HB2601 - 452R

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 ¦                                  REFERENCE TITLE: growing smarter; planning and zoning  ¦
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 ¦ State of Arizona                                                                      ¦
 ¦ House of Representatives                                                              ¦
 ¦ Forty-fifth Legislature                                                               ¦
 ¦ Second Regular Session                                                                ¦
 ¦ 2002                                                                                  ¦
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 ¦                                       HB 2601                                         ¦
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 ¦                                    Introduced by                                      ¦
 ¦  Representatives Huffman, Allen, Senator Arzberger: Representative Carruthers, Senator  ¦
 ¦                                        Brown                                          ¦
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AN ACT

AMENDING SECTIONS 9-461.05, 9-461.06, 9-462.03, 11-806, 11-821, 11-823, 11-824 AND 11-829, ARIZONA REVISED STATUTES; AMENDING LAWS 1998, CHAPTER 204, SECTION 21, AS AMENDED BY LAWS 1999, CHAPTER 222, SECTION 2; RELATING TO MUNICIPAL AND COUNTY PLANNING AND ZONING.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 9-461.05, Arizona Revised Statutes, is amended to read:

9-461.05. General plans; authority; scope

A. Each planning agency shall prepare and the ~~legislative~~ GOVERNING 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.

B. The general plan shall be so prepared that all or individual elements of it may be adopted by the ~~legislative~~ GOVERNING body and that it may be made applicable to all or part of the territory of the municipality.

C. 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 plan shall include the following elements:

1. A land use element that:

(a) Designates the proposed general distribution and location and extent of such uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land as may be appropriate to the municipality.

(b) Includes a statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.

(c) Identifies specific programs and policies that the municipality may use to promote infill or compact form development activity and locations where those development patterns should be encouraged.

(d) Includes consideration of air quality and access to incident solar energy for all general categories of land use.

(e) Includes policies that 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.

(f) For cities and towns with territory in the vicinity of a military airport as defined in section 28-8461, includes consideration of military airport operations.

2. A circulation element consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use element of the plan.

D. For cities and towns having a population of more than two thousand five hundred persons but less than ten thousand persons and whose population growth rate exceeded an average of two per cent per year for the ten year period before the most recent United States decennial census and for cities and towns having a population of ten thousand or more persons according to the most recent United States decennial census, the general plan shall include, and for other cities and towns the general plan may include:

1. An open space element that includes:

(a) A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources.

(b) An analysis of forecasted needs, policies for managing and protecting open space areas and resources and implementation strategies to acquire additional open space areas and further establish recreational resources.

(c) Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plans.

2. A growth area element, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. This element shall include policies and implementation strategies that are designed to:

(a) Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development.

(b) Conserve significant natural resources and open space areas in the growth area and coordinate their location to similar areas outside the growth area's boundaries.

(c) Promote the public and private construction of timely and financially sound infrastructure expansion through the use of infrastructure funding and financing planning that is coordinated with development activity.

3. An environmental planning element that contains analysis, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the 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.

4. A cost of development element that identifies 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. This element shall include:

(a) A component that identifies various mechanisms that are allowed by law and that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in lieu fees, facility construction, dedications and service privatization.

(b) 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.

5. A water resources element that addresses:

(a) The ~~currently~~ KNOWN LEGALLY AND PHYSICALLY available surface water, groundwater and effluent supplies.

(b) ~~An analysis of how~~ The DEMAND FOR WATER THAT WILL RESULT FROM future growth projected in the general plan, ADDED TO EXISTING USES. ~~will be adequately served by the legally and physically available water supply or a plan to obtain additional necessary water supplies.~~

(c) AN ANALYSIS OF HOW THE DEMAND FOR WATER THAT WILL RESULT FROM 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.

E. The general plan shall include for cities of fifty thousand persons or more and may include for cities of less than fifty thousand persons the following elements or any part or phase of the following elements:

1. A conservation element for 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:

(a) The reclamation of land.

(b) Flood control.

(d) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.

(e) Prevention, control and correction of the erosion of soils, beaches and shores.

(f) Protection of watersheds.

2. A recreation element showing a comprehensive system of areas and public sites for recreation, including the following and, if practicable, their locations and proposed development:

(a) Natural reservations.

(b) Parks.

(d) Beaches.

(e) Playgrounds and playfields.

(f) Open space.

(g) Bicycle routes.

(h) Other recreation areas.

3. The circulation element provided for in subsection C, paragraph 2 OF THIS SECTION shall also include for cities of fifty thousand persons or more and may include for cities of less than fifty thousand persons recommendations concerning parking facilities, building setback requirements and the delineations of such systems on the land, a system of street naming and house and building numbering and other matters as may be related to the improvement of circulation of traffic. The circulation element may also include:

(a) 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 port, harbor, aviation and related facilities.

(b) A transit element showing a proposed system of rail or transit lines or other mode of transportation as may be appropriate.

4. A public services and facilities element showing general plans for police, fire, emergency services, sewage, refuse disposal, drainage, local utilities, rights-of-way, easements and facilities for them.

5. A public buildings element showing locations of civic and community centers, public schools, libraries, police and fire stations, and other public buildings.

6. A housing element consisting 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. This element shall be designed to make equal provision for the housing needs of all segments of the community regardless of race, color, creed or economic level.

