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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Cities and Towns
Chapter : GENERAL POWERS
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9-401 Acquisition of land by city; extent andnotice of city jurisdiction
A. A city or town may purchase, lease or rent land, whether contiguous or
noncontiguous, lying outside its corporate limits, for its purposes and uses, and any
violation of an ordinance of the city or town occurring within the territorial limits of
the land may be punished by the city or town having control thereof to the same extent
and with like effect as if the violation occurred within the corporate limits.
B. At any point at which a public road enters land purchased, leased or rented as
provided by subsection A, the city or town having control thereof shall erect and
maintain a sign, not less than eighteen inches by three feet in size, containing a
warning notice in bold letters that the area being entered is subject to the jurisdiction
of the city or town.
9-402 Sale and disposition of property;advertising for bids; publication; donation; easements
A. A city or town may sell and convey all or any part of its real or personal
property, whether or not the property is devoted exclusively to public use.
B. The sale shall not be made until an invitation for bids for the purchase of the
property has been published as provided by section 39-204 and notice has been posted in
three or more public places within the city or town.
C. If no newspaper is published within the city or town, then the invitation for
bids shall be published as provided by section 39-204, and by posting notices for bidders
in three or more public places within the city or town.
D. A city or town may donate lost and found or unclaimed personal property in its
custody for at least ninety days to nonprofit charitable organizations.
E. Notwithstanding subsections A and B of this section, a city or town may convey
to the appropriate property owner without receiving payment an easement that the city or
town no longer needs.
9-403 Sale of real property valued at more thanfive hundred thousand dollars; special election; sale atauction
A. Real property of a city or town, the value of which exceeds five hundred
thousand dollars, shall not be sold unless first authorized by a special election called
for the purpose of submitting to the voters of the city or town the question of selling
or not selling the real property proposed for sale. The election shall be held within
the corporate limits of the city or town on a date prescribed by section 16-204, and
notice shall be given as provided in section 9-402.
B. The ballots shall contain a description of the property proposed for sale and
the reason why the governing body desires the property sold. The description and reasons
shall be printed in eight-point type and shall contain not more than one hundred words.
C. If a majority of the ballots cast is in favor of selling, then the governing
body may sell the property at public auction, after giving the notice required in section
9-402, to the highest bidder for cash, reserving the right to reject any and all bids.
9-404 Payment of outstanding taxes, penaltiesand interest on acquiring property
A. If a city or town acquires real or personal property, whether by purchase,
exchange, condemnation, gift or otherwise, the city or town shall pay to the county
treasurer any taxes on the property that were unpaid as of the date of acquisition,
including penalties and interest.
B. The lien for unpaid delinquent taxes, penalties and interest on property
acquired by a city or town:
1. Is not abated, extinguished, discharged or merged in the title to the property.
2. Is enforceable in the same manner as other delinquent tax liens.
9-405 Sale, lease or exchange of surplusproperty to federal government
A. Notwithstanding the provisions of section 9-402, 9-403 or 9-241, the governing
body of a city or town may sell, lease or otherwise grant to the United States for
governmental purposes any real property owned by it and surplus to its needs. The
determination of the governing body that such property is surplus shall be final, and the
property may be sold to the United States for such consideration as may be agreed upon
between the governing body and officials of the federal government, including the
exchange of land for land under the land exchange acts of the United States.
B. Not less than ten days prior to the actual sale, lease or other disposition of
such property, the governing body of the city or town shall cause to be published in a
newspaper of general circulation within the county, or, if there is no such newspaper,
then by posting in three public places within the county, a notice of the intent to
dispose of the property, together with a description of the property and the terms and
conditions of the proposed sale, lease or other disposition thereof.
C. The sale shall be conducted without formalities, advertisement for bids or
consideration of bids by other persons, but where the value of real estate proposed to be
disposed of exceeds the amount of fifty thousand dollars, such sale, lease or exchange
shall not be made unless first authorized by the voters of such city or town at a special
election to be called and held in accordance with the provisions of section 9-403.
D. Nothing in this section shall be deemed to affect the provisions of sections
28-8411 and 28-8414.
9-406 Sale, lease or conveyance of land by cityor town incorporated pursuant to congressional enablinglegislation
A city or town which has incorporated under the laws of the state of ARIZONA
pursuant to enabling legislation of the Congress of the United States and which upon
incorporation acquires ownership of land in excess of one section from the United States
may provide by ordinance for the manner of disposition, sale, lease or conveyance of land
owned by such city or town.
9-407 Exchange and sale of real property;notice of intent
A. Any incorporated city or town may by ordinance authorize an exchange of a parcel
of real property for any other parcel of real property within the incorporated city or
town, provided the parcels of real property are of substantially equal value and the
exchange meets the terms and conditions set forth in such ordinance.
B. Any incorporated city or town may sell a parcel of real property to another
political subdivision without following the procedures specified in sections 9-402 and
9-403.
C. A notice of intent to exchange or sell any property pursuant to this section
shall be published in accordance with the provisions of section 39-204 before the
exchange or sale.
9-408 Home equity conversion program;authorization; use of proceeds
A. A city or town, by ordinance, may offer a home equity conversion program for
persons sixty years of age or older.
B. A city or town shall use any monies obtained from a home equity conversion
program, after payment of all costs and expenses, on programs for senior citizens.
9-409 Condemnation actions; interest
Interest on a judgment in a condemnation proceeding instituted by the city or town,
including interest that is payable pursuant to section 12-1123, subsection B, shall be
calculated for each month or portion of a month that interest is owed and shall be
either:
1. The prime rate charged by banks on short-term business loans as determined for
publication in the bulletin of the board of governors of the federal reserve system, as
of the first day of that month.
2. In the absence of a determination by the board of governors of the federal
reserve system, calculated in the same manner based on comparable data as determined by
the United States department of commerce, bureau of economic analysis, for publication in
"survey of current business".
3. If the prime rate cannot be determined from publication as provided in paragraph
2, determined by a federal agency that is annually designated by the governing body of
the city or town and that makes and publishes data sufficient to determine the prime rate
of interest.
9-411 Tax levy for library purposes
A city or town may levy annually, in addition to all other taxes, a tax not to
exceed one and one-half mills on the assessed value of all property in the city or town,
exclusive of the valuation of property exempt from taxation, for the purpose of
establishing and maintaining therein free public libraries and reading rooms, for
purchasing books, journals and other publications, and erecting and maintaining such
buildings as may be necessary therefor.
9-412 Receipt of gifts for library
Cities or towns may receive, hold or dispose of gifts made to them for library
purposes and may apply them in a manner which will best promote the uses of the library,
subject to the terms of the gift.
9-413 Library fund
All money received for library purposes, whether by taxation or otherwise, shall
belong to and be designated as the library fund, shall be paid into the city or town
treasury, kept separate and apart from other funds, and shall be drawn therefrom as
provided in this article, but only for purposes therein authorized.
9-414 Trustees; terms; compensation
A. The governing body of a city or town may appoint residents of the city or town
as trustees of its library.
B. In cities or towns of less than three thousand inhabitants there may be six
trustees, and in other cities or towns there may be nine trustees. Trustees shall hold
office for three years from July 1 in the year of their appointment, unless sooner
removed for good cause.
C. Upon the first appointment of trustees in a city or town, they shall, at their
first meeting, divide themselves by lot into three classes, one third to serve for one
year, one third to serve for two years, and one third to serve for three years.
D. The office shall be honorary and without compensation.
9-415 Trustees; organization; appointment oflibrarian
A. The trustees shall have charge of the library and all library property. They
shall meet for business purposes each month, and at such other times as they shall
appoint, at a place to be provided for the purpose. They may elect from their body a
president and secretary, and may adopt an official seal. The secretary shall keep a full
statement and account of all property, receipts and expenditures, and a record of the
proceedings of the board.
B. The trustees may appoint a librarian.
9-416 Powers of trustees
The trustees, by a majority vote of their members recorded in the minutes with the
ayes and nays at length, may:
1. Make and enforce all rules, regulations and by-laws necessary for the
administration and government of the library and all library property.
2. Exercise and administer any trust declared or created for the library or reading
room.
3. Define the powers and prescribe the duties of officers and elect and remove at
will officers and assistants.
4. Purchase necessary books, journals, publications and other personal property.
5. Order the drawing and payment, upon properly authenticated vouchers, certified
by the president and secretary, of money out of the library fund for any liability
authorized.
6. Fix the salary of the librarian.
7. By and with the consent and approval of the governing body of the city or town,
purchase real property and erect and equip buildings as may be necessary for the library
and reading rooms.
9-417 Audit and payment of claims
The warrant of the trustees, when made and authenticated as provided in section
9-416, shall be verified and audited by the auditing officer, and paid by the treasurer
of the city or town from the library fund.
