new or increased development fee.
Development Agreements
A.R.S. § 11-1101 authorizes a county to enter
into development agreements. The authority
granted is substantially the same as that granted
to municipalities, except that a county may only
enter into development agreements relating to
property outside the incorporated area of a city
or town.
3.4 THE TAKINGS ISSUES AND
PLANNING
Justice William O. Douglas of the U.S. Supreme
Court, writing the majority opinion in Village of
Belle Terre v. Borass 17 upheld a zoning ordinance
restricting land use to single-family dwelling units,
stating:
A quiet place where yards are
wide, people few, and motor vehicles
restricted are legitimate guidelines in a
land use project addressed to family needs
- the police power is not confined to
elimination of filth, stench, and unhealthy
places, it is ample to lay out zones where
family values, youth values, and the
blessing of quiet seclusion, and clean air
make the area a sanctuary for people.
Zoning has also been defined as the process
whereby a community defines its essential
character. Whether driven by a concern for health
and safety, or other public values, zoning
16 A.R.S. § 11-1102
17 416 U.S. 1(1974)
provides the mechanism by which neighboring
uses of land are not mutually – or more often
unilaterally – destructive.18 As Justice Sutherland
observed for the United States Supreme Court in
the landmark case of Village of Euclid v. Ambler
Realty Co.,19 the power to zone closely parallels
the common law of nuisance and thus finds
guidance in the maxim “sic utere tuo ut alienum
non laedas” (use your own property in such a
manner as not to injure that of another).20
Hence, a community reasonably might conclude
that a factory has no place in an otherwise
exclusively residential section or that an
amusement park does not belong in an area
devoted to quiet parks, libraries, and schools. As
in nuisance law, the issue is ultimately one of
whether the proposed land use is – “like a pig in
the parlor instead of the barnyard” – “merely the
wrong thing in the wrong place.” 21
In the interest of the public health, safety, and
welfare, government can appropriate private land
for public purposes. When this occurs,
compensation must be paid. The term “taking”
refers to a situation in which the regulation of
private property without compensation is
considered so burdensome as to be
unconstitutional. This is sometimes also referred
to as inverse condemnation.
The police power, i.e., the power to protect the
public health safety and welfare (discussed in 3.1)
is the legal basis for land use regulation. The
courts interpret this authority broadly. Land use
regulations may include economic, aesthetic, or
safety considerations – as long as local law is not
in conflict with state or federal law. Typically,
landowners who claim inverse condemnation
must show that for a temporary or permanent
period of time all the use and value of a property
has been destroyed – not just the owner’s ability
18 Brendale v. Confederated Tribes and Bands of Yakima
Indian Nations, 492 U.S. 408 (1989).
19 272 U.S. 365(1926)
20 Id., at 387
21 Id., at 388
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to pursue a preferred or intended use. In
Arizona, case law has affirmed that, to constitute
a taking, a land use regulation must deprive the
landowner of all reasonable use for which the
property is adapted, and destroy its economic
value, or leave all but a bare residue of its
value.22
Takings are often a complex issue, and any
specific questions should be directed to legal
counsel. In precedent-setting court decisions,
several considerations have been identified with
regard to land use regulation and takings:
Public Benefit
Land use regulations must promote the common
good. As expressed in Agins v. City of Tiburon,23
part of the test to determine if a taking has
occurred is if an ordinance “substantially
advances legitimate state interests.” In that case,
the community’s low density zoning ordinance
was upheld. The court found that the
preservation of open space is a legitimate use of
the police power to guard a community against
the effects of urbanization. In another example,
in Village of Euclid v. Ambler Realty Co.,24 the
U.S. Supreme Court held that zoning
classifications that separate incompatible land
uses may benefit the whole community by
ensuring safety and protecting property values.
Zoning that protects or enhances the health and
safety or welfare of a community will typically
pass this test.
Economically Viable Land Uses
Another consideration used by courts evaluating
the constitutionality of a land use regulation is
whether it deprives a property of all economically
viable use. Some fluctuation in property value is
likely to occur in response to any government
regulation. Fluctuation alone is not typically
grounds for a finding of a taking. Typically, the
22 Ranch 57 v. City of Yuma,152 Ariz. 218, 731 P.2d 113
(Ariz. App. 1986)
23 447 U.S. 255 (1979),
24 272 U.S. 365
courts have found that a taking has occurred
when a regulation restricts a property from all
economically viable uses in the name of the
common good.
Exaction
A nexus (reasonable relationship or logical
connection) should exist between an exaction
permit condition and the nature of the projected
impacts of the proposed development. The scope
of an exaction must be roughly proportional to
the projected impact of the proposed
development.
Due Process
Under the U.S. Constitution, property owners are
guaranteed due process of law when the
government deprives them of property. In
evaluating the legitimacy of a regulation or land
use decision, courts may review the process
through which it was developed to ensure this
guarantee. Such a review may include the
assurance that fair public hearings were held or
conflicts of interest avoided, among other
procedural considerations.
To summarize, a municipality can minimize or
avoid the potential for damages to be assessed
against it by ensuring that its land use regulations:
Do not exert disproportionate effects on
individual developers or property
owners.
Establish a connection (nexus) between
the condition imposed and the
perceived impacts of the development.
Allow some economically viable use of
the property.
Municipal attorneys and planners may evaluate
procedures to minimize exposure to regulatory
taking claims and to avoid liability for damages in
the following ways:
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LEGAL AUTHORITY TO PLAN & ZONE
19
Determine the adequacy of land uses in
the general plan and zoning categories
to ensure a reasonable array of uses that
may apply to property in each district.
Evaluate existing procedures for
obtaining relief. It may be advisable to
enable an aggrieved landowner to
appeal to the city or town council to
alleviate the effect of potentially
confiscatory regulations. It should be
noted that Arizona law already requires
a process for appealing administrative
exactions in municipalities [A.R.S. § 9-
500.12] and counties [A.R.S. § 11-810].
Establish the necessity for justifying
development fees and exactions with
studies that link the public purpose to
be achieved with the nature and extent
of the conditions imposed. Traditional
dedication requirements may be more
suspect than fee exactions because they
are seldom preceded by capital facilities
studies that typically accompany fee
ordinances.
In addition to constitutional principles that
protect property owners from arbitrary and
confiscatory land use regulations, “protected
development rights” statutes have been adopted
in Arizona that permit land to be developed in
accordance with certain approved development
plans, notwithstanding changes in land use
regulations for specified periods of time. These
statutes are set forth in A.R.S. § 9-1201 et seq.
(cities and towns) and A.R.S. § 11-1201 et seq.
(counties).
3.5 CASE LAW REGARDING
LAND USE REGULATION
The United States Supreme Court has handed
down several significant rulings that relate to
planning and land use regulations. Brief
descriptions of the background and holding for
each case are provided below. Please note that
court decisions can shift, be defined more
precisely, or otherwise reinterpreted over time, as
new cases are heard and new justices are
appointed. When in doubt on the legal aspects of
a specific situation, it is recommended that legal
counsel be consulted.
Background Owners of Penn Central wished
to develop a multi-story tower above its station in
New York City. This desire was in conflict with the
New York City Landmark Preservation Ordinance,
which had been adopted to preserve the
character of existing designated historic buildings.
Penn Central challenged the ordinance and sued
to build the office tower and recover
compensatory damages for the temporary
“taking” of holding up the development of the
tower.
Supreme Court Holding The Supreme Court
held that the property right to maximize the
economic potential by developing the skyscraper
was only one of many property rights held by the
owners. The ordinance was applied to like
properties and therefore did not single out Penn
Central. All owners of like properties were both
restricted in their development potential and
enjoyed the benefits of the Landmark
Preservation Ordinance. Penn Central was not
prevented from carrying out their existing
lucrative business in the terminal so the court
determined that the prevention of a skyscraper
was not a taking.
Penn Central Transportation Company v.
City of New York, 438 U.S. 104,98 S.Ct.
2646 (1978)
3.5.1
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LEGAL AUTHORITY TO PLAN & ZONE
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Background Agins acquired 5 acres of
unimproved land in Tiburon, California for
residential development. The City of Tiburon
rezoned the land to allow between one and five
single-family residences and open space uses.
Agins sued the city, alleging that the restrictions
on the use of their property due to zoning
amounted to a taking without just compensation.
The California Supreme Courts ruled for Tiburon,
holding that the zoning ordinance had deprived
Agins of his property. The case was appealed to
the Supreme Court.
Supreme Court Holding The Court upheld the
zoning designation, and established a “two-part
test” for determining whether regulation has
resulted in a taking. The test indicates that a
taking has occurred: 1) if it can be shown that the
regulation deprives an owner economically viable
use of his land, or 2) if the regulation does not
advance a legitimate government interest. This is
frequently referred to as the “disjunctive test”. In
this case, the appellants were not prevented from
using their property or denied other fundamental
attributes of ownership by the zoning ordinance.
In addition, the Court determined that the
ordinance did substantially advance the
legitimate government goal of discouraging
premature and unnecessary conversion of open
space to urban land uses.
Background The church owned land along a
creek where flooding had destroyed all the
buildings on the property. In response to the
flooding, Los Angeles County adopted an interim
ordinance prohibiting construction or
reconstruction of buildings or other structures
within an interim flood protection area, which
included land owned by the church. As a result,
the church sued the county to recover damages,
alleging that the ordinance denied it all use of its
property.
The California courts held that a landowner need
not be compensated for the reason that
compensation is not required unless an ordinance
is first declared unconstitutional and the
government decides to let it remain in effect.
Otherwise, invalidation of the ordinance is a
sufficient remedy. The case was appealed to the
Supreme Court.
Supreme Court Holding The U.S. Supreme
Court reversed the California Court of Appeals
and held that even though a taking may be
temporary in nature, invalidation of a regulation
is not an adequate remedy and that under the
Just Compensation Clause of the Fifth
Amendment, compensation must be paid for the
period of time an unconstitutional regulation is in
effect.
The First English decision had less impact in
Arizona than in some other states because the
Arizona Supreme Court had already ruled that
landowners may seek compensation for damages
that result from confiscatory land use regulations
and temporary takings Corrigan v. City of
Scottsdale.25
Background Nollan had applied for a permit
to build a larger house on his beachfront lot. The
California Coastal Commission included a permit
25 149 Ariz. 538, 720 P.2d 513 (1985), cert. denied, 479 U.S.
986
First English Evangelical Lutheran
Church of Glendale v. Los Angeles
County, 107 S.Ct. 2378 (1987)
Nollan v. California Coastal
Commission, 107 S.Ct. 3141 (1987)
3.5.3
3.5.4
Agins v. The City of Tiburon, 447 U.S.
255 (1980)
3.5.2
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LEGAL AUTHORITY TO PLAN & ZONE
21
condition that required Nollan provide a public
easement across his property, to allow access
from one public beach to another public beach.
Nollan sued, alleging a taking. The county court
struck down the permit condition, but on appeal
the California Court of Appeals ruled that the
condition did not violate the takings clause of the
constitution. The case was appealed to the
Supreme Court.
Supreme Court Holding The Court
determined that the Coastal Commission’s
imposition of a requirement of a public easement
across the plaintiff’s property as a condition of
development approval constituted a taking
without just compensation under the Fifth
Amendment. Although the government has the
power to impose conditions on permits to further
public purposes, the Court determined that the
Coastal Commission’s goal of public access was
not sufficiently related to the permit sought by
Nollan. The rationale for the permit condition
was that the new development would block the
view of the beach, discouraging access, and that
the impact of the development, together with
other development in the area, would
cumulatively burden the public’s right to traverse
the beach. Although the public goal of continuous
beach access is valid, the government must
pursue that goal through means other than
disproportionately burdening coastal landowners.
In other words, there was no rational connection
(“nexus”) between the permit to build a larger
house and the need for public access across
Nollan’s property. The fact that the house might
block view of the beach from the road had
nothing to do with the need of people already on
a public beach to traverse Nollan’s property to
get to another public beach on the other side.
This decision warns jurisdictions that they must
thoroughly consider and document the nexus
between public goals and the exactions intended
to achieve them.
Background Lucas bought two residential lots
on a South Carolina barrier island, intending to
build single-family homes such as those on the
immediately adjacent parcels. At the time of
purchase, Lucas’s lots were not subject to the
state’s coastal zone building permit requirements.
Subsequently, the state legislature enacted the
Beachfront Management Act, which barred Lucas
from erecting any permanent habitable structures
on his lots. Lucas filed suit against the state
agency, contending that the ban on construction
deprived him of all economically viable use of his
property and therefore effected a taking under
the Fifth and Fourteenth Amendments that
required the payment of just compensation. He
did not dispute the validity of the regulation as a
lawful exercise of the police power. A state court
agreed with Lucas, then the South Carolina
Supreme Court reversed this decision, ruling that
no compensation was required since the
regulation in question – the Beachfront
Management Act – was designed to prevent
“harmful or noxious” uses of property. The case
was appealed to the U.S. Supreme Court.
Supreme Court Holding The U.S. Supreme
Court reversed the South Carolina Supreme Court
ruling and remanded the case to the state courts
to give the state an opportunity to prove that,
under state common-law principles of nuisance
and property law, Lucas’ proposed uses of the
lots could be prohibited. If state common law
principles would have prevented the erection of
habitable structures (although the Court deemed
this unlikely), then the state could reasonably
argue that it is not responsible for compensation
since the Beachfront Management Act does not
deprive the landowner of private property, as the
“proscribed use interests were not part of his title
to begin with.” Otherwise, the Court decision
affirmed that the government would be required
Lucas v. South Carolina Coastal
Council, 112 S.Ct. 2886, 120 L.Ed. 798
(1992)
3.5.5
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LEGAL AUTHORITY TO PLAN & ZONE
22
to provide compensation, since all economically
viable use of Lucas’ property was lost. A key
outcome of this case is the affirmation that
government regulation can affect a taking (as
opposed to a physical taking, in which the
government would actually take possession of a
property).
Although the validity of the use of the police
power to enact the Beachfront Management Act
was not questioned in this case, the Supreme
Court listed in its decision the considerations for a
typical inquiry into whether a taking has
occurred, which included: 1) the degree of harm
to public resources or adjacent private property
posed by the landowner’s proposed activities; 2)
the social value of the landowner’s activities and
their suitability to the locality in question; and 3)
the relative ease with which the alleged harm can
be avoided through measures taken by both the
landowner and the government (or adjacent
private landowners). In addition, the fact that a
particular use has long been engaged in by
nearby owners (or that that other nearby
landowners are permitted to continue the use
denied to the aggrieved landowner) is typically
irrelevant to common-law prohibition (though
changed circumstances or new knowledge may
make what was previously permissible no longer
so).
Background Dolan applied for a permit to
expand her store and pave her parking lot.
Approval of the permit was conditioned on the
dedication of land for two purposes: a public
greenway along a creek on the property to
minimize flooding that would be exacerbated by
the increase in impervious surface on the
property, and a pedestrian/bike pathway to ease
traffic congestion in the central business district.
Through the City of Tigard Board of Appeals,
Dolan alleged an uncompensated taking occurred
since the land dedications were not related to the
proposed development. The Board of Appeals
(and later the state courts) rejected this assertion,
finding a reasonable relationship between the
permit conditions and the proposed
development. The case was appealed to the U.S.
Supreme Court.
Supreme Court Holding The Court reversed
the decision, stating that the dedication
requirements constituted an uncompensated
taking of property. The Court found that
preventing flooding and reducing traffic
congestion were public purposes, and that a
nexus did exist between the public purposes and
the general strategies of limiting development
and providing for alternative means of
transportation. However, the Court used an
individualized measure of “rough proportionality”
to determine whether the nature and extent of
the land dedication requirements fit the nature of
the proposed development, and found that they
did not. This finding was based on the fact that:
1) Dolan had already dedicated 15% of her
property in the floodplain to open space under
the city code, and the city did not specify why a
public (as opposed to a private) easement was
necessary for flood control; and 2) the city did
not demonstrate that the vehicle and bike trips
generated by Dolan’s development would
reasonably relate to the pathway easement.
Background Between 1981 and 1984, the
Tahoe Regional Planning Agency issued a
moratorium on development on certain sensitive
lands along the Lake Tahoe coastline. The agency
was concerned about water quality degradation
due to runoff from shoreline development, and
the moratorium was imposed as a way to avoid
Dolan v. City of Tigard, 114 S.CE. 2309
(1994)
3.5.6
Tahoe-Sierra Preservation Council, Inc.
v. Tahoe Regional Planning Agency,
216 f.3d 764 (2002)
3.5.7
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LEGAL AUTHORITY TO PLAN & ZONE
23
further damage while the problem was studied
and a land use plan developed. Hundreds of
landowners who had bought undeveloped lots
along the lake sued, arguing that the moratorium
constituted a taking since it deprived them of all
economically viable use of their properties. The
case reached the U.S. Supreme Court and was
decided in April 2002.
Supreme Court Holding The Court held that
the moratorium did not automatically amount to
a taking. The plaintiffs had argued that the Lucas
case (described above) indicated that regulation
would affect a taking if all viable economic uses
were prohibited by it, and raised the prospect
that even temporary restrictions would be subject
to this rule. The merit of the water degradation
considerations was not at issue. The decision
stated that “land use regulations are ubiquitous
and most of them impact property values in some
tangential way”, but that compensation for all
such regulations would “render government
processes prohibitively expensive or encourage
hasty decision-making.” Each moratorium must
be weighed on its merits, including consideration
of the public purpose, duration, and impact on
the property owners’ expectations. In essence, the
Court upheld the moratorium as a legitimate
aspect of planning efforts to address community
issues.
Background Palazzolo’s predecessor in interest
purchased an 18-acre waterfront parcel in 1959.
Most of the parcel was a salt marsh subject to
tidal flooding. Some applications to develop the
parcel were rejected by various governmental
agencies in the early 1960s. In 1971, the state
designated salt marshes as protected coastal
wetlands on which development is greatly
limited. The effect of the regulation was to
limited development on Palazzolo’s land to one
single-family residence. In the early 1980s,
Palazzolo applied to fill part of the parcel and
build a private beach club. After his application
was denied, he filed an inverse condemnation
action in state court asserting, among other
things, that the wetlands regulations had taken
his property without just compensation by
depriving him of all economically beneficial use
and seeking damages. The trial court ruled
against Palazzolo and the Rhode Island Supreme
Court affirmed, holding, among other things, that
he could not assert a takings claim based on the
denial of all economically viable use in light of
undisputed evidence that he had $200,000 in
development value remaining on an upland
parcel of the property.
Supreme Court Holding The U.S. Supreme
Court held that the Rhode Island Supreme Court
did not err in finding that Palazzolo failed to
establish a deprivation of all economic use, for it
was undisputed that his parcel retained significant
development value. The Court noted that a state
may not evade the duty to compensate on the
premise that the landowner is left with a token
interest, but that was not the situation in this
case. A regulation permitting a landowner to
build a substantial residence on an 18-acre parcel
does not leave the property “economically idle.”
Although deprivation of all economic use was not
shown, the case was remanded to the state courts
to consider whether a taking had occurred under
the ad hoc factual analysis of all circumstances
approach set forth in the Penn Central case (see
Section 3.5.1 of this chapter).
3.6 ADDITIONAL REFERENCES
For specific cases or detailed questions, please
consult with your jurisdiction’s attorney.
Web site for the Arizona State Legislature:
http://www.azleg.state.az.us
Palazzolo v. Rhode Island, 121 S.Ct.
2448 (2001)
3.5.8
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LEGAL AUTHORITY TO PLAN & ZONE
24
Web site for the U.S. Supreme Court:
http://www.supremecourtus.gov/index.html
Web site for the Legal Information Institute:
http://www.law.cornell.edu/topics/land_use.html
1 A.R.S. § 9-462.05(D)
2 Goodman v. Superior Court, 137 Ariz. 348, 670
P. 2d 746 (App. 1983)
3 A.R.S. § 33-271 through § 33-276
4 A.R.S. § 9-401
5 A.R.S. Title 37, Article 4.2
6 A.R.S. § 9-462.01(H)
7 A.R.S. § 11-821(F)
8 A.R.S. §§ 36-601 and 36-602
9 A.R.S.§ 11-251(31)
10 A.R.S. § 36-182 and Davis v. Hidden, 124 Ariz.
546, 606 P.2d 36 (1979).
11 A.R.S. §§ 11-808, 11-861, and 11-863.
12 Davis v. Hidden, 124 Ariz. 546, 606 P.2d 36
(1979)
13 A.R.S. §§ 9-464.01 and 12-1111.
14 A.R.S. § 49-473
15 A.R.S. § 49-479
16 A.R.S. § 11-1102
17 416 U.S. 1(1974)
18 Brendale v. Confederated Tribes and Bands of
Yakima Indian Nations, 492 U.S. 408 (1989).
19 272 U.S. 365(1926)
20 Id., at 387
21 Id., at 388
22 Ranch 57 v. City of Yuma,152 Ariz. 218, 731
P.2d 113 (Ariz. App. 1986)
23 447 U.S. 255 (1979),
24 272 U.S. 365
25 149 Ariz. 538, 720 P.2d 513 (1985), cert.
denied, 479 U.S. 986
&
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PUBLIC PARTICIPATION
PUBLIC HEARINGS
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CHAPTER 4
PUBLIC PARTICIPATION
& PUBLIC HEARINGS
Planning commissions and boards of adjustment have a responsibility to
inform and educate their communities on the purpose and benefits of
planning, as well as invite public input on planning issues. This chapter
focuses on the statutory requirements for public notification and
involvement – especially provisions of the Open Meeting Law and Growing
Smarter/Plus – and techniques for conducting meetings.
Well-run meetings and open public participation are vital to the ability of
the commission or board to make informed and effective decisions. First,
more input often leads to better decision-making, since decisions are then
based on more information. Second, when the public sees the process
through which decisions are made as reasonable and objective, those
decisions are more likely to be accepted. Finally, State Statutes establish
certain requirements with regard to public notification and input. Not
following the law may invalidate a decision.
CHAPTER 4
PUBLIC PARTICIPATION & PUBLIC HEARINGS
26
4.1 THE OPEN MEETING LAW
The operation of government and the activities of
government officials are often topics of interest to
the public. Generally speaking, there seems to be
a distinct message delivered by the public:
Arizona’s Open Meeting Law [A.R.S. § 35-5431]
provides very simply that, with a few limited
exceptions, all meetings of a public body shall be
open to all persons desiring to attend.
The law defines a meeting as “the gathering of a
quorum of members of a public body to propose
or take legal action, including any deliberations
with respect to such action.” This means that all
meetings or gatherings at which a quorum of the
public body is present to discuss or decide public
business must comply with the notice, agenda
and minute requirements specified in the law
and, except where an executive session is
expressly authorized, be open to the public.
Meetings of less than a quorum that are
perceived to be an attempt to get around this
provision are also violations of the Open Meeting
Law. The law requires that any doubts on correct
procedure be resolved in favor of openness.
General Provisions The Open Meeting Law
applies to more than just the meetings of the
Legislature, the boards of supervisors, and city or
town councils. It applies to any “public body.” If
the public body or its presiding officer appoints a
committee or subcommittee to study a particular
issue, the law also governs the meetings of the
committee or subcommittee, regardless of the
composition of the group. This means that
planning and zoning commissions, boards of
adjustment, library boards, school boards, special
district boards, and any standing, special, and
advisory committees or subcommittees to these
groups, must all comply.
Sanctions If any business of a public body is
conducted in violation of the provisions of the
Open Meeting Law, the actions taken at such a
meeting are null and void. In addition, any
person affected, the Attorney General, or the
county attorney may file an action and obtain
civil penalties, attorneys’ fees and court
injunctions against the public body or individual
who violated the law. The court may remove
that person or those persons from office and
personally assess them with the attorneys’ fee
award.
Ratification A public body may ratify legal
action previously taken in violation of the law.
Ratification is appropriate when the public body
needs to validate a prior act in order to preserve
the earlier effective date of the action. For
example, some public bodies are required by law
to approve their budgets by a certain date. If the
public body discovered after the statutory
deadline that its earlier approval was void due to
a violation of the Open Meeting Law, it could
face serious legal problems. In this situation, it
would be appropriate for the public body to meet
and ratify its prior action in order to preserve the
initial effective date of the action. Ratification
merely validates the prior action; it does not
eliminate liability of the public body or others for
injunctive relief, penalties and fees. The
procedure for ratification is prescribed in A.R.S. §
38-431.05(B).
4.1.1 Public Notice Requirements
The Open Meeting Law requires that public notice
be given for all public meetings and executive
sessions. In giving notice, the first step is to file a
statement with the municipal or county clerk
identifying where public notices of the meetings
of the public body will be posted. Once this
statement has been filed, the law requires that
the public body post notice each of its meetings
The public’s business must
be conducted in public!
CHAPTER 4
PUBLIC PARTICIPATION & PUBLIC HEARINGS
27
in accordance with this statement and “give such
additional notice as is reasonable and
practicable.” The notice must be posted at least
twenty-four hours before the meeting, and must
include the time, date, and place of the meeting.
Any public body that intends to meet for a
specified calendar period on a regular day or date
and at a regular place and time may post public
notice of these meetings at the beginning of this
period of time. For example, a notice of regularly
scheduled meetings of a city council may be
posted once at the proper location to cover all
regular meetings taking place during a specified
period of time. The notice must indicate the
period of time for which the notice will be valid.
Notice for Meeting Resumption Except
when an actual emergency is found to exist, no
public meeting or executive session may be held
with less than twenty-four hours notice to the
members of the public body and the general
public. However, a meeting may be recessed and
resumed with less than twenty-four hours notice
if public notice of the initial session of the
meeting was properly given; and if, prior to
recessing, notice is publicly given as to the time
and place of the resumption of the meeting, or
the method by which public notice for the
resumption of the meeting is to be given.
The only exception to these provisions for public
notice is in the case of an emergency when a
meeting can be called with notice appropriate
under the circumstances.
4.1.2 The Meeting Agenda
The Open Meeting Law requires that the public
body provide an agenda of the specific matters to
be discussed, considered or decided at a public
meeting. This does not permit the use of agenda
items such as “new business” or “old business”
unless the specific items of new and old business
are listed. The agenda should “contain such
information as is reasonably necessary to inform
the public of the matters to be discussed or
decided.” In addition, public bodies may include
a “call to the public” in their agendas to designate
a part of the meeting during which members of
the public may address the public body on any
issue. However, it should be noted that the public
body should not discuss or take action on the
issues raised during the call to public, but may
decide to place the issue on a future agenda for
discussion or action. If it is essential that the body
act immediately, it should declare an emergency
and take action in accordance with the
emergency procedure prescribed in A.R.S. § 38-
431.02.
The agenda may be included as part of the public
notice, or if the notice advises the public as to
how they can obtain an agenda, it can be
distributed separately from the notice. In either
case, the agenda must be made available at least
twenty-four hours before the meeting, unless an
actual emergency is found to exist.
Preparing the Agenda The agenda for any
single meeting should not be overloaded. If
necessary, schedule an occasional extra meeting
to clear any backlog of items that need to be
considered. This is better than holding a
marathon meeting to tackle a long list of items.
Prior to regular meetings, boards and
commissions may opt to hold study sessions with
staff present to review complex cases and
familiarize themselves with the case materials.
Study sessions are useful because they provide an
informal setting for commission members to
discuss and ask questions, and also provide the
public or potential applicants the opportunity to
learn commission’s concerns and philosophy prior
to a formal hearing.
Schedule topics on the agenda to avoid
inconvenience or delays to the public, and follow
the agenda. Unopposed and noncontroversial
items should be addressed first, allowing the
people connected with them to leave early on.
This practice will also help move things along
expeditiously on the agenda.
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PUBLIC PARTICIPATION & PUBLIC HEARINGS
28
Consent and Action Items Many commissions
find that dividing the agenda into two parts,
consent and action items, helps speed the
meeting along. Items listed under consent are
usually decisions for which there is no
controversy, consensus has been reached, no new
information is available, and the case already has
been reviewed by the commission in detail. The
consent items are read at the public meeting.
Before a motion is made and note is taken, the
chair asks if any commissioner or member of the
public would like any of the items removed from
the consent agenda in order to hear discussion of
the item. If no one objects, then a motion to
approve the consent agenda is made and the vote
taken. If any item is removed, it is put on the
regular agenda. The commission can then move
on to action items.
For each action item, staff should present the
facts of the case and staff recommendations.
Board members and commissioners should ask
any questions of staff not addressed in any pre-
meeting study session before turning to the
applicants to present their case. Finally, board
members and commissioners may ask brief,
pertinent questions of the applicants. This
should be an opportunity to gather new
information to aid in decision-making.
4.1.3 Executive Sessions
The Open Meeting Law permits public bodies to
hold an executive session – a closed meeting from
which the public may be excluded – for
discussion and consideration of particular
subjects. The law specifies the seven purposes for
which an executive session may be called. These
are:
Discussion or consideration of employment,
assignment, appointment, promotion,
demotion, dismissal, salaries, disciplining or
resigning of a public officer, appointee or
employee of any public body (with the
exception of salary discussions in which an
officer, appointee or employee may
demand that such discussion or
consideration occur at a public meeting).
The public body must provide the officer,
appointee or employee with such notice of
the executive session as is appropriate but
not less than twenty-four hours for the
officer, appointee or employee to
determine whether such discussion or
consideration should occur at a public
meeting.
Discussion or consideration of records
exempt by law from public inspection.
Discussion or consultation for legal advice
with the attorney(s) of the public body.
Discussion or consultation with the
attorneys of the public body in order to
consider its position and instruct its
attorney(s) regarding the public body’s
position in pending or contemplated
litigation.
Discussion or consultation with designated
representatives of the public body in order
to consider its position and instruct its
representatives regarding negotiations with
employee organizations regarding the
salaries, salary schedules or compensation
paid in the form of fringe benefits of
employees of the public body.
Discussion, consultation or consideration
for international and interstate
negotiations.
Discussion or consultation with designated
representatives of the public body in order
to consider its position and instruct its
representatives regarding negotiation for
the purchase or lease of real property.
The law only permits an executive session in these
instances; it does not require an executive session.
Planning commissions and boards of adjustment
1
2
3
4
5
6
7
CHAPTER 4
PUBLIC PARTICIPATION & PUBLIC HEARINGS
29
should establish, with the assistance of their local
attorney, a clear procedure to use when holding
an executive session.
Public Notice of Executive Session Before an
executive session may be held, twenty-four hours
notice of the executive session must be given, and
a majority of the public body must vote in public
to hold the executive session. For example, if the
need for an executive session arises during the
course of a regular meeting, the public body may
vote to hold the session. However, the executive
session cannot be held at that time, unless at least
twenty-four hours notice has previously been
given. The notice must cite A.R.S. § 38-431.02,
the specific provision of law authorizing an
executive session.