7. A conservation, rehabilitation and redevelopment element consisting of plans and programs for:

(a) The elimination of slums and blighted areas.

(b) Community redevelopment, including housing sites, business and industrial sites and public building sites.

(d) Other purposes authorized by law.

8. A safety element for the protection of the community from natural and ~~man-made~~ ARTIFICIAL 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 geologic hazard mapping in areas of known geologic hazards.

9. A bicycling element consisting of proposed bicycle facilities such as bicycle routes, bicycle parking areas and designated bicycle street crossing areas.

F. THE WATER RESOURCES ELEMENT OF THE GENERAL PLAN DOES NOT REQUIRE:

1. NEW INDEPENDENT HYDROGEOLOGIC STUDIES.

2. THE CITY OR TOWN TO BE A WATER SERVICE PROVIDER.

F. G. The policies and strategies to be developed under these elements shall be designed to have community-wide applicability and this section does not authorize the imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law.

Sec. 2. Section 9-461.06, Arizona Revised Statutes, is amended to read:

9-461.06. Adoption and amendment of general plan; expiration and readoption

A. The general plan and any amendment to such plan shall be adopted or readopted in the manner provided in this article.

B. The governing body shall:

1. Adopt written procedures to provide effective, early and continuous public participation in the development and major amendment of general plans from all geographic, ethnic and economic areas of the municipality. The procedures shall provide for:

(a) The broad dissemination of proposals and alternatives.

(b) The opportunity for written comments.

(d) Open discussions, communications programs and information services.

(e) Consideration of public comments.

2. Consult with, advise and provide an opportunity for official comment by public officials and agencies, 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 section 28-8461, other appropriate government jurisdictions, public utility companies, civic, educational, professional and other organizations, property owners and citizens generally to secure maximum coordination of plans and to indicate properly located sites for all public purposes on the general plan.

C. At least sixty days before the general plan ~~or a portion~~, AN element or major amendment of a general plan is ~~adopted~~ NOTICED PURSUANT TO SUBSECTION D OF THIS SECTION, the planning agency shall transmit the proposal to THE PLANNING COMMISSION, IF ANY, AND the governing body and submit a copy for review and further comment to:

1. The planning agency of the county in which the municipality is located.

2. Each county or municipality that is contiguous to the corporate limits of the municipality or its area of extraterritorial jurisdiction.

3. The regional planning agency within which the municipality is located.

4. The department of commerce or any other state agency that is subsequently designated as the general planning agency for this state.

5. THE DEPARTMENT OF WATER RESOURCES FOR REVIEW AND COMMENT ON THE WATER RESOURCES ELEMENT, IF A WATER RESOURCES ELEMENT IS REQUIRED.

5. 6. 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 section 28-8461, the military airport.

6. 7. Any person or entity that requests in writing to receive a review copy of the proposal.

D. If the municipality has a planning commission, AFTER CONSIDERING ANY RECOMMENDATIONS FROM THE REVIEW REQUIRED UNDER SUBSECTION C OF THIS SECTION the planning commission shall hold at least one public hearing before approving a general plan or any amendment to such plan. When the general plan or any major amendment is being adopted, planning commissions in municipalities having populations over twenty-five thousand persons shall hold two or more public hearings at different locations within the municipality to promote citizen participation. Notice of the time and place of a hearing and availability of studies and summaries related to the hearing shall be given at least fifteen and not more than thirty calendar days before the hearing by:

1. Publication at least once in a newspaper of general circulation published or circulated in the municipality, or if there is none, the notice shall be posted in at least ten public places in the municipality.

2. Such other manner in addition to publication as the municipality may deem necessary or desirable.

E. Action by the planning commission on the general plan or any amendment to the plan shall be transmitted to the governing body of the municipality.

F. Before adopting the general plan, or any amendment to it, the governing body shall hold at least one public hearing. Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission as specified in subsection D of this section.

G. The adoption or readoption of the general plan or any amendment to such plan shall be by resolution of the governing body of the municipality, after notice as provided for in subsection D of this section. The adoption or readoption of or a major amendment to the general plan shall be approved by affirmative vote of at least two-thirds of the members of the governing body of the municipality. All major amendments to the general plan proposed for adoption by the governing body of a municipality shall be presented at a single public hearing during the calendar year the proposal is made. The general plan, or any amendment to the plan, shall be endorsed in the manner provided by the governing body to show that it has been adopted by the governing body. IF THE MOTION TO ADOPT OR READOPT A GENERAL PLAN OR AN AMENDMENT TO THE GENERAL PLAN FAILS TO PASS, THE GOVERNING BODY MAY RECONSIDER THE MOTION IN ANY MANNER ALLOWED BY THE GOVERNING BODY'S RULES OF PROCEDURE, BUT ANY SUBSEQUENT MOTION FOR THE ADOPTION OR READOPTION OF THE GENERAL PLAN OR A MAJOR AMENDMENT TO THE GENERAL PLAN MUST BE APPROVED BY AN AFFIRMATIVE VOTE OF AT LEAST TWO-THIRDS OF THE MEMBERS OF THE GOVERNING BODY. For purposes of this subsection, "major amendment" means a substantial alteration of the municipality's land use mixture or balance as established in the municipality's existing general plan land use element. The municipality's general plan shall define the criteria to determine if a proposed amendment to the general plan effects a substantial alteration of the municipality's land use mixture or balance as established in the municipality's existing general plan land use element.