9-418 Annual reports by trustees
A. The trustees, on or before the first Monday of July of each year, shall make a
report to the governing body of the city or town containing:
1. A full statement of all property and money received, where derived and how used
and expended.
2. The number of books, journals and other publications on hand, the number added
by gift, purchase or otherwise during the year, the number lost or missing and the number
and kind of those loaned.
3. Such other statistics, information and suggestions as may be of general
interest.
B. A financial report, showing all receipts and disbursements of money, shall be
made by the secretary of the board of trustees, verified by oath.
9-419 Regulation of library use; use of landfor library
A. A city or town in which a public library is established may pass ordinances for
the protection of the library and library property, and imposing penalties for punishment
of persons committing injury to the library or its property or books, or for failure to
return a book or other library property.
B. The city or town may grant, donate or authorize the use of land belonging to the
city or town, or dedicated to public use therein, for the purpose of erecting and
maintaining a building to be used only for a public library and reading room.
9-420 Contracts between city or town and theARIZONA state library; expenditure of public monies
The governing body of a city or town having a free library, or a library
established under this article, may enter into a contract with the ARIZONA state
library, archives and public records to provide supervision by the state library of
expenditures of all monies involved in financing a library service or construction
project when any portion of the monies is allocated by the federal government.
9-431 Finding of statewide concern; preemptionof city charter
The ownership by cities and towns of tracts of land in counties other than the
county in which the city or town is located from which water is or may be withdrawn or
diverted and transported that causes the removal of the municipal property from the tax
roll of the county in which the lands are located thereby reducing the taxing and bonding
capacity of the county and other political subdivisions in which the property is located
is an issue of statewide concern that requires regulation by this state, notwithstanding
any provisions of a city charter.
9-432 Remote municipal property as watersource; payments in lieu of property taxes required to transportwater
A. In exercising the powers granted by this title or by charter, a city, town or
successor political subdivision, acting through its governing body, may make voluntary
contributions of money to this state in lieu of taxes otherwise levied by taxing
jurisdictions on any of the city's, town's or political subdivision's remote municipal
property, as defined in section 42-15251.
B. Water may not be transported by a city, town or political subdivision from the
remote municipal property unless voluntary contributions under this article are current
and have been paid, together with any applicable penalties and interest, in the amount
determined under section 42-15253, beginning with the year in which the property was
purchased or January 1, 1992, whichever is later.
C. The city or town may alienate all or part of its interest in the remote
municipal property at any time, and if it does so, the city or town shall terminate its
payments under this article with respect to the alienated property. If the city or town
conveys all or part of its interest in the remote municipal property to another political
subdivision, the political subdivision shall continue the payments under this article
with respect to the transferred property.
9-433 Voluntary contributions; payment;interest on delinquent payments
A. On or before April 1 of each year each city, town or successor political
subdivision that elects to make voluntary contributions under section 9-432 shall notify
the county assessor of the county in which the property is located of its election to
make a contribution under this article.
B. The city, town or political subdivision shall pay to the county treasurer of the
county in which the property is located one-half of the amount determined pursuant to
section 42-15253 not later than the first Monday in November and the other one-half not
later than the first Monday in May of the next year. The city or town shall make these
payments solely from the revenues of any utility undertaking as defined in section
9-521. The payments shall be treated as an expense of operation and maintenance of the
utility undertaking. If the city or town has no utility undertaking or discontinues
ownership of its utility undertaking after purchase of the land, the payments shall be
made solely from proceeds of excise taxes collected by the city or town or levied and
collected by this state and distributed to the city or town.
C. Payments that are not paid when due under this section bear simple interest at
the rate of sixteen per cent per year.
9-441.01 Public purpose; declaration of housing development area by local governing body
A. It is a valid public purpose of municipalities to assist in providing for the
acquisition, construction or rehabilitation of housing and other facilities necessary or
incidental to the housing and primarily for the use of those residing in the housing, in
areas that are declared by the municipality to be housing development areas, and public
monies may be spent for these purposes in these areas.
B. Before exercising any of the powers conferred on municipalities by this article,
the local governing body shall adopt a resolution finding that a shortage of housing
exists in a certain area of the municipality, that the area is declared to be a housing
development area and that assisting in the development of housing in the area is in the
interests of the public health, safety, morals or welfare of the residents of the
municipality. The resolution shall also establish the boundaries of the housing
development area, provided that the local governing body may not approve a housing
development plan if doing so would result in more than twenty per cent of the
geographical area of the municipality being included in housing development areas.
9-441.02 Powers of municipalities
A. A municipality has the authority to carry out the provisions of this article,
including the following:
1. Enter into contracts or leases with developers of housing development projects
containing covenants, restrictions and conditions regarding the use of the property for
residential purposes.
2. Finance or refinance, by loan, grant, lease or otherwise contract with private
developers to, construct, purchase, acquire, own, modify, maintain, improve, sell,
operate, develop or manage housing development projects, and pay the costs of any housing
development project from the proceeds of bonds or other obligations of the municipality
or any other monies of the municipality, or from any contributions or loans by persons,
corporations, partnerships or other entities, all of which the municipality is authorized
to receive, accept and use.
3. Encourage and promote the improvement and revitalization of a housing
development area and make, contract for or otherwise cause to be made long-range
proposals for the housing development area.
4. Enter into contracts necessary to effectuate the purposes of this article.
5. Do all things necessary or convenient to carry out the powers conferred by this
article, except acquire real property by eminent domain for the purpose of this article
unless a property owner voluntarily offers the property owner's real property for sale.
B. This section does not affect the authority of local governing bodies to acquire
property by eminent domain in slum or blighted areas established under title 36. 9-441.03 Issuance of bonds
A. A municipality may issue bonds to finance any housing development project under
this article, including the payment of principal and interest on any advances for surveys
and plans for housing development projects, and may also issue refunding bonds for the
payment or retirement of such bonds previously issued by it. The bonds shall be made
payable, as to both principal and interest, solely from the income, proceeds, revenues
and monies of the municipality derived from or held in connection with its undertaking
and carrying out of housing development projects under this article, whether or not they
are financed in whole or in part with the proceeds of such bonds, but payment of the
bonds, both as to principal and interest, may be further or exclusively secured by a
pledge or any loan, grant or contribution from the federal government or any other
source, whether public or private, in aid of any housing development areas of the
municipality established pursuant to this article and by a mortgage of any such housing
development areas.
B. The bonds and other obligations of the municipality issued pursuant to
subsection A are not a general obligation or general debt of the municipality, this state
or any of its political subdivisions, and neither the municipality, this state nor any of
its political subdivisions are generally liable for the bonds or obligations. The bonds
or obligations shall not give rise to a general obligation or liability of the
municipality, this state or any of its political subdivisions, or a charge against their
general credit or taxing powers, and shall not be payable from any monies or properties
other than those monies or properties specifically described in subsection A, and the
bonds do not constitute an indebtedness within the meaning of any constitutional or
statutory debt limitation or restriction. Bonds issued under this article are declared
to be issued for an essential public and governmental purpose and, together with interest
and income, are exempt from all taxes.
C. Bonds issued under this section shall be authorized by a resolution of the local
governing body, may be issued in one or more series and shall bear a date or dates, be
payable on demand or mature at a time or times, bear interest at a rate or rates that may
be fixed or variable, be in a denomination or denominations, be in a form, carry
conversion or registration privileges, have rank or priority, be executed in a manner, be
payable in a medium of payment, at a place or places, and be subject to terms of
redemption, with or without premium, as provided by the resolution, trust indenture or
mortgage issued for the bonds.
D. The bonds or any bonds issued to refund the bonds may be sold at public or
private sale or by an on-line bidding process at a price or prices determined by the
local governing body or may be exchanged for other bonds. If bonds are sold at public
sale, notice shall be published once at least ten days before the sale in a newspaper of
general circulation in the area of operation or in another medium of publication as the
municipality determines. If bonds are sold through an on-line bidding process, bids for
the bonds that are entered into the system may be concealed until a specified time or
disclosed in the on-line bidding process, may be subject to improvement in favor of the
municipality before a specified time and may be for an entire issue of bonds or specified
maturities according to the manner, terms and notice provisions ordered by the governing
body. For purposes of this subsection, "on-line bidding process" means a procurement
process in which the governing body receives bids electronically over the internet in a
real-time, competitive bidding event.
E. If any other public officials of the municipality whose signatures appear on any
bonds issued under this article cease to be officials before delivery of the bonds, their
signatures are valid and sufficient for all purposes the same as if the officials had
remained in office until delivery. Bonds issued pursuant to this article are fully
negotiable.
