Assigned to RAGE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1352
rezoning; administrative act; referral prohibited
Purpose
Deems the approval of an application for rezoning, by the legislative body of a municipality
or county, an administrative act that is not subject to a referendum petition.
Background
Municipalities and counties may adopt zoning ordinances and codes to conserve and
promote the public health, safety, convenience and general welfare (A.R.S. §§ 9-462.01 and
11-811).
The governing body of a municipality or county must adopt by ordinance a citizen review
process that applies to all rezoning applications. The citizen review process must include at least:
1) notifying adjacent landowners and other potentially affected citizens of the application;
2) informing adjacent landowners and other potentially affected citizens on the substance of the
proposed rezoning; and 3) providing adjacent landowners and other potentially affected citizen an
opportunity to express any issues or concerns regarding the rezoning before a required public
hearing. All rezoning applications must be adopted following the citizen review and public hearing
process as prescribed by statute (A.R.S. §§ 9-462.03; 9-462.04 and 11-814).
The Arizona Constitution grants qualified electors the power of the referendum to approve
or reject at the polls all matters on which a city, town or county is empowered by general laws to
legislate. A person or organization may file a referendum petition against the rezoning of a parcel
of property on the approval by the city or town council of the ordinance that adopts the rezoning
or on the approval of that portion of the minutes of the city or town council that include the
council's approval of the rezoning, whichever occurs first (Ariz. Const. art. 4, pt. 1 § 1; A.R.S. §
19-142).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Deems the approval of an application for rezoning, by the legislative body of a municipality or
county, an administrative act.
2. Precludes the approval of an application for rezoning, by the legislative body of a municipality
or county, from the filing of a referendum petition by a person or organization. FACT SHEET
S.B. 1352
Page 2
3. Specifies that the approval of an application for rezoning, by the legislative body of a
municipality or county, is all of the following:
a) of a temporary and special character;
b) pursuing a plan already adopted by the municipality or county; and
c) of a specific and limited application.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2025
JT/ci