Executive sessions may be held during a public
meeting if the proper notice of the executive
session is posted as part of the public meeting
notice or as a separate notice. If the need for an
executive session arises at a time other than
during a meeting, a notice calling a special
meeting and an executive session must be posted.
The special meeting must be convened to vote on
holding an executive session, and then upon a
majority vote in a public meeting, the public
body may adjourn into executive session.
The Agenda for Executive Session Agendas
for executive sessions must contain a “general
description of the matters to be considered” but
should not contain information that “would
defeat the purpose of the executive session.”
4.1.4 Meeting Records
All public bodies, including subcommittees and
advisory committees, must provide written
minutes or a recording of all meetings. The
minutes or recording of all public meetings must
include, at a minimum, the following:
The date, time and place of the meeting.
The members of the public body recorded
as either present or absent.
A general description of the matters
discussed or considered.
An accurate description of all legal actions
proposed, discussed or taken, the names of
members proposing motions, and each
member’s vote.
The names of persons, as given, making
statements or presenting material to the
public body and a reference to the specific
legal action addressed by the person.
If the discussion in the public session does
not adequately disclose the subject matter
and specifics of the action taken, the
minutes of the public meeting at which
such action was taken should contain
sufficient information so that the public
may investigate further the background or
specific facts of the decision.
In the event that matters not on the agenda
were discussed or decided at a meeting
because of an actual emergency, the
minutes must contain a statement setting
forth the reasons necessitating the
discussion, consideration or decision
without the matter being placed on the
agenda.
Finally, if a prior act is ratified, the minutes
must contain a copy of the disclosure
statement required for ratification.
No executive session may be
held for the purpose of taking
any legal action involving a
final vote or decision.
1
2
3
4
5
6
7
8
CHAPTER 4
PUBLIC PARTICIPATION & PUBLIC HEARINGS
30
In addition to written or recorded minutes of the
meeting, the law provides that any part of a
public meeting can be recorded by any person in
attendance by means of a tape recorder, camera
or other means of sonic reproduction as long as
there is no significant interference with the
conduct of the meeting.
Minutes of Executive Sessions The minutes
or a recording of any meeting, except for the
minutes of executive sessions, must be open to
public inspection no later than three working
days after the meeting. Minutes must be taken in
executive sessions and must be kept confidential
except from the members of the public body that
met in executive session or officers, appointees or
employees who are the subject of discussions.
The minutes of executive sessions must contain
the information described in paragraphs 1, 2, 3
and 7 above. If the public body wishes to
exclude all staff from attending the executive
session, then a member of the public body should
record the minutes.
A 1983 amendment to the Open Meeting Law
allows the Attorney General or the county
attorney access to the executive session minutes
under certain circumstances. First a written
complaint must be submitted alleging a violation
of the law as it relates to executive sessions.
Secondly, the Attorney General or the county
attorney must issue an investigative request for
the minutes of the executive session. Upon
receipt of the request by the public body,
including a city or town, the public body may
comply with the request or, upon a majority vote,
apply to a superior court in the county for a
protective order directing that the minutes of the
executive session not be disclosed.
The court then determines whether or not the
minutes of the executive session are relevant to
the complaint and can order them released if
“justice so requires.” At the public body’s option,
it may also disclose the minutes to the attorney
general or the County Attorney.
4.2 PUBLIC PARTICIPATION
REQUIREMENTS IN
PLANNING & ZONING
4.2.1 General and Comprehensive
Plans
The Growing Smarter and Growing Smarter Plus
legislation was passed in 1998 and 2000,
respectively, and included provisions related to
public participation in the planning process.
Legislation was passed in 2002 (House Bill 2601)
that clarified some aspects of the mandates.
Public participation procedures that are currently
required by State Statutes to accompany general
or comprehensive plan development, or the
consideration of major amendments to the plan,
are summarized below. For more information on
the planning process or coordination with other
agencies, please refer to Chapters 6 (for
municipalities) and 7 (for counties).
Adoption of Written Procedures The statutes
require that the governing body adopt written
public involvement procedures that will “provide
effective, early, and continuous public
participation in the development and major
amendment of general plans from all geographic,
ethnic, and economic areas.” It is suggested the
adoption of a public participation plan be one of
the first steps taken by a community or county as
it embarks on the development or update of a
plan. The statutes specify that these procedures
address:
The broad dissemination of proposals and
alternatives
The opportunity for written comments
Public hearings after effective notice
Open discussions, communications
programs and information services
Consideration of public comments
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PUBLIC PARTICIPATION & PUBLIC HEARINGS
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Adoption of the Plan Document or Major
Amendment The planning commission, if one
exists, must hold a public hearing to discuss the
draft plan or amendment to the plan in
accordance with the meeting and noticing
requirements in State Statutes [see A.R.S. § 9-
461.06(D) and (G) for municipalities and A.R.S. §
11-823(B) for counties]. If the municipality’s
population is larger than 25,000, two or more
hearings must be held in different locations
throughout the community. Once a
recommendation on the plan is transmitted to the
legislative body of the municipality or county,
another hearing must be held prior to legislative
action. If a motion to adopt or readopt a plan or
major amendment fails to pass, the motion may
be reconsidered in any manner allowable under
the governing body’s rules of procedure, but any
subsequent motion must be approved by an
affirmative vote of at least two-thirds of the
governing body. Many municipalities will be
subject to the ratification requirement before a
proposed general plan is put into effect.
If a county fails to adopt or readopt the
comprehensive plan, the current plan will remain
in effect until a new plan is adopted. The board
of supervisors must either reconsider the
proposed plan or consider a revised plan within
one year, and continue this process until one is
adopted.
Major amendments should be defined in each
plan, and are subject to different adoption
requirements than minor amendments. Major
amendments may be heard only once per
calendar year at a single hearing, and application
must occur in the same calendar year as a
proposal is made [see A.R.S. § 9-461.06 (G)]. To
approve the adoption or readoption of a major
amendment, at least two-thirds of the governing
body must vote affirmatively for approval.
Ratification Upon adoption of the plan by the
governing body, the plan must be ratified by a
public vote before it can become effective. This
applies to jurisdictions that meet either of the
following two conditions.
A population of 2,500 or more with an
annual growth rate averaging 2% or more
for the 10 year period of the most recent
census, or
A population of 10,000 or more.
The vote for ratification should occur at the next
regularly scheduled general election or at a
special election scheduled at least 120 days after
the adoption of the plan, pursuant to A.R.S. § 16-
204. The governing body shall include a
description of the general plan and its elements in
the election pamphlet and the plan shall be made
available at two locations that are easily
accessible to the public. The general plan may
also be made available on the municipal website.
If the plan fails to be approved by the majority of
voters in the election, the current plan will remain
in effect until a new plan is ratified by means of
the process described above. This can occur
either at the next regularly scheduled general
election or at a special election scheduled at least
120 days after the governing body has readopted
the new or a revised new plan.
4.2.2 Notice for Zoning Hearings
The state requirements for most zoning hearings
are lengthier with more elaborate notification
procedures, in comparison to other meeting
requirements. The citizen review process and all
notification and hearing requirements apply to a
zoning ordinance that changes any property from
one zone to another, imposes any regulation not
previously imposed on a property, or removes or
modifies any regulation previously imposed.
Citizen Review Process for Rezonings State
Statutes require that the governing body adopt a
citizen review process for rezonings by ordinance
[A.R.S. §§ 9-462.03(A) and 11-829(B)]. This
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PUBLIC PARTICIPATION & PUBLIC HEARINGS
32
process would then apply to all rezoning and
specific plan applications that require a public
hearing. The citizen review process should include
procedures to address the following:
Notification will be provided to adjacent
landowners and potentially affected citizens
of the application.
The municipality will inform adjacent
landowners and potentially affected citizens
of the substance of the proposed rezoning.
Adjacent landowners and other potentially
affected citizens will be provided an
opportunity to express any issue or concerns
with the proposed rezoning before the
public hearing.
Please note that the statutes already include fairly
specific requirements for notification, as
summarized below.
Municipal Notice Provisions In 1988, the
State Legislature amended A.R.S. § 9-462.04
requiring additional notice for municipal zoning
ordinance changes. Notice for a rezoning hearing
must include 1) the time and place of the public
hearing, 2) a general explanation of the matter to
be considered, and 3) a description of the area
affected. Notice shall be given at least fifteen
days prior to the hearing by the following means:
Publication at least once in a newspaper
published or circulated in the
municipality,
If there is no newspaper fitting this
description, the notice must be posted on
the affected property and in a least 10
public places in the municipality. All
posted notices must be printed so that the
following information is visible from a
distance of 100 feet:
the word “zoning”
the present zoning district classification
the proposed zoning district classification
the date and time of the hearing
If the proposed rezoning involves land
that abuts other municipalities or
unincorporated areas of the county or a
portion thereof, copies of the notice for
the public hearing should be transmitted
to the planning agency of the abutting
jurisdiction(s).
If the rezoning is not initiated by the
property owner, notice must be sent by
first class mail to each real property owner
of the area to be rezoned, as shown on
the last assessment of the property, and to
all property owners within 300 feet of the
property to be rezoned.
If the rezoning involves land that is within
the territory in the vicinity of a military
airport as defined in A.R.S. § 28-8461,
then the municipality must send copies of
the notice for the public hearing by first
class mail to the military airport (1995
amendment).
Some rezoning proceedings are subject to
additional requirements (note that these criteria
and requirements also apply to counties), if the
following changes are proposed:
A ten percent or more increase or
decrease in the number of square feet or
units that may be developed
A ten percent or more increase or
reduction in the allowable height of
buildings
An increase or reduction in the allowable
number of stories of buildings
A ten percent or more increase or
decrease in setback or open space
requirements
An increase or reduction in permitted uses
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PUBLIC PARTICIPATION & PUBLIC HEARINGS
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If these criteria are met, then the municipality
must provide notice to the real property owners
pursuant to at least one of the following
notification procedures:
First class mail to each real property
owner whose property is directly
governed by the changes.
Notice may be included with utility bills
or other mass mailings to each property
owner directly involved in the changes.
Prior to the first hearing on proposed
changes, the municipality may publish
such changes in a newspaper of general
circulation. The changes should be
published in a “display ad” covering not
less than one-eighth of a full page.
If notice is provided via one of the last two
methods described above, the municipality
should also send notice by first class mail to
persons who register their names and addresses
with the city as being interested in receiving such
notices. A municipality or county may charge a
fee not to exceed five dollars a year for providing
this service and may adopt procedures to
implement this provision.
If the municipality’s planning commission (or
hearing officer) has held a public hearing on the
proposed changes, the governing body may
adopt the recommendations of the hearing body
without holding a second public hearing if there
is no objection, request for public hearing, or
other protest. Please note that the meeting to
adopt the proposed changes must still conform to
Open Meeting Law requirements.
County Notice Provisions Any applicant
petitioning for changes or amendments to the
county zoning regulations changing the zoning
district boundaries within an area previously
zoned must file an application with the county.
Upon receipt of the application, the board of
supervisors must submit it to the commission for
a report.
Prior to reporting to the board, the planning
commission shall hold at least one public hearing
after giving at least fifteen days notice in a
newspaper of general circulation in the county
seat and by posting in the area of the proposed
change. In the case of a rezoning, the posting
must be in no less than two places with a least
one notice for each quarter mile of frontage along
perimeter public rights-of-way. The notices
should be visible from the nearest public right-of-
way. The commission shall also send notice by
first class mail to 1) each real property owner
within 300 feet of the proposed change, and 2)
county and municipality who is contiguous to the
area of the amendment or change. If the
commission initiated the proposed change, then
notice must be sent via first class mail to each real
property owner of land whose property would be
governed by the proposed change as well.
The notice referenced above must include the
following information:
The date, time, and place of the public
hearing
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
to the proposed rezoning
Notification that if 20% of the property
owners (by area and number) within the
zoning area file protests, then an
affirmative vote of at least three-fourths of
all members of the board of supervisors
would be required to approve the rezoning
Some rezoning proceedings are subject to
additional requirements, similarly to
municipalities. The same criteria and
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PUBLIC PARTICIPATION & PUBLIC HEARINGS
34
requirements apply to counties and
municipalities.
The county board of supervisors may adopt the
amendment after holding a public hearing. If the
planning commission or hearing officer has held a
public hearing, the board may adopt the
commission’s recommendations through use of a
consent calendar without holding a second
hearing if there is no objection, request for a
public hearing, or other protest. The board then
may adopt the amendment after the hearing;
however, if 20% of the owners of the property
within the zoning area (by area and number 26)
file a protest to the proposed change, approval of
the change would require affirmative votes from
at least three-fourths of the board members.
4.3 SUCCESSFUL PUBLIC
MEETINGS
Planning commissions and boards of adjustment
spend the majority of their working time in public
meetings. The community’s impression of the
commission or board depends largely on their
conduct and professionalism. Following are tips
for conducting a successful public meeting:
Keep the meeting on track. The chair
plays a very important role in ensuring
that the meeting is conducted smoothly
and that the agenda is adhered to. The
commission or board should have a set
meeting procedure to follow.
Keep the meeting under control. Do
not allow members of the public to
clap, cheer, whistle, etc.; the chair
should “gavel down” this kind of
behavior. The chair should prevent
26 In calculating the owners by area, only that portion of the
lot or parcel of record that is within 300 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
should not be included [A.R.S. § 11-829 (D)].
commissioners or members of the board
from accusing or overtly challenging
each other, staff, members of the
public, or persons testifying.
Commissioners or members of the
board should never bring up the pros
and cons of an agenda item before all
testimony and evidence have been
presented. Then the discussion should
focus on the facts presented, not on the
presenters.
All applicants and members of the
public providing testimony should be
afforded the same courtesy, attention,
and time before the commission or the
board. Communication should be
formal; joking and use of nicknames
may be considered disrespectful.
The commission or the board should
avoid becoming bogged down in petty
details or endless requests for additional
data just to avoid decision-making. The
chair should move the meeting along by
summarizing the facts and the positions
presented by commission or board
members, and bringing matters to a
vote.
If absolutely necessary, the commission
or the board may postpone making a
decision until after an especially heated
hearing, thereby allowing clearer
thinking to prevail.
If the meeting gets out of control and it
is necessary to stop proceedings, the
agenda item under discussion may be
continued to a specified date and time.
When in doubt as to how to proceed,
the commission or the board should
seek an opinion from their attorney.
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PUBLIC PARTICIPATION & PUBLIC HEARINGS
35
Making Decisions All formal actions
(voting) taken by the commission or board are
initiated by motion. For example, a
commissioner might say, “I move that the
commission recommend the rezoning of the
subject property from R1-6 single family
residential to R2 multi-family resident.” Stating
a motion places a matter before the
commission or board for its consideration and
permits debate to take place. Amendments to
the main motion are always voted on before
voting on the main motion itself. Discussion
must be pertinent to the motion that is under
consideration. Following discussion on the
motion or during a roll call vote, members
should give their reasons for supporting or not
supporting the motion as stated.
If the commission or board is lacking enough
information to make a decision on an application,
they should request that the applicant provide
them with aerial or topographic maps of the area,
surveys, engineering studies, reports or whatever
is needed to make an informed decision. The
commission or board has a right to reasonable
requests for information; however, the additional
time and expense to the applicant should be
considered.
A short statement explaining the commission’s or
board’s vote provides the applicant, the public,
and the elected body with the reason for an
action. For example, a commissioner may say:
“I’m voting against this proposal because it
clearly conflicts with our general plan, and the
evidence presented does not provide sufficient
justification to amend the general plan”. This will
be important to support the commission’s or
board’s position if a decision is appealed.
Public Hearing Protocol Public hearings must
be opened with a motion. When all testimony
has been heard, the hearing must be closed with
a motion, and the meeting resumed.
A typical hearing process includes the following
steps:
Call to Order by Chair - If a study session is
held, the board members review agenda
items. The chair closes the study session,
typically takes a 5-minute break, then calls
to order the regular meeting. Chair can
review the format of the hearing and lay
the ground rules for those in attendance at
this time.
Quorum - Chair notes if a quorum is
present
Call to Public or Communication from
Citizens - Board hears comments from the
public. Discussion does not occur on items
raised. However, a board or commission
member may make a motion to place an
item on a future agenda for discussion, so
that the item may be properly noticed.
Consent Calendar - Typically items for
action by motion with minimal discussion.
For example, a consent item may be to
review, amend, edit, or revise minutes
from the last meeting. Projects may be
placed on the consent calendar that have
been deliberated in detail at previous
meetings. A motion to accept the consent
calendar is given, seconded, and the board
votes. Chair verbalizes the outcome of the
vote for the record.
Public Hearings - Each agenda item is taken
through steps (a) to (g):
a) Staff reviews project - Board may ask
questions through the chair. At this time,
the chair may declare time limits for
presentations by applicant and those
speaking in favor or opposing the project.
b) Applicant presents evidence - Staff or
board may ask questions through the
chair.
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c) Chair opens the public hearing - Chair asks
if any members of the public wish to
speak.
d) Rebuttal - Chair asks the applicant if he
wishes to respond to any of the public’s
comments.
e) Chair may ask board members for
comments or questions.
f) Chair asks if there are any more public
comments and, if there are none, closes
the public meeting.
g) Chair asks the board for discussion, then a
motion - Board members may discuss all
information at hand, review stipulations,
consider additional conditions, and/or
consider continuance. A board member
(in most communities it is someone other
than the chair) makes a motion to grant,
grant with stipulations, deny, or continue
the proposal. After a board member
(typically, someone other than the chair)
seconds the motion, the board may
discuss the motion, and make
amendments if desired. The chair restates
the contents of the motion (if needed) and
a vote is taken. The result of the vote is
announced.
h) All items in Step 4 are repeated for each
case on the agenda.
Announcements - Staff or board may
announce information, request a concern
be passed on to council, request
information, etc.
Adjournment - Meeting can end by vote or
general consent.
Note: Some communities hold a worksession
immediately prior to the hearing. The worksession is
noted on the agenda and announcement that is
posted. The applicant and public can attend the
worksession; however, any and all communication
with the board/commission/council is reserved for the
public hearing.
The purpose of public hearings is to help answer
the following questions:
Were the issues clearly defined
and fully addressed?
Did the evidence provide
sufficient information to reach a
decision?
How does the proposal match the
goals and objectives of the
general or comprehensive plan?
Did the testimony provide
sufficient reason for deviating
from the plan?
Before the commission or board votes on the case
the chair may allow anyone in the audience
wishing to speak to the issue the opportunity to
do so. Sign in sheets outlining meeting protocol
and the order of agenda items should be
available to those wishing to speak. The form
should ask for the speaker’s name, address, and
position on the particular issue they will be
addressing (in support of, or opposed to, the
item). A time limit should be set for those
wishing to speak (3 or 5 minutes maximum per
person). Speakers representing a group may be
allowed more time than individuals. The form
may also allow for the submittal of written
comments, so that people not comfortable public
speaking still have opportunity to provide
comments (instead the chair or commission
secretary could read the comments into the
record). The meeting procedure should be
outlined in the commission’s and board’s bylaws.
Before speaking to the issue the speaker should
state their full name and address for the record.
Individuals holding the floor should be allowed to
direct relevant questions through the chair to
anyone they wish if the response will provide
information that will be of assistance to the
commission or board in reaching a decision. If
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PUBLIC PARTICIPATION & PUBLIC HEARINGS
37
expert witnesses (planners, real estate appraisers,
traffic engineers, etc.) testify, the commission or
board should attempt to make certain the
evidence presented is unbiased. Although cross-
examination of witnesses is usually not
appropriate, especially in the less formal format
of planning commission hearings, it may be
appropriate and advisable to question witnesses
in the quasi-judicial setting of a board of
adjustment hearing.
Rebuttals should be allowed only if the speakers
present new and relevant information for the
commission’s or board’s benefit. The chair
should not allow anyone to filibuster, harangue
the audience, engage in personal insults or
exchanges, or read long documents like the
names on a petition (instead, the petition may be
entered into the record).
4.4 COMMUNITY
INVOLVEMENT TECHNIQUES
The commission’s most significant tool for
successful public interaction is communication
with community members. The commission
should select one of its most articulate members,
preferably the chair, as spokesperson, to
represent and speak for the commission regarding
its decisions. The spokesperson should also be
accessible to reporters and have the authority to
prepare news releases with staff and commission.
The city or county planning director and staff,
who have public presentation skills, may also aid
the community’s planning and public information
goals by speaking to organizations, writing clear,
lucid reports, and providing accurate information
to the media.
Commissioners should be sensitive to public
opinion and concerns regarding development-
related issues. Public hearings do not necessarily
provide an accurate gauge of public sentiment.
For broad efforts such as the development of an
ordinance or the general or comprehensive plan,
individual meetings with people representing
special interests such as homeowners associations,
parent-teacher organizations, the chamber of
commerce, and civic groups can provide an
excellent opportunity to exchange ideas, discover
their wishes and concerns for the community’s
future, and gain support and understanding of
the commission’s goals and purpose. Public
participation in formulating goals and policy is
one of the purest forms of democracy.
Citizen Committees Citizen planning
committees may be appointed by the planning
commission, the city or town council, or the
board of supervisors to augment and assist with
special projects such as the development of the
general or comprehensive plan, specific plans,
redevelopment plans, or the preparation of an
ordinance. These committees identify the issues,
study information prepared by staff, make
findings, and develop policy recommendations
for submittal to the elected officials through the
commission. Citizen planning committees are
different from council or board appointed
standing committees that answer directly to the
elected body.
To avoid the duplication of efforts by special
committees or boards, and to ensure coordination
with the staff and commissioners, the following
steps should be taken:
Establish a close working relationship
between the appointing body, the staff,
and the citizen committee. Make each
group’s role and responsibilities completely
clear from the outset. Depending on the
purpose of the committee, it might
improve communication to have at least
one board or council member appointed to
serve on the committee as a liaison
between the groups.
The committee should present its findings
and recommendations to the appointing
body, which should review and comment
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before passing it on to the elected body if
necessary.
The committee should serve for the project
duration and, upon completion of its
mission, members should be thanked, and
the committee promptly disbanded.
Other Techniques There are numerous other
methods for facilitating community education and
involvement in the planning process. These
include public meetings or open houses,
community newsletters, or community surveys.
Some communities will also conduct focus groups
and interviews to interact either one-on-one or in
small groups to discuss an issue intensively and
openly. Visioning workshops are often an early
step in the general or comprehensive plan
process, and are a forum for brainstorming a
vision for the future of the community. The goals
and policies in the plan emanate from the broad,
overall vision statement developed by community
members in this setting.
A more detailed discussion of community
involvement techniques and tools is outside the
scope of this Handbook. The Community
Planning Office can provide expertise and
maintains a library that houses a growing body of
literature on the subject. Please call 602-771-
1191 if you are interested in more information.
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CHAPTER 5
Planning Commission, Board of Adjustment, Council, Board of Supervisors,
Economic Development Commission, and Design Review Board
ROLE OF PUBLIC
OFFICIALS
39
City and town councils and county boards of supervisors exert great
influence over the planning and zoning process. They are the legislative
body for the jurisdiction and, as such, make the final decisions on many
planning and planning-related issues. However, other public bodies,
including the planning and zoning commissions, boards of adjustment,
design review boards, economic development commissions, historic
preservation boards, and many other appointed committees also have a
tremendous impact on the quality of their respective towns, cities, or
counties. These entities are charged with interpreting information and
making specific decisions or recommendations that can greatly affect the
planning process.
A successful board or commission will have dedicated members who work
well together, as well as with local officials, other public bodies, and the
general public. While much of the information of this chapter is written
with planning commission and board of adjustment members in mind, the
advice on communication, effective teams, and proper codes of conduct
are applicable to other public bodies as well.
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ROLE OF PUBLIC OFFICIALS
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5.1 ROLE OF PLANNING
COMMISSION
The job of the planning and zoning commissioner
is comprehensive. Commissioners participate in
the planning process for the immediate needs
and future growth of the community. The duties
range from being an advisor on long range
planning projects to evaluating the impacts of a
site plan for development to begin in less than a
year. Some of the qualities that an effective
commissioner should possess include:
3 Civic-mindedness
3 An interest in bettering one’s community
3 An interest in planning and development
3 And open mind and objectivity
3 A team player
3 The ability to express oneself clearly and
concisely in public
3 Enough “free” time to prepare for
meetings
3 Have few potential conflicts of interest
As a commission, key skills for the group to
possess include the ability to:
Identify the fundamental issues and any
underlying motives:
It’s vital to know beforehand what it is you
have to decide. Your planning staff should
give you guidance on what the main issues
are on any matter and the options before
you in making a decision.
Condense and analyze written and oral
information, and recommend actions or
policies based on findings of fact:
Recommendations should rely on adopted
plans and policies that represent community
values, rather than personal opinions.
Examine issues with regard to their long-
term impact on the community:
Despite an apparent short-term need, a
good analysis should balance such requests
against longer-term desires, needs, and
impacts.
5.1.1 Legal Authority
Municipal Commissions A.R.S. § 9-461.02
provides the authority for a municipality to create
a planning and zoning commission that must
have at least five members. A local ordinance
determines the organization, number of
members, terms, and method of approval or
removal for its commission.
County Commissions The authority for
counties to create a planning and zoning
commission is provided in A.R.S. § 11-803. The
number of supervisorial districts in the county
determines the required number of commission
members. The State Statutes require that terms
shall be for four years, except for new
commissions, on which terms may be staggered
to allow for more continuity as the group is
established.
5.1.2 Responsibilities
Within the broad charge of assisting local elected
officials in the decision-making process, the exact
functions of the commission will vary from one
community or county to another. The planning
commission’s role depends in part on the
planning staff, budget, the experience and
activities of elected officials; the community’s
planning policy; and the level of activity with
which the commission is comfortable. The
commission may:
Assist in the preparation of the general
plan.
In small communities with little or no staff, the
commission may be responsible for
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ROLE OF PUBLIC OFFICIALS
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developing the plan. In all cases, however,
commissions will advise and involve elected
officials and the public in the development of
community planning goals, policies, and
programs.
Assist in the preparation of development
tools such as the zoning code, subdivision
ordinance, sign code, landscape ordinance,
design guidelines, and other regulations the
community may have to govern such as
density, aesthetics, and the treatment of
environmentally sensitive areas.
Review development proposals,
recommend changes to ordinances, and
recommend changes to planning policies
Development proposals may involve an
amendment to the general plan, rezoning,
or the approval of a subdivision plan.
Decisions on these proposals require that
commissioners have a working knowledge of
the local development requirements and
ordinances. Once a jurisdiction has
established standards for local development,
they should not be changed without
substantial cause.
All development applicants should be
treated equally. Exceptions set a precedent
for others and open the commission to
possible charges of favoritism. Official
policy should be adhered to and regulations
uniformly enforced.
Hold public hearings and meetings
The commission should, as part of its rules
and procedures, adopt a set format and
procedure for conducting its meetings.
Chapter 4 discusses meeting procedures in
more detail.
Assist in the preparation of a capital
improvements program (CIP) for the
community - A CIP establishes priorities for
new public facilities such as streets, parks,
water, sewer, and other services to be
provided by the jurisdiction. The CIP
enables the city or county to plan and
budget for future needs.
Make recommendations on possible
community boundary changes through
annexation or changes in the planning area.
Provide liaison with other governmental
units such as adjoining municipalities,
county or state agencies, other planning
commissions, and school boards.
5.1.3 Working with Other Public
Officials and Private
Organizations
In order to make its job easier, the commission
should have a good working relationship with the
planning staff, the council, board of supervisors,
the management staff, and the other departments
and agencies or boards involved in planning.
Commission/Staff Relationship If the
jurisdiction has a planning staff, the relationship
between the commission and the staff should be
clearly defined. Most often the planning director
is hired by the county or municipal manager
(chief administrator) with the approval of the
council or board. The council or board also sets
local policy and maintains budgetary control for
the jurisdiction. The manager or administrator is
responsible for policy implementation, programs,
and budget management. The commission
should not get involved in the administrative
details of policy implementation or day-to-day
management. This is the function of the staff. If
desired, commissions could request update
briefings on town business as an agenda item at
regular meetings.
The planning staff is usually responsible for
processing zoning and subdivision applications,
negotiating with applicants, overseeing
community development projects, advertising
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public hearings, conducting research studies,
preparing staff reports, making meeting
arrangements, taking commission minutes,
keeping records, and handling all other general
administrative duties. The planning staff is there
to assist by answering commissioners’ questions
or researching needed additional information.
Staff usually has extensive knowledge of planning
and zoning issues and diverse professional
experience. Open communication regarding roles
and expectations will ensure that each
commission and staff find the right balance for
working together efficiently.
Commission/Community Relationship An
important function of the commission is to
provide a forum for citizens to voice their
opinions and concerns about matters that the
commission is considering. Citizen participation
plays a vital role in projects like development of a
downtown or general plan. The appointment of
a committee comprised of community leaders as
part of a particular effort (such as a general plan
update) often helps to disseminate information,
provide community input and feedback, and gain
support for the project.
Commission/Elected Officials Relationship It
is important to remember that the commission is
an advisory body only. Its duty is to study,
review proposals, prepare plans and advise the
council or board on planning and development
matters. By making policy and project
recommendations, the commission provides
information and advice to the elected body,
citizens, and agencies that play a role in the
community’s development. By soliciting the
cooperation and input of the public and
organizations interested in projects under review,
the commission may gain credibility and support
from the elected officials. It also helps to provide
the elected officials with more than a yes or no
vote tally for the item in question. The staff can
provide the legislative body a summary of the
discussions and decisions of the commission. This
summary will highlight the findings of fact for
approval or denial by the commission. To be
most effective, a commission should have
periodic meetings with the governing body to set
goals, establish or clarify policies, and discuss
major development issues.
Commission/Municipal or County Attorney
Relationship The basic rule on legal matters
is: when in doubt about how to proceed legally,
get an opinion from the city or county attorney.
The jurisdiction’s attorney is there to protect and
advise the commission. When a controversial
issue is being considered which may lead to
litigation, counsel should be present and ready to
offer advice. The attorney and planning staff
should be a resource to the commission on state
planning and zoning legislation, new ordinances
adopted in other jurisdictions, and court decisions
that have a bearing on the operations and scope
of the commission’s duties and responsibilities.
Commission/Consultant Relationship
Sometimes a municipality or a county may have a
planning consultant to supplement the staff,
provide additional technical skills, or to analyze
issues and recommend how to deal with them. If
the community does not have a professional
planning staff, the commission may work closely
with the consultant.
Before preparing a request for qualification (RFQ)
or a request for proposals (RFP) to solicit
responses from different consulting firms, the
community must determine exactly what services
they want provided, how much they want to
spend, and what the final project or service
should be. The RFP should provide sufficient
information about the project that the consultant
can prepare a scope of work, schedule, and
tentative budget. The commission may solicit
assistance in RFP or RFQ preparation from the
Arizona Department of Commerce. A database of
professional consultants throughout the state is
also available on the Arizona Department of
Commerce website at www.azcommerce.com.