F. In any action or proceedings involving the validity or enforceability of any
bond issued under this article or the security for the bond, the recitation in substance
in the bond that it has been issued by the municipality in connection with a housing
development area is conclusive proof that the bond was issued for that purpose, and that
area is conclusively deemed to have been planned, located and carried out in accordance
with the purposes and provisions of this article.
G. Neither the members of the local governing body nor any persons executing the
bonds are liable personally on the bonds by reason of their issuance.
9-441.04 Additional security for bonds
A. In connection with the issuance of bonds pursuant to section 9-441.03, or the
incurring of obligations under leases, and in order to secure the payment of these bonds
or obligations, a municipality, in addition to its other powers, may:
1. Prescribe the procedure, if any, by which the terms of any contract with
bondholders may be amended or abrogated, the amount of bonds the holders of which shall
consent to and the manner in which the consent may be given.
2. Vest in any obligees the right to enforce the payment of the bonds or any
covenants securing or relating to the bonds.
3. Vest in any obligee holding a specified amount of such bonds the right, in the
event of a default, to take possession of and use, operate and manage any housing
development area or any part of the area, title to which is in the municipality, or any
monies connected with the development, to collect the rents and revenues arising from the
development and to dispose of the monies in accordance with the agreement of the
municipality with such obligees.
4. Provide for the powers and duties of the obligees and limit the liabilities of
the obligees.
5. Provide the terms and conditions on which the obligees may enforce any covenant
or rights securing or relating to the bonds.
6. Exercise all or any part or combination of the powers granted by this
subsection.
7. Make covenants and do any and all acts and things necessary, convenient or
desirable to secure its bonds, or, in the discretion of the municipality, as will tend to
make the bonds more marketable even if the covenants, acts or things are not enumerated
in this section.
B. A municipality, by its resolution, trust indenture, mortgage, lease or other
contract, may confer on any obligee holding or representing a specified amount in bonds
issued pursuant to section 9-441.03 the right, in addition to all rights that may
otherwise be conferred, on the happening of an event of default as defined in such
resolution or instrument, by an action or proceeding in any court of competent
jurisdiction, both of the following:
1. To require the municipality and its officials, agents and employees to account
as if it and they were the trustees of an express trust.
2. To obtain the appointment of a receiver of any housing development area of the
municipality or any part of the area, title to which is in the municipality, and of the
rents and profits from the development.
C. If a receiver is appointed, the receiver may enter and take possession of, carry
out, operate and maintain the housing development area or any part of the area and
collect and receive all fees, rents, revenues or other charges and shall keep monies in a
separate account and apply them in accordance with the obligations of the municipality as
the court directs.
9-441.05 Construction of bond provisions
This article without reference to other statutes, constitutes full authority for the
authorization and issuance of bonds under section 9-441.03. Except as provided in
section 9-441.07, bonds authorized under this article are not subject to the provisions
of any other state law or charter relating to the issuance or sale of bonds.
9-441.06 Certification of bonds by attorney general
A. Any bonds to be issued under section 9-441.03 may be submitted to the attorney
general after all proceedings for issuance of the bonds have been taken. On submission
of the proceedings to the attorney general, the attorney general shall examine into and
pass upon the validity of the bonds and the regularity of all proceedings in connection
with the bonds.
B. If the proceedings conform to this article and are otherwise regular in form,
and if the bonds when delivered and paid for will constitute binding and legal
obligations enforceable according to their terms, the attorney general shall certify in
substance on the back of each of the bonds that it is issued in accordance with the
constitution and laws of this state.
9-441.07 Use of municipal revenue powers to provide monies for project
Every municipality may use its monies for the purposes of aiding in the planning,
undertaking or carrying out of a housing development project in its area of operations.
To obtain monies for this purpose, every municipality, in addition to other powers set
forth in this article, may levy taxes, incur indebtedness and issue bonds in amounts the
local governing body determines by resolution are necessary for the purpose of raising
monies for use in connection with a housing development project. Any bonds to be issued
by the municipality pursuant to this section shall be issued in the manner and within the
limitations prescribed by the laws of this state for the issuance and authorization of
bonds for public purposes generally.
9-441 Definitions
In this article, unless the context otherwise requires:
1. "Housing" means any structure suitable for residence by an individual or family.
2. "Housing development area" means an area within a municipality that is declared
by the local governing body to be in serious need of housing and that is declared to be
in need of the expenditure of public monies to assist the development of housing in the
area.
3. "Housing development project" means any undertaking related to real property,
structures or improvements in a housing development area, for the purpose of establishing
housing and other facilities necessary or incidental to the housing and primarily for the
use of those residing in the housing.
4. "Local governing body" means the council or legislative body charged with
governing the municipality.
5. "Municipality" means an incorporated city or town.
6. "Obligee" includes any bondholder, any agents or trustees for any bondholders or
any lessor demising to the municipality property used in connection with a housing
development project, or any assignee or assignees of such lessor's interest or any part
of the lessor's interest, and the federal government when it is a party to any contract
with the municipality.
9-451 Procedure for vacating cemeteries
A. When a cemetery or ground used as a cemetery within the corporate limits of a
city or town has been abandoned and ceases to be used for such purposes, or when in the
judgment of the governing body of the city or town, the cemetery or ground so used is
unfit or unsuited for cemetery purposes, or becomes obnoxious, or can be used for other
public purposes to better advantage, the governing body may by resolution direct that the
cemetery or ground used as a cemetery be vacated.
B. Upon the passage of an ordinance or resolution vacating a cemetery, public
notice thereof shall be published in the official newspaper of the city or town for at
least four consecutive weeks.
C. If, within six months from the date of the first publication of notice, the
remains of any person buried within the cemetery are claimed by a relative of the person
for reburial, the remains shall be delivered to the relative.
D. At the expiration of the six months period, the remains of persons buried in the
cemetery which can be identified or which have monuments or gravestones at the respective
graves and which have not been claimed by relatives shall be removed to some other
cemetery or suitable place, and all monuments and gravestones shall also be removed,
replaced and reset at the respective graves as before removal. In addition, each grave
shall be numbered in numerical order, the numbers to be carved on a suitable slab of
stone or hardwood and placed at the foot of the grave, and a list of the names of those
buried and the number of the grave in which the remains rest shall be recorded in the
office of the city or town clerk, the expense thereof to be paid by the city or town.
E. At the expiration of six months after notice, the governing body may order that
the remains of persons which have not been claimed and cannot be identified and have no
monuments or gravestones at the graves, be removed and buried as set forth in this
section, or be removed and cremated, or left in the vacated cemetery and the surface of
the ground leveled.
F. When a cemetery which is the property of a municipal corporation is vacated or
partially vacated, the cemetery shall be used as a public park.
G. A map or plat shall be recorded in the office of the city or town clerk showing
the exact location in the cemetery of the remains of persons remaining in the
cemetery. A monument shall be erected in some suitable location bearing the names, if
possible, of the persons whose remains are allowed to remain in the cemetery.
9-452 Conveyance of title to vacatedcemetery
When the title to the cemetery or ground vacated is vested in the townsite trustee,
or in a trustee for cemetery purposes, it shall be conveyed to the city or town, and used
for such public purposes as the common council may direct.
9-453 Cemetery maintenance fund
A. The governing body of a city or town having and maintaining a cemetery, may
establish a maintenance fund to provide for the maintenance and care of such
cemetery. Such maintenance fund shall consist of all amounts received by the city or
town in the form of bequests, donations, grants or gifts of all kinds or property, in fee
simple or otherwise, for the purpose of cemetery maintenance, and cities and towns are
empowered to accept such bequests, donations, grants and gifts to become part of such
maintenance funds. In addition, there may be paid into such fund each year such amounts
as the governing body may determine.
B. All amounts paid into or which become a part of a cemetery maintenance fund may
be invested or reinvested by the governing body in the manner provided in section 38-848
for the investment of funds of the public safety personnel retirement system, and the
duties, limitations, and obligations of the governing body with respect to such
maintenance fund shall, so far as practical, be the same as the duties, limitations and
obligations of the fund manager with respect to the funds of the public safety personnel
retirement system.
9-461.01 Planning agency; powers and duties
A. The legislative body of a municipality may by ordinance establish a planning
agency.
B. The planning agency shall:
1. Develop and maintain a general plan.
2. Develop such specific plans as may be necessary to implement the general plan.
3. Periodically review the capital improvement program of the municipality.
4. Perform such other planning functions as the legislative body may provide.
C. Each planning agency has the powers necessary to enable it to fulfill its
planning functions as provided in this article. It may:
1. Contract for, receive and utilize any grants or other financial assistance made
available by a municipality, a county, the state or the federal government.
2. Contract with the state or federal government and any of its agencies, or the
legislative body of any municipality or county.
