4.5. WRITTEN PROTEST REQUIRING SUPER-MAJORITY VOTE.

• Jurisdiction: Arizona

4.5. Written protest requiring super-majority vote.

4.5.1. Statutory provisions.

A.R.S. § 9-462.04(H) (for municipal rezonings, a protest by 20% or more of the property by area and number of lots, tracts and condominium units within the "zoning area" requires a three-fourths super-majority vote of city or town council; "zoning area" means the property being rezoned and the area (including all right-of-way) within 150 feet of the property being rezoned; a protest must be signed by the property owners opposed to the amendment and filed in the office of the clerk of the municipality not later than noon one business day before the date the governing body will vote on the proposed amendment, or such earlier time and date established by the governing body)

A.R.S. § 11-814(E) & (L) (for rezonings in counties with five or more supervisors, a protest by 20% or more of the property within 300 feet of the property being rezoned requires a three-fourths super-majority vote of the board of supervisors; only a majority vote is required for counties with three supervisors)

Schwarz v. City of Glendale, 190 Ariz. 508, 950 P.2d 167 (App. 1997) (applicant for zoning change may avoid super-majority vote required by A.R.S. § 9-462.04(H) by creating a buffer zone between property to be rezoned and adjacent land)

4.5.2. Effect of failure to receive...