For more information on hiring a consultant,
please refer to Chapter 6.3.3.
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5.1.4 Becoming an Effective
Commission
Many commissions are overwhelmed by the work
facing them. The following are recommendations
to increase the group’s effectiveness:
Role Understand the limits of a
commissioner’s role and do not get involved
with the roles of others. Staff works with
the applicant and prepares a staff report for
the commission. A zoning administrator or
hearing officer is responsible for the
enforcement of the zoning ordinance. The
board of adjustment hears appeals from
these administrative actions.
Improve your Planning Knowledge There
are many courses, conferences, and special
workshops offering basic training for
commissions. The Arizona Department of
Commerce hosts an annual training conference
for planning and zoning commissioners, board
of adjustment members, elected officials and
staff, and conducts local training workshops
with individual boards and commissions; the
Arizona Planning Association hosts an annual
conference; and, there are many books,
videos, and web sites available on planning
and zoning issues.
Look Beyond the Meetings Attend
meetings of other planning commissions to
observe techniques for holding effective and
productive meetings. Invite staff from
adjacent municipalities, counties, the regional
planning agency, the League of Arizona Cities
and Towns, the Arizona Bar Association,
Arizona Attorney General’s Office, Arizona
Department of Commerce, and other state and
federal offices to update the commission on
new programs, projects, legislation, regulatory
devices, and recent court decisions affecting
planning.
Take Stock Get out in the community for
field trips before and after a project has been
completed. Evaluate the success of the project
vis-à-vis the commission’s recommendations
and expectations.
Annual Retreat Hold an annual meeting to
reflect on the commission’s performance and
take inventory of the community’s progress
and development. Revise goals, set objectives,
and prepare a work program for the upcoming
year. An honest evaluation should elicit
suggestions for changes and improvements.
Worksessions Informal worksessions prior
to a hearing are a good way to review a
comprehensive or controversial project.
Worksessions also allow ample time for staff or
the applicant to provide additional
information to address questions or concerns
raised by the commission.
Ways to Build a Better
Commission
Develop and adopt bylaws and procedures,
and stick to them.
Develop reliable information, data and
maps, and make them available to the
public.
Prepare and maintain a general plan; refer
to it and make decisions consistent with plan
policies and further its implementation.
Annually re-examine the progress of the
commission. Make recommendations for
improvements.
Prepare an annual work plan with strategies.
Participate in preparing the annual budget
or capital improvement program. Use the
general plan to help identify priorities.
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Meet periodically with elected officials to
exchange ideas and assess mutual objectives.
Consider a public forum every year or so to
ask residents how things are going and what
they want done.
Work with staff to fine-tune the format,
content, and timing of staff reports.
Attend seminars and read publications on
planning techniques and land use law that is
pertinent to the community.
Visit other commissions’ meetings to learn
what techniques are used to maintain a fair
and friendly process.
Appoint a commission representative to
attend regular legislative meetings as a
liaison.
Lobby for good planning.
Take time to orient new commissioners to
the job.
5.2 ROLE OF BOARD OF
ADJUSTMENT
Since it is impossible to draft a zoning ordinance
that will cover every conceivable combination of
circumstances, boards of adjustment were created
to provide a means to deal with unanticipated
hardships as they arise. A board of adjustment is
a quasi-judicial, not a policy-making body. The
board must interpret the meaning and spirit of
the zoning ordinance as enacted by the governing
body. It does not have the authority to make
law or change zoning law. Only the city council
or board of supervisors has this power and cannot
delegate it to the board of adjustment or to any
other body or official. When the board feels that
changes should be made in the zoning ordinance
or policies, it should recommend these changes to
the planning commission or to the elected body.
5.2.1 Legal Authority
Municipal Boards of Adjustment A.R.S. §
9-462.06 requires each city or town to
establish a board of adjustment and grants it
the authority to:
Hear and decide appeals in which it is alleged
there is an error in an order, requirement, or
decision made by the zoning administrator in
the enforcement of an adopted zoning
ordinance.
Hear and decide appeals for variances from
the terms of the zoning ordinance. Variances
may only be granted if, because of special
circumstances applicable to the property such
as its size, shape, topography, location, or
surroundings, the strict application of the
zoning ordinance will deprive such property of
privileges enjoyed by other property of the
same classification in the same zoning district.
Any variance granted is subject to conditions
to ensure that the adjustment authorized shall
not constitute a grant of special privileges
inconsistent with the limitations upon other
properties in the vicinity and zone in which
such property is located.
Reverse or affirm, wholly or partly, or modify
the order, requirement, or decision of the
zoning administrator appealed from, and
make such order, requirement, decision or
determination as necessary.
The statute also says that a board of adjustment
may not:
Make any changes in the uses permitted in any
zoning classification or zoning district, or make
any changes in the terms of the zoning
ordinance provided that this restriction shall
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Meet periodically with elected officials to
exchange ideas and assess mutual objectives.
Consider a public forum every year or so to
ask residents how things are going and what
they want done.
Work with staff to fine-tune the format,
content, and timing of staff reports.
Attend seminars and read publications on
planning techniques and land use law that is
pertinent to the community.
Visit other commissions’ meetings to learn
what techniques are used to maintain a fair
and friendly process.
Appoint a commission representative to
attend regular legislative meetings as a
liaison.
Lobby for good planning.
Take time to orient new commissioners to
the job.
5.2 ROLE OF BOARD OF
ADJUSTMENT
Since it is impossible to draft a zoning ordinance
that will cover every conceivable combination of
circumstances, boards of adjustment were created
to provide a means to deal with unanticipated
hardships as they arise. A board of adjustment is
a quasi-judicial, not a policy-making body. The
board must interpret the meaning and spirit of
the zoning ordinance as enacted by the governing
body. It does not have the authority to make
law or change zoning law. Only the city council
or board of supervisors has this power and cannot
delegate it to the board of adjustment or to any
other body or official. When the board feels that
changes should be made in the zoning ordinance
or policies, it should recommend these changes to
the planning commission or to the elected body.
5.2.1 Legal Authority
Municipal Boards of Adjustment A.R.S. §
9-462.06 requires each city or town to
establish a board of adjustment and grants it
the authority to:
Hear and decide appeals in which it is alleged
there is an error in an order, requirement, or
decision made by the zoning administrator in
the enforcement of an adopted zoning
ordinance.
Hear and decide appeals for variances from
the terms of the zoning ordinance. Variances
may only be granted if, because of special
circumstances applicable to the property such
as its size, shape, topography, location, or
surroundings, the strict application of the
zoning ordinance will deprive such property of
privileges enjoyed by other property of the
same classification in the same zoning district.
Any variance granted is subject to conditions
to ensure that the adjustment authorized shall
not constitute a grant of special privileges
inconsistent with the limitations upon other
properties in the vicinity and zone in which
such property is located.
Reverse or affirm, wholly or partly, or modify
the order, requirement, or decision of the
zoning administrator appealed from, and
make such order, requirement, decision or
determination as necessary.
The statute also says that a board of adjustment
may not:
Make any changes in the uses permitted in any
zoning classification or zoning district, or make
any changes in the terms of the zoning
ordinance provided that this restriction shall
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not affect the authority to grant variances
pursuant to this article.
Grant a variance if the special circumstance
applicable to the property is self-imposed by
the property owner.
A municipality may wish to require staggered
terms to ensure continuity of experience. The
ordinance may establish the city or town council
as the board of adjustment, but this can create
difficulties in process since the board’s quasi-
judicial role is different from the council’s
legislative role. State Statutes also grant authority
to create a hearing officer to hear and decide
adjustment applications, but there must be a right
of appeal from the decision of the hearing officer
to the board of adjustment.
County Boards of Adjustment Each county
may have a single board of adjustment or one
board for each supervisorial district in the county.
For consistency in interpretation and policies, it is
preferable that there be only one board.
County boards of adjustment are granted powers
in A.R.S. § 11-807 to:
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 officers, or when the
location of a district boundary is in doubt.
Allow a variance from the terms of the
ordinance when, owing to peculiar conditions,
a strict interpretation would cause an
unnecessary hardship, if in granting such
variance the general intent and purpose of the
zoning ordinance will be preserved.
Although criteria for variances are vague in the
statutes, case law indicates that the criteria for
counties to grant variances are substantially the
same as in municipalities.
5.2.2 Responsibilities
A board of adjustment has only those powers that
are delegated to it by state law, but these powers
may be detailed in individual zoning ordinances.
The board’s responsibilities typically include the
following:
Review Actions of the Administrative
Officer Even with the most careful drafting
of a zoning ordinance, unforeseen
complications can arise. Zoning ordinances
are often long and complex, and even with an
experienced and well-trained enforcement
officer or zoning administrator, disagreement
regarding interpretations could occur. To
reduce error and ensure consistency, the
zoning official (staff person responsible for
enforcement of the zoning code) should be
more familiar with the zoning ordinance than
anyone else. He or she should base
interpretations on the community’s planning
and development policies, the general or
comprehensive plan, and current applicable
case law.
If the applicant thinks the administrative
official is wrong, he or she can file an appeal
to the board of adjustment that has the power
to hear and decide appeals. When reviewing
the actions of an administrative official and
interpreting the ordinance, the board should
1) determine the facts of the case, and 2)
apply what it conceives to be the meaning of
the ordinance to these facts.
Reverse, Affirm, or Modify a Decision The
board has authority to reverse, affirm, or modify
the decision of the zoning administrator.
Grant Variances Variances are described in
detail in the next chapter subsection.
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5.2.2.1 Variances
Zoning law should apply uniformly to everyone.
However, the application of general regulations
to all building and land use situations may not fit
because of unique or other special circumstances.
By granting variances, or exceptions from the
terms of the ordinance, the board of adjustment
can provide flexibility so that a property owner
will not be unfairly deprived of the use of their
property. In this way, the provision of a variance
insulates the zoning ordinance from constitutional
attack by relieving a particular landowner from
unique hardship because his or her parcel is
different from others in size, shape, topography,
or location.
A variance is appropriate only to bring the
applicant to parity with other owners in the zone
and not to give applicants an advantage over
their neighbors. For example, a lot may be so
shallow relative to other lots in the
neighborhood, such that there is insufficient
space to build a house and provide the required
front and rear yard setbacks. In this case, the
board of adjustment may grant a variance
allowing the property owner to develop the lot
with a rear yard having a lesser depth than that
required by the zoning ordinance.
In evaluating whether a variance is warranted,
board members should consider
A variance may be warranted if the property
in question is associated with special
circumstances that are inherent to the lot –
such as its size, shape, topography, location,
or surroundings – that deprive the property
of privileges enjoyed by other property of
the same classification in the same zoning
district.
A variance may be granted if its
authorization is necessary to ensure the
preservation of privileges and rights enjoyed
by other property of the same classification
in the same zoning district, without
constituting a grant of special privileges
inconsistent with the limitations upon other
properties in the vicinity and zone in which
the subject property is located.
The special circumstances applicable to the
property may not be self-imposed or created
by the owner or applicant in order to
receive a variance.
The granting of a variance should not be
materially detrimental to persons residing or
working in the vicinity, to adjacent property,
to the neighborhood, or to the public
welfare in general.
Limitations on Granting Variances The
variance is often viewed as a device permitting
the flexible exercise of discretion to approve
projects felt to be desirable even if they don’t
meet the strict letter of the zoning law. The
benefits, attractiveness, or social desirability of a
project are irrelevant, however, to the variance
issue. The special circumstances and hardships
justifying a variance must apply to the property,
not to the applicant. The needs of the applicants
or the economic hardship to them do not legally
justify a variance. Sometimes, board members
have to make difficult decisions when a personal
hardship comprises the applicant’s argument for a
variance, and the criteria for the variance don’t
fit. However, it is the quasi-judicial responsibility
of the board to ensure that the law is applied to
all owners in a zoning classification equally, and
that special conditions are not granted to one
owner based on personal – rather than property –
considerations.
Variances should be granted sparingly. If a board
finds itself granting variances frequently or
hearing many similar cases, it may be an
indication that the zoning ordinance needs to be
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reviewed or the board should reevaluate its
policies.
Hypothetical Case
Examples or case studies are often helpful in
illustrating the intent of the law. Here is a
hypothetical case regarding an application for
variance:
Joan Benefactor, who consistently
makes large charitable contributions
to your town, wants to build her
dream home on a lot she recently
purchased in the most exclusive
residential neighborhood in your
community. This neighborhood was
almost entirely built-out in the 1940’s
and 50’s except for a few remaining
vacant lots. A new zoning ordinance
was adopted for your town in the
early 1970’s that changed the setback
requirements and height limit
applicable to Joan Benefactor’s
neighborhood. Approximately 60%
of the existing older homes do not
conform to the new setback and
height restrictions.
Joan Benefactor wants a variance so
that she can build in conformance
with the old setback requirements as
60% of her neighbors did. Joan
Benefactor also wants a height
variance so that she can have
additional sleeping quarters for the
many orphans she cares for. The
following issues arise at the board of
adjustment hearing:
Assuming Joan’s lot and her
neighbor’s lots are similar, can
the setback variance be granted?
Will the fact that Joan is
performing a tremendous public
service justify the height variance?
The answer to both of those questions is no. As
required by statute and case law the unique
circumstances required for a variance must apply
to the lot itself. If Joan Benefactor’s lot is similar
to her neighbor’s lots and hers qualifies for
variance, then so would her neighbor’s. If
everyone were entitled to build in a fashion
similar to what their neighbors had built under
previous zoning, rezonings would be completely
ineffective.
The purpose of such rezonings is to gradually
bring neighborhoods into compliance with new
criteria. In this case, Joan Benefactor’s house and
all other building on the remaining vacant lots
must comply with current criteria to gradually be
brought into compliance as they redevelop.
As to the public service that Joan is doing, there is
no unique circumstance applicable to the lot that
justifies the height variance. Case law specifically
rejects the “social benefit” argument as support
for the grant of a variance. A variance is
designed to bring substantial parity to an
applicant, not to grant special privileges to
applicants, even if they make significant
contributions to the community.
5.2.3
Findings and Decision-Making
Findings are a statement by the board of the
evidence and reasoning it used to arrive at a
decision. Given the board’s quasi-judicial status,
it is particularly important to consider the basis
and documentation of findings. One of the most
common reasons the courts overrule board
decisions is that the board has failed to prepare
findings.
Findings are necessary to:
3 Facilitate judicial review
3 Ensure careful deliberation and accurate
decisions
3 Assist the parties in preparing for review
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No particular form is required for findings. They
can be discussed at length or adopted upon the
motion of a member of the board. They can be
drafted by a member, by staff, or by one of the
parties. Findings should contain the following:
Identity of the parties, property, and
relief requested. This will ensure that
everyone has reached a decision on the
same subject.
List the witnesses, documents, and
exhibits relied upon. Use only evidence
that was introduced at the hearing.
Personal knowledge may be used if others
commonly share that knowledge in the
community. Knowledge that is not widely
shared may be used if it is announced at the
public meeting and the parties are given an
opportunity to rebut it (see also the
discussion on ex parte contacts in Section
5.3.5.
Identify the standards established by
ordinance for the action requested by
the applicant.
Explain, fact by fact, why the evidence
does or does not establish that the
standard has been met. Try not to leave
out any facts. Even if the court disagrees
with the judgment, it is likely to uphold the
decision if it feels that the evidence was
thoroughly examined and evaluated based
on established criteria such as an existing
ordinance.
If the relief is granted, describe it clearly
with any attached conditions. This is
valuable for the parties and staff. If the
proceedings are recorded (such as with
minutes), the findings don’t have to be
written down; that can be done later.
Written findings can be prepared after a
decision is made and adopted at the next
meeting.
Findings are important in helping the public
understand why the board reached the decision it
did. Even if members of the public disagree with
a board decision, they may not become as upset
or angry if they understand the reasoning that led
to a decision.
5.2.4
Appeal Procedures
Appeals to the board of adjustment may be
requested by any person aggrieved or by any
officer, board, or department of the municipality
or county affected by a decision of the zoning
administrator. An individual who wants to appeal
to the board of adjustment must file a notice of
appeal with the zoning administrator and with
the board specifying the grounds of the appeal,
within a reasonable time of the initial decision.
The process through which the board of
adjustment reviews and decides appeals includes
the following steps:
Action of Administrative Officer.
Although interpretations, and appeals for
variances may be made directly to the board
of adjustment, most appeals are made to
the board after the administrative official
has taken some official action as provided
for in the zoning ordinance. An appeal may
result from the official’s refusal to grant a
permit, or upon a citation of a zoning
violation.
Transfer of Materials to Board. After the
notice of appeal is received, the
administrative officer transmits the complete
record of the action that is being appealed
to the board of adjustment.
Stay of Proceedings. An appeal stays all
proceedings in the matter appealed unless
the zoning administrator certifies to the
board that, in his or her opinion by the facts
stated in the certificate, a stay would cause
imminent peril to life or property.
Proceedings shall then be stayed, unless a
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restraining order is granted by the board or
by a court of record on application and
notice to the zoning administrator.
Public Hearing. The board of adjustment
must hold a public hearing on all appeals,
within a reasonable time. Many Arizona
communities specify that the hearing must
be held within 30 days after the appeal is
filed. Notice of the hearing must be
provided by both publication in a
newspaper of general circulation in
accordance with A.R.S. § 9-462.04 and
posted in conspicuous places close to the
property affected (see discussion of Open
Meeting Law in Chapter 4). The statutes
should be consulted to ensure that the
community’s public notice procedures
comply with statutory requirements.
Decision. The board may decide to grant,
modify, or deny any appeal. The board
may also defer action on any appeal when it
decides that additional evidence is needed
or that alternative solutions need further
study.
Appeal to the Courts Although the board of
adjustment is a quasi-judicial body specifically
established to handle appeals in connection with
the zoning ordinance, it is not a court of last
resort. Within 30 days after the board has made
a decision and has filed this decision, a person
aggrieved by the decision or a municipal officer
may file a complaint for special action in the
Superior Court for review of the board’s decision.
(Note: cities with populations over 100,000 first
send appeals to the city council and then, if
appealed again, to the Superior Court) Filing the
complaint does not stay proceedings on the
decision appealed. The Court may, however,
grant a stay upon application and on final hearing
may affirm or reverse, in whole or in part, or
modify the decision reviewed.
In appeals to Superior Court from municipal
boards of adjustment, the Court reviews the
record of proceedings before the board to
determine if there was a manifest error. In other
words, the decision-making process is reviewed
for errors rather than the merits of the decision
itself. An appeal from a county board of
adjustment is a trial de novo in Superior Court.
“De novo” means “anew” or “once more”, and
means that the judge will hear the case
arguments again and decide the matter
independently of the board’s decision.
Appeal to the Legislative Body In 1988, the
Arizona Legislature amended A.R.S. § 9-462-06
providing for appeals from a decision by the
municipal board of adjustment to the city council.
The legislation only affects municipalities with
populations over 100,000 and states that:
…a person aggrieved by a decision
of the board or a taxpayer, officer
or department of the municipality
affected by a decision of the board
may file, at any time within fifteen
days after the board has rendered
its decision, an appeal with the clerk
of the legislative body. The
legislative body shall hear the
appeal in accordance with
procedures adopted by the
legislative body and may affirm or
reverse, in whole or in part, or
modify the board’s decision.
It should be emphasized that this text does not
represent a substitution for the counsel,
guidance or opinion of the city or county
attorney, who should be consulted for an
interpretation of the law as applied to any
given set of facts.
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5.3 RULES AND PROCEDURES
The process and protocols used by commissions
and boards may be based on statutory
requirements, local ordinances, or good practice.
This section addresses several key areas of rules
and procedures and applies to both commissions
and boards of adjustment. Overall, it is suggested
that boards and commissions develop and adopt
a set of bylaws to guide the conduct of the group,
so long as it does not create conflict with existing
statutes or ordinances.
5.3.1
Meetings and Records
Arizona’s Open Meeting Law sets the parameters
for noticing, conducting, and recording public
meetings. Please refer to Chapter 4 for more
detailed information. Boards and commissions
are required to keep minutes of the proceedings
that record the vote of each member, records of
its examinations, and other official actions. These
minutes and records are public and must be
available on a timely basis. Accuracy and
sufficient detail are important since these records
will constitute the major evidence in any
litigation, a particular consideration for board of
adjustment decisions that may be appealed to
Superior Court.
5.3.2
Due Process
When reviewing planning and zoning cases, the
courts focus on “due process”, or the protection
of an individual’s rights and property. In legal
disputes, procedural due process is often an area
of controversy. Legal requirements for due
process include:
Adequate Notice: Published notice of all
meetings that meet the requirements of the
Arizona Statutes, including frequency and
location of notice. Staff is responsible for
this activity.
Advance Disclosure/Full Disclosure:
Convenient public access to all pertinent
information such as exhibits, studies, and
staff reports, well in advance of the meeting
date.
Opportunity to be Heard: Opportunity for
favorable or opposing public comment
before the commission, board, or council
makes a decision.
Findings of Fact: Staff reports, exhibits, and
proceedings from public meetings should be
documented in official minutes. Decisions
and actions should be based on relevant,
factual information and refer to policies,
ordinances, and plans as appropriate. The
action a commission or board takes should
be based on specific reasons relating to the
zoning ordinance or general plan and
should be detailed in the record. (This is
not a legal requirement in Arizona, although
it is required in other states.)
Avoid the Appearance of Impropriety:
According to the State’s Conflict of Interest
Law A.R.S. § 38-501(A):
any public official or employee who
has, or whose relative has, a substantial
interest in any decision or a public
agency must make this interest known
on public records, and must refrain
from discussing or influencing the
decision in any way.
It is illegal to fail to declare a substantial conflict
of interest, or to participate in any way in
decision-making if there is a conflict. See Section
5.3.4 for additional discussion on conflicts of
interest.
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5.3.3 Code of Conduct
In addition to rules and procedures for operation,
a code of conduct may be agreed upon and
incorporated as part of the official bylaws.
Guidelines for appropriate conduct might include
the following:
. . . .Avoid public charges of conflict of interest
by dealing with them upfront. Seek
advice from the jurisdiction’s attorney
when there is uncertainty.
. . . .Gifts of cash, liquor, company products,
or anything of value should be declined or
returned to the sender. Public officials
should not accept trips or entertainment
paid for by applicants.
. . . .Don’t string people along. Make
decisions promptly. If a proposal needs
modification before approval, the
commission has an obligation to be
specific about what it wants, to avoid
unnecessary delays and expenses to the
applicant. If the basis for making a
decision on a case is lacking because, for
example, the applicant is unprepared, the
project is premature, the proposal requires
passage of an ordinance first, or there are
conflicts with the general or
comprehensive plan, deny the application
rather than stringing the applicant along.
When should a commissioner or board member
resign? Individual motives differ for serving in an
unpaid job involving long hours, hard work, and
lots of pressure. Effective public officials are
honest, objective, and conscientious. They are
not swayed, manipulated, or pressured into
backing down from their convictions. A
commissioner or board member should resign
when he or she feels ineffective or ceases to work
for the best, long-term interests of the
community. Some communities also set limits on
how many terms can be served.
5.3.4 Conflicts of Interest
There are specific legal definitions of conflict of
interest, which typically relate to a public official
having a direct or indirect financial interest in the
outcome of a decision that he or she influences.
The best advice for a commissioner or board
member who is considering whether a conflict
exists is to discuss the matter with the
jurisdiction’s attorney. If it is determined that a
conflict of interest does exist for a particular case,
the commissioner or board member must disclose
the conflict and should not participate in the
discussion or vote for the case. It is recommended
that the individual with a conflict actually leave
the room, so that there is no question that he or
she is not influencing the discussion through body
language or his or her presence generally. To
ensure that due process occurs – that individuals
receive the fair hearing from impartial public
officials that they are entitled to – conflicts of
interest must be handled in an appropriate
manner.
If the attorney advises that a legal conflict does
not exist in a particular case, it may be that the
commissioner or board member still feels
uncomfortable. Certainly, the public may
perceive a conflict exists even if, legally, it does
not. In these situations, it is suggested that the
commissioner or board member disclose his or
her concern to the group before discussion of the
item. Public officials may still opt to recuse
themselves from the discussion of an item based
on the perception of a conflict or personal
ambiguity over the correct course of action.
Another option is to ask the group to make the
determination as to whether the individual should
be excused from the discussion of the item.
Some boards and commissions have established a
process for dealing with potential conflicts of
interest in their bylaws. This makes it easier for an
individual to know what to do if there is a
potential conflict. To do this, the group may want
to have a worksession with staff and the
jurisdiction’s attorney to discuss the legal aspects
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of conflict of interest and the best process to
establish. It may be easier to discuss these issues
in the abstract and in advance of a specific
incident.
5.3.5 Ex Parte Contacts
Ex parte contacts are defined as those made
“from or on one side only” and are made without
notice to, or knowledge of, others involved in the
matter under discussion. An example of an ex
parte contact for a commissioner is a
communication from an applicant to a public
official one-on-one without a public forum. This
could include telephone calls, informal meetings,
lunches, or even a casual encounter on a street
corner. Such contacts may be a source of
pertinent information not otherwise available, but
the key concerns are 1) that these
communications might influence one individual’s
decision-making before deliberations begin, and
2) that the entire group would not be making
their decision based on the same information.
Since a board of adjustment is a quasi-judicial
body, members should be especially careful of ex
parte contacts, to avoid being influenced outside
the public forum and without the benefit of
hearing all sides of an issue.
The law on the subject indicates that boards and
commissions are not prohibited from ex parte
contacts but such communication must be
disclosed for the record at the hearing to enable
interested parties to hear and rebut the substance
of the communications. If not made part of the
records, an ex parte contact may provide the
grounds for voiding a board of adjustment
decision. The following guidelines should be
considered in dealing with ex parte contacts:
. . . .If someone contacts a board member or
commissioner to discuss a matter currently
or soon to come before the board, refrain
from stating your position and invite the
person to present testimony before the
entire group.
. . . .Written information on a pending action
should be sent to staff for review and
possible inclusion in the board packets. If
approached by someone who wants to
discuss a case, suggest the person write a
letter stating his or her position or send
additional materials to staff so that it can
be distributed to the entire group.
. . . .If someone persists in offering
information but is unwilling to testify
before the group, tell the person the
information will be put on the record. If
the person is unwilling to have the
information placed on the record, then
refuse to have further contact with him or
her on the subject.
Don’t take private field trips or tours with
applicants or their representatives. It is best to
announce the time and place for such field trips
at a public meeting where it can be recorded in
the minutes and interested parties may attend. It
is best if the entire board can make field trips, but
at least three members should go as a
subcommittee appointed by the chair.
(Remember that noticing or other Open Meeting
Law requirements will apply if a quorum of the
group will be attending the site visit.) It is usually
a good idea to take a field trip or visit a site; in
fact, these types of site visits can be extremely
help in evaluating a proposal.
How to handle ex parte contacts is another topic
that a board or commission may opt to address in
bylaws. Some communities prohibit ex parte
contacts, and others lay out a suggested process
for responding to them. However the group
decides to approach the issue, written procedures
will help new members become oriented and will
clarify the situation for all members in the event
of a problem. Again, it is suggested that any
policy on ex parte contacts be drafted with the
assistance and input of staff and the jurisdiction’s
attorney.
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5.4 ROLE OF THE COUNCIL OR
BOARD OF SUPERVISORS
ON PLANNING AND ZONING
ISSUES
The elected body in the jurisdiction has the
authority to make the final decisions on planning
and zoning issues. The council or board of
supervisors is responsible for adopting the
general/comprehensive plan and ordinances, as
well as approving plan amendments and
development proposals. This body is also
responsible for adopting the jurisdiction’s capital
improvements plan and budget, which are often
key to how and whether planning efforts will be
implemented. Councils and boards also appoint
other public officials and oversee the activities of
the boards and commissions to ensure that the
public’s interest is being served.
The planning commission is advisory to the
council or board. The commission may also make
recommendations on planning and land use
policy or changes to existing ordinances. It is
recommended that commissions meet with the
elected body on an occasional basis, to promote
philosophical consensus between the two groups
and to keep the elected officials up-to-date on
recent planning issues, with which commissioners
are often more intimately familiar.
Boards of adjustment are different from
commissions in that their function is more quasi-
judicial than legislative or advisory. However,
boards would also benefit from sessions with the
elected officials and/or the commission to discuss
the community’s process and progress on
planning issues. In addition, the board may
submit recommendations to the commission to
reevaluate ordinances or plans in response to
recurring cases or other concerns raised in board
hearings.
The city, town, or county manager is hired by the
elected officials to manage the administrative
functions of the jurisdiction. The manager works
with all the department heads (including planning
or community development) and serves as the
key liaison to the council or board. The manager
often advises the elected and appointed officials
and prepares the budget, and is generally
charged with implementing the policies adopted
by the council or board.
5.5 OTHER COMMISSIONS AND
BOARDS
Jurisdictions may opt to convene other
commission and boards to focus on key issues in
a community. The elected body would be
responsible for appointing members and
determining the scope and mission of the new
group. Members of planning commissions and
boards of adjustment should have a clear
understanding of the role of other groups whose
actions may overlap with their normal functions
(and vice versa), to allow for better
communication and efficiency in working
together. Economic development and design
review are two of the most common issues to
warrant a focused group, and are discussed
briefly below.
5.5.1 Economic Development
Commissions
Economic development commissions may be
formed to bring together the various interest
groups to support economic development efforts
in the community. Ties to planning issues may
include available land for development, sufficient
zoning for industrial or commercial uses, and the
provision of infrastructure in a timely and cost-
efficient manner. Some communities opt to
include an economic development element in
their general plans to ensure that land use,
infrastructure, and economic development goals
are mutually supportive. The mission for an
economic development commission may be
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outlined differently in each community, but this
group can provide valuable input to the
general/comprehensive plan process or
discussions of ordinance updates.
5.5.2 Design Review Boards
A design review board typically would be charged
with providing direction and recommendations to
ensure aesthetically pleasing or desirable projects.
Adopted design guidelines are typically the key
tool used by the board to determine
“aesthetically pleasing or desirable”. These
guidelines are developed in a participatory
manner to facilitate the implementation of
community plan goals and objectives (such as
downtown or neighborhood revitalization,
historic preservation, or landscaping
improvements). The board provides a mechanism
for ensuring that proposed projects comply with
the established design standards and guidelines.
Design review hearings occur in public forums
that are subject to the Open Meeting Law, and
would supplement the review of plans conducted
by planning commissions.
5.6 WORKING EFFECTIVELY AS A
GROUP
Commissioners and board members, especially
new ones, need to know how to be effective
group members. To work effectively, the group
must be well organized and interact
cooperatively. Organization and high morale
contribute to group productivity, a sense of well-
being, and the capacity to make well-informed,
comprehensive decisions.
