Arizona Laws 11-802. County planning and zoning commissions
A. The board of supervisors of a county, in order to conserve and promote the public health, safety, convenience and general welfare and pursuant to this chapter, shall plan and provide for the future growth and improvement of its area of jurisdiction, coordinate all public improvements pursuant to the plan, 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 those rules, regulations, ordinances and plans as may apply to the development of its area of jurisdiction.
Terms Used In Arizona Laws 11-802
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Area of jurisdiction: means that part of the county outside the corporate limits of any municipality. See Arizona Laws 11-801
- Board: means the board of supervisors. See Arizona Laws 11-801
- Commission: means the county planning and zoning commission. See Arizona Laws 11-801
- 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. See Arizona Laws 11-801
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
- Quorum: The number of legislators that must be present to do business.
- Zoning regulations: means provisions that govern 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 that the board deems suitable and proper. See Arizona Laws 11-801
B. The commission shall act in an advisory capacity to the board and may or, if requested by the board, shall 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 those investigations, maps, reports and recommendations in connection with those investigations, maps and reports as seem desirable within the limits of the monies available.
C. In the counties having three supervisorial districts, each 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.
D. Except as provided in subsection E of this section, in the counties having five supervisorial districts, each 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. Members shall be residents of the district from which they are appointed. Members of the commission shall serve without compensation except for reasonable travel expenses.
E. 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 C and D of this section. Members appointed to the commission pursuant to this subsection require the approval of the board.
F. In counties with a population of less than one hundred seventy-nine thousand persons, an alternate member may be appointed by the appointing supervisor for each commission member appointed pursuant to subsections C, D and E of this section to serve in the absence of that member. Alternate members may be appointed from any supervisorial district in the county. During any meeting of the commission, if the regularly appointed member becomes available, the alternate member shall conclude any action on the agenda item under consideration and the regularly appointed member shall be seated for the remaining items.
G. 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 C 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 D 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, the vacancy shall be filled by appointment for the unexpired portion of the term. The board may remove members of the commission for cause.
H. On a conversion from three to five supervisorial districts pursuant to section 11-212, the board of supervisors, on expiration of the terms of members of the commission serving on the date of the conversion, shall make those appointments to fill the vacancies to conform to subsection D of this section as soon as is practicable.
I. 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.
J. The commission shall:
1. Elect a chairperson from among its members for a term of one year and those other officers as it determines.
2. By resolution fix the time and place within the district of regular meetings, hold at least one regular meeting each month when there is new official business to transact and hold additional meetings as the chairperson 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.
K. A majority of the commission constitutes a quorum for the transaction of business and a majority vote of the quorum is required for any official action.