Arizona Laws 9-1203. Duration of a protected development right; termination
A. A protected development right established under a protected development right plan is valid for three years for a nonphased development or five years for a phased development.
Terms Used In Arizona Laws 9-1203
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Landowner: means any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and personal representative of the owner, or a representative authorized by a landowner to submit to a city or town a development application for a property for approval. See Arizona Laws 9-1201
- Property: means all real property subject to zoning regulations and restrictions by a city or town. See Arizona Laws 9-1201
- Protected development right: means the right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan and this article, without compliance with subsequent changes in zoning regulations and development standards, except as provided by section 9-1204. See Arizona Laws 9-1201
- Protected development right plan: means a plan submitted by a landowner to a city or town, that, if approved by the legislative body of the city or town and if identified as a protected development right plan at the time it is submitted, grants the landowner, for a specified period of time, a protected development right to undertake and complete the development as shown on the plan. See Arizona Laws 9-1201
B. A city or town may extend for a maximum of two additional years the duration of a protected development right obtained through approval of a protected development right plan, if a longer time period is warranted by all relevant circumstances, including the size, type and phasing of the development on the property, the level of investment of the landowner, economic cycles and market conditions. The decision to extend the time period for a protected development right is in the discretion of the city or town. However, a protected development right shall not remain established for more than five years for a nonphased development or seven years for a phased development.
C. After the approval of a protected development right plan, the plan may be subject to subsequent reviews and approvals by the city or town to ensure compliance with the terms and conditions of the original approval if these reviews and approvals are not inconsistent with the original approval. The city or town may revoke its approval of the protected development right plan for failure to comply with applicable terms and conditions imposed on the approval.
D. A protected development right terminates at the end of the applicable period established under this section. If a building permit has been issued before the date of termination of a protected development right, the protected development right remains valid until the building permit expires, but in no event for longer than one year. On expiration, only principal structures for which footings or foundations have been completed may be finished under the protected development right. On the expiration of a protected development right, development may continue based on a valid building permit and according to standards in effect at that time. An unexpired building permit issued for a property with a protected development right neither expires nor shall be revoked merely because a protected development right expires under the time limitations specified in this section.