H. If the municipality does not have a planning commission, the only procedural steps required for the adoption of the general plan, or any amendment to such plan, shall be those provided in this article for action by the governing body.

I. A copy of the adopted general plan of a municipality shall be sent to the planning agency of the county within which the municipality is located, and such plan or any portion of the plan may be adopted as a part of the county general plan.

J. A general plan, with any amendments, is effective for up to ten years from the date the plan was initially adopted and ratified pursuant to subsection L of this section, or until the plan is readopted pursuant to this subsection and ratified pursuant to subsection L of this section or a new plan is adopted pursuant to this subsection and ratified pursuant to subsection L of this section, and becomes effective. On or before the tenth anniversary of the plan's most recent adoption, the governing body of the municipality shall either readopt the existing plan for an additional term of up to ten years or shall adopt a new general plan as provided by this article.

K. Except for general plans that are required to be submitted to the voters for ratification pursuant to subsection L of this section, the adoption or readoption of a general plan, and any amendment to a general plan, shall not be enacted as an emergency measure and is subject to referendum as provided by article IV, part 1, section 1, subsection (8), Constitution of Arizona, and title 19, chapter 1, article 4.

L. The governing body of a city or town having a population of more than two thousand five hundred persons but less than ten thousand persons and whose population growth rate exceeded an average of two per cent per year for the ten year period before the most recent United States decennial census, and any city or town having a population of ten thousand or more persons, shall submit each new general plan adopted pursuant to subsection J of this section to the voters for ratification at ~~an election held~~ THE NEXT REGULARLY SCHEDULED MUNICIPAL ELECTION OR AT A SPECIAL ELECTION SCHEDULED AT LEAST ONE HUNDRED TWENTY DAYS AFTER THE GOVERNING BODY ADOPTED THE PLAN pursuant to section 16-204. The governing body shall include a general description of the plan and its elements in the municipal election pamphlet and shall provide public copies of the plan in at least two locations that are easily accessible to the public and may include posting on ~~a site on a worldwide public network of interconnected computers~~ THE MUNICIPALITY'S OFFICIAL INTERNET WEB SITE. If a majority of the qualified electors voting on the proposition approves the new plan, it shall become effective as provided by law. If a majority of the qualified electors voting on the proposition fails to approve the new plan, the current plan remains in effect until a new plan is approved by the voters pursuant to this subsection. The governing body ~~may~~ SHALL EITHER resubmit the proposed new plan, or revise the new plan as provided by this section, for subsequent submission to the voters AT THE NEXT REGULARLY SCHEDULED MUNICIPAL ELECTION OR AT A SPECIAL ELECTION SCHEDULED AT LEAST ONE HUNDRED TWENTY DAYS AFTER THE GOVERNING BODY READOPTED THE NEW OR REVISED NEW PLAN. ALL SUBSEQUENT ADOPTIONS AND SUBMISSIONS OF THE NEW PLAN OR REVISED PLANS MUST COMPLY WITH THE PROCEDURES PRESCRIBED BY THIS SECTION UNTIL THE PLAN IS RATIFIED.

M. In applying an open space element or a growth element of a general plan a municipality shall not designate private land or state trust land as open space, recreation, conservation or agriculture unless the municipality receives the written consent of the landowner or provides an alternative, economically viable designation in the general plan or zoning ordinance, allowing at least one residential dwelling per acre. If the landowner is the prevailing party in any action brought to enforce this subsection, a court shall award fees and other expenses to the landowner.

Sec. 3. Section 9-462.03, Arizona Revised Statutes, is amended to read:

9-462.03. Amendment procedure

A. The ~~legislative~~ GOVERNING body of the municipality shall adopt by ordinance~~, for each rezoning application that requires a public hearing,~~ a citizen review process that ~~includes components that identify the procedure through which~~ APPLIES TO ALL REZONING AND SPECIFIC PLAN APPLICATIONS THAT REQUIRE A PUBLIC HEARING. THE CITIZEN REVIEW PROCESS SHALL INCLUDE AT LEAST THE FOLLOWING REQUIREMENTS:

1. Adjacent landowners and other potentially affected citizens will be notified of the application.

2. The municipality will inform adjacent landowners and other potentially affected citizens of the substance of the proposed rezoning.

3. Adjacent landowners and other potentially affected citizens will be provided an opportunity to express any issues or concerns that they may have with the proposed rezoning before the public hearing.

B. A zoning ordinance that changes any property from one zone to another, that imposes any regulation not previously imposed or that removes or modifies any such regulation previously imposed must be adopted following the procedure prescribed in the citizen review process and in the manner set forth in section 9-462.04.

Sec. 4. Section 11-806, Arizona Revised Statutes, is amended to read:

11-806. Powers and duties; comprehensive plan

A. The commission shall act in an advisory capacity to the board and may from time to time, and shall, when requested by the board, make a report or recommendation in connection with any matter relating to the development of the county under the jurisdiction of the board. The commission shall make such investigations, maps, reports and recommendations in connection therewith as seem desirable within the limits of the funds available.

B. The commission shall prepare and recommend to the board a comprehensive plan of the area of jurisdiction of the county in the manner prescribed by article 2 of this chapter. The purpose of the plan is to bring about coordinated physical development in accordance with the present and future needs of the county. The comprehensive plan shall be developed so as to conserve the natural resources of the county, to 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.