9-461.02 Planning commission; creation; limitations
If a municipal planning commission is created, the organization, number of members,
the terms of office and the method of appointment and removal shall be as provided by
local ordinance, except that each municipal planning commission shall have at least five
members.
9-461.03 Planning department
A. The legislative body of any municipality may establish a planning
department. The officers and employees that the legislative body deems necessary for the
department shall be appointed by the appointing authority of the municipality.
B. The appointing authority of each municipality may appoint a director of
planning.
C. The legislative body of any municipality may employ or contract with consultants
for such services as it requires.
9-461.04 Financing
The municipal legislative body shall provide the funds, equipment and accommodations
necessary for the work of the planning agency of the municipality.
9-461.05 General plans; authority; scope
A. Each planning agency shall prepare and the governing body of each municipality
shall adopt a comprehensive, long-range general plan for the development of the
municipality. The planning agency shall coordinate the production of its general plan
with the creation of the state land department conceptual land use plans under title 37,
chapter 2, article 5.1 and shall cooperate with the state land department regarding
integrating the conceptual state land use plans into the municipality's general land use
plan. The general plan shall include provisions that identify changes or modifications to
the plan that constitute amendments and major amendments. The plan shall be adopted and
readopted in the manner prescribed by section 9-461.06.
B. The general plan shall be so prepared that all or individual elements of it may
be adopted by the governing body and that it may be made applicable to all or part of the
territory of the municipality.
C. The general plan shall consist of a statement of community goals and development
policies. It shall include maps, any necessary diagrams and text setting forth
objectives, principles, standards and plan proposals. The plan shall include the
following elements:
1. A land use element that:
(a) Designates the proposed general distribution and location and extent of such
uses of the land for housing, business, industry, agriculture, recreation, education,
public buildings and grounds, open space and other categories of public and private uses
of land as may be appropriate to the municipality.
(b) Includes a statement of the standards of population density and building
intensity recommended for the various land use categories covered by the plan.
(c) Identifies specific programs and policies that the municipality may use to
promote infill or compact form development activity and locations where those development
patterns should be encouraged.
(d) Includes consideration of air quality and access to incident solar energy for
all general categories of land use.
(e) Includes policies that address maintaining a broad variety of land uses
including the range of uses existing in the municipality when the plan is adopted,
readopted or amended.
(f) For cities and towns with territory in the vicinity of a military airport or
ancillary military facility as defined in section 28-8461, includes consideration
of military airport or ancillary military facility operations. On or before December 31,
2005, if a city or town includes land in a high noise or accident potential zone as
defined in section 28-8461, the city or town shall identify the boundaries of the high
noise or accident potential zone in its general plan for purposes of planning land uses
in the high noise or accident potential zone that are compatible with the operation of
the military airport or ancillary military facility pursuant to section 28-8481,
subsection J.
2. A circulation element consisting of the general location and extent of existing
and proposed freeways, arterial and collector streets, bicycle routes and any other modes
of transportation as may be appropriate, all correlated with the land use element of the
plan.
D. For cities and towns having a population of more than two thousand five hundred
persons but less than ten thousand persons and whose population growth rate exceeded an
average of two per cent per year for the ten year period before the most recent United
States decennial census and for cities and towns having a population of ten thousand or
more persons according to the most recent United States decennial census, the general
plan shall include, and for other cities and towns the general plan may include:
1. An open space element that includes:
(a) A comprehensive inventory of open space areas, recreational resources and
designations of access points to open space areas and resources.
(b) An analysis of forecasted needs, policies for managing and protecting open
space areas and resources and implementation strategies to acquire additional open space
areas and further establish recreational resources.
(c) Policies and implementation strategies designed to promote a regional system of
integrated open space and recreational resources and a consideration of any existing
regional open space plans.
2. A growth area element, specifically identifying those areas, if any, that are
particularly suitable for planned multimodal transportation and infrastructure expansion
and improvements designed to support a planned concentration of a variety of uses, such
as residential, office, commercial, tourism and industrial uses. This element shall
include policies and implementation strategies that are designed to:
(a) Make automobile, transit and other multimodal circulation more efficient, make
infrastructure expansion more economical and provide for a rational pattern of land
development.
(b) Conserve significant natural resources and open space areas in the growth area
and coordinate their location to similar areas outside the growth area's boundaries.
(c) Promote the public and private construction of timely and financially sound
infrastructure expansion through the use of infrastructure funding and financing planning
that is coordinated with development activity.
3. An environmental planning element that contains analyses, policies and
strategies to address anticipated effects, if any, of plan elements on air quality, water
quality and natural resources associated with proposed development under the general
plan. The policies and strategies to be developed under this element shall be designed to
have community-wide applicability and shall not require the production of an additional
environmental impact statement or similar analysis beyond the requirements of state and
federal law.
4. A cost of development element that identifies policies and strategies that the
municipality will use to require development to pay its fair share toward the cost of
additional public service needs generated by new development, with appropriate exceptions
when in the public interest. This element shall include:
(a) A component that identifies various mechanisms that are allowed by law and that
can be used to fund and finance additional public services necessary to serve the
development, including bonding, special taxing districts, development fees, in lieu fees,
facility construction, dedications and service privatization.
(b) A component that identifies policies to ensure that any mechanisms that are
adopted by the municipality under this element result in a beneficial use to the
development, bear a reasonable relationship to the burden imposed on the municipality to
provide additional necessary public services to the development and otherwise are imposed
according to law.
5. A water resources element that addresses:
(a) The known legally and physically available surface water, groundwater and
effluent supplies.
(b) The demand for water that will result from future growth projected in the
general plan, added to existing uses.
(c) An analysis of how the demand for water that will result from future growth
projected in the general plan will be served by the water supplies identified in
subdivision (a) of this paragraph or a plan to obtain additional necessary water
supplies.
E. The general plan shall include for cities of fifty thousand persons or more and
may include for cities of less than fifty thousand persons the following elements or any
part or phase of the following elements:
1. A conservation element for the conservation, development and utilization of
natural resources, including forests, soils, rivers and other waters, harbors, fisheries,
wildlife, minerals and other natural resources. The conservation element may also cover:
(a) The reclamation of land.
(b) Flood control.
(c) Prevention and control of the pollution of streams and other waters.
(d) Regulation of the use of land in stream channels and other areas required for
the accomplishment of the conservation plan.
(e) Prevention, control and correction of the erosion of soils, beaches and shores.
(f) Protection of watersheds.
2. A recreation element showing a comprehensive system of areas and public sites
for recreation, including the following and, if practicable, their locations and proposed
development:
(a) Natural reservations.
(b) Parks.
(c) Parkways and scenic drives.
(d) Beaches.
(e) Playgrounds and playfields.
(f) Open space.
(g) Bicycle routes.
(h) Other recreation areas.
3. The circulation element provided for in subsection C, paragraph 2 of this
section shall also include for cities of fifty thousand persons or more and may include
for cities of less than fifty thousand persons recommendations concerning parking
facilities, building setback requirements and the delineations of such systems on the
land, a system of street naming and house and building numbering and other matters as may
be related to the improvement of circulation of traffic. The circulation element may also
include:
(a) A transportation element showing a comprehensive transportation system,
including locations of rights-of-way, terminals, viaducts and grade separations. This
element of the plan may also include port, harbor, aviation and related facilities.
(b) A transit element showing a proposed system of rail or transit lines or other
mode of transportation as may be appropriate.
4. A public services and facilities element showing general plans for police, fire,
emergency services, sewage, refuse disposal, drainage, local utilities, rights-of-way,
easements and facilities for them.
5. A public buildings element showing locations of civic and community centers,
public schools, libraries, police and fire stations and other public buildings.
6. A housing element consisting of standards and programs for the elimination of
substandard dwelling conditions, for the improvement of housing quality, variety and
affordability and for provision of adequate sites for housing. This element shall
contain an identification and analysis of existing and forecasted housing needs. This
element shall be designed to make equal provision for the housing needs of all segments
of the community regardless of race, color, creed or economic level.
7. A conservation, rehabilitation and redevelopment element consisting of plans and
programs for:
(a) The elimination of slums and blighted areas.
(b) Community redevelopment, including housing sites, business and industrial sites
and public building sites.
(c) Neighborhood preservation and revitalization.
(d) Other purposes authorized by law.
8. A safety element for the protection of the community from natural and artificial
hazards including features necessary for such protection as evacuation routes, peak load
water supply requirements, minimum road widths according to function, clearances around
structures and geologic hazard mapping in areas of known geologic hazards.
9. A bicycling element consisting of proposed bicycle facilities such as bicycle
routes, bicycle parking areas and designated bicycle street crossing areas.
