notary public; examination; repeal

HB2837 - 572R - H Ver

House Engrossed

notary
public; examination; repeal

(now: public hearing
definition; hearing officer)

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2837

AN
ACT

Amending sections 9-462.04, 9-462.06
and 9-462.08, Arizona Revised Statutes; relating to municipal planning
and zoning.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 9-462.04, Arizona Revised
Statutes, is amended to read:

START_STATUTE
9-462.04.

Public hearing required; definition

A. If the municipality has
a planning commission or a hearing officer, the planning commission or hearing
officer shall hold a public hearing on any zoning ordinance. Notice
of the time and place of the hearing, including a general explanation of the
matter to be considered and a general description of the area affected, shall
be given at least fifteen days before the hearing in the following manner:

1. The notice shall be
published at least once in a newspaper of general circulation published or
circulated in the municipality, or if there is none, it shall be posted on the
affected property in such a manner as to be legible from the public right-of-way
and in at least ten public places in the municipality. A posted
notice shall be printed so that the following are visible from a distance of
one hundred feet: the word "zoning", the present zoning
district classification, the proposed zoning district classification and the
date and time of the hearing.

2. In proceedings
involving rezoning of land that abuts other municipalities or unincorporated
areas of the county or a combination of a municipality and an unincorporated
area, copies of the notice of public hearing shall be transmitted to the
planning agency of the governmental unit abutting such land. In
proceedings involving rezoning of land that is located within the territor1y in
the vicinity of a military airport or ancillary military facility as defined in
section 28-8461 or within the influence area of a military installation
or range or Arizona national guard site, the municipality shall send copies of
the notice of public hearing by first class mail to the military airport
,

or
military installation or range or
Arizona national guard site. In addition to notice by publication, a
municipality may give notice of the hearing in any other manner that the
municipality deems necessary or desirable. For the purposes of this
paragraph, "influence area" and "military installation or range
or Arizona national guard site" have the same meanings prescribed in
section 9-500.50.

3. In proceedings that are
not initiated by the property owner involving rezoning of land that may change
the zoning classification, 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.

4. 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 5 of this subsection:

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

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

(c) An increase or
reduction in the allowable number of stories of buildings.

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

(e) An increase or
reduction in permitted uses.

5. In proceedings governed
by paragraph 4 of this subsection, the municipality 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 governed by the changes.

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

(c) The municipality shall
publish the changes before the first hearing on such changes in a newspaper of
general circulation in the municipality. The changes shall be
published in a "display ad" covering not less than one-eighth
of a full page.

6. If notice is provided
pursuant to paragraph 5, subdivision (b) or (c) of this subsection, the
municipality shall also send notice by first class mail to persons who register
their names and addresses with the municipality as being interested in
receiving such notice. The municipality may charge a fee not to
exceed $5 per year for providing this service and may adopt procedures to
implement this paragraph.

7. Notwithstanding the
notice requirements in paragraph 4 of this subsection, the failure of any
person or entity to receive notice does not constitute grounds for any court to
invalidate the actions of a municipality for which the notice was given.

B. 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 prescribed in subsection A of this
section shall include a general statement that the matter applies to property
located in the high noise or accident potential zone.

C. After the hearing, the
planning commission or hearing officer shall render a decision in the form of a
written recommendation to the governing body. The recommendation
shall include the reasons for the recommendation and be transmitted to the
governing body in the form and manner prescribed by the governing body.