Three standards to measure a good work group
are:
Effectiveness: Does the commission
function as a deliberative study committee
providing informed advice to the elected
body? Does the board/commission debate
excessively without properly evaluating the
issues placed before it? Is the group “fact
finding” for the decision at hand?
Continuity: Are recommendations based
on established policy, ordinances, and the
general plan, or does the group “fly by the
seat of its pants” on each new agenda item?
An effective board/commission has
direction, and each of its decisions is linked
to fundamental principles.
Capacity for improvement: As conditions
change and new demands are made on the
group, it must be able to adapt and respond
to change. A particular challenge to
commissions, for example, is the emergence
of alternative lifestyles such as group homes,
hospice centers, etc. A commissioner may
find these lifestyles strange, but must
consider them with care and sensitivity, and
not let personal feelings interfere with fair
and objective decision-making.
Long rambling meetings and the habitual
continuance of agenda items diminish motivation
and sense of purpose. A dysfunctional
commission or board might have these
symptoms:
Loss of spirit: Due to a lack of direction,
loss of support from elected officials, poor
relations with staff, a hostile public, the
group may become apathetic or
disillusioned.
Poor attitudes: Absenteeism,
disorganization, and lack of leadership
contribute to the disintegration of the group.
Structural disorganization: Lack of
cooperation within the group may be so
disruptive that it becomes ineffective and
often unable to reach agreement.
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Leadership The chair is responsible for
providing leadership, being a liaison to the
elected body, directing staff interaction,
maintaining morale, and assuring the effective
performance of the commission’s duties.
Sometimes the elected officials select the chair,
and sometimes the job is rotated within the
group. The commissioner selected as chair should
have the following qualities:
Strength of Character: ensure that
meetings are fair and friendly, and are run
by the rules in the face of opposition,
competing viewpoints, and intense
emotions.
Fairness: allow members of the public an
opportunity to be heard, even if they
represent unpopular views.
Ability to concentrate on the issue:
review and summarize information, and
identify the issue in order to keep the
meeting on track.
Mediation skills: have the patience and
commitment needed to seek fair and
reasonable compromises and find common
ground before calling for a possibly decisive
vote.
Decision-Making Group decisions are often
reached by polling the members under majority-
rules voting procedures. The minority must be
made to feel that they have been given fair
treatment and that their views are respected.
Some groups take the time to reach a consensus,
feeling that compromise is important. A more
reasonable (in some cases where consensus is
difficult) approach is to vote by roll call, and
allow each person to state the basis for his or her
decision, whether that means citing the motion or
staff report, or stating reasons for a minority
view.
Common examples of poor decision-making
include:
Scatterbrainstorming: Every time someone
offers an idea, someone else offers another
before the first one is discussed. The result
is confusion. This process reduces the
initiative of participants and dilutes the
effectiveness of the discussion.
Looking to authority: Commissions or
boards that make decisions based only on
staff recommendations, or in response to the
wishes of the governing body, avoid
responsibility and serve no real purpose.
Railroading: Group members who force
decisions without the consent of the
majority, by making a motion and pushing it
through before discussing the issues,
sabotage the credibility of the group.
Short-term outlook: making decisions that
benefit only the landowner or a few
residents versus the community at large over
the long-term.
5.6.1 Orientation for New Members
Relatively few of the people appointed to
commissions or boards have a professional
planning background, or the full range of
technical skills necessary to review the
development proposals and complex issues that
come before them. Yet very few communities
have developed orientation or education
programs for new public officials. Although
planning experience is absolutely not required for
commissioners or board members, an open mind,
interest in planning issues, and a willingness to
learn and listen to a variety of opinions are. Still,
the development application process, planning
terminology, and other key knowledge areas may
be confusing to new members. Staff or fellow
members in a variety of ways could provide an
orientation to community planning.
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Conducting annual worksessions for all
members to review processes or to discuss
local planning issues
Establishing orientation visits for new
members with the planning staff to
understand the purpose of the
general/comprehensive plan and zoning
code
Requesting attendance at several hearings
before appointment to the group
Conducting a study session for new
members with a planner to review the
contents of a staff report and how to read a
site plan
Compiling a packet of information and
guidance for the new member to review,
including bylaws, this handbook, interesting
articles from the Planning Commissioners’
Journal (see www.plannersweb.com for
subscription information), etc.
Establishing a citizen’s academy. These have
been used successfully in several Arizona
communities in educating people on
municipal organization, state laws, and
planning issues – these programs are often a
source of well-prepared new public officials
Topics that should be covered in a new member
orientation (or reviewed as a group) include
discussion of staff recommendations and reports,
how to request information from staff or ask
questions, and the jurisdiction’s development
policies. It is important that the line of authority
between staff, chief administrator or city/county
manager, legislative body, and commission/board
is clearly understood. The chair or vice-chair may
brief new members on the rules and procedures.
Matching new members with experienced
members in a “buddy system” enables the new
appointee to learn, feel a part of the group, and
gain confidence in their new role more quickly.
Some key questions that new (or veteran)
members should consider include:
How do the commissioners/board
members work together?
What role does the chair play?
Is it a formal or informal atmosphere?
Do the group members talk to each
other, or mostly to staff?
How do they arrive at decisions?
How does the discussion lead to
changes in the project or stipulations
that are part of the motion?
Do they question staff, applicants, or
other people testifying?
What happens when a hearing is
closed?
How are motions made?
Finally, there are the “tools of the trade” for
commissions and boards that should be
distributed to each commissioner or member.
Particularly with new members, staff should
clarify the purpose and how to use each of the
following “tools”:
?
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The general or comprehensive plan with all
amendments, including a statement of
community goals and issues relating to
planning and development
Copies of planning reports and related
studies
A legible, easy-to-use base map
Copies of regulatory ordinances (zoning,
subdivision, sign, design, etc.)
The planning agency’s work program for the
year
An executive summary of the annual budget
or capital improvement program (CIP)
The board/commission’s bylaws and written
procedures
Copies of regional or state policies or
programs to which they may be expected to
refer on occasion
Copies of any current agreements the
planning agency has with other agencies or
with consultants
Copies of the rules, regulations, and forms
that applicants must comply with in order to
obtain permits
A list of all the available planning resources
A flow chart of how typical projects make
their way through the different boards,
commissions, and legislative body
&
Planning
Zoning
HANDBOOK
HANDBOOK
C
H
A
P
T
E
R
6
THE MUNICIPAL
GENERAL PLAN
58
CHAPTER 6
THE MUNICIPAL
GENERAL PLAN
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Local government planning in Arizona (as in most other states) is carried
out through specific powers and authority delegated to the local
governments from the State by planning enabling legislation. Urban
planning has occurred in Arizona since at least the 1920’s under enabling
legislation that was modeled on the Standard Planning and Zoning
Enabling Acts, which were developed by the U.S. Department of
Commerce in the 1920’s. In August 1973, the Urban Environment
Management Act was passed and specifically authorized cities and towns
to prepare general plans. Enabling legislation for counties has developed
in a more piecemeal manner. Growing Smarter and Growing Smarter Plus
legislation, passed in 1998 and 2000 respectively, significantly changed
the requirements to amend and prepare a general or comprehensive plan.
The plan-making process is first described for municipalities in the
following sections. Portions of this discussion are referenced in the next
chapter covering county planning because, despite differences in enabling
laws, the process is largely the same for city, town, or county.
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6.1 FUNCTIONS OF THE PLAN
Arizona law refers to municipal plans as general
plans and to county plans as comprehensive
plans. The plan contains a community’s goals
and policies on development, its aspirations for
the future, strategies for implementation to
achieve future goals, and a proposed map of the
jurisdiction that typically includes land use,
transportation, and public facilities and services.
Growing Smarter/Plus legislation requires the
inclusion of elements to address areas such as
open space, environmental planning, growth
areas, cost of development, and water resources.
Communities may opt to include additional
elements to address issues of local significance,
such as an economic development element.
(Elements are covered in more detail in Section
6.2.)
The Plan as a Statement of Policy As a
statement of policy, the plan serves as a guide to
elected bodies responsible for adopting land use
controls and to the courts that must judge their
fairness and reasonableness. Throughout the
planning process, conflicts among the goals of
competing interest groups must be resolved to
adequately represent the community as a whole;
yet goals and objectives must be measurable and
specific enough to be implementable. This
requires an effective public participation program
to gain community support for the final plan
goals, objectives, and policies. Policy outlined in
the plan can provide stability and consistency
through political and administrative changes.
The Plan as Part of a Process Planning is a
continual process. No plan can be the “last
word” on a community’s future development. A
single planning document cannot provide
solutions to all the economic and social problems
facing a changing community. Conditions,
resources, and goals could change, making it
necessary to amend the plan.
An important purpose of developing a plan is to
work through the process – to create a basis for
continuing activity designed to produce the best
possible decisions about the community’s future.
Planning processes should be participatory, and
provide the opportunity to bring the public and
other stakeholders into a common forum to talk
about a community vision and goals.
The essence of the plan is that it is a
statement of policy, and an
expression of community intentions
and aspirations.
An effective process will ensure that the plan is an
accurate and complete summary of the
community’s vision at a particular time, and the
stakeholders will be familiar with and supportive
of its goals due to their participation.
Policy as Strategy The plan will contain
policies on land use, transportation, public
services, housing, environmental or resource
conservation, and whatever else is important in
the community. These policies should support
the community’s overall development goals and
their priority. In growing cities, policy may be
directed to maintaining, stimulating, or managing
new development, or to controlling the location
and type of development occurring. In cities with
stable or declining populations, policy may focus
on infill development, effective use of public
resources, and maintenance of existing facilities
and services. Large cities, and counties with
substantial regional differences, may prepare
their plan incrementally. Another benefit to
planning is to coordinate policy and priorities
among the various elements (such as land use,
circulation, etc.) so that decisions made by
different government entities are mutually
supportive and not conflicting.
The Plan as a Guide to Decision-Making
Clear, concise policies provide the means for
implementing the general plan. A capital
improvements program (CIP) and municipal or
county budget provide the schedule and
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resources for the jurisdiction’s part in
accomplishing these goals. The most common
way in which the land use element of the plan is
used for decision-making is through the zoning
process. The zoning map and proposed land use
map are graphic depictions of land use policy.
Subdivision regulations, like the zoning
ordinance, also should be designed and
administered in accordance with the development
policies outlined in the plan.
6.2 LEGAL REQUIREMENTS FOR
THE GENERAL PLAN
By law, the plan should be developed, updated,
or readopted at least every ten years. A.R.S. § 9-
461.05 contains the requirements for municipal
general plans, and states:
Each planning agency shall prepare and the
legislative body of each municipality shall
adopt a comprehensive, long-range general
plan for the development of the municipality.
The planning agency shall coordinate the
production of its general plan with the
creation of the state land department
conceptual land use plans under title 37,
chapter 2, article 5.1 and shall cooperate with
the state land department regarding
integrating the conceptual state land use plans
into the municipality's general land use plan.
The general plan shall include provisions that
identify changes or modifications to the plan
that constitute amendments and major
amendments. The plan shall be adopted and
readopted in the manner prescribed by
Section 9-461.06.
The general plan shall be so prepared that all
or individual elements of it may be adopted
by the legislative body and that it may be
made applicable to all or part of the territory
of the municipality.
The general plan shall consist of a statement of
community goals and development policies. It
shall include maps, any necessary diagrams
and text setting forth objectives, principles,
standards and plan proposals.
The statutes also describe the contents for each of
the required elements, which are summarized in
the sections below. Appendix E is a flow chart of
the required general plan elements relative to
population size and growth rate.
6.2.1 General Plan Elements for All
Communities
The statutes require that each municipal plan
include land use and circulation elements with
certain components.
Land Use Element This element is typically
the basis for the remainder of the plan, and
would include a planned land use map. The
statutes require that the land use element:
Designates the proposed general distribution,
location, and extent of such land uses as
housing, business, industry, agriculture,
recreation, education, public buildings and
grounds, open space, and such other
categories of public and private uses of land as
may be appropriate to the municipality
Include a statement of the standards of
population density and building intensity
recommended for the various land use
categories covered by the plan
Include consideration of access to incident
solar energy for all general categories of land
use
Include policies to address maintaining a
broad variety of land uses including the range
of uses existing in the municipality when the
plan is adopted, readopted, or amended
For cities and towns with territory in the
vicinity of a military airport (as defined by
A.R.S. § 28-8461), include consideration of
military airport operations
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For large and fast growing municipalities, the
general plan must be ratified by a vote of the
public to become effective. (See page 31
under “Ratification” heading.)
Circulation Element This element should
include the general location and extent of existing
and proposed freeways, arterial and collector
streets, bicycle routes, jogging paths, and any
other modes of transportation as may be
appropriate, all correlated with the land use
element of the plan.
6.2.2 General Plan Elements for Large
and Fast Growing Communities
The following elements are required for all
communities with populations greater than
10,000, and communities with populations
between 2,500 and 10,000 AND a population
growth rate that exceeded an average of 2% for
the previous ten-year period. In calculating
population totals and growth rates, the statutes
direct communities to use the most recent U.S.
decennial census.
Open Space Element This element addresses
open space and recreational resources in the
community, and typically is closely tied to the
land use element. State Statutes require the
following be included in this element:
A comprehensive inventory of open space
areas, recreational resources, and designations
of access points to open space areas and
resources
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
Policies and implementation strategies
designed to promote a regional system of
integrated open space and recreational
resources, and consideration of any existing
regional open space plans
Growth Area Element This element should
also be closely tied to the land use element, and
is intended to identify 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 land uses. The
statutes direct that this element should include
policies and implementation strategies that are
designed to:
Make automobile, transit and other
multimodal circulation more efficient, make
infrastructure expansion more economical,
and provide for a rational pattern of land
development
Conserve significant natural resources and
open space areas in the growth area and
coordinate their location to similar areas
outside the growth area's boundaries
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
Environmental Planning Element This
element 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 general plan. The policies and
strategies to be developed under this element
shall be designed to have community-wide
applicability and shall not require the production
of an additional environmental impact statement
or similar analysis beyond the requirements of
state and federal law.
Cost of Development Element This element
should include policies and strategies that the
municipality will use to require development to
pay its fair share toward the cost of additional
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public service needs generated by new
development, with appropriate exceptions when
in the public interest. Per the statutes, this
element shall include:
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,
facility construction, dedications and service
privatization
A component that identifies policies to ensure
that any mechanisms that are adopted by the
municipality under this element result in a
beneficial use to the development, bear a
reasonable relationship to the burden imposed
on the municipality to provide additional
necessary public services to the development
and otherwise are imposed according to law
In developing this element, it is recommended
that each community define “fair share” and
identify all the services that would require
expansion and therefore incur costs as a result of
new development (i.e. roads, water and sewer
systems, parks, police and fire protection, etc.).
Water Resources Element To address the
connection between water resources and
development, this element should include
discussion of:
The known legally and physically available
surface water, groundwater and effluent
supplies
The demand for water that will result from
future growth projected in the general plan,
added to existing uses
An analysis of how the demand for water that
will result from the future growth projected in
the general plan will be served by the
currently available water supplies, or a plan to
obtain additional necessary water supplies
6.2.3 Additional General Plan
Elements for Communities over
50,000 in Population
The following additional elements are required
for large communities – with populations over
50,000 – but other communities may opt to
include one or more of the elements below as
needed to address important local issues.
Conservation Element This element is
intended to address the conservation,
development, and utilization of natural resources,
including forests, soils, rivers, and other waters,
harbors, fisheries, wildlife, minerals and other
natural resources. The conservation element may
also cover:
9 Reclamation of land
9 Flood control
9 Prevention and control of the pollution of
streams and other waters
9 Regulation of the use of land in stream
channels and other areas required for the
accomplishment of the conservation plan
9 Prevention, control, and correction of the
erosion of soils, beaches and shores (the
last two are for after “the big one,” when
California tumbles into the sea)
9 Protection of watersheds
Recreation Element This element should
show a comprehensive system of areas and public
sites for recreation including the following and, if
practicable, their locations and proposed
development:
9 Natural reservations
9 Parks
9 Playgrounds and playing fields
9 Parkways and scenic drives
9 Beaches
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9 Open space
9 Bicycle routes
9 Other recreation areas
Circulation Element In addition to the
requirements described in Section 6.2.1, for
larger communities this element shall also include
recommendations concerning parking facilities,
building setback requirements and the
delineation of such systems on the land, a system
of street naming, house and building numbering
and such other matters as may be related to the
improvement of traffic circulation. The
circulation element may also include:
A Transportation Element showing a
comprehensive transportation system,
including locations of rights-of-way, terminals,
viaducts and grade separations. This element
of the plan may also include aviation and
related facilities.
A Transit Element showing a proposed
system of rail or transit lines or such other
mode of transportation as may be
appropriate.
Public Services and Facilities Element This
element must show general plans for police, fire,
emergency services, sewage, refuse disposal,
drainage, local utilities, rights-of-way, easements
and facilities for them.
Public Buildings Element This element must
show locations that have civic and community
centers, public schools, libraries, police and fire
stations, and other public buildings.
Housing Element This element shall consist of
standards and programs for the elimination of
substandard dwelling conditions, for the
improvement of housing quality, variety, and
affordability, and for provision of adequate sites
for housing. This element shall contain an
identification and analysis of existing and
forecasted housing needs, and be designed to
make equal provision for the housing needs of all
segments of the community regardless of race,
color, creed or economic level.
Conservation, Rehabilitation and
Redevelopment Element This element shall
consist of plans and programs for:
The elimination of slums and blighted areas
Community redevelopment, including housing
sites, business and industrial sites, and public
building sites
Neighborhood preservation and revitalization
Other purposes authorized by law
Safety Element This element provides for the
protection of the community from natural and
manmade hazards including features necessary
for such protection as evacuation routes, peak
load water supply requirements, minimum road
widths according to function, clearances around
structures and mapping in areas of known
geologic hazards.
Bicycling Element This element shall consist
of proposed bicycle facilities such as bicycle
routes, bicycle parking areas and designated
bicycle street crossing areas. It is recommended
that this element be tied to the circulation
element.
Although these elements are required by Arizona
Statutes, please note that it is not an exhaustive
list of possible elements for a general plan. If
some topic is especially important in a
community, it may make sense to devote a
specific element to it. Additional elements that
have been included in Arizona general plans
include economic development, historic
preservation, and arts and cultural resources.
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6.2.4 Public Participation
Requirements
Arizona Statutes do address the public
participation that should accompany the general
plan process. These are discussed in more detail
in Section 4.2.1 in Chapter 4. Overall, the law
indicates that, in developing a general plan, the
community must consult with, advise, and
provide an opportunity for official comment to at
least the following groups: public officials and
agencies, the county, school districts, associations
of governments, public land management
agencies, the military airport if the municipality
has territory in the vicinity of a military airport as
defined in A.R.S. § 28-8461, other appropriate
government jurisdictions, public utility
companies, civic, educational, professional and
other organizations, property owners and citizens
generally [A.R.S. § 9-461.06(B)(2)]. As discussed
in Chapter 4, written procedures for a public
involvement program to accompany general plan
development must be adopted by the legislative
body.
At least sixty days before the planning
commission hearing on the general plan (or a
major amendment) is noticed, a review copy of
the proposed plan or amendment must be
transmitted to the planning commission,
governing body, and the following entities for
further review and comment:
The planning agency of the county in
which the municipality is located
Each county or municipality that is
contiguous to the corporate limits of
the municipality or its area of
extraterritorial jurisdiction
The regional planning agency within
which the municipality is located
The Arizona Department of Commerce
or any other state agency that is
subsequently designated as the general
planning agency for the state
The Arizona Department of Water
Resources for review and comment on
the water resources element, if a water
resources element is required
If the general plan or a portion,
element or amendment of the general
plan is applicable to territory in the
vicinity of a military airport as defined
in A.R.S. § 28-8461, the military
airport.
Any person or entity that requests in
writing to receive a review copy of the
proposal
After considering the recommendations from the
review period described above, public hearings
before the planning commission and governing
body are required to be held on the proposed
general plan plan update, or major amendment
as described in Chapter 4 (Section 4.2.1) and in
accordance with the Open Meeting Law (Section
4.1). More information on major and minor
amendments is provided below in Section 6.2.5.
6.2.5 Major and Minor Amendments
State Statutes require that communities identify
criteria to determine major and minor
amendments to the general plan. In general, a
major amendment may be defined as “a
substantial alteration of the municipality’s land
use mixture or balance as established in the
municipality’s existing general plan land use
element.” [A.R.S. § 9-461.06(G)] Each city or
town must identify the specific criteria for
defining a major amendment; often communities
will use a combination of characteristics such as
acreage of the proposed amendment area,
proposed density change, or type of proposed
land use change (i.e., from residential to
commercial).
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Proposed major amendments can only be
considered for adoption by the governing body
once a year, at a single public hearing to be held
within the same calendar year as the proposal is
made. It is suggested that a schedule for the
annual hearing be determined and followed
consistently, so that a schedule of annual
deadlines for necessary steps in the application
process can be established for applicants and
staff.
There are also hearing requirements associated
with the consideration and adoption of major
amendments that are very similar to those for the
adoption of the general plan (see Section 4.2.1
for this information). In addition, major
amendments are subject to the same 60-day
review as general plans (see Section 6.2.4).
6.3 THE PLANNING PROCESS
Who Initiates The Process? The local public
authority most often initiates the development of
a general or comprehensive plan: the city council,
board of supervisors, planning commission, city
or county manager, or community
development/planning director. The initiation of
a comprehensive planning effort in response to
public concern over the future of the community
is an ideal circumstance for this undertaking. One
of the most important ingredients to a successful
process is to have a public participation plan that
encourages a variety of techniques to include
residents and other stakeholders.
Who Directs The Work? And Who Else Should
Be Involved? While a comprehensive
planning effort may be financed and directed
wholly outside the public sector, this is the
exception and not the rule. Many Arizona
municipalities and counties have planning
departments or commissions whose task is to
prepare plans for their communities. The
responsibility for planning will vary from one
community to another. The city manager’s role
in the planning function is especially prominent
in smaller cities and towns, where the manager is
most likely to have a major responsibility due to
small planning staffs.
If the plan is to be effective, it is essential that
those expected to use it be involved in its
preparation. Elected and appointed officials
deciding on land use issues should be familiar
with how the land use element of the plan was
developed, population trends, housing patterns,
and key development issues. Likewise, officials
responsible for developing and adopting the
capital improvements program should be familiar
with the community’s long-range public facilities
goals. Finally, community residents are the most
important investors in the plan and must be
involved in its preparation and implementation,
however difficult and time-consuming this task
may become.
Relationship To Metropolitan And Regional
Planning Most communities are affected by
changes occurring in surrounding areas:
annexations, economic cycles, and development
patterns. Municipal plans should identify the
city’s role in the region relative to economic
growth or decline. Communities may be
members of councils of governments (COGs), or
enter into intergovernmental agreements for the
provision of services. Issues of regional
importance include transportation, transit,
wildlife and nature conservation, tourism,
recreation, air quality, water quality and supply,
solid waste disposal, and flood control/drainage.
Who Does The Technical Work In Plan
Preparation? A professional planning staff is
often responsible for preparing the plan.
However, given the diverse technical skills
necessary to adequately address environmental,
transportation, utilities, and other needs, most
planning staffs will require input and assistance
from other departments such as public works or
engineering. Consultants are frequently used for
preparation of some components of the plan, or
the entire plan.
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In small communities or rural counties,
consultants may be employed to undertake all of
the technical work under the direction of the
planning staff, planning commission, or city or
county manager. When consultants are used, it is
important that staff and policy-makers remain
closely involved in development of the plan to
examine data, formulate policy, and review
alternatives (see Section 6.3.3 for more
information on hiring consultants).
How Much Money Is Needed? The cost of a
plan generally depends on the number and types
of elements in the plan, the number of meetings
and public presentations held, the level of detail
demanded, and the final products desired.
Because the payoffs from planning are not seen
as immediate and tangible, the planning budget
may be a low priority. However, planning is a
vital component of resource management, and
will assist the administration in determining the
most effective use of funds and their projected
impact.
Deadlines Should Be Set At the outset of the
planning process, a schedule should be set
specifying the completion of particular work
products, team meetings, and public meetings. A
schedule should be developed for the planning
process that incorporates the adopted public
participation procedures, sufficient time for data
collection efforts, the mandated 60-day review
period, hearing notification requirements, and
any other local considerations. Many
communities require between twelve to twenty-
four months to develop a plan.
What Should The Plan Look Like? Plans
come in various sizes and shapes because of the
budget and needs of a particular community.
General and comprehensive plans may be printed
as a series of documents for easy use or
summarized in short pamphlets for public
distribution. Loose-leaf notebooks are popular
because individual plan components may be
added or deleted as they are completed or
updated. Many plans are published in summary
versions for mass distribution and complete
versions for those wanting all the background
data, standards, etc.
Should Maps Be Used? Maps are
indispensable to good planning, and provide a
method to communicate the spatial relationships
of land use categories. Maps also provide a
means to illustrate other planning goals such as
future circulation systems and future public
facilities and services, especially when they are
shared regionally.
6.3.1 Preparing the General Plan
One of the suggested first steps to begin work on
the general plan is to put together an advisory
team. The makeup of the team depends on
whether a consultant is involved and the
willingness and experience of staff, public
officials, and others. A good mix might include
the consultant, planning staff, one or two
planning commissioners, one or two council
members, a major landowner representing the
interests of property owners, a local merchant
representing business concerns, and
representatives for the local utilities, schools, or
public land holdings. This team will be
responsible for initiating the project, coordinating
information from concurrent activities, and
providing direction to those ultimately
responsible for writing the text and preparing
supporting maps. The team should strive for
consensus; however, it is not the responsibility for
team members to make final decisions. The
governing body ultimately adopts the plan
through a public process.
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6.3.1.1
Phase I
Discovery and Analysis
Phase I focuses on data gathering, so that the
community can inventory existing resources and
understand current opportunities and challenges.
Necessary data typically will include:
9 Population statistics and
projections
9 Economic characteristics and
statistics
9 Existing land uses
9 Environmental characteristics
9 Existing public facilities
9 Existing transportation network
Housing, recreation, resource conservation,
downtown redevelopment, etc. may require
additional studies, depending on data gaps
identified and what is needed.
Population Studies Two types of population
studies are usually employed in the planning
process. Current population studies describe the
existing population of the planning area in terms
of its stratification and composition. The U.S.
Bureau of the Census collects population figures
each decade, which provide a good starting point
from which to estimate the local population
during non-census years. Councils of government
(COGs) also may have estimates for non-census
years.
Population projections forecast future population
levels in order to predict land use requirements,
public facilities needs, and the general
composition of the city or county in the years to
come. The validity of long-range planning
depends partly on the accuracy of the population
forecasts. As much as planning deals with
providing community services and facilities,
significant fluctuations in population size and
composition can render the plan obsolete if
changes are unforeseen. Determining the size of
the study area (the area to be planned) will
depend upon the growth expectations of the
community. The Arizona Department of
Economic Security “Arizona Workforce Informer”
website, www.workforce.az.gov, can be helpful
here. Some communities in Arizona experience
seasonal populations. Organizations to assist in
forecasting these populations include tourism
offices and the local chamber of commerce.
Economic Studies Economists have developed
numerous strategies for economic analyses of
urban areas. Economic base studies, the
determination of the size and segment of local
industry and commerce devoted to “exports”
from the community, are perhaps the most
commonly used. Excellent techniques have also
been developed for gathering data on
employment, occupations, income, value added
by manufacturing, volume of production, and
other useful information. This provides an
understanding of the economic composition of
the community and forms a basis for projecting
future demands on both the public and private
sectors. Much of this information is documented
in the Arizona Community Profiles and the
Arizona Economic Base Studies, which are
prepared by the Arizona Department of
Commerce (see www.azcommerce.com).
Physical and Natural Resource Inventory An
inventory and analysis of soils, topography and
slope, geology, drainage patterns, vegetation,
lakes, rivers, and wetlands is necessary to
understand the environmental setting and
identify sensitive areas.
Existing Land Use Surveys A land use survey
is conducted to identify the variety of land uses
existing in the community. Data collected from
this inventory is tabulated and analyzed
statistically with regard to location, size,
frequency, and density. The information can be
summarized to include the amount of land
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devoted to specific uses, a table depicting
frequency of lot sizes, and an analysis of major
impacts associated with certain land uses. The
data is evaluated along with projected
community needs and serve as a framework for
preparing long-range plans.
Transportation and Circulation Studies The
existing level of service of all (public and private)
modes of transportation within the planning area
should be benchmarked to assist with prioritizing
short- and long-range capital improvements.
Information on projected traffic volumes, the size,
location, and capacity of existing and planned
facilities, efficiency of circulation patterns, and
other relevant data should be included.
Public Facilities A community’s growth
policies may be translated through the capital
improvements plan (CIP). The timing, location,
and availability of public facilities, utilities, and
services shape urban development patterns. The
extension of water and sewer service,
construction of major roads, schools, parks, and a
host of other physical improvements determine
when and where development will occur.
6.3.1.2
Phase II
Goals and Policy Formulation
Perhaps the most important, and yet most
difficult, stage of the planning process is the
establishment of goals, objectives, and policies for
future development. The need for revision of
existing goals and policies, or identification of
new ones will emerge during the data evaluation
and public input. An important point to
remember is that objectives must be measurable
so that progress towards meeting community
goals can be monitored. The importance of
including the community throughout the process
via a public information and participation
program is essential to the identification and
acceptance of goals and policy by community
members. The value of public input to the
planning process cannot be underestimated.
6.3.1.3
Phase III
Alternatives Development
Based on the data inventory and community
goals, alternative land use scenarios may be
generated to present to the community. Often
these alternatives will provide for different
growth rates or different policy emphases to
illustrate the various outcomes that might result.
The alternatives may be a tool for provoking
community discussion about its vision of the
future, and often one of the alternatives will be
the basis for the land use map that is included in
the general plan. During this period, the elements
of the plan may be drafted. In addition, public
involvement activities may be occurring as
prescribed in the public participation program.
6.3.1.4
Phase IV
Review, Revisions, and Adoption
During this phase, a draft review copy of the plan
is completed and distributed for 60-day review.
In accordance with the statutes, certain agencies
and groups must receive the draft (see Section
6.2.4) and this may also be a good time to
continue a public information program or other
activities that may be included in the public
participation program.
Upon completion of any revisions, the hearings
for the planning commission and council to
recommend and adopt the plan may occur in
accordance with the Open Meeting Law and any
other statutory requirements (see Chapter 4).
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6.3.1.5
Phase V
Implementation
Any effective plan must include accepted and
feasible implementation measures. Common tools
for implementation include land use regulations,
a capital improvements program, and special
funding programs. Land use regulations may take
the form of:
Building codes
Zoning and subdivision ordinances
Permitting procedures
Public review processes
Development agreements
After setting the goals and policies, the plan
should identify “next steps” – ideally, the
priorities, timelines, and responsible parties for
the efforts and projects that are discussed in the
plan. In addition, a method for monitoring or
reporting back to council on progress toward plan
goals could be outlined. Some ideas for the role
of various entities in implementation may
include:
The Staff…
Recommend to the council ways of
implementing the plan that may
include zoning code or other ordinance
updates, design guidelines, a sign
ordinance, or specific plans.