F. The water resources element of the general plan does not require:
1. New independent hydrogeologic studies.
2. The city or town to be a water service provider.
G. The land use element of a general plan of a city with a population of more than
one million persons shall include protections from encroaching development for any
shooting range that is owned by this state and that is located within or adjacent to the
exterior municipal boundaries on or before January 1, 2004. The general plan shall
establish land use categories within at least one-half mile from the exterior boundaries
of the shooting range that are consistent with the continued existence of the shooting
range and that exclude incompatible uses such as residences, schools, hotels, motels,
hospitals or churches except that land zoned to permit these incompatible uses on the
effective date of this amendment to this section are exempt from this exclusion. For the
purposes of this subsection, "shooting range" means a permanently located and improved
area that is designed and operated for the use of rifles, shotguns, pistols, silhouettes,
skeet, trap, black powder or any other similar sport shooting in an outdoor environment.
Shooting range does not include:
1. Any area for the exclusive use of archery or air guns.
2. An enclosed indoor facility that is designed to offer a totally controlled
shooting environment and that includes impenetrable walls, floor and ceiling, adequate
ventilation, lighting systems and acoustical treatment for sound attenuation suitable for
the range's approved use.
3. A national guard facility located in a city or town with a population of more
than one million persons.
4. A facility that was not owned by this state before January 1, 2002.
H. The policies and strategies to be developed under these elements shall be
designed to have community-wide applicability and this section does not authorize the
imposition of dedications, exactions, fees or other requirements that are not otherwise
authorized by law.
9-461.06 Adoption and amendment of general plan; expiration and readoption
A. In municipalities that have territory in a high noise or accident potential zone
as defined in section 28-8461, the legislature finds that in general plans and amendments
to general plans land use compatibility with the continued operation of a military
airport or ancillary military facility as defined in section 28-8461 is a matter of
statewide concern.
B. The general plan and any amendment to such plan shall be adopted or readopted in
the manner provided in this article.
C. The governing body shall:
1. Adopt written procedures to provide effective, early and continuous public
participation in the development and major amendment of general plans from all
geographic, ethnic and economic areas of the municipality. The procedures shall provide
for:
(a) The broad dissemination of proposals and alternatives.
(b) The opportunity for written comments.
(c) Public hearings after effective notice.
(d) Open discussions, communications programs and information services.
(e) Consideration of public comments.
2. Consult with, advise and provide an opportunity for official comment by public
officials and agencies, the county, school districts, associations of governments, public
land management agencies, the military airport if the municipality has territory in the
vicinity of a military airport or ancillary military facility as defined in section
28-8461, other appropriate government jurisdictions, public utility companies, civic,
educational, professional and other organizations, property owners and citizens generally
to secure maximum coordination of plans and to indicate properly located sites for all
public purposes on the general plan.
D. At least sixty days before the general plan or an element or major amendment of
a general plan is noticed pursuant to subsection E of this section, the planning agency
shall transmit the proposal to the planning commission, if any, and the governing body
and shall submit a copy for review and further comment to:
1. The planning agency of the county in which the municipality is located.
2. Each county or municipality that is contiguous to the corporate limits of the
municipality or its area of extraterritorial jurisdiction.
3. The regional planning agency within which the municipality is located.
4. The department of commerce or any other state agency that is subsequently
designated as the general planning agency for this state.
5. The department of water resources for review and comment on the water resources
element, if a water resources element is required.
6. If the general plan or an element or amendment of the general plan is applicable
to territory in the vicinity of a military airport or ancillary military facility as
defined in section 28-8461, the military airport.
7. If the general plan or an element or major amendment of the general plan is
applicable to property in the high noise or accident potential zone of a military airport
or ancillary military facility as defined in section 28-8461, the attorney general. For
the purposes of this paragraph, "major amendment" means a substantial alteration of the
municipality's land use mixture or balance as established in the municipality's existing
general plan land use element.
8. Any person or entity that requests in writing to receive a review copy of the
proposal.
E. If the municipality has a planning commission, after considering any
recommendations from the review required under subsection D of this section the planning
commission shall hold at least one public hearing before approving a general plan or any
amendment to such plan. When the general plan or any major amendment is being adopted,
planning commissions in municipalities having populations over twenty-five thousand
persons shall hold two or more public hearings at different locations within the
municipality to promote citizen participation. Notice of the time and place of a hearing
and availability of studies and summaries related to the hearing shall be given at least
fifteen and not more than thirty calendar days before the hearing by:
1. Publication at least once in a newspaper of general circulation published or
circulated in the municipality, or if there is none, the notice shall be posted in at
least ten public places in the municipality.
2. Such other manner in addition to publication as the municipality may deem
necessary or desirable.
F. Action by the planning commission on the general plan or any amendment to the
plan shall be transmitted to the governing body of the municipality.
G. Before adopting the general plan, or any amendment to it, the governing body
shall hold at least one public hearing. Notice of the time and place of the hearing shall
be given in the time and manner provided for the giving of notice of the hearing by the
planning commission as specified in subsection E of this section.
H. The adoption or readoption of the general plan or any amendment to such plan
shall be by resolution of the governing body of the municipality, after notice as
provided for in subsection E of this section. The adoption or readoption of or a major
amendment to the general plan shall be approved by affirmative vote of at least
two-thirds of the members of the governing body of the municipality. All major amendments
to the general plan proposed for adoption by the governing body of a municipality shall
be presented at a single public hearing during the calendar year the proposal is
made. The general plan, or any amendment to the plan, shall be endorsed in the manner
provided by the governing body to show that it has been adopted by the governing body.
If the municipality includes property in the high noise or accident potential zone of a
military airport or ancillary military facility as defined in section 28-8461, the
governing body of the municipality shall send notice of the approval, adoption or
readoption of the general plan or major amendment to the general plan to the attorney
general by certified mail, return receipt requested, within three business days after the
approval, adoption or readoption. If the attorney general determines the approval,
adoption or readoption of the general plan or major amendment to the general plan is not
in compliance with section 28-8481, subsection J, the attorney general shall notify the
municipality by certified mail, return receipt requested, of the determination of
noncompliance. The municipality shall receive the notice from the attorney general within
twenty-five days after the notice from the municipality to the attorney general is mailed
pursuant to this subsection. The effective date of any approval, adoption or readoption
of, or major amendment to, the general plan shall be thirty days after the governing
body's receipt of the attorney general's determination of noncompliance. Within thirty
days after the receipt of a determination of noncompliance by the attorney general as
prescribed by this section, the governing body of the municipality shall reconsider any
approval, adoption or readoption of, or major amendment to, the general plan that impacts
property in the high noise or accident potential zone of a military airport or ancillary
military facility as defined in section 28-8461. If the governing body reaffirms a prior
action subject to an attorney general's determination of noncompliance pursuant to this
section, the attorney general may institute a civil action pursuant to section 28-8481,
subsection L. If the governing body timely sends notice pursuant to this subsection and
the attorney general fails to timely notify the governing body of a determination of
noncompliance, the general plan or major amendment to the general plan shall be deemed to
comply with section 28-8481, subsection J. If the motion to adopt or readopt a general
plan or an amendment to the general plan fails to pass, the governing body may reconsider
the motion in any manner allowed by the governing body's rules of procedure, but any
subsequent motion for the adoption or readoption of the general plan or a major amendment
to the general plan must be approved by an affirmative vote of at least two-thirds of the
members of the governing body. For the purposes of this subsection, "major amendment"
means a substantial alteration of the municipality's land use mixture or balance as
established in the municipality's existing general plan land use element. The
municipality's general plan shall define the criteria to determine if a proposed
amendment to the general plan effects a substantial alteration of the municipality's land
use mixture or balance as established in the municipality's existing general plan land
use element.
I. If the municipality does not have a planning commission, the only procedural
steps required for the adoption of the general plan, or any amendment to such plan, shall
be those provided in this article for action by the governing body.
J. A copy of the adopted general plan of a municipality shall be sent to the
planning agency of the county within which the municipality is located, and such plan or
any portion of the plan may be adopted as a part of the county general plan.
K. A general plan, with any amendments, is effective for up to ten years from the
date the plan was initially adopted and ratified pursuant to subsection M of this
section, or until the plan is readopted pursuant to this subsection and ratified pursuant
to subsection M of this section or a new plan is adopted pursuant to this subsection and
ratified pursuant to subsection M of this section, and becomes effective. On or before
the tenth anniversary of the plan's most recent adoption, the governing body of the
municipality shall either readopt the existing plan for an additional term of up to ten
years or shall adopt a new general plan as provided by this article.
L. Except for general plans that are required to be submitted to the voters for
ratification pursuant to subsection M of this section, the adoption or readoption of a
general plan, and any amendment to a general plan, shall not be enacted as an emergency
measure and is subject to referendum as provided by article IV, part 1, section 1,
subsection (8), Constitution of ARIZONA, and title 19, chapter 1, article 4.