D. If the planning
commission or hearing officer has held a public hearing, the governing body may
adopt the recommendations of the planning commission or hearing officer without
holding a second public hearing if there is no objection, request for public
hearing or other protest. �The governing body shall hold a public hearing if
requested by the party aggrieved or any member of the public or of the
governing body, or, in any case, if a public hearing has not been held by the
planning commission or hearing officer. �The governing body may consider the
testimony of any party aggrieved when making its decision.
a party who gives testimony or who submits written comments at a
public hearing that is held pursuant to this section shall declare WHETHER the
partY has received compensation in any form to testify at the hearing or to
submit written comments.
In municipalities with territory in the
vicinity of a military airport or ancillary military facility as defined in
section 28-8461, the governing body shall hold a public hearing if, after
notice is transmitted to the military airport pursuant to subsection A 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 or ancillary military
facility operations that may have an adverse impact on public health and
safety, and the governing body shall consider and analyze the comments or
analysis before making a final determination. Notice of the time and place of
the hearing shall be given in the time and manner provided for giving notice of
the hearing by the planning commission as specified in subsection A of this
section. �A municipality may give additional notice of the hearing in any other
manner as the municipality deems necessary or desirable. �For the purposes of
this subsection, "party aggrieved" means any property owner within
the notification area prescribed by subsection A, paragraph 3 of this
section.

E. A municipality may
enact an ordinance authorizing county zoning to continue in effect until
municipal zoning is applied to land previously zoned by the county and annexed
by the municipality, but not longer than six months after the annexation.

F. A municipality is not
required to adopt a general plan before the adoption of a zoning ordinance.

G. If there is no planning
commission or hearing officer, the governing body of the municipality shall
perform the functions assigned to the planning commission or hearing officer.

H. If the owners of twenty
percent or more of the property by area and number of lots, tracts and
condominium units within the zoning area of the affected property, excluding
government-owned property, file a protest in writing against a proposed
amendment, the change shall not become effective except by the favorable vote
of three-fourths of all members of the governing body of the
municipality. �If any members of the governing body are unable to vote on such
a question because of a conflict of interest, then the required number of votes
for passage of the question shall be three-fourths of the remaining
membership of the governing body, if such required number of votes is not less
than a majority of the full membership of the legally established governing
body. �For the purposes of this subsection, the vote shall be rounded to the
nearest whole number. �A protest filed pursuant to this subsection shall be
signed by the property owners, excluding government-owned property,
opposing the proposed amendment and filed in the office of the clerk of the
municipality not later than 12:00 noon one business day before the date on
which the governing body will vote on the proposed amendment or on an earlier
time and date established by the governing body.

I. In applying an open
space element or a growth element of a general 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.

J. Notwithstanding section
19-142, subsection B, a decision by the governing body involving rezoning
of land that is not owned by the municipality and that changes the zoning
classification of such land may not be enacted as an emergency measure and the
change shall not be effective for at least thirty days after final approval of
the change in classification by the governing body.

K. For the purposes of
this section, "zoning area" means both of the following:

1. The area within one
hundred fifty feet, including all rights-of-way, of the affected
property subject to the proposed amendment or change.

2. The area of the
proposed amendment or change.
END_STATUTE

Sec. 2. Section 9-462.06, Arizona Revised
Statutes, is amended to read:

START_STATUTE
9-462.06.

Board of adjustment; duties; appeals; conflict of interest;
disclosure; disqualification

A. The legislative body, by ordinance, shall
establish a board of adjustment, which shall consist of at least five but
no
not
more than seven members appointed
by the legislative body in accordance with
provisions of

the ordinance, except that the ordinance may establish the legislative body as
the board of adjustment. The legislative body
may
,
by ordinance,
may
delegate to a hearing officer the
authority to hear and decide on matters within the jurisdiction of the board of
adjustment as provided by this section, except that the right of appeal from
the decision of a hearing officer to the board of adjustment shall be
preserved.

B. The ordinance shall provide for public meetings
of the board, for a chairperson with the power to administer oaths and take
evidence, and that minutes of its proceedings showing the vote of each member
and records of its examinations and other official actions be filed in the
office of the board as a public record.

C. A board of adjustment shall hear and decide
appeals from the decisions of the zoning administrator, shall exercise other
powers as may be granted by the ordinance and
shall
adopt
all rules and procedures necessary or convenient for the conduct of its
business.

D. Appeals to the board of adjustment may be taken
by persons aggrieved or by any officer, department, board or bureau of the
municipality affected by a decision of the zoning administrator, within a
reasonable time, by filing with the zoning administrator and with the board a
notice of appeal specifying the grounds of the appeal. The zoning
administrator shall immediately transmit all records pertaining to the action
appealed from to the board.