C. The board shall adopt a comprehensive plan and subsequently amend or extend the adopted plan as provided by article 2 of this chapter. Before the adoption, amendment or extension of the plan, the board shall hold at least one public hearing on the plan.

D. The board of supervisors shall:

1. Adopt written procedures to provide effective, early and continuous public participation in the development and major amendment of comprehensive plans from all geographic, ethnic and economic areas of the county. The procedures shall provide for:

(a) The broad dissemination of proposals and alternatives.

(b) The opportunity for written comments.

(d) Open discussions, communications programs and information services.

(e) Consideration of public comments.

2. Consult with, advise and provide an opportunity for official comment by public officials and agencies, municipalities, school districts, associations of governments, public land management agencies, the military airport if the county has territory in the vicinity of a military airport as defined in section 28-8461, other appropriate government jurisdictions, public utility companies, civic, educational, professional and other organizations, property owners and citizens generally to secure the maximum coordination of plans and to indicate properly located sites for all public purposes on the plan.

3. In counties having a population of less than four hundred thousand persons, receive petitions to form a rural planning area that are signed by persons who own real property in any specific portion of the county outside the corporate boundaries of any cities and towns. The petitions must be signed by owners of a majority of the acres of real property in the proposed planning area. Participation in the rural planning area is voluntary, and any person may withdraw real property owned by the person from the planning area. The board of supervisors shall encourage voluntary participation in the planning area and shall aid the planning areas in providing a sound factual and policy basis for planning. The recommendations of rural planning areas shall emphasize voluntary, nonregulatory incentives for compliance and accommodation of continuing traditional rural and agricultural enterprises. Rural planning areas shall transmit their recommendations to the board of supervisors for its consideration for inclusion in the county comprehensive plan.

E. In any county having a population of less than four hundred thousand persons, any cities and towns and the county sharing a multijurisdictional area with a combined population of more than fifty thousand but less than one hundred thousand persons, according to the most recent department of economic security estimates, may voluntarily form rural planning zones to develop coordinated and comprehensive regional plans.

F. The commission shall confer with the state land department and the governing bodies and planning commissions of cities and towns in the county for the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the county, of zoning districts, of urban growth and of public improvements and utilities which do not begin and terminate within the boundaries of any single city or town and which will, in accordance with the present and future needs of the county, best promote with efficiency and economy the health, safety, morals, order, convenience or general welfare of the public.

G. At least sixty days before the comprehensive plan ~~or a portion~~, AN element or major amendment of a comprehensive plan is ~~adopted~~ NOTICED PURSUANT TO SECTION 11-823, SUBSECTION B, the commission shall transmit the proposal to the board of supervisors and submit a copy for review and further comment to:

1. Each municipality in the county.

2. Each other county that is contiguous to the county.

3. The regional planning agency in the county.

4. The department of commerce or any other state agency that is subsequently designated as the general planning agency for this state.

5. THE DEPARTMENT OF WATER RESOURCES FOR REVIEW AND COMMENT ON THE WATER RESOURCES ELEMENT, IF A WATER RESOURCES ELEMENT IS REQUIRED.

5. 6. If the comprehensive plan or a portion, element or amendment of the comprehensive plan is applicable to territory in the vicinity of a military airport as defined in section 28-8461, the military airport.

6. 7. Any person or entity that requests in writing to receive a review copy of the proposal.

Sec. 5. Section 11-821, Arizona Revised Statutes, is amended to read:

11-821. County plan; definitions

A. The commission shall formulate and the board of supervisors shall adopt or readopt a comprehensive long-term county plan for the development of the area of jurisdiction in the manner prescribed by this article. The planning commission shall coordinate the production of the county plan with the creation of the conceptual state land use plans under title 37, chapter 2, article 5.1. The county plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of the area of jurisdiction together with the general zoning regulations. The county plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the area of jurisdiction. In the preparation of the county plan the commission shall make surveys and studies of the present conditions and prospective future growth of the area of the jurisdiction. The planning commission shall cooperate with the state land department regarding integrating the conceptual state land use plans into the county plan. The county plan shall include provisions that identify changes or modifications that constitute amendments and major amendments to the plan.

B. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, the county plan:

1. Shall provide for zoning, shall show the zoning districts designated as appropriate for various classes of residential, business and industrial uses and shall provide for the establishment of setback lines and other plans providing for adequate light, air and parking facilities and for expediting traffic within the districts.

2. May establish the percentage of a lot or parcel which may be covered by buildings, and the size of yards, courts and other open spaces.

3. Shall consider access to incident solar energy.

4. May provide for retirement community zoning districts.

5. May provide for the regulation and use of business licenses, adult oriented business manager permits and adult service provider permits in conjunction with the establishment or operation of adult oriented businesses and facilities, including adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments and nude model studios. With respect to cabarets, the plan shall not conflict with specific statutory or valid regulatory requirements applicable to persons licensed to dispense alcoholic beverages, but the plan may include regulation of the age and conduct of erotic entertainers in a manner at least as restrictive as rules adopted under title 4.

C. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, for counties having a population of more than one hundred twenty-five thousand persons according to the most recent United States decennial census, the county plan shall include, and for other counties the county plan may include:

1. Planning for land use that designates the proposed general distribution and location and extent of uses of the land for housing, business, industry, agriculture, recreation, education, public buildings and grounds, open space and other categories of public and private uses of land appropriate to the county. The land use plan shall include:

(a) A statement of the standards of population density and building intensity recommended for the various land use categories covered by the plan.

(b) Specific programs and policies that the county may use to promote compact form development activity and locations where those development patterns should be encouraged.

(d) Policies that address maintaining a broad variety of land uses including the range of uses existing in the county at the time the plan is adopted, readopted or amended.

2. Planning for circulation consisting of the general location and extent of existing and proposed freeways, arterial and collector streets, bicycle routes and any other modes of transportation as may be appropriate, all correlated with the land use plan under paragraph 1 of this subsection.

3. Planning for water resources that addresses:

(a) The ~~currently~~ KNOWN LEGALLY AND PHYSICALLY available surface water, groundwater and effluent supplies.

(b) ~~An analysis of how~~ The DEMAND FOR WATER THAT WILL RESULT FROM future growth projected in the county plan, ADDED TO EXISTING USES. ~~will be adequately served by the legally and physically available water supply or a plan to obtain additional necessary water supplies.~~

(c) AN ANALYSIS OF HOW THE DEMAND FOR WATER THAT WILL RESULT FROM FUTURE GROWTH PROJECTED IN THE COMPREHENSIVE PLAN WILL BE SERVED BY THE CURRENTLY AVAILABLE WATER SUPPLIES OR A PLAN TO OBTAIN ADDITIONAL NECESSARY WATER SUPPLIES.

D. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, for counties having a population of more than two hundred thousand persons according to the most recent United States decennial census, the county plan shall include, and for other counties the county plan may include:

1. Planning for open space acquisition and preservation. The open space plan shall include:

(a) A comprehensive inventory of open space areas, recreational resources and designations of access points to open space areas and resources.

(c) Policies and implementation strategies designed to promote a regional system of integrated open space and recreational resources and a consideration of any existing regional open space plan.

2. Planning for growth areas, specifically identifying those areas, if any, that are particularly suitable for planned multimodal transportation and infrastructure expansion and improvements designed to support a planned concentration of a variety of uses, such as residential, office, commercial, tourism and industrial uses. The mixed use planning shall include policies and implementation strategies that are designed to:

(a) Make automobile, transit and other multimodal circulation more efficient, make infrastructure expansion more economical and provide for a rational pattern of land development.

(b) Conserve significant natural resources and open areas in the growth area and coordinate their location to similar areas outside the growth area's boundaries.

3. An environmental planning element that contains analysis, policies and strategies to address anticipated effects, if any, of plan elements on air quality, water quality and natural resources associated with proposed development under the comprehensive plan. The policies and strategies to be developed under this element shall be designed to have countywide applicability and shall not require the production of an additional environmental impact statement or similar analysis beyond the requirements of state and federal law.

4. A cost of development element that identifies policies and strategies that the county will use to require development to pay its fair share toward the cost of additional public facility needs generated by new development, with appropriate exceptions when in the public interest. This element shall include:

(a) A component that identifies various mechanisms that are allowed by law and that can be used to fund and finance additional public services necessary to serve the development, including bonding, special taxing districts, development fees, in lieu fees and facility construction, dedications and privatization.

(b) A component that identifies policies to ensure that any mechanisms that are adopted by the county under this element result in a beneficial use to the development, bear a reasonable relationship to the burden imposed on the county to provide additional necessary public facilities to the development and otherwise are imposed according to law.

E. THE WATER RESOURCES ELEMENT OF THE COMPREHENSIVE PLAN DOES NOT REQUIRE:

1. NEW INDEPENDENT HYDROGEOLOGIC STUDIES.

2. THE COUNTY TO BE A WATER SERVICE PROVIDER.

E. F. To carry out the purposes of this article, the board may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations which modify regulations in another zoning district with which the overlay zoning district is combined. Overlay zoning districts and regulations shall be adopted pursuant to section 11-829. The provisions of overlay zoning shall apply retroactively to authorize overlay zoning districts and regulations adopted before April 20, 1993.

F. G. The policies and strategies to be developed under these elements shall be designed to have regional applicability, and this section does not authorize the imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law.

G. H. For the purposes of this section:

1. "Adult arcade" means any place to which the public is permitted or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.

2. "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes:

(a) Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides or other visual representations that depict or describe specific sexual activities or specific anatomical areas.

(b) Instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities.

3. "Adult live entertainment establishment" means an establishment that features either:

(a) Persons who appear in a state of nudity.

(b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

4. "Adult motion picture theater" means a commercial establishment in which for any form of consideration films, motion pictures, videocassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.

5. "Adult oriented business" means adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios.

6. "Adult oriented business manager" means a person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business.

7. "Adult service" means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service.

8. "Adult service provider" or "erotic entertainer" means any natural person who provides an adult service.

9. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.

10. "Cabaret" means an adult oriented business licensed to provide alcoholic beverages pursuant to title 4, chapter 2, article 1.

11. "Discernibly turgid state" means the state of being visibly swollen, bloated, inflated or distended.

12. "Massage establishment" means an establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph does not apply to:

(a) Physicians licensed pursuant to title 32, chapter 7, 8, 13, 14 or 17.