M. The governing body of a city or town having a population of more than two
thousand five hundred persons but less than ten thousand persons and whose population
growth rate exceeded an average of two per cent per year for the ten year period before
the most recent United States decennial census, and any city or town having a population
of ten thousand or more persons, shall submit each new general plan adopted pursuant to
subsection K of this section to the voters for ratification at the next regularly
scheduled municipal election or at a special election scheduled at least one hundred
twenty days after the governing body adopted the plan pursuant to section 16-204. The
governing body shall include a general description of the plan and its elements in the
municipal election pamphlet and shall provide public copies of the plan in at least two
locations that are easily accessible to the public and may include posting on the
municipality's official internet web site. If a majority of the qualified electors voting
on the proposition approves the new plan, it shall become effective as provided by law.
If a majority of the qualified electors voting on the proposition fails to approve the
new plan, the current plan remains in effect until a new plan is approved by the voters
pursuant to this subsection. The governing body shall either resubmit the proposed new
plan, or revise the new plan as provided by this section, for subsequent submission to
the voters at the next regularly scheduled municipal election or at a special election
scheduled at least one hundred twenty days after the governing body readopted the new or
revised new plan. All subsequent adoptions and submissions of the new plan or revised
plans must comply with the procedures prescribed by this section until the plan is
ratified.
N. In applying an open space element or a growth element of a general plan a
municipality shall not designate private land or state trust land as open space,
recreation, conservation or agriculture unless the municipality receives the written
consent of the landowner or provides an alternative, economically viable designation in
the general plan or zoning ordinance, allowing at least one residential dwelling per
acre. If the landowner is the prevailing party in any action brought to enforce this
subsection, a court shall award fees and other expenses to the landowner. A municipality
may designate land as open space without complying with the requirements of this
subsection if the land was zoned as open space and used as a golf course pursuant to a
zoning ordinance adopted pursuant to article 6.1 of this chapter before May 1, 2000 and
the designation does not impose additional conditions, limitations or restrictions on the
golf course, unless the land is state trust land that was not planned and zoned as open
space pursuant to title 37, chapter 2, article 5.1.
9-461.07 Administration of general plan
A. After the municipal legislative body has adopted a general plan, or amendment
thereto, the planning agency shall undertake the following actions to encourage
effectuation of the plan:
1. Investigate and make recommendations to the legislative body upon reasonable and
practical means for putting into effect the general plan or part thereof in order that it
will serve as a pattern and guide for the orderly growth and development of the
municipality and as a basis for the efficient expenditure of its funds relating to the
subjects of the general plan. The measures recommended may include plans, regulations,
financial reports and capital budgets.
2. Render an annual report to the legislative body on the status of the plan and
progress in its application.
3. Endeavor to promote public interest in and understanding of the general plan and
regulations relating to it.
4. Consult and advise with public officials and agencies, public utility companies,
civic, educational, professional and other organizations and citizens generally with
relation to carrying out the general plan.
B. Upon adoption of a general plan or part thereof, each municipal officer,
department, board or commission, and each governmental body, commission or board whose
jurisdiction lies entirely or partially within the municipality, whose functions include
recommending, preparing plans for or constructing major public works, shall submit to an
agency, as designated by the respective municipal legislative body, a list of the
proposed public works located entirely or partially within the municipality recommended
for planning, initiation or construction during the ensuing fiscal year. The agency
shall list and classify all such recommendations and shall prepare a coordinated program
of proposed public works for the ensuing fiscal year. Such coordinated program shall be
submitted to the municipal planning agency for review and report to such agency as to
conformity with the adopted general plan or part thereof.
C. No public real property may be acquired by dedication or otherwise for street,
square, park or other public purposes, no public real property may be disposed of, no
public street may be vacated or abandoned and no public building or structure may be
constructed or authorized, if an adopted general plan or part thereof applies thereto,
until the location, purpose and extent of such acquisition or disposition, such street
vacation or abandonment, or such public building or structure have been submitted to and
reported upon by the planning agency as to conformity with such adopted general plan or
part thereof. The planning agency shall render its report as to conformity with such
adopted general plan or part thereof within forty days after the matter was submitted to
it. The provisions of this subsection do not apply to acquisitions or abandonments for
street widening or alignment projects of a minor nature if the legislative body so
provides by ordinance or resolution.
9-461.08 Authority, scope of specific plans
A. The planning agency may, or if so directed by the legislative body shall,
prepare specific plans based on the general plan and drafts of such regulations, programs
and legislation as may in the judgment of the agency be required for the systematic
execution of the general plan. The planning agency may recommend such plans and measures
to the legislative body for adoption.
B. Specific plans may, in addition to recommended zoning ordinances and subdivision
regulations, include:
1. Regulations determining the location of buildings and other improvements with
respect to existing rights-of-way, floodplains and public facilities.
2. Regulations of the use of land, buildings and structures, the height and bulk of
buildings and structures and the open spaces around buildings and structures.
3. Street and highway naming and numbering plans in order to establish the official
names of streets and highways, to remove conflicts, duplication and uncertainty among
such names, and to provide an orderly system for the numbering of buildings and
properties.
4. A plan and regulations determining the location of infrastructure service area
boundaries, consistent with the growth areas element of the general plan, beyond which
the municipality may limit or prescribe conditions on publicly financed extensions of
water, sewer and street improvements that are necessary to service needs generated by new
development. The plan and regulations shall consider all elements of the general plan,
including the circulation and public facilities elements. For purposes of this paragraph,
publicly financed does not include special taxing district financing other than municipal
or county improvement district revenues or bonds. The regulations shall also provide for:
(a) Assigning or delegating administrative functions, powers and duties to
municipal officers.
(b) Establishing the procedure for the initial infrastructure service area
boundaries and the methodology and procedures for adjusting the boundaries.
5. Measures required to insure the execution of the general plan.
6. Other matters which will accomplish the purposes of this article, including
procedures for the administration of such regulations. 9-461.09 Procedure for adoption of specific plans and regulations
A. If a municipality has a planning commission, the planning commission shall hold
at least one public hearing on a specific plan or regulation prior to any hearing by the
legislative body. Notice of the time and place of such hearing shall be given at least
fifteen and not more than thirty calendar days before the hearing by:
1. Publication at least once in a newspaper of general circulation published or
circulated in the municipality, or if there is none, by posting in at least ten public
places in the municipality.
2. Such other manner in addition to publication as the municipality may deem
necessary or desirable.
B. A copy of any specific plan, regulation or amendment together with the
recommendation of the planning commission shall be submitted to the legislative body
accompanied by a statement of the planning commission's reasons for such recommendation.
C. Upon receipt of a copy of any proposed specific plan, regulation or amendment of
such plan or regulation, the legislative body may by ordinance or resolution adopt the
plan or regulation. Before adopting the proposed specific plan or regulation, the
legislative body shall hold at least one public hearing. Notice of the time and place of
such hearing shall be given in the time and manner provided for the giving of notice of
the hearing by the planning commission as provided in subsection A. The specific plan or
regulation, as adopted, shall be designated as a specific plan or regulation.
D. If the municipality does not have a planning commission, the only procedural
steps required for the adoption of a specific plan, regulation or any amendment to a
specific plan or regulation are those provided in this article for action by the
legislative body.
9-461.10 Administration of specific plans and regulations
A. The legislative body shall determine and establish administrative rules and
procedures for the application and enforcement of specific plans and regulations.
B. The legislative body may assign or delegate administrative powers and duties to
the planning agency or any other agency, as necessary, and may create administrative
agencies, provide for other officials and for funds for the compensation of such
officers, employees and agencies and for the support of their work.
C. No street may be improved and no sewers or connections or improvements may be
laid or authorized in any street within any territory for which the legislative body has
adopted a specific street or highway plan until the matter has been referred to the
planning agency for a report as to conformity with the specific street or highway plan
and a copy of the report has been filed with the legislative body, unless one of the
following conditions applies:
1. The street has been accepted, opened or has otherwise received the legal status
of a public street prior to the adoption of the plan.
2. The street corresponds with streets shown on the plan.
3. The street corresponds with streets shown on a subdivision map or record or
survey approved by the legislative body.
4. The street corresponds with streets shown on a subdivision map previously
approved by the planning commission. The report shall be submitted to the legislative
body within forty days after the matter was referred to the planning agency.
9-461.11 Extraterritorial jurisdiction; development plans
A. In any county not having a county planning agency with jurisdiction in the
unincorporated territory, the legislative body of any municipality may exercise the
planning powers granted in this article both to territory within its corporate limits and
to that which extends a distance of three contiguous miles in all directions of its
corporate limits and is not located in a municipality. Any ordinance intended to have
application beyond the corporate limits of the municipality shall expressly state the
intention of such applications. Such ordinance shall be adopted in accordance with the
provisions set forth therein.
