Arizona Laws 48-503. Off-street parking sites in cities; acquisition of property; exceptions to acquisition of property
A. When the public interest or convenience requires, the city or town council of such municipality may order the laying out, opening, extending, widening, straightening or closing up, in whole or in part, of any off-street parking site within the municipality, and acquire any property necessary or convenient for that purpose, by the exercise of the right of eminent domain.
Terms Used In Arizona Laws 48-503
- city: includes counties, incorporated cities and towns and other corporations organized for municipal purposes. See Arizona Laws 48-501
- council: includes any body or board in which is vested by law the legislative power of a municipality. See Arizona Laws 48-501
- Lot: includes any portion, piece, parcel or subdivision of land, and includes property owned or controlled by any person as a railroad right-of-way. See Arizona Laws 48-571
- Owner: means the person in whom, on the day the action or proceeding is commenced, appears the legal title to the lot by deed recorded in the recorder's office, or the person in possession of the lot under claim of title, or exercising acts of ownership over the lot for the person, or as the personal representative of the owner. See Arizona Laws 48-571
- Property: includes both real and personal property. See Arizona Laws 1-215
B. If in connection with any lot or parcel within a proposed assessment district, adequate off-street parking facilities have been provided, such lot or parcel shall be excluded from the assessment district and shall not be assessed for such improvements if within the time and in the manner provided in section 48-507 the owner or owners file a written protest. For the purposes of this subsection in cities having a zoning code or ordinance, such off-street parking facilities shall not be deemed adequate unless the off-street parking facilities provided meet or exceed the requirements of the zoning code or ordinance for a lot or parcel of that size in that zone, and in cities not having a zoning code or ordinance, the facilities provided shall not be deemed adequate unless parking space for one motor vehicle is provided for each three hundred square feet of floor space in the building served by such off-street parking site. If any lot or parcel within a proposed assessment district organized for the acquisition of off-street parking sites is zoned and used exclusively for single family residential purposes, such lot or parcel shall be excluded from the assessment district, and shall not be assessed for such improvements, if within the time and in the manner provided in section 48-507 the owner or owners file a written protest.