AMENDING SECTION 9-462.01, ARIZONA REVISED STATUTES; RELATING TO MUNICIPAL
ZONING.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-462.01, Arizona Revised Statutes, is amended to read:
A. Pursuant to the provisions of this article, the legislative body of any municipality by ordinance may in order to conserve and promote the public health, safety and general welfare:
1. Regulate the use of buildings, structures and land as between agriculture, residence, industry, business and other purposes.
2. Regulate signs and billboards.
3. 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 which may be occupied by a building or structure, access to incident solar energy and the intensity of land use.
4. Establish requirements for off-street parking and loading.
5. Establish and maintain building setback lines.
6. Create civic districts around civic centers, public parks, public buildings or public grounds and establish regulations therefor.
7. 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.
8. 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.
9. 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.
10. Establish districts of historical significance provided that:
(a) Such ordinances may require that special permission be obtained for any development within such district if the legislative body has adopted a plan for the preservation of districts of historical significance which meets the requirements of subdivision (b) of this paragraph, and the criteria contained in the ordinance are consistent with the objectives set forth in the plan.
(b) A plan for the preservation of districts of historical significance shall identify districts of special historical significance, state the objectives to be sought concerning the development or preservation of sites, area and structures within the district, and formulate a program for public action including the provision of public facilities and the regulation of private development and demolition necessary to realize these objectives.
(c) The ordinance establishing districts of historical significance shall set forth standards necessary to preserve the historical character of the area so designated.
(d) Such ordinances may designate or authorize any committee, commission, department or person to designate structures or sites of special historical significance in accordance with criteria contained in the ordinance, and no designation shall be made except after a public hearing upon notice of the owners of record of the property so designated. Such ordinances may require that special permission be obtained for any development respecting the structures or sites.
11. 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 overlayed over property without the permission of all owners of property included as part of the district unless all of the property in the district has been developed, advertised and sold or rented under specific age restrictions. The establishment of age specific community zoning districts is subject to all of the public notice requirements and other procedures prescribed by this article.
B. For such purposes the legislative body may divide a municipality, or portion of a municipality, into zones of the number, shape and area it deems best suited to carry out the purpose of this article and articles 6, 6.2 and 6.3 of this chapter.
C. All zoning regulations shall be uniform for each class or kind of building or use of land throughout each zone, but the regulations in one type of zone may differ from those in other types of zones as follows:
1. Within individual zones, there may be uses permitted on a conditional basis under which additional requirements must be met, such as, but not limited to, requiring site plan review and approval by the planning agency. Such conditional uses are generally characterized by any of the following:
(a) Infrequency of use.
(b) High degree of traffic generation.
(c) Requirement of large land area.
2. Within residential zones, the regulations may permit modifications to minimum yard lot area and height requirements.
D. To carry out the purposes of this article and articles 6 and 6.2 of this chapter, the legislative body may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations which modify regulations in another zoning district with which the overlay zoning district is combined. Overlay zoning districts and regulations shall be adopted pursuant to section 9-462.04.
E. The legislative body may 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,
F. All zoning ordinances or regulations adopted under this article shall be consistent with the adopted general and specific plans of the municipality, if any, as adopted under article 6 of this chapter.
Sec. 2. Applicability
The provisions of section 9-462.01, Arizona Revised Statutes, as amended by this act, apply retroactively to authorize any municipal policy, practice or zoning ordinance provision that is consistent with section 9-462.01, subsection E, Arizona Revised Statutes, that was adopted before the effective date of this act. A municipality that adopts a zoning ordinance upon compliance with previously adopted conditions of zoning and provides notice and the opportunity for a hearing to confirm the property's former zoning classification if the conditions of zoning are not met, is deemed to be in compliance with section 9-462.01, subsection E, as amended by this act.
APPROVED BY THE GOVERNOR APRIL 22, 1997.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 23, 1997.
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