B. The extraterritorial jurisdiction of two or more municipalities whose
territorial boundaries are less than six miles apart terminates at a boundary line
equidistant from the respective corporate limits of such municipalities, or at such line
as is agreed to by the legislative bodies of the respective municipalities.
C. As a prerequisite to the exercise of extraterritorial jurisdiction, the
membership of the planning agency charged with the preparation or administration of
proposed comprehensive planning for the area of extraterritorial jurisdiction shall be
increased to include at least two additional members to represent the unincorporated
area. Any additional member shall be a resident of the extraterritorial jurisdiction
area outside the corporate limits and shall be appointed by the board of supervisors of
the county wherein the unincorporated area is situated. Any such member shall have equal
rights, privileges and duties with other members of the planning agency in all matters
pertaining to the plans and regulations of the unincorporated area in which they reside
both in preparation of the original plans and regulations and in consideration of any
proposed amendments to such plans and regulations.
D. Any municipal legislative body exercising the powers granted by this section may
provide for the enforcement of its regulations for the area of extraterritorial
jurisdiction in the same manner as the regulations for the area within the municipality
are enforced.
E. A county may enter into an intergovernmental agreement under the provisions of
title 11, chapter 7, article 3 with any tribal government, city or town within the county
for the following purposes:
1. Adoption of a joint development plan that may include land use, circulation,
conservation, recreation, transportation and transit, public services and facilities,
housing, economic development and public safety.
2. Adoption of a planning program addressing the timing and sequencing of public
facilities and services to serve new and existing development and the staging of
development in accordance with the availability of public facilities and services.
3. Adoption of a capital improvements program containing the following components:
(a) Identification of capital improvements needed to serve new development based on
adopted service levels and adequate facilities standards for roads and sewer, water and
drainage facilities.
(b) Estimated costs of construction of capital improvements and the timing of
construction, expansion or extension of such facilities.
(c) Projected funding sources for capital improvements for each type of facility.
4. Implementation of the joint development plan through the exercise of planning,
zoning, subdivision or land division regulatory powers conferred by law on cities, towns
or counties.
5. Implementation of the capital improvements program through any of the following:
(a) Special assessment and county or municipal improvement districts.
(b) Development fees.
(c) Development agreements.
(d) Utility fees and excise taxes.
(e) Any other powers to finance capital improvements by cities or counties
conferred by law.
The agreement shall specify how revenues derived from such measures are to be apportioned
between the county and city and how such revenues are to be expended and accounted for.
F. The planning, zoning, subdivision or land division regulatory powers under
subsection E, paragraph 4 may be exercised by any agency of the city, town or county as
designated in the intergovernmental agreement. The agreement shall provide for:
1. A method of assuring owners of private lands or improvements affected by a joint
development plan that:
(a) The exercise of any power conferred upon a city or county pursuant to the
establishment of a joint development plan shall not impair or diminish the legal vested
rights of any affected property owner.
(b) The county shall not require as a condition of development approval of the
construction of any public facility or other exaction which has been included in the
calculation of a development fee enacted pursuant to a development fee ordinance unless a
credit or reimbursement has been made for the reasonable or excess value of included
facilities advanced, dedicated or improved by a developer.
(c) No moratorium on final approval of subdivision plats, building permits or
certificates of occupancy shall be adopted pending the adoption of the joint development
plan.
(d) A property owner shall be afforded the opportunity at a public hearing held
prior to adoption and implementation of the joint development plan to present information
and evidence related to any alleged deprivation of the economically viable use of the
property. If on the basis of the information and evidence presented there is reason to
believe adoption or implementation of the joint development plan may result in a
significant deprivation of the economically viable use of the property, adoption or
implementation of the plan shall be postponed pending investigation and resolution of the
alleged deprivation.
2. A method of notifying affected persons, including governmental entities, of
public hearings on development decisions within the joint planning area.
3. A method of circulating development applications and recommendations for action
for review by affected persons, including governmental entities.
4. Provisions for appearances at public hearings.
5. Provisions for defining aggrieved party status for administrative or judicial
appeal of development decisions.
G. Notwithstanding any other extraterritorial jurisdictional limitations, the
authority of an intergovernmental agreement made pursuant to subsection E may extend to a
distance of twenty contiguous miles in any direction from the corporate limits of the
city or town entering into such intergovernmental agreement with a county provided that
the joint development plan shall apply to at least one of the following:
1. An area of the county within a three mile radius of the corporate limits of the
city or town.
2. An area of the county within a three mile radius of an unincorporated population
center where there is a reasonable expectation of annual population growth of at least
six per cent using for purposes of projection the most recent United States decennial or
special census.
3. Any area within the extraterritorial jurisdiction if all the property owners
consent in writing to inclusion in the development plan.
9-461.12 Joint action; cooperation with state agencies; land and facilities use
A. Municipal and county planning commissions may upon approval of their respective
legislative bodies hold joint meetings concerning matters and problems which are common
or impacting upon such jurisdictions.
B. Counties and municipal planning commissions, or any combination thereof, may
make cooperative arrangements for a joint director of planning and for such other
employees as may be required to operate a joint staff and may contract to render
technical service to another commission in the same area. Such arrangements or contracts
shall be approved by the legislative bodies having jurisdiction thereof.
C. State departments, agencies, boards or commissions or any political subdivision
intending to acquire, dispose of, or construct upon any real property within a
municipality shall, prior to such acquisition, disposal, or construction, notify the
affected municipality and cooperate to the fullest extent possible to insure conformity
with the adopted general plan or part thereof.
D. A county may enter into intergovernmental agreements under the provisions of
title 11, chapter 7, article 3 with state departments, agencies, boards or commissions or
with Indian tribes to jointly exercise powers relating to:
1. The means of applying county land use regulations, including zoning and
subdivision standards, to projects developed by lessees and transferees of agencies and
tribes.
2. The means of applying county adequate public facilities regulations pertaining
to water, sewer, drainage, roads, parks and public safety, including dedication and
construction requirements and development fees, to projects developed by lessees and
transferees of agencies and Indian tribes.
9-461.13 Prohibited urban growth management requirements
(Caution: 1998 Prop. 105 applies)
A. There shall not be a state mandate that a city, charter city, town or county:
1. Adopt by ordinance or otherwise any "growth management" plan, however
denominated, containing any provisions relating to such issues as mandatory development
fees, mandatory air and water quality controls and street and highway environmental
impacts, and requiring that, before adoption, the growth management plan, amendments and
exceptions be automatically referred to the voters for approval.
2. Establish or recognize, formally or informally, urban growth boundaries, however
denominated, that effectively prevent new urban development and extension of public
services outside those boundaries.
3. Apply or attempt to apply urban growth management restrictions or boundaries to
lands owned or held in trust by this state, unless specifically authorized by act of the
legislature.
B. There shall not be a state mandate that the attorney general file any action in
any court in this state against any local government or official to enforce any provision
prohibited by this section.
9-461 Definitions
In this article, unless the context otherwise requires:
1. "General plan" means a municipal statement of land development policies, which
may include maps, charts, graphs and text which set forth objectives, principles and
standards for local growth and redevelopment enacted under the provisions of this article
or any prior statute.
2. "Municipal" or "municipality" means an incorporated city or town.
3. "Planning agency" means the official body designated by local ordinance to carry
out the purposes of this article and may be a planning department, a planning commission,
a hearing officer, the legislative body itself, or any combination thereof.
4. "Right-of-way" means any public right-of-way and includes any area required for
public use pursuant to any general or specific plan.
5. "Specific plan" means a detailed element of the general plan enacted under the
provisions of this article or a prior statute.
6. "Street" means streets, highways, freeways, expressways, avenues, boulevards,
parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public access
easements and rights-of-way.
7. "Subdivision regulations" means a municipal ordinance regulating the design and
improvement of subdivisions enacted under the provisions of article 6.2 of this chapter,
or any prior statute, regulating the design and improvement of subdivisions.
8. "Zoning ordinance" means a municipal ordinance regulating the use of land,
structures or both, under the provisions of this article.
9-462.01 Zoning regulations; public hearing; definitions
A. Pursuant to the provisions of this article, the legislative body of any
municipality by ordinance may in order to conserve and promote the public health, safety
and general welfare:
1. Regulate the use of buildings, structures and land as between agriculture,
residence, industry, business and other purposes.
2. Regulate signs and billboards.
3. Regulate location, height, bulk, number of stories and size of buildings and
structures, the size and use of lots, yards, courts and other open spaces, the percentage
of a lot which may be occupied by a building or structure, access to incident solar
energy and the intensity of land use.