(b) Registered nurses, licensed practical nurses or technicians who are acting under the supervision of a physician licensed pursuant to title 32, chapter 13 or 17.

(c) Persons who are employed or acting as trainers for a bona fide amateur, semiprofessional or professional athlete or athletic team.

(d) Persons who are licensed pursuant to title 32, chapter 3 or 5 if the activity is limited to the head, face or neck.

13. "Nude model studio" means a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. Nude model studio does not include a proprietary school that is licensed by this state, a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation or a structure to which the following apply:

(a) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing.

(b) A student must enroll at least three days in advance of a class in order to participate.

14. "Nude", "nudity" or "state of nudity" means any of the following:

(a) The appearance of a human anus, genitals or female breast below a point immediately above the top of the areola.

(b) A state of dress that fails to opaquely cover a human anus, genitals or female breast below a point immediately above the top of the areola.

15. "Principal business purposes" means that a commercial establishment derives fifty per cent or more of its gross income from the sale or rental of items listed in paragraph 2 of this subsection.

16. "Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.

17. "Specific anatomical areas" means any of the following:

(a) A human anus, genitals, pubic region or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered.

(b) Male genitals in a discernibly turgid state even if completely and opaquely covered.

18. "Specific sexual activities" means any of the following:

(a) Human genitals in a state of sexual stimulation or arousal.

(b) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy.

(d) Excretory functions as part of or in connection with any of the activities under subdivision (a), (b) or (c) of this paragraph.

Sec. 6. Section 11-823, Arizona Revised Statutes, is amended to read:

11-823. Submission of county plan to board; hearing; notice

A. After ~~adoption of~~ THE COMMISSION RECOMMENDS the county plan or any section ~~thereof by the commission~~ OF THE PLAN, the plan shall be submitted to the board OF SUPERVISORS for its consideration and official action.

B. AFTER CONSIDERING ANY RECOMMENDATIONS FROM THE REVIEW REQUIRED UNDER SECTION 11-806, SUBSECTION G, the board shall hold at least one public hearing at which residents of the county shall be heard concerning the matters contained in the plan. At least fifteen days notice of the hearing shall be given by one publication in a newspaper of general circulation in the county seat. The board shall consider protests and objections to the plan and may change or alter any portion of the county plan including the zoning regulations. However, before any change is made, that portion of the plan proposed to be changed shall be re-referred to the commission for their recommendation, which may be accepted or rejected by the board.

Sec. 7. Section 11-824, Arizona Revised Statutes, is amended to read:

11-824. Adoption and amendment of county plan by board of supervisors; expiration and readoption

A. The board of supervisors may adopt the county comprehensive plan as a whole, or by successive actions adopt separate parts of the plan. The adoption or readoption of the comprehensive plan or any amendment to the plan shall be by resolution of the board. IF THE MOTION TO ADOPT OR READOPT THE PLAN OR AN AMENDMENT TO THE PLAN FAILS TO PASS, THE BOARD MAY RECONSIDER THE MOTION IN ANY MANNER ALLOWED BY THE BOARD'S RULES OF PROCEDURE, BUT ANY SUBSEQUENT MOTION FOR THE ADOPTION OR READOPTION OF THE PLAN OR A MAJOR AMENDMENT TO THE PLAN MUST BE APPROVED BY AN AFFIRMATIVE VOTE OF AT LEAST TWO-THIRDS OF THE MEMBERS OF THE BOARD.

B. A county comprehensive plan, with any amendments, is effective for up to ten years from the date the plan was initially adopted or until the plan is readopted or a new plan is adopted pursuant to this subsection and becomes effective. On or before the tenth anniversary of the plan's most recent adoption, the board shall either readopt the existing plan for an additional term of up to ten years or shall adopt a new county plan as provided by this article.

C. The adoption or readoption of, or a major amendment to, the county comprehensive plan shall be approved by the affirmative vote of at least two-thirds of the members of the board. All major amendments proposed for adoption to the comprehensive plan by the board shall be presented at a single public hearing during the calendar year the proposal is made. The adoption or readoption of a county plan, and any major amendment to a county plan, shall not be enacted as an emergency measure and is subject to referendum as provided by article IV, part 1, section 1, subsection (8), Constitution of Arizona, and title 19, chapter 1, article 4. IF THE BOARD FAILS TO ADOPT OR READOPT THE PLAN, THE CURRENT PLAN REMAINS IN EFFECT UNTIL A NEW PLAN IS ADOPTED. THE BOARD SHALL EITHER RECONSIDER THE PROPOSED PLAN OR CONSIDER A REVISED PLAN WITHIN ONE YEAR AND SHALL CONTINUE TO DO SO UNTIL ONE IS ADOPTED. ALL SUBSEQUENT CONSIDERATIONS OF A NEW OR REVISED PLAN MUST COMPLY WITH THE PROCEDURES PRESCRIBED BY THIS ARTICLE. For purposes of this subsection, "major amendment" means a substantial alteration of the county's land use mixture or balance as established in the county's existing comprehensive plan land use element for that area of the county. The county's comprehensive plan shall define the criteria to determine if a proposed amendment to the comprehensive plan effects a substantial alteration of the county's land use mixture or balance as established in the county's existing comprehensive plan land use element for that area of the county.

