Arizona Laws 9-462.07. Extraterritorial jurisdiction
A. In any county not having a county zoning ordinance applicable to the unincorporated territory, the legislative body of a municipality may exercise the zoning powers granted in this article both to territory within its corporate limits and to that which extends a distance of three contiguous miles in all directions of its corporate limits and is not located in a municipality. Any ordinance intended to have application beyond the corporate limits of the municipality shall expressly state the intention of such application. Such ordinance shall be adopted in accordance with the provisions set forth therein.
Terms Used In Arizona Laws 9-462.07
- Board of adjustment: means the official body designated by local ordinance to hear and decide applications for variances from the terms of the zoning ordinance and appeals from the decision of the zoning administrator. See Arizona Laws 9-462
- 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.
- municipality: means an incorporated city or town. See Arizona Laws 9-462
- Planning agency: means the official body designated by local ordinance to carry out the purposes of this article and may be a planning department, a planning commission, a hearing officer, the legislative body itself or any combination thereof. See Arizona Laws 9-462
- Zoning ordinance: means a municipal ordinance regulating the use of the land or structures, or both, as provided in this article. See Arizona Laws 9-462
B. The extraterritorial jurisdiction of two or more municipalities whose boundaries are less than six miles apart terminates at a boundary line equidistant from the respective corporate limits of such municipalities, or at such line as is agreed to by the legislative bodies of the respective municipalities.
C. As a prerequisite to the exercise of extraterritorial jurisdiction the membership of the planning agency charged with the preparation or administration of proposed comprehensive zoning regulations for the area of extraterritorial jurisdiction shall be increased to include two additional members to represent the unincorporated area. Any additional member shall be a resident of the three mile area outside the corporate limits and be appointed by the legislative body of the county wherein the unincorporated area is situated. Any additional member shall have equal rights, privileges and duties with the other members of the planning agency in all matters pertaining to the plans and regulations of the unincorporated area in which they reside, both in preparation of the original plans and regulations and in consideration of any proposed amendments to such plans and regulations.
D. If a municipal governing body adopts zoning regulations for the area outside its corporate limits, it shall increase the membership of the board of adjustment by adding one or two additional members. Any such member shall be a resident of the area of extraterritorial jurisdiction outside the corporate limits and shall be appointed by the legislative body of the county wherein the unincorporated area is situated. Any such member shall have equal rights, privileges, and duties with other members of the board of zoning adjustment in all matters pertaining to the regulation of the unincorporated area in which they reside. The concurring vote of a majority of the members of the enlarged board is necessary to reverse any order, requirement, decision or determination of an administrative official charged with the enforcement of an ordinance.
E. Any municipal legislative body exercising the powers granted by this section may provide for the enforcement of its regulations for the area of extraterritorial jurisdiction in the same manner as the regulations for the area within the municipality are enforced.