May make an annual report to the
council on the status of the plan and its
implementation.
May consult with public and private
organizations on the implementation of
the plan.
Shall, on orders from the council,
prepare specific plans and regulations.
Recommend that projects and priorities
in the plan be reflected in the capital
improvements plan (CIP) and
municipal budgets.
The Council…
May direct the planning agency to
prepare specific plans and regulations.
Adopt other measures to implement
the general plan including procedures
to administer the specific plans and
regulations. Please note: the
jurisdiction’s attorney should review all
proposed regulations before they are
enacted.
Ensure that projects and priorities in
the plan are reflected in the capital
improvements plan (CIP) and
municipal budgets.
The Planning Commission…
Participate in the development of and
hold public hearings for specific plans
or regulations.
Continue to discuss progress toward
plan goals and emerging planning
issues in worksessions with staff and in
joint sessions with council.
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6.3.2 Keeping the Plan Current
The development of a plan is only the beginning
of a continual planning process; the plan must be
examined and probably revised periodically.
Frequent amendments to the general plan, a
specific plan, or to development ordinances may
indicate the need for revision of these documents.
When revising a plan, official maps, the zoning
ordinance, subdivision regulations, etc., the
following procedure is suggested:
Analyze and review the goals, policies and
programs in the plan and determine specific
areas in need of revision.
Rewrite appropriate areas of the plan to
incorporate any changes. Since the
elements of a plan should be interrelated,
be aware that changes to one part may
require changes in others.
Rewrite appropriate sections of the
development ordinances to be adopted at
the same time that the plan is amended.
6.3.3 Choosing a Consultant
Communities often retain the services of a
consultant to draft or update their general plans.
Typically, this process would begin with the
development of a Request for Proposals (RFP) or
Request for Qualifications (RFQ) to generate
responses from interested firms. For assistance in
developing these documents, please contact the
Community Planning Office of the Arizona
Department of Commerce (602-771-1191). A
database of professional consultants in Arizona is
also available on the Commerce website at
www.azcommerce.com.
To select a consultant, a community may opt to
convene a selection panel to review and discuss
the proposals and interview candidate firms. The
panel could include the planning director, a
planning commissioner, a council member or
county supervisor, interested citizens,
representatives of different departments that will
be participating in plan development and non-
staff individuals with planning knowledge and
experience. When reviewing proposals submitted
by consultants, consider the following criteria:
Does the consultant appear to be well
qualified and experienced in the particular
field you need help with? Do the people
assigned to the project, not just the firm,
have the necessary experience and
qualifications?
How does the firm propose to deal with
your particular concerns? Does the firm
propose a realistic time schedule and
budget? How well does this consultant
understand your community’s situation?
Does the proposal respond directly to your
needs in a clear, well-thought-out fashion?
What techniques will be used to gather
input and receive community support?
The two or three firms with the best proposals
should be called for a face-to-face interview with
the selection panel. Each interview should be
held with the proposed project manager and
team leaders from each consulting firm that has
made the “short-list”.
The consultants should be asked to elaborate on:
What knowledge does the consultant
have of the town?
What special qualifications can the
project team provide?
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Are team members experts in the
necessary fields and disciplines?
How will the work be done?
What is the proposed schedule of
activities?
How will public input be solicited?
How will the final product be
implemented to benefit the
community?
In selecting a consultant for the project, one of
the most important things a community can do is
check references. Call at least three of the
consultant’s most recent clients of similar projects
to the one you are contemplating, and ask at a
minimum the following questions:
Has the consultant’s work been
useful?
How well did the consultant work
with the public, staff, and public
officials?
Did the consultant’s services meet
your expectations?
Would you hire this consultant
again?
Did they complete the project on
time and within the budget?
Inquiries to other jurisdictions also can help to
establish a range of costs for the desired
consulting services. Consultants should know the
amount of money budgeted for the project
before they prepare a proposal. If the
consultant’s proposal exceeds your budget, they
should be prepared to present a strong case as to
why more money will be needed. A consultant
should be chosen on the basis of who will do the
best job, however, not just who will charge the
least.
Further negotiation typically occurs after the
consultant is tentatively selected and prior to
contract finalization to make sure both sides
understand what will, and will not, be completed
as part of the project. Your goal is to choose the
consultant who seems most suited to working
with your community; the one you feel can
understand your problems and offer realistic,
workable, imaginative alternatives to help your
community decide where it wants to go and how
to get there.
6.4 SPECIFIC PLANS
A specific plan may be prepared for a specific
geographic area which:
9 Has special site characteristics (i.e. historic,
recreational, natural resources) that may
be targeted for development or
preservation
9 Is experiencing rapid growth or economic
change
9 Has the potential for development of new
or expanded economic activities
9 Requires special planning for other
reasons
A.R.S. § 9-461.08 states:
The planning agency may, or if so directed
by the legislative body shall, prepare
specific plans based on the general plan or
drafts of such regulations, programs and
legislation as may in the judgment of the
agency be required for the systematic
execution of the general plan. The
planning agency may recommend such
plans and measures to the elected officials
for adoption.
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In addition to zoning ordinance and subdivision
regulation amendments, specific plans may
include:
9 Regulations determining the location of
buildings and other improvements with
respect to existing rights-of-way,
floodplains, and public facilities.
9 Regulations for the use of land,
buildings and structures, the height
and bulk of buildings and structures,
and the open spaces surrounding
buildings and structures.
9 Street and highway naming and
number plans in order to establish the
official names of streets and highways,
which will remove conflicts, duplication
and uncertainty among such names,
and provide an orderly system for the
addressing of buildings and properties.
9 Measures required to ensure the
execution of the general plan.
9 Other matters which will accomplish
these purposes including procedures
for the administration of such
regulations.
Municipalities lacking the resources may request
that an applicant prepare, or fund the
preparation of, a specific plan that would
encompass their project. The procedure for
adoption of specific plans is similar to that for
general plans. The city council may establish
administrative procedures for the application and
enforcement of specific plans and regulations,
assigning these functions to the planning agency.
&
Planning
Zoning
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THE COUNTY
COMPREHENSIVE PLAN
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Most of the discussion of the municipal general plan in the previous
chapter also applies to counties, including the functions of the plan
(Section 6.1), public participation requirements (Section 6.2.4 and Chapter
4), and the planning process (Section 6.3). This chapter addresses the legal
requirements for county comprehensive plans and items that are specific to
counties, such as rural planning areas and specific zoning plans.
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7.1 LEGAL REQUIREMENTS FOR
THE COMPREHENSIVE PLAN
County planning authority is provided in A.R.S. §
11-802:
The board of supervisors of a
county…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…adopt and
enforce such rules, regulations,
ordinances and plans as may apply to the
development of its area of jurisdiction.
It also states in A.R.S. § 11-806(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
insure 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 as defined in Section 28-
8461, the commission shall also consider
military airport operations. 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.
In addition, the statutes require that the county
plan:
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
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
Shall consider access to incident solar energy
May provide for retirement community zoning
districts
May provide for the regulation and use of
business licenses, adult oriented business
manager permits and adult service provider
permits
Similarly to the municipalities, Arizona law
requires for counties:
That the board of supervisors adopt written
procedures for public involvement throughout
the planning process, as described in Section
4.2.1 [A.R.S. § 11-806 (D)]
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A 60-day review period (see Section 6.2.4)
Coordination with the Arizona State Land
Department regarding integration of
conceptual land use plans [A.R.S. § 11-821(A)]
Coordination with cities and towns within 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.” [A.R.S. § 11-806(F)]
7.1.1 Required Elements for County
Comprehensive Plans
The statutes require that counties with
populations over 125,000 must include at least
the three elements described below, and that
smaller counties may include these elements.
Appendix F is a flow chart depicting the required
comprehensive plan elements based on
population size.
1. Land Use Element
This element typically contains a land use
map, and should designate the proposed
general distribution, location, and extent of
uses of the land for housing, business,
industry, agriculture, recreation, education,
public buildings and grounds, open space and
other categories as appropriate. The statutes
require that the following components be
included:
Statement of the standards of
population density and building
intensity recommended for the various
land use categories covered by the plan
Specific programs and policies that the
county may use to promote compact
form development activity and locations
where those development patterns
should be encouraged
Consideration of air quality and access
to incident solar energy for all general
categories of land use
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. Circulation Element
This element must include the general
location and extent of existing and
proposed freeways, arterial and
collector streets, bicycle routes and
any other modes of transportation as
appropriate, and be correlated with
the proposed land uses.
3. Water Resources Element
This element should address:
The known legally and physically
available surface water, groundwater,
and effluent supplies
The demand for water that will result
from future growth projected in the
county plan, added to existing uses
An analysis of how the demand for
water that will result from future growth
projected in the comprehensive plan
will be served by the currently available
water supplies or a plan to obtain
additional necessary water supplies
Counties with populations larger than 200,000
according to the most recent decennial census
must also include in the comprehensive plan:
Open Space and Preservation This
element must include:
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A comprehensive inventory of open
space areas, recreational resources and
designations of access points to open
space areas and resources
An analysis of forecasted needs, policies
for managing and protecting open space
and resources and implementation
strategies to acquire additional open
space areas and further establish
recreational resources
Policies and implementation strategies
designed to promote a regional system
of integrated open space and
recreational resources and consideration
of any existing regional open space plan
Planning for Growth Areas This element
should also be closely tied to the land use
element, and is intended to identify 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 land uses.
The statutes direct that this element should
include policies and implementation strategies
that are designed to:
Make automobile, transit and other
multimodal circulation more efficient,
make infrastructure expansion more
economical, and provide for a rational
pattern of land development
Conserve significant natural resources
and open space areas in the growth area
and coordinate their location to similar
areas outside the growth area's
boundaries
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
Environmental Planning Element This
element 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 general plan. The policies and
strategies to be developed under this element
shall be designed to have community-wide
applicability and shall not require the production
of an additional environmental impact statement
or similar analysis beyond the requirements of
state and federal law.
Cost of Development Element This element
should include policies and strategies that the
municipality will use to require development to
pay its fair share toward the cost of additional
public service needs generated by new
development, with appropriate exceptions when
in the public interest. Per the statutes, this
element shall include:
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,
facility construction, dedications and
service privatization
A component that identifies policies to
ensure that any mechanisms that are
adopted by the municipality under this
element result in a beneficial use to the
development, bear a reasonable
relationship to the burden imposed on
the municipality to provide additional
necessary public services to the
development and otherwise are
imposed according to law
In developing this element, it is recommended
that each community define “fair share” and
identify all the services that would require
expansion and therefore incur costs as a result of
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new development (i.e. roads, water and sewer
systems, parks, police and fire protection, etc.).
Smaller counties may opt to include these
elements as well. As with cities, counties may
choose to include other elements that address
particular issue areas, such as economic
development.
7.1.2 Adopting and Amending the
Comprehensive Plan
Once drafted, the planning commission, if one
exists, would recommend the proposed
comprehensive plan to the board of supervisors.
The board shall adopt the plan in whole or in
part and subsequently amend or extend the
adopted plan or portion thereof. Before
adoption or amendment, the board must hold at
least one public hearing. For more information
on plan adoption, see Section 4.2.1.
The county must identify the criteria for major
and minor amendments in the same manner as
municipalities. Amendments are discussed in
Sections 6.2.5. and 4.2.1.
7.2 RURAL PLANNING AREAS
The purpose of rural planning areas is to allow for
unincorporated communities to voluntarily assist
in planning efforts, to ensure a sound factual and
policy basis for those efforts. Rural planning areas
may be formed in counties with populations
under 400,000, and are created by petition to
the county of owners of real property in any
specific portion of the county outside corporate
boundaries. According to state statutes, rural
planning areas shall emphasize voluntary,
nonregulatory incentives for compliance and
accommodation of continuing traditional rural
and agricultural enterprises. Rural planning areas
would transmit their recommendations to the
board of supervisors for consideration for
inclusion in the county comprehensive plan.
As of Fall 2004, two rural planning areas had
been formed in Arizona, one in Coconino County
for ranch land preservation, and one in Yuma
County for an agricultural irrigation district. For
information about these rural planning areas,
contact Coconino County Community
Development at (928) 226-2700 and the Yuma
County Development Services Department at
(928) 329-2300. The organization of rural
planning areas may continue to evolve as more
areas opt to form them.
The State Statutes also allow cities, towns, and
counties that share multi-jurisdictional areas and
have a combined population of between 50,000
and 100,000 persons to form rural planning
zones to develop coordinated and comprehensive
regional plans. This is possible if the county has a
population of less than 400,000.
7.3 SPECIFIC ZONING PLANS
All counties with a population of less than one
million are authorized by A.R.S. § 11-825 to have
“specific zoning plans.” Don’t confuse them with
municipal specific plans, as they are quite
different. Specific zoning plans are essentially a
way of reviewing and approving a fairly detailed
development plan for large projects. Although no
minimum or maximum parcel sizes are stipulated,
the terms of the law imply a sizeable project. The
plan “shall include text and maps of a land use
plan and specific zoning, sign, street, and other
regulations for [the] implementation of the
county master plans.”
A.R.S. § 11-825(C) requires that a
specific zoning plan shall include text,
maps, and illustrations specifying all of
the following:
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The distribution, location and extent of
land uses, including open space
The distribution, location, extent and
intensity of [the] major components of
public and private transportation,
sewage and sold waste disposal,
drainage and other facilities necessary
Standards by which development shall
proceed and, if applicable,
requirements for [the] conservation,
development and utilization of natural
resources
A statement of whether the specific
zoning plan is consistent with the
comprehensive plan
Any other matters necessary or
desirable
Information on zoning and subdivision
regulations as they apply to counties are
discussed in Chapters 8 and 9.
9
9
9
9
9
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Zoning
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A zoning ordinance allows a local government to regulate the height, size,
and location and density of buildings, and the uses to which buildings and
land may be put. Several key legal decisions (notably Hadacheck v.
Sebastian 27, and Euclid v. Amber Realty Co 28.) upheld the legality of
separating buildings and land uses, thereby validating zoning practices
early in the century.
27 239 U.S. 394 in 1915
28 272 U.S. 365 in 1926
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8.1 PURPOSE AND OBJECTIVES
OF ZONING
Zoning is intended to promote the health, safety,
and general welfare of the community. Often this
is achieved by grouping compatible land uses
together in districts and separating or buffering
incompatible uses. Historically, zoning was
initiated largely to buffer nuisances related to
some uses from other uses, such as industrial
processes from residential uses. Zoning
ordinances today may address numerous
purposes, including:
Conserving the value of neighborhoods
Stabilizing neighborhoods
Assuring orderly growth
Managing densities
Moving traffic efficiently and safely
Protecting cultural, historical, natural, or
environmentally sensitive areas
Controlling aesthetics
Preserving the community health,
safety, or other values through the
establishment of special zones and
regulatory development standards
Overall, zoning seeks to preserve the planned
character of a neighborhood by excluding uses
and structures inappropriate to the area and
eliminating non-conforming uses. Zoning
ordinances also regulate development in
accordance with safety considerations.
Provide economic opportunity or
advantage to one parcel of property
without extending that opportunity to
all property similarly situated
Artificially increase the value of land
Make housing more expensive in some
districts than in others through the use
of unreasonable and restrictive
development standards
Promote economic or racial segregation
through exclusionary practices.
The objectives of zoning legislation are to
establish regulations, provide for all essential uses
of land and buildings, and to ensure that each use
is in an appropriate place. While zoning helps to
reduce blight, zoning should not be thought of
solely as a means of nuisance avoidance.
Legitimate business operations, which may be
undesirable in one location, may be appropriate
land uses in another area.
There have been critics of traditional zoning
practices that separate land uses. Arguments
against the strict separation of uses include
increased traffic congestion, as people must
commute to different areas, lack of pedestrian
opportunities, and loss of character in
neighborhoods and commercial or downtown
areas that have become more homogeneous. In
response, some communities are incorporating
mixed-use zoning and overlay districts to address
the negative effects of separated uses and to
achieve other community goals.
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8.2 RELATIONSHIP TO THE
GENERAL OR
COMPREHENSIVE PLAN
Section 3 of the Standard Zoning Enabling Act of
1922 provides that a zoning ordinance be
prepared “in accordance with a general [or
comprehensive] plan.” In general, the plan
provides policy guidance and the zoning
ordinance is a legally binding tool to implement
the plan. Preparing a plan concurrently with, or
prior to, the adoption of a zoning ordinance is
not only good planning practice, but also is the
best legal defense of a zoning ordinance.
The courts usually will not question the policies
and programs contained in a general or
comprehensive plan or an ordinance based on
such a plan unless the particular zoning provision
is clearly arbitrary or exceeds the police powers.
If a community fails to adopt a plan, the courts
are less likely to uphold a legally challenged
zoning provision since there is no explicit policy
to guide it.
In Arizona, statutes require the following for
municipalities:
All zoning and rezoning ordinances or
regulations adopted under this article
shall be consistent with and conform to
the adopted general plan of the
municipality, if any, as adopted under
article 6 of this chapter. In the case of
uncertainty in construing or applying the
conformity of any part of a proposed
rezoning ordinance to the adopted
general plan of the municipality, 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 general
plan. A rezoning ordinance conforms
with the land use element of the general
plan if it proposes land uses, densities or
intensities within the range of identified
uses, densities and intensities of the land
use element of the general plan 29.
The county enabling legislation is more
ambiguous. A.R.S. § 11-821(A) requires the
commission to formulate and adopt a
comprehensive plan for the development of the
county and says that the plan: “shall show the
commission’s recommendations for the
development of the area of jurisdiction together
with the general zoning regulations.” Section 11-
821(B) says that: “The county plan shall provide
for zoning, and shall show the zoning districts
designated as appropriate for various classes of …
uses … ”. Section 11-824 states that: “upon
adoption [by the board of supervisors] the plan
… shall be the official guide for the development
of the area of jurisdiction.”
All this clearly implies that zoning should be
consistent with the county plan.
One of the most frequently quoted judicial
statements on this topic is from an opinion of the
New York Court of Appeals:
The [general or] comprehensive
plan is the essence of zoning. Without it
there can be no rational allocation of land
uses. It is the insurance that the public
welfare is being served and that zoning
does not become anything more than just
a Gallup Poll.
To be valid, zoning regulations (including
rezoning or map amendments) must be adopted
in conformance with the notice and hearing
requirements prescribed by statute and the
jurisdiction’s zoning ordinance (see Sections 4.1
29 (A.R.S. § 9-462-01(F)).
“
”
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on the Open Meeting Law and 4.2.2 on notice for
zoning hearings).
8.3 LEGAL AUTHORITY TO ZONE
8.3.1 Municipal Zoning Authority
Cities, town, and counties depend on authority
granted to them by their state for their powers.
A.R.S. § 9-462.01 authorizes zoning regulations
to conserve and promote the public health, safety
and general welfare as follows:
Regulate the use of buildings, structures,
and land as between agriculture,
residence, industry, business, and other
purposes.
Regulate signs and billboards.
Regulate location, height, bulk, number
of stories and size of buildings and
structures, the size and use of lots,
yards, courts and other open spaces, the
percentage of a lot that may be
occupied by a building or structure, and
the intensity of land use.
Establish requirements for off-street
parking and loading.
Establish and maintain building setback
lines.
Create civic districts around civic centers,
public parks, public buildings or public
grounds and establish regulations
therefore.
Require, as a condition of rezoning,
public dedication of rights-of-way as
streets, alleys, public ways, drainage,
and public utilities as are reasonably
required by or related to the effect of
the rezoning.
Establish floodplain zoning districts and
regulations to protect life and property
from the hazards of periodic inundation.
Regulations may include variable lot
sizes, special grading or drainage
requirements, or other requirements
deemed necessary for the public health,
safety or general welfare.
Establish special zoning districts or
regulations for certain lands
characterized by adverse topography,
adverse soils, subsidence of the earth,
high water table, lack of water or other
natural or man-made hazards to life or
property. Regulations may include
variable lot sizes, special grading or
drainage requirements, or other
requirements deemed necessary for the
public health, safety or general welfare.
Establish districts of historical
significance.
Establish age specific community zoning
districts in which residency is restricted
to a head of a household or spouse who
must be of a specific age or older and in
which minors are prohibited from living
in the home. Age specific community
zoning districts shall not be overlaid on
property without the permission of all
owners of property included as part of
the district unless all property in the
district has been developed, advertised,
sold or rented under specific age
restrictions. The establishment of age
specific zoning districts is subject to all
the public notice requirements and
other procedures prescribed by this
article. [See the Federal Fair Housing
Amendments Act of 1988.]
Establish procedures, methods, and
standards for the transfer of
development rights (see Section 3.2.1
on transfer and purchase of
development rights).
To achieve these goals, the statutes allow the
legislative body to divide a municipality, or
portion thereof, into zones of the number, shape
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and area it deems best suited to carry out the
purpose of the statutes. In addition, the law
indicates that zoning regulations shall be uniform
for each class or kind of building or use of land
throughout each zone. The regulations in one
type of zone may differ from those in other types
of zones as follows:
Within individual zones, there may be
uses permitted on a conditional basis
wherein additional requirements must
be met, including requiring site plan
review and approval by the planning
agency. Such conditional uses are
generally characterized by:
Infrequency of use
High degree of traffic
generation
Requirement of large land
area.
Within residential zones, the regulations
may permit modifications to minimum
yard lot area and height requirements.
To carry out the purpose of the statutory
provisions, the legislative body may adopt
overlay zoning districts and regulations applicable
to particular buildings structures, and land within
individual zones. An overlay zoning district
means a special zoning district that includes
regulations that modify regulations in another
zoning district with which the overlay zoning
district is combined. Overlay zoning districts and
regulations must be adopted pursuant to rezoning
hearing requirements (see Section 4.2.2).
The statutes also allow the legislative body to
approve a change of zone conditioned upon 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 legislative body, after
notification by certified mail to the owner and
applicant who requested the rezoning, shall
schedule a public hearing to take administrative
action to extend, remove or determine
compliance with the schedule for development or
take legislative action to cause the property to
revert to its former zoning classification.
8.3.2 County Zoning Authority
County authority to zone unincorporated areas is
contained in the general delegation of planning
authority received from the State Legislature. The
statute provides that the comprehensive plan
shall provide zoning. However, the provisions for
zoning are not extensive. County zoning
authority is found in A.R.S. § 11-821(B), which
states that the county plan:
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.
May establish the percentage of a lot or
parcel that may be covered by buildings,
and the size of yards, courts and other
open spaces.
Shall consider access to incident solar
energy.
May provide for retirement community
zoning districts.
The scope of the zoning powers under these
provisions is somewhat imprecise, although
zoning may be used to obtain all of the objectives
outlined in the comprehensive plan. However,
special provisions protect certain activities. For
example, a county must establish districts where
such uses as canneries, fertilizer plants, refineries,
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feedlots, packing plants, and tallow works may be
located.30 In addition, a county cannot regulate
or restrict the use of land for railroad, mining,
grazing or agricultural purposes if the tract
involved is five or more contiguous commercial
acres [A.R.S. § 11-830(A)(2)].
As in the statutes governing municipal zoning
authority, the county enabling legislation
expressly exempts existing uses from regulation.
The statute not only establishes the right to
continued uses, repair and alteration of
nonconforming property, but also provides that a
nonconforming business may expand up to 100
percent of the area of the original business [A.R.S.
§ 11-830(B)]. The county may enforce its zoning
ordinance by withholding building permits
[A.R.S. § 11-808(A)]. Additionally, county
officials and neighboring property owners who
are “especially damaged” may bring an action to
enjoin, prevent, or remove structures or uses that
violate the ordinance [A.R.S. § 11-808(H)].
8.3.3 Adopting Zoning Ordinances
Procedures for adopting and amending county
zoning parallel those for adopting municipal
ordinances [A.R.S. § 11-829]. The zoning
ordinance is adopted by the governing body,
subject to prior review and recommendation by
the planning and zoning commission. Before
taking action, both the commission and the board
or council are required to hold public hearings
and comply with any other procedures required
by the adopted citizen review process.
8.4 LEGAL ISSUES
Historically, local governments have had
considerable flexibility in establishing zoning
30 For example, the planning provision refers to parks and
wildlife areas, but there is no indication that zoning may be
used for these purposes or that the county may reserve land
for such purposes.
classifications. The legal test is a vague one: only
if the zoning classification appears to be arbitrary
and unreasonable and without any substantial
relation to the public health, safety, and general
welfare will the regulation be declared
unconstitutional.31 Moreover, in determining
reasonableness, the courts have deferred to local
judgment because they have viewed zoning
classification as a legislative rather than a judicial
matter.32 Even though the regulation diminishes
the value of the property, the zoning will be
sustained if the property “can be reasonably used
for the purpose for which it is zoned…”
“Reasonable use” has been interpreted to mean a
use that is economically viable. [See Ranch 57 v.
City of Yuma, 152 Ariz. 218, 731 P.2d 113 (App.
1986)].
Successful challenges to local zoning have been
infrequent in Arizona because of these broad
tests. The lack of successful challenges does not
indicate, however, that the courts will uphold all
local zoning. However, if the ordinance
discriminates against a particular property owner
or if it is especially tailored to regulate a
particular piece of property, the ordinance may
be struck down as “spot zoning.”33
In resolving questions of discrimination or spot
zoning, the courts have been assisted by the
existence of an overall, comprehensive land use
plan. Where zoning conforms to a reasonable
plan, the zoning will likely be upheld since the
plan provides a rational basis for making
classifications. Prior to 1973, Arizona enabling
legislation did not require that zoning regulations
conform to a general plan.
Many communities face the problem of
nonconformance: when structures and uses
31 City of Tucson v. Arizona Mortuary, 34 Ariz. 495, 272
P.923 (1928).
32 See, e.g., City of Phoenix v. Fehlner, 90 Ariz. 13, 363 P.2d
607 (1965).
33 See Klensin v. City of Tucson, 10 Ariz. App. 399, 459 P.2d
316 (1969) and City of Phoenix v. Felner, 90 Ariz. 13, 363
P.2d 607 (1961).
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conflict with current regulations, but were legally
established before the regulations became
effective. In Arizona, the typical case involves
existing uses previously outside the boundaries of
a regulating municipality and subsequently
annexed.
The Arizona Statutes provides that zoning
regulations shall not “affect existing property or
[the] right to its continued use for the purpose
used at the time…regulation takes effect, [or] to
any reasonable repairs or alternation…” [A.R.S. §
9-462.02]. But until the property is put to some
lawful use, there is no right to a continuation of
the former zoning or to the absence of zoning.34
A property owner can acquire a “vested right” to
develop his or her property based upon the
expenditure of substantial amounts of money in
good faith reliance on a building permit or a
conditional use permit.35 The current Arizona
zoning enabling act prohibits the elimination of
nonconforming uses by amortization and protects
existing uses, reasonable repairs or alterations
made to them.
In the case of annexation, a municipality may
enact an ordinance authorizing county zoning to
continue in effect for up to six months, until
municipal zoning is applied to the land previously
zoned by the county, and annexed by the
municipality. However, the municipality
annexing an area must initially adopt zoning
classifications which permit densities and uses no
greater than those permitted by the county
immediately before annexation and which can be
changed later [A.R.S. § 9-471(L)].
Once zoning regulations are established, only two
methods exist for making changes to them:
1. Amendment of the zoning ordinance or
rezoning
34 See City of Tucson v. Arizona Mortuary, 34 Ariz. 495, 272
P.923 (1928).
35 See Town of Paradise Valley v. Gulf Leisure Corp. 557 P.2d
532 (1976).
2. Granting of a variance
Amendments In 1988, the Arizona Legislature
amended sections 9-462.04 and 11-829 of the
Arizona Revised Statutes to require more stringent
public notice provisions of municipalities and
counties. The legal notice requirements should
be consulted when advertising applications for
amendment to the municipal or county zoning
code. (See Chapters 3 and 4 for discussions on
public notice and Open Meeting Law
requirements).
A zoning amendment is subject to the same
procedural limitations as the original ordinance.
Unfortunately, no reported cases in Arizona
indicate when a rezoning might be appropriate.
Some jurisdictions elsewhere in the country
require the showing of substantial change in
circumstances before a rezoning is granted but
this question of “change in circumstance” or the
“Maryland rule” has been specifically rejected in
Arizona. (See Dye v. City of Phoenix, 542 P.2d 31
[1975]).
Variances In Arizona, variances from the terms
of the zoning ordinance are heard and granted by
a board of adjustment. Variances are to be
granted only if special circumstances exist relative
to the property’s size, shape, topography,
location or if the strict application of the zoning
ordinance would deprive the property owner of
privileges enjoyed by other property of the same
classification in the same zoning district.
Statutes require that any variance granted is
subject to such conditions as will ensure that the
adjustment authorized shall not constitute a grant
of special privileges inconsistent with the
limitations upon other properties in the vicinity
and zone in which such property is located.
Variances may be granted when the property
owner demonstrates that the application of the
zoning ordinance to the property will create a
special property hardship. Both Arizona case law
(Nicola v. Board of Adjustment, 101 P.2d 199
[1940]), and the present statute, A.R.S. § 9-
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462.06(H)(1), prohibit the granting of “use
variances” because they are, in effect, rezonings.
(See Chapter 5 for a discussion on the role and
responsibility of the board of adjustment).
The book, Arizona Land Use Law, concludes that
the statutory and case law in Arizona have
established these standards:
A variance may be granted only
where there are special
circumstances applicable to the
property.
Any hardship that would justify the
granting of a variance must relate to
the use of the land as opposed to
the owner. A personal hardship
does not justify a variance.
A hardship which as been …
intentionally created does not justify
a variance.
Need for an “adequate financial
return” is not a legitimate basis for a
variance.
For cities and towns, these standards are either in
the statutes or have been established by judicial
interpretations. The county enabling laws are not
as detailed and there is little or no case law in
Arizona to amplify them. But, the four standards
listed above have been solidly established across
the country and it is likely that the actions of
county boards of adjustment would be subject to
them if taken to court. Requests for variances
that do not meet all these standards should be
denied.
8.5 PREPARING THE ZONING
ORDINANCE
The zoning ordinance should designate the zoning
districts to be established and enumerate the
particular regulations within each one. The
ordinance should require that zoning boundaries
be delineated on an official zoning map and that
no building or structure shall be erected, altered,
or used for a purpose other than that permitted
in the zone as indicated on the map. Since the
application of zoning is prospective rather than
reactive, policies addressing the adjudication of
nonconforming uses should be included in the
ordinance.
How many districts should the zoning ordinance
include? This is a question often asked, but to
which there is no fixed answer. The number may
range from two districts to forty, depending on
the size and complexity of the jurisdiction.