D. Upon adoption or readoption, the plan, or any part of the plan, shall be the official guide for the development of the area of jurisdiction.

E. Any change, amendment, extension or addition of the county plan may be made only in accordance with the provisions of this chapter.

F. In applying an open space element or a growth element of a comprehensive plan a county shall not designate private or state land as open space, recreation, conservation or agriculture unless the county receives the written consent of the landowner or provides an alternative, economically viable designation in the ~~general~~ COMPREHENSIVE plan or zoning ordinance, allowing at least one residential dwelling per acre. If the landowner is the prevailing party in any action brought to enforce this subsection, a court shall award fees and other expenses to the landowner.

Sec. 8. Section 11-829, Arizona Revised Statutes, is amended to read:

11-829. Amendment of ordinance or change of zoning district boundaries; definition

A. A property owner or authorized agent of a property owner desiring an amendment or change in the zoning ordinance changing the zoning district boundaries within an area previously zoned shall file an application for the amendment or change. All zoning and rezoning ordinances, regulations or specific plans adopted under this article shall be consistent with and conform to the adopted county plan. In the case of uncertainty in constructing or applying the conformity of any part of a proposed rezoning ordinance to the adopted county plan, the ordinance shall be construed in a manner that will further the implementation of, and not be contrary to, the goals, policies and applicable elements of the county plan. A rezoning ordinance conforms with the county plan if it proposes land uses, densities or intensities within the range of identified uses, densities and intensities of the county plan.

B. The board of supervisors shall adopt by ordinance~~, for each rezoning application that requires a public hearing,~~ a citizen review process that ~~includes components that identify the procedure through which~~ APPLIES TO ALL REZONING AND SPECIFIC PLAN APPLICATIONS THAT REQUIRE A PUBLIC HEARING. THE CITIZEN REVIEW PROCESS SHALL INCLUDE AT LEAST THE FOLLOWING REQUIREMENTS:

1. Adjacent landowners and other potentially affected citizens will be notified of the application.

2. The county will inform adjacent landowners and other potentially affected citizens of the substance of the proposed rezoning.

C. Upon receipt of the application the board shall submit it to the commission for a report. Prior to reporting to the board, the commission shall hold at least one public hearing thereon after giving at least fifteen days' notice thereof by one publication in a newspaper of general circulation in the county seat and by posting of the area included in the proposed change. If the matter to be considered applies to territory in a high noise or accident potential zone as defined in section 28-8461, the notice shall include a general statement that the matter applies to property located in the high noise or accident potential zone. In case of a rezoning, the posting shall be in no less than two places with at least one notice for each quarter mile of frontage along perimeter public rights-of-way so that the notices are visible from the nearest public right-of-way. The commission shall also send notice by first class mail to each real property owner as shown on the last assessment of the property within three hundred feet of the proposed amendment or change and each county and municipality which is contiguous to the area of the amendment or change. In proceedings involving rezoning of land that is located within territory in the vicinity of a military airport as defined in section 28-8461, the commission shall send copies of the notice of public hearing by first class mail to the military airport. The notice sent by mail shall include, at a minimum, the date, time and place of the hearing on the proposed amendment or change including a general explanation of the matter to be considered, a general description of the area of the proposed amendment or change, how the real property owners within the zoning area may file approvals or protests of the proposed rezoning, and notification that if twenty per cent of the property owners by area and number within the zoning area file protests, an affirmative vote of three-fourths of all members of the board will be required to approve the rezoning. The following specific notice provisions also apply:

1. In proceedings that are initiated by the commission involving rezoning, notice by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be rezoned and all property owners, as shown on the last assessment of the property, within three hundred feet of the property to be rezoned.

2. In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by paragraph 3 of this subsection:

(a) A ten per cent or more increase or decrease in the number of square feet or units that may be developed.

(b) A ten per cent or more increase or reduction in the allowable height of buildings.

(d) A ten per cent or more increase or decrease in setback or open space requirements.

(e) An increase or reduction in permitted uses.

3. In proceedings governed by paragraph 2 of this subsection, the county shall provide notice to real property owners pursuant to at least one of the following notification procedures:

(a) Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly affected by the changes.

(b) If the county issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the county shall include notice of such changes with such utility bills or other mailings.

(c) The county shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the county. The changes shall be published in a display advertisement covering not less than one-eighth of a full page.

4. If notice is provided pursuant to paragraph 3, subdivision (b) or (c) of this subsection, the county shall also send notice by first class mail to persons who register their names and addresses with the county as being interested in receiving such notice. The county may charge a fee not to exceed five dollars per year for providing this service and may adopt procedures to implement this paragraph.

5. Notwithstanding the notice requirements set forth in paragraph 2 of this subsection, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of a county for which the notice was given.