E. An appeal to the board stays all proceedings in
the matter appealed from, unless the zoning administrator certifies to the
board that, in the zoning administrator's opinion by the facts stated in the
certificate, a stay would cause imminent peril to life or property. On
the certification proceedings shall not be stayed, except by restraining order
granted by the board or by a court of record on application and notice to the
zoning administrator. Proceedings shall not be stayed if the appeal
requests relief that has previously been denied by the board except pursuant to
a special action in superior court as provided in subsection K of this section.

F. The board shall fix a reasonable time for hearing
the appeal, and shall give notice of hearing by both publication in a newspaper
of general circulation in accordance with section 9-462.04 and posting
the notice in conspicuous places close to the property affected.

G. A board of adjustment shall:

1. 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 a zoning
ordinance adopted pursuant to this article.

2. Hear and decide appeals for variances from the
terms of the zoning ordinance only if, because of special circumstances
applicable to the property, including its size, shape, topography, location, or
surroundings, the strict application of the zoning ordinance will deprive the
property of privileges enjoyed by other property of the same classification in
the same zoning district. Any variance granted is subject to
conditions as will assure that the adjustment authorized shall not constitute a
grant of special privileges inconsistent with the limitations
upon
on
other properties in the vicinity and zone in which the
property is located.

3. Reverse or affirm, in whole or in part, or modify
the order, requirement or decision of the zoning administrator appealed from,
and make the order, requirement, decision or determination as necessary.

H. A board of adjustment may not:

1. 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 the restriction in this paragraph shall not
affect the authority to grant variances pursuant to this article.

2. Grant a variance if the special circumstances
applicable to the property are self-imposed by the property owner.

I. If the legislative body is established as the
board of adjustment, it shall exercise all of the functions and duties of the
board of adjustment in the same manner and to the same effect as provided in
this section.

J. In a municipality with a population of more than
one hundred thousand persons, the legislative body, by ordinance, may provide
that a person aggrieved by a decision of the board
,

or
a taxpayer who owns or leases the adjacent property or a
property within three hundred feet from the boundary of the immediately
adjacent property
,
or
an
officer or a department of the municipality affected by a decision of the
board, at any time within fifteen days after the board has rendered its
decision, may file 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.

K. A person aggrieved by a decision of the
legislative body or board
,

or
a
taxpayer who owns or leases the adjacent property or a property within three
hundred feet from the boundary of the immediately adjacent property
,
or
an officer or a department of
the municipality affected by a decision of the legislative body or board, at
any time within thirty days after the board, or the legislative body, if the
board decision was appealed pursuant to subsection J of this section, has
rendered its decision, may file a complaint for special action in the superior
court to review the legislative body or board decision. Filing the
complaint does not stay proceedings on the decision sought to be reviewed, but
the court may, on application, grant a stay and on final hearing may affirm or
reverse, in whole or in part, or modify the decision reviewed.

L. A member of the board of
adjustment shall disclose whether the member has been a board member or officer
of any entity that appears before the board of adjustment. A member of the
board of adjustment is disqualified from participating in any matter that
involves an entity of which THE member of the board of adjustment served as a
board member or officer in the five years preceding the date of the hearing
that is before the board of adjustment.

END_STATUTE

Sec. 3. Section 9-462.08, Arizona Revised
Statutes, is amended to read:

START_STATUTE
9-462.08.

Hearing officer;
appointment; conflict of interest; disclosure; disqualification

A. The legislative body of any municipality may
establish the position of hearing officer and delegate to a hearing officer the
authority to conduct hearings required by section 9-462.04 and on other
matters as the legislative body may provide by ordinance.

B. Hearing officers shall be appointed on the basis
of training and experience
which
that

qualifies them to conduct hearings and make findings and conclusions on the
matters heard.

C. A hearing officer shall disclose
whether the hearing officer has been a board member or officer of any entity
that appears before the hearing officer. �A hearing officer is disqualified
from hearing any matter that involves an entity in which THE hearing officer
served as a board member or officer in the five years preceding the date of the
hearing that is BEFore the hearing officer.

END_STATUTE