Enough districts should be established to
adequately serve the community’s development
goals, and no district should be established for
trivial reasons. The traditional basic categories of
districts are residential, commercial, and
industrial.
Zoning ordinances should specify clearly the
functions of those individuals and agencies
responsible for carrying out policy. For example,
the role of the planning commission in the
development of the ordinance and amendments
should be distinguished from the functions of the
board of adjustment in grating variances and
hearing administrative appeals.
Zoning deals with both what exists and, when
applied to vacant land or land to be redeveloped,
with desired future uses of land. Since the zoning
ordinance implements a general or
comprehensive plan, development policies
established in the plan must be examined to
ensure that the zoning ordinance will incorporate
community land use goals. The following studies
and information should be used along with the
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general or comprehensive plan to prepare the
zoning ordinance:
Existing land use maps
Soil and topography maps
Floodplain maps
Studies identifying geological hazards
Population studies
Economic base studies
Housing inventories and construction
projections
Studies of the capacities of public
facilities and utilities
Assessed valuation of properties
Location and characteristics of vacant
land
Size of lots, width of front lot lines, and
the dimensions of existing front, side,
and rear yards for residential
developments.
Use the knowledge and skills of planners and
zoning enforcement officials as much as you can
when drafting the zoning ordinance. The
ordinances should be drafted under the direction
of the planning commission and legislative body.
Before sending the draft ordinance to the
commission for their review and
recommendation, your attorney should review
the document with special attention to the
enabling statutes and legal form.
If the attorney approves the ordinance, it should
be given to the planning commission with a letter
so stating for their review and public hearing.
The ordinance is then sent on with the
commission’s recommendations to the council or
the board of supervisors for their public hearing
and action.
Describing and Locating the Districts Great
care should be taken in describing the boundaries
of zoning districts on the official zoning map.
Generally, district boundaries follow property
lines, centerlines of streets, the perimeter of large
bodies of water, railroad rights-of-way, or other
clearly definable physical features. Ideally, the
pattern of land use created by the districts should
provide buffers to mitigate potential adverse
impacts. In order to separate zones generating
undesirable impacts such as noise, glare, odor,
etc. natural buffers such as parks, lakes, rivers,
cemeteries, educational institutions, government
buildings and churches may be used as
transitional areas.
The inclusion of statements of intent for the
zoning ordinance as a prelude to each zoning
district provides explanations of the purpose and
function of districts, the reason for their
establishment, and their characteristics.
Statements of intent relate regulations to
defensible public purposes, i.e. reducing traffic
congestion and noise, limiting density, protecting
the public health and safety, providing open
space, and conserving property values. They also
serve as a guide to the courts, elected officials,
planning commissions, boards of adjustment, and
developers.
Zoning Overlays Zoning ordinances usually
establish sub classifications for agriculture,
residential, commercial, office, industrial, open
space, and other districts. Zones may be
cumulative or exclusive as to the number of
permissible uses, and include conditional,
accessory (incidental to the primary permitted
use), or special uses requiring additional
restrictions or performance standards. Overlay
regulations restrict particular uses to special areas
with boundaries different from those in regular
zoning districts. Overlay zones may be
superimposed on districts to establish additional
regulations, or to reduce or extend existing uses.
One example is a historic overlay district, which
may be superimposed over portions of a
residential and neighborhood commercial area to
preserve the character of the area. Revised in
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1992, A.R.S. § 462.01(D), clearly gives
municipalities the authority to use overlay zones.
8.6 ZONING ADMINISTRATION
AND UPDATES
How fair is the zoning process? Zoning is a
unique administrative process allowing applicants
the opportunity to petition for relief or to request
amendments to the zoning ordinance. Within the
broad limits established in the Arizona enabling
acts, each municipality or county fashions its own
standards. Decisions are made (or influenced by)
many sources including the planning commission,
the board of adjustment, the city council or board
of supervisors, the planning staff, developers, and
the public.
Historically, the responsibility for considering
requests for changes in zoning regulations was
divided among three groups:
Elected Body
Planning Commission
Board of Adjustment
City Council/Board of Supervisors The city
council or board of supervisors are the elected
bodies responsible for adopting amendments to
the zoning ordinance or approving changes to the
official zoning map.
Planning Commission Generally, the planning
commission holds the required public hearings on
text amendments and rezoning of land, and
makes a recommendation to the legislative body.
The legislative body is not obliged to follow the
planning commission’s recommendations.
Board of Adjustment The board of
adjustment has two basic functions: to grant
variances from the zoning regulations in cases of
hardship, and to hear appeals from
interpretations of the ordinance in cases where
application for a permit has been denied. The
board may also hear and decide requests for
conditional use permits.
Zoning Administrator According to State
Statutes, a city or town council shall establish by
ordinance the office of zoning administrator to
enforce the zoning ordinance. The municipal
zoning administrator may process building
permits, serve as staff to the board of adjustment,
and publish and post the required notices. The
county zoning inspector position is established to
enforce the code. [A.R.S. § 11-808]
Hearing Officer According to A.R.S. § 9-
462.08, city councils may establish the position
of hearing officer, and may delegate to that
position the authority to conduct hearings and
make findings as required by A.R.S. § 9-462.04.
Hearing officers shall be appointed on the basis
of training and experience, which qualify them to
hear cases, conduct public meetings, and make
decisions.
Neighborhood Zoning Authority Over the
past decades, neighborhood action groups have
grown in stature and influence. The
establishment of a neighborhood group often
begins with a zoning dispute. Changes to the
statutes in 1998 added the requirement for
municipalities to adopt ordinances that clearly
define local processes for citizen involvement.
A.R.S. § 9-462.03 requires that the governing
body of the municipality shall adopt, by
ordinance, a citizen review process that applies to
all rezoning and specific plan applications that
require a public hearing. At a minimum, the
ordinance must include procedures that will be
used to achieve the following:
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Notify adjacent landowners and other
potentially affected citizens of the
application
Inform adjacent landowners and other
potentially affected citizens of the
substance of the proposed rezoning.
Provide an opportunity for adjacent
landowners and other potential to
express any issues or concerns that they
may have with are opposed rezoning
before the public hearing.
Changes to Zoning
Possible changes to the zoning ordinance include
text amendments, rezonings (changes in the
zoning district boundaries), variances, and
conditional uses, all of which are discussed
below.
Text Amendments These are changes in the
provisions of the ordinance itself. There are
many reasons for such amendments being
proposed. Some of them are: changes in case law
or statutory law, the need to deal with new land
uses or types of development, problems in
administering or enforcing some parts of the
current ordinance, and the wishes or special
interests of developers or other citizens. No text
amendment should be approved unless the
commission and legislative body are convinced
that it is in the best interest of the municipality or
county as a whole.
Variances The creators of traditional zoning
were concerned about the difficulty of developing
general rules for land uses and recognized the
need for a mechanism to allow deviation in
particular cases. A variance is a permit to vary
from the terms of the zoning ordinance because
the property has unusual characteristics and
cannot be developed in a productive way if
zoning regulations are strictly applied. Variances
are a way of providing relief in hardship cases.
(See the discussion under “Legal Issues” earlier in
this chapter).
Conditional Use Permits A conditional use
permit is a discretionary permit for a particular
use that is not automatically allowed within the
zoning district. The purpose of the use permit is
to allow specific land uses that may be acceptable
but because of their nature and impact (i.e.,
noise, traffic) are not suitable for every location
within a zone. The conditional use permit
protects neighborhoods and prevents negative
impacts on the community as a whole.
Requirements of street dedication and
improvement, landscaping and screening walls,
special architectural features, and restrictions on
hours of operation are common. Schools,
churches, group homes, utility stations, and
daycare centers are examples of conditional uses.
It is common for some uses to be permitted in
some zones but to need a use permit in other
zones.
Conditional Zoning Conditional zoning occurs
when an applicant receives a rezoning for a
specific use from among the uses permitted in the
district. However, as there may be many other
permitted uses in that district, the community has
no assurance of the proposed project occurring.
A similar situation occurs when applicants state
that they will provide specific amenities on the
site upon rezoning. Administrative difficulties
may arise unless the zoning map identifies special
restrictions or requirements placed on the parcel
as a condition of rezoning. The developer’s
“contract” may be unenforceable unless
stipulated by ordinance or by a development
agreement (development agreements between
developers and municipalities were authorized by
the Arizona Legislature in 1988 [A.R.S. § 9-
500.05] and are discussed in Chapter 3).
Arizona’s municipal zoning statute authorizes the
granting of a rezoning subject to the fulfillment of
specific conditions. The conditions authorized are
as follows:
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Dedication of rights-of-way related to
the effects of the rezoning
Site plan or use permit approval
Approval subject to a schedule of
development of the requested use
Nonconforming Uses The early proponents of
zoning were troubled by one inevitable
consequence of adopting zoning in a substantially
developed community: What happens to
nonconforming but pre-existing uses?
Municipalities in Arizona are allowed by statute
to “acquire by purchase or condemnation private
property for the removal of nonconforming uses
and structures."
However, as stated previously in this chapter, the
municipality cannot: “affect existing property or
the right to its continued use of the purpose used
at the time the [zoning] ordinance or regulation
takes effect, nor to any reasonable repairs or
alterations in buildings or property used for such
existing purpose.” [A.R.S. § 9-462.02]
Allowing the continuance of nonconforming uses
as “grandfathered” uses is an option. However,
expansion of the use or an increase in its intensity
might harm the neighborhood that the ordinance
was designed to protect. A compromise allows
nonconforming uses to remain but provides
restrictions on expansion, prohibits change to
another nonconforming use and, upon
abandonment, prevents their re-opening,
reconstruction or re-use except in a manner and
for a purpose permitted in the district in which
they were located. The theory was that the
nonconforming use, with all the restrictions
placed on it, would eventually disappear. There
is little data to demonstrate that this approach
has been effective in solving the nonconforming
use problem.
A.R.S. § 11-830 limits the power of counties to
regulate nonconforming uses.
AND FURTHER MORE…
A nonconforming business use
within a district may expand if
such expansion does not exceed
one hundred percent of the area
of the original business.
A district containing more nonconforming than
allowable uses may create a legal quandary. If,
for example, 50 percent of the dwellings in a
single-family residential district are duplexes, a
property owner wishing to convert their house
into a duplex may successfully challenge the
single-family classification. Any time an
amendment is made to the zoning ordinance
involving a substantial revision and delineation of
new district boundaries, nonconforming uses may
be created. Substantial pressures will be exerted
on the city council and board of supervisors to
leave the official zoning map intact and legal
challenges may follow.
1.
Affect existing uses of property
or the right to its continued use
or the reasonable repair or
alteration thereof….
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 of five or more contiguous
acres.
They CANNOT…
“
”
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The failure of nonconforming uses to disappear
has led communities in other states to take action
requiring, by ordinance, the gradual amortization
of nonconforming uses without compensation to
the property owner. Amortization in a zoning
context describes a procedure by which the
discontinuance of certain nonconforming uses,
usually nuisance uses or signs, is required within a
specified time period. The amount of time
allotted is often tied to the value of the
nonconforming use.
For example, all nonconforming signs in a
jurisdiction must be removed in two or three
years, all nonconforming junk yards or gas
stations must be dismantled in four or five years.
If the nonconforming use is located in an
otherwise conforming building the time span may
be short. Arizona law does not authorize
communities to amortize nonconforming uses. In
the case, Scottsdale v. Scottsdale Associated
Merchants,36 the Arizona Supreme Court held that
the City’s powers to regulate signs derived from
the states’ zoning enabling law, and the only
method available to discontinue signs, even for
charter cities, was payment.
Down-zoning “Down-zoning” may be defined
as a change in a zoning classification that results
in a real or perceived reduction in the value of
the property. It is used by municipalities to
correct inappropriate zoning of tracts of vacant
land. There is no vested right in the continued
enjoyment of a zoning classification unless the
developer has made a start in substantial site
improvements or other construction after
receiving a building permit. (A vested right is a
right given to an individual that cannot be
changed or withdrawn).
36 [583 P.2d 891 (1978)]
Hints for Better Zoning
The following is basic information that will help a
city, town, or county administrator in its zoning
regulations.
Periodically Review and Update the Zoning
Ordinance For example, many communities
have commercial zone requirements that were
designed for the old downtown or strip
commercial developments. When mixed use
project (offices, stores, and residences integrated
on one large site) and regional shopping malls
arrived, local ordinances were entirely inadequate
for handling the parking, design, sign control,
height, and land use problems presented. The
same situation occurred in many jurisdictions with
the boom in mobile home parks and
condominium conversions. As the traditional
family structure changes and our population ages,
the community evolves and development
regulations must adapt to social change as well.
Group living arrangements, amenities for the
disabled, daycare facilities, and ancillary housing
are becoming important features of urban design.
Control Negative Land Use Impacts with
Buffer Zones Between Residential Districts
and Other Uses A buffer zone allows for
“transitional” uses such as professional offices,
churches, and mortuaries which are more
compatible with residential areas because of
minimal noise, odor, light, or traffic impacts.
Building standards: heights, bulk, design, and
screening within buffer zones should be
compatible with the neighborhood. Some
communities are moving towards “performance”
zoning, evaluating the impacts of the use on
surrounding property, in addition to considering
the uses identified as compatible in that zone
classification.
Increase Hillside Lot Sizes As development
creeps onto hillsides, minimum lot sizes should be
increased on a scale proportional to the steepness
of the slope. Building coverage of the lot and
height should be carefully controlled to minimize
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disruption of natural features and to mitigate
adverse visual impacts.
Control the Use of Signs The purpose of a
sign code is to:
Preserve the public safety
Promote the effectiveness of signs by
preventing their concentration,
improper placement, and excessive size
Enhance the flow of traffic and protect
travelers from injury as a result of
distraction or obstruction of signs
Encourage the development of private
property in harmony with the character
of the community
Improve the appearance of the
community
Hearing Officers A.R.S. § 9-462.08 allows
municipalities to establish a zoning hearing officer
who can hold the first public hearings on any
zoning ordinance and make a recommendation to
the city or town council. A hearing officer can
relieve the planning commission of much of the
burden of public hearings so that they could
devote more time to planning and policy matters.
Establish Design or Architectural Review
Boards One purpose of development control is
the protection and improvement of community
appearance and amenities. Architectural and site
plan review may consume a great deal of the
commission’s time and in many cases the
commission cannot provide the necessary
guidance to the applicant so the project can be
improved. A design review board comprised of
professionals can review development projects
and provide the applicant with direction. A well-
rounded board should include an architect,
landscape architect, building contractor, and
attorney, planner – or any combination of these.
This is particularly important in communities
where the professional staff has no design
training or where there is no professional staff.
27 239 U.S. 394 in 1915
28272 U.S. 365 in 1926
29 [A.R.S. § 9-462-01(F)].
30 For example, the planning provision refers to
parks and wildlife areas, but there is no indication
that zoning may be used for these purposes or
that the county may reserve land for such
purposes.
31 City of Tucson v. Arizona Mortuary, 34 Ariz. 495, 272
P.923 (1928).
32 See, e.g., City of Phoenix v. Fehlner, 90 Ariz. 13, 363 P.2d
607 (1965).
33 See Klensin v. City of Tucson, 10 Ariz. App. 399, 459 P.2d
316 (1969) and City of Phoenix v. Felner, 90 Ariz. 13, 363
P.2d 607 (1961).
34 See City of Tucson v. Arizona Mortuary, 34 Ariz. 495, 272
P.923 (1928).
35 See Town of Paradise Valley v. Gulf Leisure Corp. 557 P.2d
532 (1976).
36 [583 P.2d 891 (1978)]
&
Planning
Zoning
HANDBOOK
HANDBOOK
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9
SUBDIVISION REGULATIONS
SITE PLAN REVIEW
&
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The act of splitting a tract of land into separate parcels is considered land
subdivision. Most often, subdividing is done to promote development.
Subdivision regulations seek to ensure that subdivisions are appropriately
related to their surroundings.
In Arizona, subdivisions are treated differently within municipalities than
they are in unincorporated areas of the county. For example, the real
estate and county planning and zoning statutes are so interrelated that
they must be construed together. According to real estate statute A.R.S. §
32-2101, “subdivision” or “subdivided lands” means improved or
unimproved land, divided or proposed to be divided for the purpose of
sale, lease, or for cemetery purposes, into six or more lots or fractional
interests. This excludes the division of land into parcels of thirty-six or
more in area.
Generally, cities and towns have greater authority and can regulate minor
lot splits, a power that is not allowed in counties. Differences between
municipal and county legal authority, and procedures governing the
subdivision of land, are discussed below.
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9.1 MUNICIPAL AUTHORITY
Pursuant to the provisions of A.R.S. § 9-463.01,
the governing body of every municipality shall
regulate the subdivision of all lands within its
corporate limits. The governing body shall
exercise this authority by adopting an ordinance
prescribing:
Procedures to be followed in the
preparation, submission, review and
approval or rejection of all final plats.
Standards governing the design of
subdivision plats.
Minimum requirements and standards for
the installation of subdivision streets,
sewer and water utilities, and
improvements as a condition of final plat
approval.
The Urban Environment Management Act
established the requirements for regulations.
Each community is required by ordinance to
establish the procedures for obtaining approval to
subdivided property and to designate the public
agency to review and approve subdivision plans
[A.R.S. § 9-463.01(B)]. Land may not be
subdivided without an approved subdivision plat,
and approval of the plat may be conditioned
upon the requirements authorized by the Act
[A.R.S. § 9-463.01].
Subdivision Design The Arizona Revised
Statutes permit municipalities to adopt
ordinances governing the design of subdivisions.
“Design” means street alignment, grades and
widths, alignment and widths of easements and
rights-of-way for drainage and sanitary sewers,
and the arrangement and orientation of lots
[A.R.S. § 9-463]. The design and location of
buildings are not within the scope of subdivision
regulations, and the municipality may not refuse
approval because of building location [A.R.S. § 9-
463.02(B)]. However, it may regulate the
location of buildings in its zoning ordinance,
although the zoning ordinance may not give
authority for extensive site plan review.
In addition, subdivision regulations may establish
minimum requirements for the installation of
streets, sewers, and water lines, and may require
the dedication of streets, utility easements, and
rights-of-way [A.R.S. § 9-463.01(B)(3) and
(C)(6)]. The ordinance may also require
performance bonds or other assurances of utility
installation [A.R.S. § 9-463.01(C)(8)]. Municipal
subdivision regulations may contain provisions
that effectively allocate the costs of public
facilities between the subdivider and local
taxpayers; counties lack this authority.
Commonly, regulations require subdividers to
dedicate land for streets and to install, at their
own expense, a variety of public facilities to serve
the development. These often include streets,
sidewalks, storm and sanitary sewers, and
streetlights. If the subdivision is within an Active
Management Area (AMA) as defined by the
Arizona Groundwater Code (45-4502), it must
meet an additional requirement before it can be
approved. The final plat must be accompanied
by a certificate of assured water supply issued by
the Arizona Department of Water Resources
(ADWR) or from a water provider designated by
ADWR as having an assured water supply.
Reservation of Land Under [A.R.S. § 9-
463.01(D)] municipalities are authorized to
require that land areas within a subdivision be
reserved for parks, recreational facilities, school
sites, and fire stations subject to the following
conditions:
The requirement may only be made
upon preliminary plats filed at least
thirty days after the adoption of a
general or specific plan affecting the
land area to be reserved.
The required reservations are in
accordance with definite principles and
standards adopted by the legislative
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body (these should be the principles
and standards from the adopted general
plan).
The land area reserved shall be of such
a size and shape as to permit the
remainder of the land area of the
subdivision to develop in an orderly and
efficient manner.
The land area reserved shall be in such
multiples of streets and parcels as to
permit an efficient division of the
reserved area in the event that it is not
acquired within the prescribed period.
Moreover, the reservation will be effective for
only one year after the recording of the final
subdivision plat. During this time the
municipality must acquire it at a price, which
reflects the fair market value, accrued taxes, and
the developer’s cost of holding it, including
interest on any loan [A.R.S. § 9-463.01(E)]. No
mention is made of the power of eminent
domain if an agreement cannot be reached, but
such power exists by implication or by construing
the general grant of eminent domain authority
[A.R.S. § 12-1111].
Special Regulatory Powers The statute gives
municipalities special regulatory powers over
areas of adverse topography; for example, areas
subject to flooding, earth subsidence, lack of
water, and other hazards. Development may be
prohibited or special regulations established
providing it is not a “taking” [A.R.S. § 9-
463.01(C)(4)]. (See Chapter 3.4 for a discussion
of case law on the subject of takings.) The
municipality may adopt its own procedures for
the preparation and review of subdivision plats.
The law specifically allows municipalities to
require the submission of preliminary plats
[A.R.S. § 9-463.01(C)(1) and (2)]. Although no
reference is made to procedures requiring
development in stages, the authority to require
preliminary plats may generate review procedures
which allow preliminary consideration of an
entire development area, but which grant final
approval to smaller sections of phases, as the
development proceeds. The law does not say that
the approval of a preliminary plat binds the
municipality to final plat approval.
Subdivision Procedures A subdivision, as
defined for cities and towns in A.R.S. § 9-463.02,
means improved or unimproved land or lands
divided for the purpose of financing, sale or
lease, whether immediate or future, in one of
four ways:
Into four or more lots, tracts, or parcels
of land.
If a new street is involved, property
which is divided into two or more
parcels of land.
Any parcel which has been defined in a
recorded plat, which is divided into
more than two parts.
Any condominium, cooperative,
community apartment, townhouse, or
similar project containing four or more
parcels (plats of such projects need not
show the buildings or the manner in
which the buildings or airspace are to
be divided).
Subdivision Plats According to A.R.S. § 9-474,
when a property owner intends to plat and
subdivide land, all or part of which is in an
unincorporated area within three miles of the
limits of a municipality, which has a subdivision
ordinance, the property owner shall first give
written notice of his intent to the municipality,
providing a tentative plat.
To ensure continuity and compatibility with
existing and planned development, the
municipality may submit to the owner a written
report recommending changes in the submitted
plat regarding the location or dimension of
streets, alleys, parks, easements for rights-of-way,
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or property intended to be devoted to the use of
the public. One copy of the report shall be
delivered to the board of supervisors of the
county. If the owner gets such a report within 30
days, he or she will revise the plat so as to
accurately conform to the report.
The plat shall particularly set forth and describe:
The dimensions, boundaries and courses
of land within the subdivision to be
used for public purposes or offered for
dedication for public uses.
The dimensions, boundaries and courses
of lots intended for sale, or reserved for
private use, identified by number or
letter.
The location of the subdivision into lots
with reference to adjacent subdivisions,
the maps or plats of which have been
previously recorded, or if none, then
with reference to corners of a United
States survey, or if on land unsurveyed
by the United States, then to some
prominent artificial monument
established for such purpose.
9.2 COUNTY AUTHORITY
Under A.R.S. § 11-806.01, the county boards of
supervisors are granted the power to regulate the
subdivision of lands within their boundaries,
except for those subdivisions that are regulated
by municipalities. The purpose of this provision
is to ensure that consumers who purchase lots in
residential developments are provided with
adequate streets, utilities, drainage, and generally
pleasant, healthy and livable surroundings.
Counties have express power to approve
subdivision plats as paraphrased from A.R.S. §
11-806.01:
No plat of a subdivision of land within the
jurisdiction of the county shall be recorded
until it has been approved by the board, in
writing on the plat, and includes specific
approval of the assurances required by this
section. Where a county planning and zoning
commission exists, the plat shall first have
been referred to the commission for its
consideration and recommendation. If the
subdivision is within a groundwater active
management area, as defined in A.R.S. § 45-
402, the plat shall not be approved unless
accompanied by a Certificate of Assured
Water Supply issued by the Director of Water
Recourses, unless the subdivision is located
within an area designated as having an
assured water supply K pursuant to A.R.S. §
45-576 or is exempt from the requirement,
to be noted on the plat.
The reason for refusal or approval of any plat
shall be stated upon the record of the board.
The commission shall recommend to the
board, and the board shall adopt general
rules and regulations of uniform application
governing plats and subdivisions within its
jurisdiction. The regulations adopted shall
secure and provide for the proper
arrangement of streets, utilities, drainage,
access of fire fighting apparatus, recreation,
adequate light and air. The board may adopt
general rules and regulations to provide for
the proper arrangement of hiking and
equestrian trails in relation to existing or
planned streets or highways. The general
rules and regulations may provide for
modification by the commission in planned
area developments (PADs) or specific cases
where unusual topographical or other
exceptional conditions may require such
action. The regulations shall include
provisions for installing water, sewer and
other facilities on the plat as a condition of
approval of the final plat.
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This provision is broad enough to permit the
adoption of subdivision regulations. It authorizes
the review of subdivision plans to determine the
adequacy of proposed streets, utilities, drainage,
physical placement of structures, and open spaces
for recreation. However, there are no express
provisions for design review, the reservation of
land for public facilities, the dedication of land,
or for staged development. Although the statute
refers to planned area development, it does not
identify the procedures or standards for planned
area developments.
The county platting provisions neither define
“subdividing” nor require the approval of a plat
before land can be subdivided. State law,
however, requires that the State Real Estate
Commissioner be given notice before subdivided
lands may be sold and notice will not be effective
unless accompanied by a recorded map of the
subdivision [A.R.S. § 32-2181(A6)]. Since the
board of supervisors’ approval is required before
the plat can be recorded, the statute’s failure to
require subdivision plat approval should not be
significant.
Counties too are able to require that sites within a
subdivision for parks, recreational facilities,
schools, and fire stations be set aside and
reserved for a year [A.R.S. § 11-806.02]. The
provisions are similar to those for municipalities
described earlier.
9.3 PREPARING SUBDIVISION
REGULATIONS
Subdivision regulations require a more
sophisticated administrative process than do
conventional zoning regulations. In addition to
prescribing the precise location of future lot lines,
subdivision regulations provide specific design
standards. The local planning commission or
governing body then applies these standards to
preliminary and final plats.
Like the zoning ordinance, subdivision regulations
are a tool to implement the general or
comprehensive plan. There are common
elements to most codes, but they should reflect
the need and character of each community.
Preferably, the code should be written for the
user in clear, concise language. Proposed
regulations must be formulated carefully to
ensure that they complement and reinforce
existing development ordinances and should be
reviewed by the city or county engineer.
Applicability of Regulations In preparing
subdivision regulations, purpose, intent, and
administration must be considered. Where
possible, regulations, standards, procedures, and
guidelines from neighboring communities and
counties should be reviewed for standardization.
Saving of time and money may be achieved
where communities with contiguous boundaries
standardize their development requirements.
The planning commission and elected officials
should be kept informed and review the draft
ordinance, but need not be actively involved in
preparing the document unless policy decisions
are required.
When drafting regulations, the following should
be considered:
Be critical
How will the particular requirement improve
the product or process? Will it provide only
necessary information? It is clear? Is it
subject to abuse?
Provide flexibility
Make it possible for new concepts or
alternative techniques such as creative
treatment of cul-de-sacs, or clustering of
residential units allow for more effective use
of open space to be considered.
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Build in time limits and due process
Impose time restrictions on reviews, within
the staff’s ability to respond, to avoid
administrative delays. Require that all
decisions and conditions be reduced to
writing and recorded with the plat.
Develop a companion set of engineering
Improvement specifications
Include engineering standards such as the
MAG (Maricopa Association of Governments)
specifications for public works construction
with cross-sections and other details for
streets, drainage areas, water lines, sewer
lines, concrete work, bicycle paths, and other
improvements. This will ensure uniform
construction standards for public facilities.
Make use of support documents
It may be necessary to develop specific
guidelines to assist a subdivider in achieving
the community’s development goals such as
landscape and architectural design standards,
a hillside ordinance, and manufactured home
subdivision requirements.
Provide a checklist to guide project review
With a checklist the developer, staff, public,
elected body, and planning commission will
all know what is to be considered in the
project review.
Assurance of Project Completion In case of
default by the developer requiring the jurisdiction
to build project improvements, the city or county
should require a financial guarantee from all
subdivision applicants. Some communities
require funds, based on a percentage of the cost
of site improvements, to be placed in escrow for
the duration of the project. Others require
performance bonds.
A financial guarantee, such as a letter of credit
from the banking institution financing the
development, provides the community with
financial security that project improvements will
be installed. The city or county should always
review the assurance documents to make certain
they are in legal form and will protect the
jurisdiction. A financial guarantee should be
released only on final approval of the council or
board.
The assurance or guarantee should be made for a
specific time period, typically one or two years
for a recorded project phase. If no improvements
are made, the financial assurance can be used or
the subdivision vacated. The community also has
the option of withholding building permits or
certificates of occupancy until all improvements
are in place. However, this should be stated as a
condition of original project approval.
Special Cases An administrative section on
variances and planned area developments (PADs)
should be included in the subdivision regulations.
The submittal requirements for PADs and
subdivisions should be identical to simplify and
streamline the process so that the developer may
obtain a PAD and subdivision review
simultaneously.
Economic hardship should not be a valid
consideration for approval of a variance; it is the
purchaser’s obligation to obtain property at a
price that reflects it usability. The practice of
pleading hardship should not be used to convert
a marginal investment into a profit. In the end,
the community pays the long-term costs of
substandard subdivisions. (For more discussion
on variances see Chapter 8).
Development Fees A municipality may assess
development fees to offset costs associated with
providing necessary public services to a project,
according to A.R.S. § 9-463.05. Development
fees assessed by a municipality under this section
are subject to the following requirements:
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Development fees shall result in a use
beneficial to the development.
Money received from development fees
shall be placed in a separate fund and
accounted for separately and may only
be used for the purposes authorized by
this section.
The municipality shall provide the fee
schedule. The developer of residential
dwelling units shall be required to pay
development fees when construction
permits are issued.
The amount of any development fees
assessed must bear a reasonable
relationship to the burden improved
upon the municipality to provide
additional necessary public services to
the development.
Development fees shall be assessed in a
non-discriminatory manner.
A municipality must give at least thirty days
notice of intent to assess a new development fee,
or increase an existing development fee. The
municipality must also conduct a public hearing
at least fourteen days prior to the scheduled date
of adoption of the new or increased fee. A
development fee shall not be effective until
ninety days after its formal adoption by the city
or town council.
Miscellaneous Requirements The subdivision
process should also include the following:
9 Dedication statements for inclusion on the
final plat.
9 Reservation agreements for public land.
9 Owners' signature blocks.
9 Engineers' and surveyors' signature blocks.
9 Public officials' signature blocks.
9 Sample work for any improvement or
landscaping agreements.
9 Sample letters of financial support.
9 Street design elements including cross-
sections, intersections, cul-de-sac
alternative designs, etc.
9 List of allowable street vegetation.
9 Examples of sketch plans, preliminary plats,
and final plats.
9 Development guidelines, landscape
guidelines.
