Arizona Laws 9-1204. Subsequent changes prohibited; exceptions
A. A protected development right established under this section precludes the enforcement against the property to which the protected development right applies of any legislative or administrative land use regulation by a city or town or pursuant to an initiated measure that would change, alter, impair, prevent, diminish, delay or otherwise impact the development or use of the property as set forth in an approved protected development right plan, except under any one or more of the following circumstances:
Terms Used In Arizona Laws 9-1204
- 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
1. With the written consent of the affected landowner.
2. On findings, by ordinance or resolution, and after notice and a public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as approved in the protected development right plan.
3. On findings, by ordinance or resolution, and after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval of the protected development right plan by the city or town.
4. On the enactment of a state or federal law or regulation that precludes development as approved in the protected development right plan, in which case the governing body of the city or town, after notice and a hearing, may modify the affected provisions, on a finding that the change in state or federal law has a fundamental effect on the protected development right plan.
B. A protected development right does not preclude the enforcement of a subsequently adopted overlay zoning classification that imposes additional requirements and that does not affect the allowable type or density of use, or ordinances or regulations that are general in nature and that are applicable to all property subject to land use regulation by the city or town, such as building, fire, plumbing, electrical and mechanical codes.
C. Notwithstanding any other provision of this article, the establishment of a protected development right does not preclude, change or impair the authority of a city or town to adopt and enforce zoning ordinance provisions governing nonconforming property or uses.
D. This article does not alter or diminish the authority of a city or town to exercise its eminent domain powers.