Legal Protest

Frequently Asked Questions

What is a legal protest to a Zoning Case?
Protests are a legal challenge to a zoning case that, if successful, increases the required number of votes by the City Council for project approval. 

The State of Arizona has set out the criteria for a legal protest (Arizona Revised Statute § 9-462.04[H] and [K]). In conformance with the state statute, we set forth the process in the Mesa Zoning Ordinance Section 11-67-4 (E).

What is a Zoning Case?
A zoning case is a development proposal that is being reviewed for conformance with the Mesa Zoning Ordinance.

Can any planning case be protested?
Any proposed zoning amendment, Council Use Permit, Site Plan Review or Site Plan Modification, including amendments to a previously approved project, or appeals to a previously approved project, can be protested.

How many votes does it take to approve a protested zoning case?
If 20% of property owners have signed and successfully filled a legal protest, three-fourths of the City Council is required to vote in the affirmative to approve a protested zoning case.

Who can sign a legal protest?
Any property owner within the “Zoning Area” can sign a legal protest. The signatures on the protest form must be from the current owner as listed on the Maricopa County Assessor’s website.

Renters and tenants are not eligible to sign the legal protest form. 

What is the “Zoning Area”?
The Zoning Area includes all land within 150 feet of the property where the proposed project is located. The Zoning Area is measured from the proposed project site’s boundaries. 

The Zoning Area includes the proposed project site and any rights-of-way. We developed a companion resource guide that illustrates how the Zoning Area is calculated(PDF, 522KB).

If my lot is not completely in the Zoning Area, can I still sign the protest?
If a lot is partially in and partially out of the Zoning Area, the property will be counted as being within the Zoning Area. Only the portion of the lot that is within the Zoning Area will be included in the acreage calculation. We developed a companion resource guide that illustrates how the Zoning Area is calculated(PDF, 522KB).

How many signatures are required for a legal protest to be effective?
For a legal protest to be effective, owners of at least 20% of the property (not including public rights-of-way or government owned property) within the Zoning Area must sign it. The 20% is measured both by land area and the number of lots, tracts, and condominiums units within the Zoning Area. 

How does Mesa verify that the protest signatures are valid?
We will verify the Zoning Area and signatures with the owner as listed on the County Assessor’s website.

What if a property has multiple owners or is owned by a company?
For jointly owned property, the signature of one owner who has the legal authority to sign for and bind all the owners needs to sign the protest. If this legal authority does not exist, all owners should sign the form.

For property owned by a company, a representative of the entity with legal authority to sign for and bind the entity will need to sign the protest.

A legal representative can also sign for an owner, if they verify their authority with us. 

What information is required to file a protest?
To file a legal protest, the following must be submitted to us:

• The zoning case number 
• The name and address of the protesting owners 
• Signatures of the protesting owners 

What is the deadline to file a legal protest?
State statute permits jurisdictions to set a deadline for filing a legal protest. In Mesa, the deadline is noon on the Monday of the week prior to the Council action (not the week prior to Council introduction).

If Mesa offices are closed on the deadline day because of a local, state, or national holiday, the protest must be filed by noon the next business day.

Where do I submit my protest?
Signed protests must be filed at:

Mesa City Clerk’s Office
20 E. Main St #150
Mesa, AZ 85201

How do I find a Zoning Case Number?
To identify the zoning case number:

• Search the address on the Mesa Planning Map
• Right click on the subject property and click “Find All Data Here.”
• Expand the Planning & Zoning results on the left side of the screen.
• Click the arrow next to the latest case record and read the description to confirm that this is the zoning case you would like to protest.

The zoning case number will begin with the letters “ZON” and will be followed by seven numbers. 

As an alternative, you can call the Planning Division at 480-644-4726 for the case number. 

How can I find the zoning case hearing date?
You can search for the zoning case number with the Mesa City Council Calendar to identify the hearing date.

As an alternative, you can call the Planning Division at 480-644-4726 for the case hearing date.

Can I sign the protest after the required deadline?
No. Completed and signed protests must be filed by the deadline.

Does Mesa have a form or guide for Legal Protests?
Yes. We created a companion resource guide(PDF, 522KB) which includes a form you can use for signatures of protesting owners.

Does Mesa provide a list or map of owners/ properties?
No. We do not provide a list or map of the owners or properties within the Zoning Area. This information is available at the Maricopa County Assessor’s Office website with tools available to create the map showing the 150-foot radius. 

Do I need to attend the City Council Hearing to have my protest count?
No. If a protest meets all requirements of the Arizona State Statute and the Mesa Zoning Ordinance and receives the vote by the Mesa City Council supporting the protest, the protest will be successful.