D. If the planning commission or hearing officer has held a public hearing, the board may adopt the recommendations of the planning commission or hearing officer through use of a consent calendar without holding a second public hearing if there is no objection, request for public hearing or other protest. If there is an objection, a request for public hearing or a protest, the board shall hold a public hearing thereon at least fifteen days' notice of which shall be given by one publication in a newspaper of general circulation in the county seat and by posting the area included in the proposed change. In counties with territory in the vicinity of a military airport as defined in section 28-8461, the board shall hold a public hearing if, after notice is mailed to the military airport pursuant to subsection C of this section and before the public hearing, the military airport provides comments or analysis concerning the compatibility of the proposed rezoning with the high noise or accident potential generated by military airport operations that may have an adverse impact on public health and safety, and the board shall consider and analyze the comments or analysis before making a final determination. After holding the hearing the board may adopt the amendment, but if twenty per cent of the owners of property by area and number within the zoning area file a protest to the proposed change, the change shall not be made except by a three-fourths vote of all members of the board. If any members of the board are unable to vote on the question because of a conflict of interest, the required number of votes for the passage of the question is three-fourths of the remaining membership of the board, except that the required number of votes in no event shall be less than a majority of the full membership of the board. In calculating the owners by area, only that portion of a lot or parcel of record situated within three hundred feet of the property to be rezoned shall be included. In calculating the owners by number or area, county property and public rights-of-way shall not be included.

E. The planning commission may on its own motion propose an amendment to the zoning ordinance and may, after holding a public hearing as required by this chapter, transmit the proposal to the board which shall thereupon proceed as set forth in this chapter for any other amendment.

F. Notwithstanding the provisions of title 19, chapter 1, article 4, a decision by the governing body involving rezoning of land which is not owned by the county and which changes the zoning classification of such land or which changes the zoning standards of such land as set forth in subsection C, paragraph 2 OF THIS SECTION may not be enacted as an emergency measure and such a change shall not be effective for at least thirty days after final approval of the change in classification by the board. Unless a resident files a written objection with the board of supervisors, the rezoning may be enacted as an emergency measure that becomes effective immediately by a four-fifths majority vote of the board for those counties with five or more supervisors or a two-thirds majority vote of the board for those counties with less than five supervisors.

G. The legislature finds that a rezoning of land that changes the zoning classification of the land or that restricts the use or reduces the value of the land is a matter of statewide concern. Such a change in zoning that is initiated by the governing body or zoning body shall not be made without the express written consent of the property owner. In applying an open space element or a growth element of a county plan, a parcel of land shall not be rezoned for open space, recreation, conservation or agriculture unless the owner of the land consents to the rezoning in writing. For the purposes of this subsection, rezoning does not include the creation or expansion of overlay zones solely for the purpose of implementing airport safety and protection. Rezoning also does not include the redesignation of areas of the county to which the residential provisions of the county building codes or the state plumbing code apply or do not apply. The county shall not adopt any change in a zoning classification to circumvent the purpose of this subsection.

H. For the purposes of this section, "zoning area" means the area within three hundred feet of the proposed amendment or change.

Sec. 9. Laws 1998, chapter 204, section 21, as amended by Laws 1999, chapter 222, section 2, is amended to read:

Sec. 21. Readoption and amendment of general and comprehensive plans

A. THE GOVERNING BODY OF each city and town that is subject to the provisions of title 9, chapter 4, article 6, Arizona Revised Statutes, and THE BOARD OF SUPERVISORS OF each county that is subject to title 11, chapter 6, article 2, Arizona Revised Statutes, and whose general or comprehensive plan or most recent readoption or rewrite or amendment to the general or comprehensive plan was adopted:

1. Before January 1, 1989 shall adopt or readopt its general or comprehensive plan in a manner consistent with this act on or before December 31, ~~2001~~ 2002.

2. On or after January 1, 1989 shall amend the plan to include all the elements required by this act on or before December 31, ~~2001~~ 2002.

B. Notwithstanding subsection A of this section, THE GOVERNING BODY OF each city and town with a population of more than two thousand five hundred and less than seventy-five thousand persons, AND THE BOARD OF SUPERVISORS OF EACH COUNTY WITH A POPULATION OF LESS THAN ONE HUNDRED TWENTY-FIVE THOUSAND PERSONS, according to the most recent United States decennial census, whose general OR COMPREHENSIVE plan or most recent adoption or rewrite or amendment to the general OR COMPREHENSIVE plan was adopted:

1. Before January 1, 1989 shall adopt or readopt its general plan in a manner consistent with ~~this act~~ LAWS 1998, CHAPTER 204, LAWS 1999, CHAPTER 222 AND LAWS 2000, FOURTH SPECIAL SESSION, CHAPTER 1 on or before December 31, ~~2002~~ 2003.

2. On or after January 1, 1989 shall amend the plan to include all the elements required by ~~this act~~ LAWS 1998, CHAPTER 204, LAWS 1999, CHAPTER 222 AND LAWS 2000, FOURTH SPECIAL SESSION, CHAPTER 1 on or before December 31, ~~2002~~ 2003.

C. General and comprehensive plans that are in effect on ~~the effective date of this act~~ AUGUST 1, 2002 remain in effect, subject to any replacement, amendment or readoption under subsection A or B of this section.

D. Notwithstanding section 9-461.06, subsection E G and section 11-824, subsection C, Arizona Revised Statutes, as amended by this act, the requirement for adopting major amendments to a municipal general plan or a county comprehensive plan on the affirmative vote of at least two-thirds of the members of the governing body is required only after plans are adopted, readopted or amended ~~to comply with this act~~ as provided by subsection A or B of this section.

Sec. 10. Retroactivity

Laws 1998, chapter 204, section 21, as amended by Laws 1999, chapter 222, section 2 and this act, applies retroactively to December 31, 2001.