Administrative Provisions This section
includes penalty clauses, disclaimers, amendment
procedures, public hearing procedures, a sever
ability clause, and resubdivision procedures.
Appendices This section may include sample
application forms, review checklists, flow charts of
administrative procedures, design graphics, and
fee schedule.
9.4 PLAT REVIEW PROCEDURES
The review process provides adequate
opportunity for negotiations and changes before
project plans are finalized and the applicant
makes considerable expenditures. There are
usually three stages of plat review:
Preapplication Conference
Preliminary Plat Review
Final Plat Review
9.4.1 Requirements
The process of plat review should specify:
Information to be submitted (i.e. the plats,
support data, legal descriptions, fees, etc.)
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The way in which materials should be
submitted (i.e. number of copies, scale,
format, size of sheets, etc.)
Who will participate in the reviews.
The sequence and time available for the
process.
Engineered improvement plans for streets,
utilities, drainage, etc.
9.4.2 Conditions of Approval
According to A.R.S. § 9-463.01(H), municipal
approval of preliminary and final plats is
conditioned upon compliance by the subdivider
with:
Requirements…
of the Arizona Department of
Transportation relating to safety
provisions in accessing property abutting
a state highway.
Requirements…
of the county flood control district
relating to construction of streets on
land subject to periodic flooding.
Requirements…
of the Arizona Department of
Environmental Quality or the county
health department relating to the
provision of domestic water supply and
sanitary sewage disposal.
If the subdivision is within a groundwater Active
Management Area (AMA), as defined in A.R.S. §
45-402, the preliminary plat shall not be
approved unless accompanied by a certificate of
assured water supply issued by the Director of
Water Resources; unless the subdivision is located
within an area designated as having an assured
water supply by the Director of Water Resources
pursuant to A.R.S. § 45-576, subsection D, E, G or
I; or its exempt from such requirement pursuant
to A.R.S. § 45-576(K)
The governing body shall note on the face of the
preliminary plat that a Certificate of Assured
Water Supply has been submitted with the plat or
that the proposed subdivision is within the
designated area.
Final Plat Every municipality is responsible for
the recording of all approved final plats. The
municipality receives the county recording fee
and transmits the plat and fee to the county. The
planning commission need not review final plats
if the plat complies with the conditions attached
to the preliminary plat. To save time and free the
planning commission from rubber stamp chores,
the final plat can be reviewed by staff and sent
directly to the legislative body for their review
and acceptance. Only the elected body can
accept streets or other dedications to the public;
therefore the city council or the board of
supervisors must take the final action.
9.4.3 Pre-application Conference
It is essential that the staff (i.e. the planning
director and the city or county manager) meet
with developers to discuss design concepts before
any planning is undertaken. This is the time to
provide the developer with a copy of all pertinent
community development requirements, goals,
and policies and encourage them to purchase a
copy of the general and comprehensive plan and
the zoning and subdivision ordinances. The
purpose of the pre-application conference is to
communicate. The developer provides the
community with information about the proposed
project: the desired land use, the overall design
concept, location of the property, and general
infrastructure needs such as extension of utilities,
roads, drainage improvements, etc. In turn,
information and feedback should be provided to
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the developer from the municipal or county staff
responsible for:
Planning and design
Public works and engineering
Utilities: water and sewer
Flood control and drainage
Waste disposal
Public safety: police and fire
Finance
Transportation
Parks, recreation, and library
To streamline the process, the city or county
manager may form a development review team
made up of staff from planning, engineering, and
other development-related disciplines to answer
questions, coordinate the plan or plat review, and
generally assist the applicant through the process.
If the community lacks professional staff, the city
council or board of supervisors may direct the
planning commission to appoint a development
subcommittee from their members or hire a part-
time professional planner or registered
engineering consultant to meet with applicants
and review proposed development projects.
Some municipalities and counties involve the
elected officials early in the process to review a
“sketch plan” of the proposed project submitted
by the developer. This requires the same
information as a preliminary plat (but a lesser
degree of detail) and in some jurisdictions, is
reviewed by both the planning commission and
the legislative body. Thus elected officials can
voice their opinions regarding the project without
taking an official action and before money is
spent.
This approach takes more time but may be
desirable where a full staff is not available, the
area’s policies are not well defined, or when the
project is a new concept or very complex. In
some jurisdictions the planning commission may
review and approve the preliminary plat without
action by the legislative body. If the commission
recommends the final plat for approval, the
council or board must still hold a public hearing
to review and approve or disapprove the
subdivision.
9.4.4 Preliminary Plat Review
At one time the preliminary plat review served
the same purpose as the pre-application
conference. However, with the increased cost,
complexity, and scale of master planned projects,
the flexibility to alter the preliminary plat after its
completion has been substantially reduced.
The preliminary plat is a detailed mapping of the
project as discussed at the pre-application
conference. Upon its review by the city council or
board of supervisors, the preliminary plat may be
rejected, conditionally approved subject to
modifications, or approved outright. The
approved preliminary plat should be effective for
a limited period of time, for example one year, to
encourage the timely development of the site.
It may be undesirable or infeasible for a
developer to subdivide the entire property at one
time, especially if large tracts will be sold to other
builders. For example: a developer may purchase
a 500 acre site, subdivide it into seven tracts of
land, further subdivide and develop two of the
tracts, and sell the remaining five tracts to other
builders who will further subdivide the land. In
this situation, it is almost essential that the
developer prepare a master land use and
circulation plan for the property to coordinate
development. Therefore, to allow the developer
the flexibility to respond to market demands,
communities accept partial or phased plat
submittals, which will make up the final plat like
pieces completing a puzzle.
The community’s plan review process should
include written comments from agencies
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responsible for serving the proposed
development project such as:
Local school districts
Local power company
Telephone company
Water and sewer utilities
Waste collection service
Fire district
Irrigation district
Public safety agencies
County flood control district
County health department
State and county highway department
Adjacent municipal or county
governments (if the area is
unincorporated and lies within three
miles of a municipality).
A meeting with representatives from these
agencies to evaluate proposals can greatly assist
the staff in the review process.
9.4.5 Final Plat Review
At the final plat stage, legal commitments,
dedications, financial guarantees, and any other
special agreements must be completed. All
agreements between the subdivider and the
county or community should be in writing and
recorded with the plat. Approval of the final plat
by the elected body releases the city or county
from further control over the process, with the
exception of construction plan review and
construction inspections to ensure compliance
with improvement plans. When approval of a
plat is denied, the reasons should be stated and
recorded in the minutes of the public hearing.
9.5 SITE PLAN REVIEW
Site planning is very important. It establishes the
character of that neighborhood or commercial
area. Site plan review is the systematic
assessment of land development proposals in
terms of a community’s land development
policies and regulations, and commonly accepted
site design practices.
Site plan review encourages…
Conformance to the general or
comprehensive plan
Conformance to zoning and zoning
processes
Adherence to community design policy
Resolution to technical planning issues
Sources of site design regulations may be found
in a community’s plan, zoning and subdivision
ordinances, site plan review manual, or building
code. The design standards in a subdivision code
usually prescribe treatment of open space, slopes,
floodplains, drainage ways, and other
environmentally sensitive areas reflecting the
community’s goals, image, and lifestyle. Design
standards are intended to ensure safe and
convenient circulation for pedestrians, bicycles,
and vehicles; adequate parks and recreational
services; provision of quality water and sanitary
sewer service; and storm drainage facilities.
Site plan review examines the impact of the
project on its surroundings at various levels:
Community-wide (with reference to the
general or comprehensive plan)
Within a sub-area or neighborhood
In the immediate vicinity
The site itself
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The six elements to be reviewed are:
Land use characteristics
Circulation system both vehicular and
non-vehicular
Utilities
Architectural design
Public facilities and services
Open space
The review may be broken down further into
“off-“ and “on-“ site factors.
Off-Site Factors
General or comprehensive
plan
Area development trends
Zoning
System capacity
Oversizing needs
Off-site drainage
Relationship to capital
improvements program
Accessibility
Roadway capacity
Community form (image)
Open space linkages
Public safety
Parks
Schools
Library
On-Site Factors
General, comprehensive,
and specific plans
Natural features
Adjacent land uses
Availability and quality of
water
Storm water management
Access to underground
utilities
Access to sewer or septic
tanks
Solid waste disposal
Roadway access (service
and operations)
Street categories
Continuity
Parking
Transit access
Pedestrian and bicycle
paths
Equestrian system
Street cross sections (rural
or agrarian)
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Land Use
Utilities
Circulation
Public Facilities
& Services
Land Use
Utilities
Circulation
Design
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Preservation of site features
Screening and buffering
Landscape design
Signs
Architecture and layout
Lighting
Dedication requirements
Open spaces
Access for and availability
of public safety services
Fiscal impact
9.5.1 Land Use Guidelines
Locate compatible land uses to each other.
Buffer incompatible uses from each other.
Locate uses close to that part of the circulation
system that is best suited to serve them.
Locate uses so as to minimize changes in
existing topography and vegetation.
Locate uses according to the general or
comprehensive plan.
9.5.2 Circulation Guidelines
Establish categories of streets according to
their purpose.
Strive to minimize pavement.
Separate parking from access drives.
Separate the movement of goods from the
movement of people.
Separate pedestrians from vehicular routes.
Keep the distance from parking place to
structure to no more than 600 feet.
Access roads should line up at intersections
such that four-way intersections are created.
Offset or “dogleg” intersections should be
avoided. If doglegs are necessary, ensure a
distance between offsets of a least 150 feet.
Roads should intersect at as close to 90
degrees as possible. Cul-de-sac streets should
have a limited length of, for example, 150
feet. Diagonal parking bays are easier to use
than those perpendicular to the aisles.
9.5.3 Basic Site Design Guidelines
Buildings should not be in floodplains.
Minimize changes to the natural terrain.
Preserve healthy, attractive tree stands.
Make open space accessible to the user.
Link open spaces through the site and to
adjacent areas.
Design drainage retention basins to reflect site
aesthetics as well as utility of function.
Separate housing from major noise-producing
sources.
Buffer incompatible or conflicting land uses
from one another. (A buffer is open space or
materials that create visual or physical
separation between the uses).
Open space
Landscaping
Fences or walls
Earth berms
Compatible, transitional land uses.
Restrict development on sensitive lands such
as:
Design
Public Facilities
& Services
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Steep slopes
Marshlands/wetlands
Landfills
Areas of unique vegetation or
forestation.
There is usually a catch-all clause that identifies
and requires other improvements that are not
specifically mentioned but are needed because of
the peculiarities of the site. In all, the subdivision
application process should require: (1) the
submittal and review of on- and off-site
improvement plans, (2) inspection of
improvements during all phases of construction,
and (3) submittal of as-built plans for municipal
or county records.
9.6 PLANNING COMMISSION'S
RESPONSIBILITY
The principal responsibilities of the planning
commission in subdivision regulations are:
Protection of public interest in seeing
that:
new developments pay for the costs
they create.
the project does not disrupt existing
services i.e. overburden existing roads,
utilities, schools or diminish the
environmental quality of the area
(excessive cuts on hillsides, removal
trees, pollution of streams and lakes,
and destruction of wildlife habitats).
the subdivision doesn't create health or
safety hazards by building in landslide
areas, floodplains, or on soil with poor
percolation when septic tanks are
proposed.
Provision for the future in that:
the subdivision should provide rights-of-
way for the major street network and set
aside appropriate sites for public
facilities such as schools, parks, and fire
stations to serve the occupants of the
development. The general location of
these sites should be designated in the
community’s general or comprehensive
plan.
urbanization should not occur with rural
standards. Unpaved roads, failing wells,
septic tanks, and open drainage ditches
will not support increasingly dense
development. The cost of providing
improvements after the area has been
built up will be more than it would have
been in the initial stages of
development.
Need and timing:
The economic feasibility of the proposed
project should be considered to a certain
extent. Premature or speculative
subdivisions result in isolated streets,
scattered housing, failing homeowners'
association facilities; they place a financial
burden on the entire community and
inflate the price of land. All of this adds to
the tax burden of the community without
offsetting revenues.
Location:
The proposed subdivision should fit into
the existing pattern of streets and utilities
to reduce traffic circulation problems.
Avoid the high cost of extending roads,
utilities, and urban services to "leapfrog"
development.
Lot splits: In counties it is possible to evade
compliance with subdivision requirements
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by splitting land into five parcels because
the statutes define a subdivision as
consisting of six or more lots.
Cumulatively, lot splits can transform an
area into a checkerboard of unimproved
lots lacking dedicated access, paved roads,
utilities, or assured water supply. Residents
of these pseudo-subdivisions must bear the
cost of improvements because the
community is unable or unwilling to pay
for the basic services that should have been
provided by the subdivider.
According to A.R.S. § 9-463.01 city or
town councils may, by ordinance, regulate
land splits within their corporate limits,
require proof of sufficient potable water
supply, and dedication of rights-of-way.
Land splits, (often called lot splits) as used
in this article, means the division of
improved or unimproved land whose area
is two and one-half acres or less, into two
or three parcels, for the purpose of sale or
lease. A lot-split ordinance should require
subdividers to record these splits with the
city and pay for their share of public
improvements rather than passing these
costs on to the rest of the community. It
also allows the municipality to check that
the lot is of legal size and shape, has the
required street frontage, and so on.
The lack of authority for counties to
regulate such lot splits is one of the most
important deficiencies in county authority
to regulate development.
9.7 SOLAR SITE PLANNING
Arizona is well known for its abundant sunshine.
Considering solar access in land use planning, and
using construction techniques to take advantage
of solar energy can reduce the need for outside
sources of energy and improve living conditions.
Arizona's Solar Laws Solar planning
considerations were first enacted by the Arizona
Legislature in 1979. The Legislature gave local
governments the power to allow solar access and
to adopt solar building codes. The 1980
Legislature passed laws voiding the prohibition of
solar energy devices by future deed or covenant
restrictions. The Arizona Department of
Administration was also required to consider the
use of solar energy in all new, large state
buildings.
The statute providing for municipal general plans
[A.R.S. § 9-461.05] specifically states that
the land use element shall
include consideration of access to
incident solar energy for all general
categories of land use
Conventional land use controls may be used to
provide for and protect solar access in new
residential development for space heating,
cooling, domestic hot water, and electrical
generation. Unless communities plan now for the
future use of solar energy, uncontrolled
development could make it impossible for solar
energy development to occur.
Providing for and protecting solar access means
regulating development in such a way that
streets, lots, buildings, and vegetation provide the
maximum access to sunshine. It also means
allowing for the prevention of non-beneficial
sunshine. Whereas the position of the sun at any
given time or date is predictable, planning and
protecting solar access means regulating the
direction and length of shadows. This is closely
related to traditional land use and building
regulation for protection of access to light, air,
and views.
Land Use Regulation Solar access can be
protected by using the existing police power
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authority or through private development
agreements using covenants or easements.
Zoning, subdivision regulations, environmental
impact statements, and transportation planning
can also be used to protect solar access. The
directional placement, width, surface material,
and landscaping of streets and rights-of-way can
have a substantial impact on protecting solar
access, as well as reducing the amount of heat
generated by streets.
Solar planning, like many other forms of
planning, frequently involves political decisions.
Communities must choose the level of regulation
suitable for local policies and develop alternatives
within a solar access plan that ensure the
appropriate balance of police power and
property rights while accomplishing energy
conservation and solar energy utilization. The
best way to plan for and protect solar energy is to
incorporate a concern for solar access into the
regular planning procedure.
Planning is absolutely necessary to support the
regulatory activities that are certain to be
required for protecting solar access (or solar
rights). Land use control decisions must be
consistent with the general or comprehensive
plan. As in other regulations that benefit some
landowners while placing restrictions on others,
court challenges are expected. A well-
documented plan for solar access is necessary to
show that there is a rational and fair basis for
imposing the regulations.
Data Collection Basic information must be
gathered before sound solar access protection
measures can be developed. For example, the
latitude and elevation of the community as well
as the topography and prevalent vegetation have
a distinct impact on tailoring guidelines and
regulations. The types of solar design techniques
and equipment applicable to the specific site, as
well as size, weight, spatial needs, and other
questions must be answered before solar access
protection can be implemented.
Public Participation X Because solar access
regulations may affect the use of some property,
it is wise to involve the community in developing
policies. Education and training of key staff and
community leaders in the early stages is essential.
Early public involvement is also necessary to
make final implementation much easier. The
more the community understands how the
regulation of solar energy will benefit both
individuals and the community itself, the more
effective guidelines and regulations will be.
Evaluation X Preliminary planning can provide
a base of information to measure the success of a
solar energy program. For example, in order to
know how much energy is saved by promoting
solar planning, it is necessary to know how much
energy was used before the program was in
effect. The preliminary planning stage is the time
to develop a base of information from which to
make comparisons and analyze the results of the
program.
For further information on solar energy
programs contact…
Arizona Solar Center
4309 E. Marion Way
Phoenix, AZ 85018
www.solar center.com
&
Planning
Zoning
HANDBOOK
HANDBOOK
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APPENDIX A:
Glossary
APPENDIX B:
Arizona Municipal Planning Authority
APPENDIX C:
Land Rights Diagram
APPENDIX D:
County Planning Authority
APPENDIX E:
Growing Smarter 1998/Plus General
Plan Elements-Cities
Towns
APPENDIX F:
Growing Smarter 1998/Plus
Comprehensive Plan Elements-Counties
&
108
APPENDIX A
GLOSSARY
108
The following material has been compiled from The Planning
Commissioner's Guide by David J. Allor (Chicago: Planners Press, 1984)
and The Job of the Planning Commissioner by Albert Solnit (Chicago:
Planners Press, 1987).
Many people who come into a group dealing with the terminology of
planning and zoning are often as unable to handle the "language barrier"
as a traveler in a foreign country. The following terms are among the most
commonly used in planning work. An understanding of their meaning
should allow the new commissioner or board member to communicate
with planners, zoning administrators, and veteran commissioners and
board members.
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Abandonment
(1) A situation where a residential building is
abandoned by its owner. There are two typical
situations in which this occurs. The first is the
case of an old apartment building requiring
extensive and costly renovations and occupied by
poor families who cannot pay higher rent to
recompense the owner for the renovations. The
second is the case of the single-family home
financed under federal mortgage insurance
programs and abandoned because of inability to
pay or because of poor quality, with lending
institutions and builders profiting and the
government and taxpayer losing. In either case,
abandonment leads to a cycle of further
deterioration, vacancies, and vandalism. A
mortgagee is often unwilling to foreclose in
situations where mortgages are not insured,
because foreclosure may simply mean assumption
of the unprofitable dilemma from which the
owner has fled. After a number of years of the
owner's failure to pay taxes, the city may be
forced to foreclose and thus inherit the problem.
In the case of insured mortgages, HUD assumes
ultimate responsibility. (2) The giving up of a
public right-of-way to the adjoining property
owner.
Abatement
Any action taken to reduce, relieve, or suppress
another continuing action. There are two
relevant forms: a summary abatement, which is a
legal action taken to suppress the continuation of
an offensive land use; and a tax abatement,
which is a release or forgiving of a certain tax
liability for a specific period of time and under
certain conditions.
Abutting Owner
Aperson holding legal interest in real property in
contact with property cited in an application,
petition, or request pending before a commission,
council, or board.
Access
(a) Freedom of approach, action, or
communication. Access of the public applies to
all legislative and quasi-legislative processes and
to all transcripts and reports of such bodies. (b)
The route or path to reach a lot or tract of land.
Accessory Use
An activity or structure incidental or secondary to
the principle use on the same site.
Adopt
Defined as "to make one's own". The term can
have substantive, formal, and functional
meanings. It can mean to substantively direct
future decision-making, as in the adoption of a
policy. It can be used formally, as in the
adoption of by-laws that govern a commission's
or the adoption of a general plan by a town
council.
Air Rights
The right to use the air space over the property of
someone else, typically over railways and
highways. With modern materials and acoustical
treatment, the use of air rights in such a situation
can create extensive building space where none
seems to exist. The necessary engineering usually
requires that the building be a major structure in
both size and cost.
Amend
To improve or change for the better by removing
defects, faults, or inappropriate or inoperable
provisions.
Amortization
A term used in zoning to mean the process by
which nonconforming uses and structures must be
discontinued or made to conform to requirements
of the ordinance at the end of a specified period
of time. The term itself is a bastardization of the
real estate term by which borrowers are required
to pay back a debt in regular payments over a
fixed period of time, e.g., installment payments
on the principal on a mortgage. State law
doesn't allow this in Arizona.
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Annex
To absorb by legal incorporate: to expand the
limits of a municipality.
Application
The formal preparation and submission of a
specific request that asks a decision of a planning
commission or board of adjustment. There
should be established forms for the submission of
requests.
Appoint
To designate or assign authority for a particular
function, position, or office. Appointment is
wholly separate from election.
Architectural Control
Regulations and procedures requiring structures
to be suitable, harmonious, and in keeping with
the general appearance, historical character, or
style of their surrounding area. Critics have
suggested that architectural controls legislate
"taste" and require "new antiques" in historical
zones, thereby cheapening the real landmarks.
Defenders point out that a community that has an
historical character or prevailing architectural
design should protect and preserve it from the
cheap and vulgar, most particularly from building
packages of national chains of fast food
franchises, filling stations, or others whose
trademark is the flashy building and sign.
Bonuses; Incentive Zoning
The awarding of bonus credits to a development
in the form of allowing more intensive use of the
land, if such public benefits as additional open
space are provided, special provisions for low-
and moderate-income housing are made, or
public plaza and courts are provided at ground
level.
Buffer Zone
A strip of land created to separate and protect
one type of land use from another. For example,
a screen of planting or fencing can be used to
insulate the surroundings from the noise, smoke,
or visual aspects of an industrial zone.
Building Area
The total square footage of a lot covered by a
building measured on a horizontal plane at mean
grade level, exclusive of uncovered porches,
terraces, and steps.
Building Code
Regulations governing building design,
construction, and maintenance based on the
government's police power to protect the health,
safety, and welfare of the public. Policies vary in
different jurisdictions and within cities and
counties so far as enforcement is concerned.
Codes may not be enforced in whole areas
because it is impractical to do so. The need for
enforcement, however, may suddenly be raised
as justification for a project.
Building Envelope
The net cubic space that remains for placing a
structure on a site after building line, setback,
side yard, height, and bulk regulations are
observed.
Building Line
A building limit fixed at a specific distance from
the front or side boundaries of a lot beyond
which a structure cannot lawfully extend.
Bulk Regulations
Zoning or other regulations that control the
height, mass, density, and location of buildings,
and set a maximum limit on the intensity of
development so as to provide proper light, air,
and open space.
By-laws
A set of rules of procedure that regulate a
commission or board’s internal affairs and
facilitates the discharging of its responsibilities.
Capital Improvement Program
A governmental timetable of permanent
improvements budgeted to fit the fiscal capability
of five or six years into the future. A planning
commission is often given the authority to
develop and review the CIP, thereby linking
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planning to the annual budgeting process.
Carrying Capacity
The level of land use or human activity that can
be permanently accommodated without an
irreversible change in the quality of air, water,
land, or plant and animal habitats. In human
settlements, this term also refers to the limits
beyond which the quality of life, community
character, or human health, welfare, and safety
will be impaired.
Cluster Development
Development that allows the reduction of lots
sizes below the zoning ordinance's minimum
requirements, if the land thereby gained is
preserved as permanent open space for the
community. Often the developer will try to offer
as open space the unbuildable lands, i.e.
drainageways, steep gullies and ravines left over.
Code Enforcement
The attempt by a government unit to cause
property owners to bring their properties up to
standards required by building codes, housing
codes, and other ordinances. Code enforcement
can be a prime instrument in arresting urban
deterioration.
Combination Zoning
Zones which are superimposed over the zones
which either add further requirements or replace
certain requirements of the underlying zone.
They are a form of overlay zoning except they
normally are wholly within other zones or may
apply to only parts of zones, i.e. airport
approach, conservation, equestrian, hillside,
mobile home, general planned development, and
scenic reservation. Buffer zones, where a higher
intensity zone abuts one of lower intensity, may
be applied as combination zones.
Commission
A committee of persons legally organized to
administer certain laws or discharge certain
functions that constitute a public office. A
planning commission is such an appointed
committee of persons.
Community Facilities
Public or privately owned facilities used by the
public, i.e. streets, schools, libraries, parks; also
facilities owned by nonprofit private agencies, i.e.
churches, safe houses, and neighborhood
associations.
Compatibility
The characteristics of different uses or activities
that permit districts to be located near each other
in harmony without conflict. The designation of
permitted or special-permit uses in a zoning
district is intended to achieve compatibility within
a district. Elements to be assessed in determining
compatibility include: intensity of occupancy as
measured by dwelling units per acre; floor area
ratio; pedestrian or vehicular traffic generated;
volume of goods handled; and environmental
impacts i.e. noise, vibration, glare, air pollution,
or radiation.
Compliance
An enforceable and effective inducement to
secure action in accord with some legally binding
regulation.
Condemnation
The taking of private property by a government
unit for public use (eminent domain), when the
owner will not relinquish it through sale or other
means. The owner is recompensed by payment
of "market value." The term "to condemn" is
used to indicate determination by a government
agency that a particular building is unfit for use
because it is structurally or otherwise unsafe or
unhealthy.
Conditional Rezoning
The attachment of special conditions to a
rezoning which are not spelled out in the text of
the ordinance. Along with other devices to assure
compliance, it may bind the developer to the
conditions through filing a covenent.
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Conditional Use
A use that may locate in certain zoning districts
provided it will not be detrimental to the public
good nor impair the integrity and character of the
zoned district, or will not be unsuitable to the
community at large. Examples of conditional
uses permitted in a commercial, industrial, or
agricultural zone are temporary carnivals,
religious revivals, and rock concerts.
Condominium
The legal arrangement in which a dwelling unit in
a residential development is individually owned
but in which the common areas are owned,
controlled, and maintained through an
organization consisting of all the individual
owners.
Consensus
Agreement. The majority vote is a special form of
legal consensus.
Conservation Easement
A tool for acquiring open space with less than
full-fee purchases; the public agency buys only
certain specific rights from the owner. These may
be positive rights, giving the public rights to hunt,
fish, hike, or ride over the land, or they may be
restricted rights limiting the uses to which the
owner may put the land in the future. Scenic
easements allow the public agency to use the
owner's land for scenic enhancement, i.e.
roadside landscaping and vista point
preservation.
Conversion
The partitioning of a single-dwelling unit into two
or more separate households, or the conversion
of the use of an existing building into another
use.
Cooperative
A group of dwellings owned jointly by the
residents. The purchase of stock entitles the
buyer to sole occupancy but not the individual
ownership of a specified unit. Like a
condominium, the cooperative arrangement
offers certain flexibilities in design and economies
in development and maintenance.
Cost Benefit Analysis
An approach to evaluating the advantages and
disadvantages of a project, policy, action, etc. in
which an attempt is made to quantify the various
results, so that the pros and cons can more
objectively be compared with one another. At
worst, it imposes a false “objectivity” by giving
erroneous dollar value or other numerical value
to such matters as attitudes, visual quality, and
other concerns that resist quantification.
Dedication
A turning over of private land for public use by
an owner or developer, and its acceptance for
such use by the governmental agency in charge of
the public function for which it will be used.
Dedications for roads, parks, and school sites, or
other public uses are often made conditions for
the approval of a development by a planning
commission.
Dedication, Payment In Lieu Of
Cash payments required as a substitute for a
dedication of land by an owner or developer,
usually at so many dollars per lot. This
overcomes the two principal problems of land-
dedication requirements by applying the
exactions on development more equitably, and
by allowing purchase of sites at the best locations
rather than merely in places where the
development is large enough to be required to
dedicate a school or park.
Deliberation
A process that includes the careful weighing of
facts, objectives, arguments, and law with a view
to considerate and dispassionate choice or
decision.
Density, Control Of
A limitation on the occupancy of land. Density
can be controlled through zoning by one method
or a combination of the following: use
restrictions of single- or multifamily dwellings;
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minimum lot size requirements; floor area ratio;
land-use intensity zoning; setback and yard
requirements; minimum house-size requirements;
ratios between the number and types of housing
units and land area; direct limitations on units per
acre; requirements for lot area per dwelling unit;
and other means. The major distinction between
different residential districts often is in their
allowable density.
Density Transfer
A technique of retaining open space by
concentrating residential densities, usually in
compact areas adjacent to existing urbanization
and utilities, with outlying areas being left open,
so that the residential density of the entire
community will average out at the same number
of dwelling units as if the community were
developed end to end with large lots.
Development Rights
A broad range of less-than-fee-simple ownership
interests, mainly referring to easements. An
owner can retain complete or absolute (fee
simple) rights to land and sell the development
rights to another. The owner would keep title but
agree to continue using the land as it had been
used in the past, with the right to develop resting
in the holder of the development rights.
Discretion
The exercise of judgment with regard to what is
just and proper under the circumstances.
Discretion is given to members of certain
governmental bodies so that they may make
reasonable application of the laws and
regulations.
Downzoning
A change in the zoning classification of land to a
classification permitting development that is less
intensive or dense, such as from multi-family to
single-family or from commercial to residential.
A change in the opposite direction is called
“upzoning”.
Due Process of Law
A requirement that legal proceedings be carried
out in accordance with one or two forms of rules
and principles: procedural or substantive.
Procedural due process means an assurance that
all parties to a proceeding are treated fairly and
equally, that citizens have a right to have their
views heard, that necessary information is
available for informed opinions to be developed,
that conflicts of interest are avoided, and that,
generally, the appearance and fact of corruption
does not exist. Substantive due process is less
precise, but it refers to the payment by
government of “just compensation” to property
owners when their property is condemned by
government or is severely diminished in value
because of government action.
Easement
The right to use property owned by another, i.e.
for utility facilities and maintenance access, or for
purposes of pedestrian or vehicular circulation.
Eminent Domain
The right of a government to take private
property for public use or benefit upon payment
of just compensation to the owner.
Enabling Statutes
State statutes conferring limited permissive
powers to do planning, zoning, and subdivision
regulation.
Environmental Impact
An assessment of a proposed project or activity to
determine whether it will have significant
environmental effects on the natural and built
environments. When no significant
environmental impact will result, a “negative
declaration” is submitted instead of the
Environmental Impact Report (EIR), which is the
detailed report on how the project will affect the
environment. Significant environmental effects
are generally associated with those actions which:
1. Alter existing environmental
components such as air and water
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quality, wildlife habitats, and food
chains.
2. Disrupt neighborhood or community
structure (i.e. displace low income
people).
3. Further threaten rare or endangered
plant or animal species.
4. Alter or substantially disrupt the
appearance or surroundings of a scenic,
recreational, historic, or archaeological
sites.
5. Induce secondary effects such as
changes in land use, unplanned growth,
or traffic congestion.
