11-805. Comprehensive plan adoption; notice;
hearing; amendment; expiration; readoption



(L10, Ch. 244, sec. 7. Eff. 10/1/11)



A. The board shall adopt a comprehensive plan and subsequently amend or extend the
adopted plan as provided by this article. On adoption or readoption, the plan, or any
part of the plan, shall be the official guide for the development of the area of
jurisdiction. Any change, amendment, extension or addition of the comprehensive plan may
be made only pursuant to this chapter.


B. The board of supervisors shall:


1. Adopt written procedures to provide effective, early and continuous public
participation in the development and major amendment of the comprehensive plan 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.


(c) Public hearings after effective notice.


(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's area of
jurisdiction includes territory in the vicinity of a military airport or ancillary
military facility 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.


C. 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
that do not begin and terminate within the boundaries of any single city or town and that
will, pursuant to 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.


D. The commission shall coordinate the production of the comprehensive plan with
the creation of the conceptual state land use plans under title 37, chapter 2, article
5.1. The commission shall cooperate with the state land department regarding integrating
the conceptual state land use plans into the comprehensive plan.


E. The commission may formulate and draft the comprehensive plan as a whole, or
separate parts of the plan corresponding with functional divisions of the subject matter,
and, subject to the limitations of this chapter, may amend, extend or add to the
comprehensive plan.


F. At least sixty days before the comprehensive plan or an element or major
amendment of a comprehensive plan is noticed pursuant to subsection G of this section,
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.


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


7. If the comprehensive plan or an element or major amendment of the comprehensive
plan is applicable to property in the high noise or accident potential zone of a military
airport or ancillary military facility as defined in section 28-8461, the attorney
general. For the purposes of this paragraph, "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.


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


G. After considering any recommendations from the review required under subsection
F of this section, the commission shall hold at least one public hearing. 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 in the county
seat.


2. Publication at least once in a newspaper of general circulation in the area to
be affected, or adjacent to the area to be affected, if the area affected is other than
the county seat.


3. Such other manner in addition to publication as the county may deem necessary or
desirable.


H. After the commission recommends the comprehensive plan or any section of the
plan, the plan shall be submitted to the board of supervisors for its consideration and
official action.


I. Before the adoption, amendment or extension of the plan, the board shall hold at
least one public hearing on the plan. After the board considers the commission's
recommendation and any recommendations from the review required under subsection F of
this section, 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 comprehensive plan. However, before any
change is made, that portion of the plan proposed to be changed shall be re-referred to
the commission for its recommendation, which may be accepted or rejected by the board.


J. 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. 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 the comprehensive plan, and any major amendment to the
comprehensive 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. For the purposes of this section, "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.


K. If the county's area of jurisdiction includes property in the high noise or
accident potential zone of a military airport or ancillary military facility as defined
in section 28-8461, the board shall send notice of the approval, adoption or readoption
of the comprehensive plan or major amendment to the comprehensive plan to the attorney
general by certified mail, return receipt requested, within three business days after the
approval, adoption or readoption. If the attorney general determines the approval,
adoption or readoption of the comprehensive plan or major amendment to the comprehensive
plan is not in compliance with section 28-8481, subsection J, the attorney general shall
notify the county by certified mail, return receipt requested, of the determination of
noncompliance. The board shall receive the notice from the attorney general within
twenty-five days after the notice from the board to the attorney general is mailed
pursuant to this subsection. The effective date of any approval, adoption or readoption
of, or major amendment to, the comprehensive plan shall be thirty days after the board's
receipt of the attorney general's determination of noncompliance. Within thirty days
after the receipt of a determination of noncompliance by the attorney general as
prescribed by this section, the board shall reconsider any approval, adoption or
readoption of, or major amendment to, the comprehensive plan that impacts property in the
high noise or accident potential zone of a military airport or ancillary military
facility as defined in section 28-8461. If the board reaffirms a prior action subject to
an attorney general's determination of noncompliance pursuant to this section, the
attorney general may institute a civil action pursuant to section 28-8481, subsection L.
If the board timely sends notice pursuant to this subsection and the attorney general
fails to timely notify the board of a determination of noncompliance, the comprehensive
plan or major amendment to the comprehensive plan is deemed to comply with section
28-8481, subsection J. For the purposes of this subsection "major amendment" has the same
meaning prescribed in subsection J of this section.


L. 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. 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.


M. 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
comprehensive plan as provided by this article.