Exaction
A contribution or payment required as an
authorized precondition for receiving a
development permit. It usually refers to
mandatory dedication or fee in lieu of dedication
requirements found in many subdivision
regulations.
Exception
The official provision of an exemption from
compliance with the terms or conditions of a
building or zoning regulation by a board of
adjustment or hearing officer vested with the
power to authorize it. It is usually granted if
there are practical difficulties in meeting the
existing requirements; or if the deviation or
exception would not have a detrimental impact
on adjacent properties or effect substantial
compliance with the regulations. While an
exception or special use is a departure from the
standard application of the zoning ordinance, it is
provided for within the ordinance. A daycare
center, for example, might not ordinarily be
permitted in an area zoned exclusively residential,
yet since this might be a perfectly desirable and
acceptable place for the care of preschool
children, allowance for an exception, subject to
conditioning of how the operation will be
conducted, will be pre-established in the text of
the zoning ordinance.
Exclusionary Zoning
Discretionary zoning techniques used to
selectively control population and minimum
residential floor area requirements which increase
housing costs, have been challenged for their
exclusionary affects. Many court decisions are
invalidating exclusionary practices, and are
requiring affirmative, inclusionary practices. On
the other hand, discretionary techniques, such as
inclusionary zoning, can be an important part of
land use program.
Executive Session
A meeting of an official body with the express
purpose of administering internal affairs. No
testimony may be mentioned, applications
discussed, deliberations joined, or decisions
made.
Ex Parte Contact
Communication made outside the public forum
without the benefit of hearing all sides of an
issue. They are considered “from one side only”
and are made without notice to and knowledge
of others involved. They can include telephone
calls, informal meetings, lunches, or even a casual
encounter on the street. The law does not
prohibit ex parte contacts, but does require the
communication to be placed on the record at the
hearing to enable interested parties to hear and
rebut the substance of the communication. If not
made part of the record, an ex parte contact
provides grounds for voiding a board of
adjustment decision in Superior Court.
Externalities, Side Effects, Spillovers,
Repercussion Effects
The impacts on others than the direct
beneficiaries or targets of a course of action; can
be local or widespread; fiscal, environmental,
social, or any combination.
Family
In many zoning ordinances, the legal definition is
a group of two or more persons related by blood,
marriage, or adoption residing together; this is
the basic occupancy intended for single-family
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residence districts. More recently, communes and
other cooperative lifestyle arrangements of
unrelated and mostly single individuals have run
afoul of the regulations that use this definition of
the family (and a specific limit to how many
nonrelated individuals may dwell together) to
exclude such groups from dwelling in single-
family residences.
Final Subdivision Map (or Plat)
A map of an approved subdivision filed in the
county recorder’s office. Usually it shows
surveyed lot lines, street rights-of-way,
easements, monuments, distances, angles, and
bearings pertaining to the exact dimensions of all
parcels, street lines, and so forth.
Findings
A determination or conclusion based on the
evidence presented and prepared by a hearing
body in support of its decision. A board of
adjustment is usually required by law to hold a
public hearing to hear evidence when it receives a
petition for a variance, special permit, or appeal
of an administrative official’s decision. When it
presents its decision, a board is often required to
demonstrate in writing that the facts presented in
evidence support is decision in conformance with
the law. If, for example, the law requires
evidence of a hardship before a variance can be
granted, a board of adjustment must support its
approval by finding that a hardship actually
exists. A requirement to produce findings of fact
is often found in due process rules of state
legislation.
Floating Zone (or Design District)
A zoning district that is described in the text of
the zoning ordinance but not mapped as a
specific district in a specific location. When a
project of sufficient size anywhere within
unrestricted areas can meet certain other
requirements, however, the floating zone can be
anchored and the area designated on the zoning
map.
Floor Area Ratio (FAR)
A formula for determining permitted building
volume as a multiple of the area of the lot. For
example, a ratio of six on a 5,000 square foot lot
would allow a three story building with 10,000
square feet on each floor, or a six story building
with 5,000 square feet on each floor, or a variety
of similar combinations as long as the total area
did not exceed 30,000 square feet. Some zoning
ordinances offer an incentive in the form of a
higher FAR in order to reduce site coverage and
thus encourage provision of plazas and other
open spaces on the ground level.
General Plan
(a) A legal document which is a plan of a
community’s general policies regarding the long-
term development of its jurisdiction. The plan
should include not only general physical
development but also public services, social
services, and governmental operations. The plan
may be a map accompanied by description and
supplemented by policy statements. It provides
direction to the capital improvements and
maintenance programs, forms the legal
foundation for the systematic application of
zoning regulations, and permits the consistent
and coherent application of subdivision
regulations. (b) A comprehensive plan for a
municipality as defined in the Arizona Revised
Statutes.
Growth Management (Growth Control; Land
Use Development Management)
The use by a community of a wide range of
techniques in combination to permit it to
determine its own amount, type, and rate of
growth and to channel it into designated areas.
General or comprehensive plans often form the
backbone of the system; devices used to execute
growth management policy may include zoning,
emphasizing flexibility, capital improvements,
programming, adequate public facilities
ordinances, urban limit lines, population caps or
ceilings, and many others. Conceptually, growth
management differs from conventional
approaches in that it does not accept likely
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population growth and its rate as inevitable; these
are open to question and are subject to
determination by public policy and action.
Guidelines
An undetailed statement of policy direction
around which specific details may be established
later. In community planning this often takes the
form of a local jurisdiction’s adopting general
principles, to which private development must
conform, without mapping or describing the
specific details of what may or may not be built
or where (e.g. floating zone).
Hardship
Where the rigid application of zoning ordinance
restrictions would unduly limit use. Hardships
are determined by an objective accounting of
circumstances and serve the jurisdiction for a
variance granted by a board of adjustment.
Highest and Best Use
The use of land in such a way that its
development will bring maximum profit to the
owner. It is a theoretical real estate concept that
does not take into account the externalities from
such a use of land, and thus public regulations
often limit land use to some activity that will
provide the owners with less than maximum
profits in order to minimize spillover costs to
other properties and the public at large. Thus the
term is not commonly used in planning but is
often heard at zoning hearings.
Houses, Halfway
Therapeutic residences that provide a sheltered
and transitional environment for person emerging
from mental or penal institutions or drug
treatment centers. They are open and non-
institutional in order to help ease their residents’
return to being fully functioning members of the
community. When they are proposed for
residential areas, a great deal of public
controversy is likely to ensue, and many
jurisdictions treat them as conditional uses in
order to allay public fears.
Improved Land
Raw land that has been improved with basic
facilities such as roads, sewers, water lines, and
other public infrastructure facilities in preparation
for development.
Incentive
A provision within a development regulation that
grants relief from specific compliance upon
condition that certain features of a proposal are
altered so as to secure some benefit, convenience,
or use by the public.
Infrastructure
Streets, water and sewer lines, and other public
facilities necessary to the functioning of an urban
area.
Interim or Study Zone
This is a zoning technique used to temporarily
freeze development in an area until a permanent
classification for it can be decided upon.
Generally, it is used to preserve the status quo
while the community plan is prepared to serve as
a basis for permanent zoning.
Investment
Any expenditure to acquire real property in order
to secure profitable return. Disinvestment is the
disposition of real property so as to reduce
economic loss and tax liabilities and to transfer
capital resources to activities of higher profit
yield.
Land Use Plan
A basic element of a general or comprehensive
plan designating the future use or reuse of land
within a given jurisdiction’s planning area, and
the policies and reasoning used in arriving at the
decisions in the plan. The land use plan serves as
a guide to official decision in regard to the
distribution and density of private development,
as well as public decisions on the location of
future public facilities and open spaces. It also
serves as a guide the structuring of zoning and
subdivision controls, urban renewal, and capital
improvement programs.
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Leapfrog Development
Development that occurs well beyond the existing
limits of urban development leaving intervening
vacant land behind. This bypassing of the next-
in-line lands at the urban fringe results in the
haphazard shotgun pattern of urbanization
known as “sprawl”.
Limited Partnership
A type of partnership comprising one or more
general partners (who manage the business affairs
and are personally responsible for debts) and one
or more limited partners (who contribute capital
and share in profits but take no part in
management and incur no liability beyond the
contribution of capital).
Lot of Record
A lot which is part of a recorded subdivision, or a
parcel of land which has been recorded, usually
at a county recorder’s officer containing property
tax records.
Majority Vote
A formal and functional act of decision-making by
a deliberative body requiring a plurality of votes.
The bylaws of a planning commission and board
of adjustment should clearly specify when a
majority must be of the full membership and
when it may be a quorum.
Mandatory
Constituting a command and imposing an
obligation for performance.
Mandatory Referral
The process of referring specified proposals to the
planning commission (and sometimes to other
departments or agencies) for review. Such
proposals might include rezoning requests or
major capital improvements by another
governmental agency. Under such requirements,
often found in enabling legislation or a municipal
charter, the planning commission must report
whether the proposal conforms to its general or
comprehensive plan or other policies.
Increasingly, conventional mandatory referral
procedures are becoming more rigorous through
legislative executive requirements for impact
analysis.
Metes and Bounds
A system of describing and identifying land by
measures (metes) and direction (bounds) from an
identifiable point of reference such as a
monument or marker, the corner of intersecting
streets, or other permanent feature. This system
is the most precise of the three most common
forms of urban land description; the others are
street number by house, and by blocks and lots in
tract subdivision. Metes and bounds is used most
often in rural areas.
Mobile Home (Trailer)
A factory-built home, equipped with all the basic
amenities of a conventional home which can be
moved to its site by attaching it to an automobile
or truck. “Double-wides” and “triple-wides” are
units connected together to form a single
structure of size and roof design similar to that of
a conventional home built on a foundation on
site.
Moratorium
In planning, a freeze on all new development
pending the completion and adoption of a
general or comprehensive plan or the completion
of a planning study or instituted by utility agents
when sewage treatment facilities are inadequate
or water shortage are threatened. They have also
been voted into being by residents of
communities whose schools and other public
facilities have been overwhelmed by rapid
growth. Air basins already overburdened by air
pollution may be next in line for building freezes.
Municipal Corporation
A corporation consisting of inhabitants of a
designated area created by the state legislature or
by provisions of state law for the purposes of
local government. A municipal corporation has a
dual character: it exercises those powers assigned
to it by state law and exercises other powers for
the benefit of its inhabitants. Generally, cities
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and towns are municipal corporations.
Neighborhood
The smallest sub area in city planning, defined as
a residential area whose residents have public
facilities and social institutions in common.
Informal face-to-face contacts and some
communal consciousness, either through
homeowners’ associations or crisis alliances to
ward off threatening developments and zone
changes also characterize a neighborhood.
Nonconforming Uses
A structure or use that is not permitted by its
present district’s zoning regulations. If
established after the enactment of the ordinance,
the use is illegal and may be abated, but if it
existed before the regulations, it is a legal
nonconforming use and may continue, although a
new or different nonconforming use may not
replace it. Most ordinances provide that its
extension or enlargement is not permissible.
Many ordinances permit the restoration of the
nonconforming premises when damaged by fire,
earthquake, or some other catastrophe.
However, once the use is abandoned there is no
longer a right to it restoration and the future use
of the premises must conform to the regulations.
Some states, not Arizona, provide for the
cessation of such uses at the end of a prescribed
amortization period equivalent to the life of the
structure as an investment.
Nuisance
Anything that interferes with the use of
enjoyment of property, endangers personal
health or safety, or is offensive to the senses.
Nuisance law forms part of the basis for zoning.
The separation of uses through zoning helps to
foster the enjoyment of residential areas free
from pollution, noise, congestion, and other
characteristics of industrial areas.
Official Map
A detailed map adopted by the city council or
board of supervisors, that protects proposed
facility or public improvement sites and rights-of-
way shown on it from preemption by private
development for a limited period, during which
the required land can be acquired by
conventional acquisition procedures. By reserving
land for streets, parks, school sites, and public
facilities, the community in turn is placed under
an obligation to acquire these lands with
reasonable promptness and should coordinate
their capital improvement program and
budgeting process accordingly.
Open Land District
A zoning classification that limits the allowable
uses to agriculture, recreation, parks, reservoirs,
and water supply lands. Open land (OL) districts
are most commonly used for publicly owned
lands of public agencies, but are also used in
areas subject to flooding and other natural
hazards. A variation of OL zoning is used in
airport approach and clear zones where land
beyond the landing runways must be kept free of
obstructions and projections from the ground.
Open Space
Land which has not been developed and which is
desirable for preservation in its natural state for
ecological, historical, or recreational purposes, or
in its cultivated state to preserve agriculture,
forest, or urban greenbelt areas is termed open
space.
Ordinance
An enactment of a legislative body of a municipal
corporation constituting local law.
Overrule
An action of a local legislative body to reverse a
commission recommendation, sometimes
requiring an extraordinary or two-thirds majority
of full membership.
Parcel
A lot, or contiguous group of lots in single
ownership or under single control, and usually
considered a unit for purposes of development.
APPENDIX A
GLOSSARY
119
119
Peak Hour
For any given highway, the sixty-minute period of
the day during which it carries it highest volume
of traffic. Usually this occurs during the morning
or evening rush, when commuters are attempting
to go to or from work.
Performance Standards
Zoning regulations providing specific criteria
limiting the operations of certain industries, land
uses, and building to acceptable levels of noise,
air pollution emissions, odors, vibration, dust,
dirt, glare, heat, fire hazards, wastes, traffic
generation, and visual impact. This type of
zoning may not bar an industry or use by
specified type, but admits any use that can meet
the particular standards of operation set for
admission. Instead of classifying industries in
districts under the headings “light”, “heavy”, or
“unrestricted,” it establishes measurable technical
standards and classifies the industries in terms of
their probable environmental impact. Terms such
as “limited”, “substantial”, or “objectionable”
determine the overall acceptability rating of a
particular use.
Pattern
A formal, written request for specific action from
a group of individuals to a governmental body
specifying the action sought, giving reasons, and
clearly identifying individual petitioners.
Planned Area (PAD) or Planned Unit
Development (PUD)
A self-contained development, often with a
mixture of land uses, housing types and densities,
in which the subdivision and zoning controls are
applied to the project as a whole rather than to
individual lots, as in most subdivisions. Often
trade-offs occur between the clustering of houses
and the provision of common open space.
Police Power
The inherent right of the state to restrict an
individual’s conduct or use of property in order to
protect the health, safety, and welfare of the
community. This power must follow due process
of the law, but unlike the exercise of the state’s
power of eminent domain, no compensation
need be paid or losses incurred as a result of
police power regulation.
Policy
An imperative or prescriptive principle that
directs future action. A policy usually has three
components: specific definition of the action to
be performed, statement of the conditions under
which it is to be performed, and identification of
the individuals or offers responsible for
performing it. Policies may be positive
(prescriptive) or negative (proscriptive); they may
be strict commands (employing such verbs as
shall or must), or discretionary (employing such
verbs as will or may).
Precedent
A guide to decision-making based on earlier
decisions on matters similar in circumstances or in
legal principles.
Preliminary Subdivision Map
The first formal submission by a subdivider is
usually in the form of a map with accompanying
documents providing the information about the
proposed subdivision required by the local
subdivision ordinance. The map contains the
following: name of subdivision; its location,
acreage, owner, and engineer or surveyor; the
location of property lines, roads, existing utilities
and their bearings and dimensions; names of
adjoining properties; zoning classification of the
property; proposed water, sewer, drainage, and
public utility systems to be employed; names of
new streets; lot numbers, setback lines, and lot
dimensions; and the location of any easements,
culverts, storm drains, creeks, ponds, or other
significant natural features, including contours
and adjacent structures. If the land is to be
subdivided, the preliminary map is often required
to include a precise plan of streets, public
facilities, and lots for the entire holding as well as
the section being submitted for approval so the
public agency can be assured that pieces will fit
together properly when the development is
APPENDIX A
GLOSSARY
120
120
completed.
Principal Use
The main use of land or structure as distinguished
from secondary or accessory uses. A house is a
principal use in a residential area; a garage or
pool is an accessory use. Zoning ordinances will
often establish a general rule that only one
principal structure or use will be permitted on
each lot.
Procedure
A rule specifying the content and sequence of an
activity. The procedures for a planning
commission or board of adjustment must be
formally established and made publicly
accessible; they are most conveniently
incorporated into the by-laws of a commission or
board.
Public Hearings
A formally announced meeting of a planning
commission, the express purpose of which is to
receive written and oral testimony on specific
matters open to the public for attendance and
testimony. Commission members may ask
questions, but no deliberation takes place. A full
record of information should be kept, reviewed
by the staff, and incorporated into its report for
subsequent commission deliberation.
Public Record
Records that a governmental body is required by
law to maintain in the discharging of its
responsibilities. Records of a planning
commission or board of adjustment must be
available for public inspection.
Recommendation
A decision that may be either a statement for the
approval of some action or a statement of
disapproval of some action. Formal
recommendations generally are accompanied by
supporting reasons.
Request
An asking for a finding, review, advice, or action
with the initiating body or group retaining
discretion as to acceptance or rejection. Requests
may be formal or informal; where formal, they
should be submitted in the form of an
application.
Resolution
A formal expression of the will of an official
body, adopted by vote. A municipal resolution
does not have the character of law and is not an
ordinance, but a legislative expression of will.
Reversion Clause
A requirement that may accompany special use
permit approval, or a rezoning that returns the
property to its prior zoning classification if a
specified action, such as taking out a building
permit or beginning construction, does not begin
in a specified period of time. This is a way of
protecting a community against using permits or
rezonings for speculative purposes.
Right-of-way
The right of passage over the property of another.
The public may acquire it through implied
dedication and most commonly refers to the land
on which a road or railroad is located. Utility
pathways and drainage ways are usually referred
to as easements.
Road System
The classification of streets and highways by their
diverse functions and design. The following is a
commonly used hierarchy of streets and highways
for planning purposes:
Local street
A roadway allowing access to abutting
land, serving local traffic only.
Collector
A street whose function is to channel
traffic from local streets to major
arterials.
APPENDIX A
GLOSSARY
121
121
Major arterial
A road that serves through-traffic
movement across urban areas, often
subject to controlled access from
properties fronting on the right of way.
Expressway
A divided multilane highway whose
purpose is to move large volumes of
through-traffic from one part of a
metropolitan area to another;
intersections are separated by under- or
overpasses at major intersections.
Freeway
A multilane highway with full grade
separation, total control of access,
median strips, and fencing, or
landscaping strips along the sides.
Basically, it serves intercity and interstate
traffic.
Parkway
An expressway or freeway designed for
non-commercial traffic only; usually
located within a strip of landscaped park
or natural vegetation.
Septic Tank
A tank plus a leaching field or trenches in which
sewage is purified by bacterial action. Septic
tanks differ from cesspools, which are simply
buried, perforated tanks that allow the liquid
effluent to seep into surrounding soils but retain
most of the solids and must be periodically
pumped out.
Setback Regulations
The requirements of building laws that a building
be set back a certain distance from the street or
lot line either on the street level or at a prescribed
height. The aim is to allow more room for
pedestrians, or reduce the obstruction of sunlight
reaching the streets and lower stories of adjoining
buildings.
Sewage System
A facility designed for the collection, removal,
treatment, and disposal of waterborne sewage
generated within a given service area. Usually it
consists of a collection network of pipelines, and
a treatment facility to purify and discharge the
treated wastes.
Site Plan
A plan showing uses and structures proposed for
a parcel of land as required by the regulations
involved. It includes lot lines, streets, building
sites, buildings, their dimensions; reserved open
space, major landscape features and locations of
proposed utility lines.
Site Plan Review
The process of local officials, planning
commission or the staff reviewing the site plans
and maps of a developer to assure they meet the
stated purposes and standards of the zone,
provide for the necessary public facilities such as
road and schools, and protect and preserve
topographical features and adjacent properties
through appropriate siting of structures and
landscaping. The process often allows
considerable discretion to be exercised by local
officials since it may deal with hard-to-define
aesthetic and design considerations.
Special Use; Special Use Permit
The term “special use” with is numerous sub
classifications, is so widely and variously used as
to make definition difficult. Using the exclusion
approach, a special use may be defined as a use
other than a use by right. Required special
approvals may be by one or more of the
following: the governing body, the planning
commission, the board of adjustment, hearing
examiner, the architectural review board, other
special-purpose review boards, and department
heads or officials, ranging through building,
health, traffic, and safety. Procedures may
require presentations before elected and
appointed officials, involving public notice and
hearings.
APPENDIX A
GLOSSARY
122
122
Spot Zoning
The awarding of a use classification to an isolated
parcel of land which is detrimental or
incompatible with the uses of the surrounding
area, particularly when such an act favors a
particular owner. Such zoning has been held to
be illegal by the courts on the grounds that it is
unreasonable and capricious. A general or
comprehensive plan, or special circumstance such
as historic value, environmental importance, or
scenic value would justify special zoning for a
small area.
Standards
While often used loosely to refer to all
requirements in a zoning ordinance, the term
usually is used to mean site design regulations
such as lot area, height limits, frontage,
landscaping, yards, and floor area ratio as
distinguished from use restrictions.
Strip Zone
A mix of development, usually commercial,
extending along both sides of a major street.
Usually a strip zone is a mixture of auto-oriented
enterprises (e.g. gas stations, motels, and food
stand), truck-dependent wholesaling, and light
industrial enterprises, along with the once-rural
homes and farms overtaken by the haphazard
leapfrogging of unplanned sprawl. In zoning, a
strip zone may refer to a district constituting a
ribbon of highway with commercial uses fronting
both sides of a major arterial route.
Subdivision
Transforming raw land into building sites by
division into lots, blocks, streets, and public areas.
A subdivision is generally defined as dividing land
into six or more lots, parcels or fractional
interests.
Subdivision Regulations
Regulations governing the division and
development of land so as to ensure definitive
legal title, and guarantee health, safety, and
welfare to both users and the public.
Subdivision Plat
The formal instrument by which the division of
land together with the conditions of development
are legally recorded.
Sunshine or Open Meeting Laws
Statutes specifically requiring the deliberative
meetings of public bodies be open to the public.
Such laws often contain extended provisions for
public notice of deliberative meetings.
Taking
The appropriation by government of private land
for which compensation must be paid. Under the
U.S. Constitution, property cannot be condemned
through eminant domain for public use or public
purpose without just compensation. This is
reasonably clear when government buys land
directly, but the “taking clause” is far less clear
when the imposition of police power controls
diminishes the value of property considerably.
Testimony
The presentation of information by an interested
or affected party regarding an application
pending before an official or an official body.
Testimony here is usually nonjudicial with no
administration of oath or cross-examination.
Nevertheless, such testimony becomes part of the
public record of deliberation; persons providing it
are held responsible for their comments.
Trip
The journey from a traveler’s point of origin to
the destination and the smallest unit of
movement considered by transportation studies.
Trip Generation
A factor, usually determined empirically, which is
used to estimate the amount of traffic that will
arrive and depart from a particular establishment
or development. The amount of traffic is usually
expressed as the ADT (average daily trips). Trip
generation factors are expressed as trips per
employees, trips per dwelling unit, trips per some
specific amount of floor area, etc.
APPENDIX A
GLOSSARY
123
123
Urban Design
The attempt to give coherent form, in terms of
both beauty and function, to entire areas. The
term implies a more fundamental approach than
“beautification” and is concerned with the
location, mass, and design of various urban
components, combining the concerns of urban
planning, architecture, and landscape
architecture.
Urban Fringe
An area at the edge of an urban area, usually
made up of mixed agricultural and urban land
uses. Where urban sprawl is the predominant
pattern, this mixture of urban and rural may
persist for decades until the process of
urbanization is completed.
Urban Limit Line; Urban Growth Boundary;
Urban Service Area
An area identified through official public policy,
within which urban development will be allowed
during a specified time period. Beyond this line,
using a variety of growth management tools such
as acreage zoning and limits on capital
improvements, development is prohibited or
strongly discouraged. The establishment of such
service boundaries has become an important tool
for implementing public decisions on where
growth should occur and what kinds of services a
community can afford to supply.
Vacancy Ratio
The ratio between the number of vacant units in
a designated area and the total number of
existing units within the area. Vacancy ratios can
often be misleading because they do not
sufficiently take into account such variables as (1)
the actual condition of the building, (2) the
condition of public services or neighborhood
quality relating to transit, safety, etc., (3) the rent
or purchase price levels of the available units, (4)
the ability of prospective families and individuals
to pay, and (5) special restrictions aimed as racial
groups, children, and others.
Variance
The granting of specific and definitive relief from
the rigid application of the restrictions of
development regulations on grounds that the
peculiar circumstances of the property in question
would suffer deprivation of use. A license to do
some act contrary to zoning.
Zoning Regulations
The division of land within the jurisdiction of a
local unit of government and the designation of
permitted uses of land within those divisions.
Zoning regulations permit the lawful restraint of
the right to use of real property. They define
residential, commercial, industrial, and other
uses; number of occupants; and height, coverage,
and location of buildings. A set of administrative
procedures is included in zoning regulations.
124
APPENDIX B
ARIZONA MUNICIPAL
PLANNING AUTHORITY
124
A.R.S. § 9-461
DEFINITIONS
In this article, unless the context otherwise
requires:
1. "General plan" means a municipal statement
of land development policies, which may
include maps, charts, graphs and text which
set forth objectives, principles and standards
for local growth and redevelopment enacted
under the provisions of this article or any prior
statute.
2. "Municipal" or "municipality" means an
incorporated city or town.
3. "Planning agency" means the official body
designated by local ordinance to carry out the
purposes of this article and may be a planning
department, a planning commission, a hearing
officer, the legislative body itself, or any
combination thereof.
4. "Right-of-way" means any public right-of-
way and includes any area required for public
use pursuant to any general or specific plan.
5. "Specific plan" means a detailed element of
the general plan enacted under the provisions
of this article or a prior statute.
6. "Street" means streets, highways, freeways,
expressways, avenues, boulevards, parkways,
roads, lanes, walks, alleys, viaducts, subways,
tunnels, bridges, public access easements and
rights-of-way.
7. "Subdivision regulations" means a municipal
ordinance regulating the design and
improvement of subdivisions enacted under
the provisions of article 6.2 of this chapter, or
any prior statute, regulating the design and
improvement of subdivisions.
8. "Zoning ordinance" means a municipal
ordinance regulating the use of land,
structures or both, under the provisions of this
article.
A.R.S. § 9-461.01
PLANNING AGENCY; POWERS AND DUTIES
A. The legislative body of a municipality may by
ordinance establish a planning agency.
B. The planning agency shall:
1. Develop and maintain a general plan.
2. Develop such specific plans as may be
necessary to implement the general plan.
3. Periodically review the capital
improvement program of the municipality.
4. Perform such other planning functions as
the legislative body may provide.
C. Each planning agency has the powers
necessary to enable it to fulfill its planning
functions as provided in this article. It may:
1. Contract for, receive and utilize any grants
or other financial assistance made available
by a municipality, a county, the state or the
federal government.
2. Contract with the state or federal
government and any of its agencies, or the
legislative body of any municipality or
county.
APPENDIX B
ARIZONA MUNICIPAL PLANNING AUTHORITY
125
125
A.R.S. § 9-461.02
PLANNING COMMISSION; CREATION;
LIMITATIONS
If a municipal planning commission is created,
the organization, number of members, the terms
of office and the method of appointment and
removal shall be as provided by local ordinance,
except that each municipal planning commission
shall have at least five members.
126
APPENDIX C
LAND RIGHTS
126
127
APPENDIX D
COUNTY PLANNING
AUTHORITY
127
A.R.S. § 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.
A.R.S. § 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.
APPENDIX D
COUNTY PLANNING AUTHORITY
128
128
A.R.S. § 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.
A.R.S. § 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
APPENDIX D
COUNTY PLANNING AUTHORITY
129
129
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.
130
130
APPENDIX E
GROWING SMARTER 1998/PLUS GENERAL PLAN ELEMENTS
CITIES & TOWNS
Is your city or town’s
population GREATER
than
but LESS than
2,500
10,000?
Is your city or
town’s population
GREATER than
10,000?
1
Is your city or
town’s population
LESS than
2,500?
Has your city or
town’s average
annual growth rate
been
or more
over the past
2%
10 years?
2
Required Elements for
Compliance with Growing
Smarter 1998 and
Growing Smarter Plus:
Land Use
Circulation
3
Required Elements
for
Compliance with Growing
Smarter 1998 and Growing
Smarter Plus:
Land Use
Circulation
Growth Area
Environmental Planning
Cost of Development
Open Space
Water Resources
3 & 4
1 For cities and towns with populations exceeding 50,000 additional elements are required. See A.R.S. § 9-461-05(E).
2
3
4
Average annual growth rates determined using the most current U.S. Decennial Census (1990 U.S. Census and 2000 U.S. Census estimates).
Prior to the preparation and adoption of an updated or amended General Plan, the governing body is required to adopt written procedures to provide
effective, early and continuous public participation from all geographic, ethnic, and economic areas of the municipality.
The legislative body shall submit each new adopted General Plan to the voters for ratification at an election. If a majority of the voters fail to approve
the new plan, the current plan remains in effect until a new plan is approved. See A.R.S. § 9-461.06(L).
No
Yes
Yes
Yes
No
Yes
131
131
APPENDIX F
GROWING SMARTER 1998/PLUS COMPREHENSIVE PLAN ELEMENTS
COUNTIES
Is your county’s
population
or LESS?
125,000
Is your county’s
population between
125,000
200,000
and
?
1
Is your county’s
population GREATER
than 200,000?
Required Elements
for Compliance with
Growing Smarter 1998
and Growing Smarter
Plus:
Land Use
Circulation
1 & 2
3
Required Elements
for Compliance with
Growing Smarter 1998
and Growing Smarter
Plus:
Land Use
Circulation
1 & 2
Required Elements
for
Compliance with Growing
Smarter 1998 and Growing
Smarter Plus:
Land Use
Circulation
Growth Area
Environmental Planning
Cost of Development
Open Space
Water Resources
1 & 2
3
1 All counties may also include studies and recommendations relating to location, character & extent of highways, railroads, bus, & other
transportation routes and facilities; public buildings, public services, schools; parks, open space, hiking and riding; housing quality, variety, and
affordability; dams, floodplain zoning; projects affecting conservation of natural resources, forests, wildlife areas; air quality, and water quality.
2
3
Prior to the preparation and adoption of an updated or amended Comprehensive Plan, the governing body is required to adopt written procedures to
provide effective, early and continuous public participation from all geographic, ethnic, and economic areas of the municipality.
Includes more detail than the generalized Land Use Element for smaller counties.
No
Yes
No
Yes
Yes
COMMUNITY PLANNING OFFICE
1700 WEST WASHINGTON STREET
SUITE 420
PHOENIX, AZ 85007
PHONE 602-771-1191
FAX 602-771-1210
www.azcommerce.com
OFFICE OF SMART GROWTH
1700 W. WASHINGTON ST. SUITE 420
PHOENIX, AZ 85007