4. Establish requirements for off-street parking and loading.
5. Establish and maintain building setback lines.
6. Create civic districts around civic centers, public parks, public buildings or
public grounds and establish regulations therefor.
7. Require as a condition of rezoning public dedication of rights-of-way as
streets, alleys, public ways, drainage and public utilities as are reasonably required by
or related to the effect of the rezoning.
8. Establish floodplain zoning districts and regulations to protect life and
property from the hazards of periodic inundation. Regulations may include variable lot
sizes, special grading or drainage requirements, or other requirements deemed necessary
for the public health, safety or general welfare.
9. Establish special zoning districts or regulations for certain lands
characterized by adverse topography, adverse soils, subsidence of the earth, high water
table, lack of water or other natural or man-made hazards to life or property.
Regulations may include variable lot sizes, special grading or drainage requirements, or
other requirements deemed necessary for the public health, safety or general welfare.
10. Establish districts of historical significance provided that:
(a) The ordinances may require that special permission be obtained for any
development within the district if the legislative body has adopted a plan for the
preservation of districts of historical significance which meets the requirements of
subdivision (b) of this paragraph, and the criteria contained in the ordinance are
consistent with the objectives set forth in the plan.
(b) A plan for the preservation of districts of historical significance shall
identify districts of special historical significance, state the objectives to be sought
concerning the development or preservation of sites, area and structures within the
district, and formulate a program for public action including the provision of public
facilities and the regulation of private development and demolition necessary to realize
these objectives.
(c) The ordinance establishing districts of historical significance shall set forth
standards necessary to preserve the historical character of the area so designated.
(d) The ordinances may designate or authorize any committee, commission, department
or person to designate structures or sites of special historical significance in
accordance with criteria contained in the ordinance, and no designation shall be made
except after a public hearing upon notice of the owners of record of the property so
designated. The ordinances may require that special permission be obtained for any
development respecting the structures or sites.
11. Establish age specific community zoning districts in which residency is
restricted to a head of a household or spouse who must be of a specific age or older and
in which minors are prohibited from living in the home. Age specific community zoning
districts shall not be overlayed over property without the permission of all owners of
property included as part of the district unless all of the property in the district has
been developed, advertised and sold or rented under specific age restrictions. The
establishment of age specific community zoning districts is subject to all of the public
notice requirements and other procedures prescribed by this article.
12. Establish procedures, methods and standards for the transfer of development
rights within its jurisdiction. Any proposed transfer of development rights from the
sending property or to the receiving property shall be subject to the notice and hearing
requirements of section 9-462.04 and shall be subject to the approval and consent of the
property owners of both the sending and receiving property. Prior to any transfer of
development rights, a municipality shall adopt an ordinance providing for:
(a) The issuance and recordation of the instruments necessary to sever development
rights from the sending property and to affix development rights to the receiving
property. These instruments shall be executed by the affected property owners and
lienholders.
(b) The preservation of the character of the sending property and assurance that
the prohibitions against the use and development of the sending property shall bind the
landowner and every successor in interest to the landowner.
(c) The severance of transferable development rights from the sending property and
the delayed transfer of development rights to a receiving property.
(d) The purchase, sale, exchange or other conveyance of transferable development
rights prior to the rights being affixed to a receiving property.
(e) A system for monitoring the severance, ownership, assignment and transfer of
transferable development rights.
(f) The right of a municipality to purchase development rights and to hold them for
resale.
B. For the purposes prescribed in subsection A of this section the legislative body
may divide a municipality, or portion of a municipality, into zones of the number, shape
and area it deems best suited to carry out the purpose of this article and articles 6,
6.2 and 6.3 of this chapter.
C. All zoning regulations shall be uniform for each class or kind of building or
use of land throughout each zone, but the regulations in one type of zone may differ from
those in other types of zones as follows:
1. Within individual zones, there may be uses permitted on a conditional basis
under which additional requirements must be met, including requiring site plan review and
approval by the planning agency. The conditional uses are generally characterized by any
of the following:
(a) Infrequency of use.
(b) High degree of traffic generation.
(c) Requirement of large land area.
2. Within residential zones, the regulations may permit modifications to minimum
yard lot area and height requirements.
D. To carry out the purposes of this article and articles 6 and 6.2 of this
chapter, the legislative body may adopt overlay zoning districts and regulations
applicable to particular buildings, structures and land within individual zones. For the
purposes of this subsection, "overlay zoning district" means a special zoning district
that includes regulations which modify regulations in another zoning district with which
the overlay zoning district is combined. Overlay zoning districts and regulations shall
be adopted pursuant to section 9-462.04.
E. The legislative body may approve a change of zone conditioned upon a schedule
for development of the specific use or uses for which rezoning is requested. If at the
expiration of this period the property has not been improved for the use for which it was
conditionally approved, the legislative body, after notification by certified mail to the
owner and applicant who requested the rezoning, shall schedule a public hearing to take
administrative action to extend, remove or determine compliance with the schedule for
development or take legislative action to cause the property to revert to its former
zoning classification.
F. All zoning and rezoning ordinances or regulations adopted under this article
shall be consistent with and conform to the adopted general plan of the municipality, if
any, as adopted under article 6 of this chapter. In the case of uncertainty in
construing or applying the conformity of any part of a proposed rezoning ordinance to the
adopted general plan of the municipality, the ordinance shall be construed in a manner
that will further the implementation of, and not be contrary to, the goals, policies and
applicable elements of the general plan. A rezoning ordinance conforms with the land use
element of the general plan if it proposes land uses, densities or intensities within the
range of identified uses, densities and intensities of the land use element of the
general plan.
G. No regulation or ordinance under this section may prevent or restrict
agricultural composting on farmland that is five or more contiguous acres and that meets
the requirements of this subsection. An agricultural composting operation shall notify
in writing the legislative body of the city or town and the nearest fire department of
the location of the composting operation. If the nearest fire department is located in a
different city or town from the agricultural composting operation, the agricultural
composting operation shall also notify in writing the fire department of the city or town
in which the operation is located. Agricultural composting is subject to the provisions
of sections 3-112 and 49-141. Agricultural composting may not be conducted within one
thousand three hundred twenty feet of an existing residential use, unless the operations
are conducted on farmland or land leased in association with farmland. Any disposal of
manure shall comply with section 49-247. For purposes of this subsection:
1. "Agricultural composting" means the controlled biological decomposition of
organic solid waste under in-vessel anaerobic or aerobic conditions where all or part of
the materials are generated on the farmland or will be used on the farmland associated
with the agricultural composting operation.
2. "Farmland" has the same meaning prescribed in section 3-111 and is subject to
regulation under section 49-247.
H. For purposes of this section:
1. "Development rights" means the maximum development that would be allowed on the
sending property under any general or specific plan and local zoning ordinance of a
municipality in effect on the date the municipality adopts an ordinance pursuant to
subsection A, paragraph 12 of this section respecting the permissible use, area, bulk or
height of improvements made to the lot or parcel. Development rights may be calculated
and allocated in accordance with factors including dwelling units, area, floor area,
floor area ratio, height limitations, traffic generation or any other criteria that will
quantify a value for the development rights in a manner that will carry out the
objectives of this section.
2. "Receiving property" means a lot or parcel within which development rights are
increased pursuant to a transfer of development rights. Receiving property shall be
appropriate and suitable for development and shall be sufficient to accommodate the
transferable development rights of the sending property without substantial adverse
environmental, economic or social impact to the receiving property or to neighboring
property.
3. "Sending property" means a lot or parcel with special characteristics, including
farmland, woodland, desert land, mountain land, floodplain, natural habitats, recreation
or parkland, including golf course area, or land that has unique aesthetic, architectural
or historic value that a municipality desires to protect from future development.
4. "Transfer of development rights" means the process by which development rights
from a sending property are affixed to one or more receiving properties.
9-462.02 Nonconformance to regulations; outdoor advertising change; enforcement
A. The municipality may acquire by purchase or condemnation private property for
the removal of nonconforming uses and structures. The elimination of such nonconforming
uses and structures in a zoned district is for a public purpose. Nothing in an ordinance
or regulation authorized by this article shall affect existing property or the right to
its continued use for the purpose used at the time the ordinance or regulation takes
effect, nor to any reasonable repairs or alterations in buildings or property used for
such existing purpose.
B. A municipality shall not require as a condition for a permit or for any
approval, or otherwise cause, an owner or possessor of property to waive the right to
continue an existing nonconforming outdoor advertising use or structure without acquiring
the use or structure by purchase or condemnation and paying just compensation unless the
municipality, at its option, allows the use or structure to be relocated to a comparable
site in the municipality with the same or a similar zoning classification, or to another
site in the municipality acceptable to both the municipality and the owner of the use or
structure, and the use or structure is relocated to the other site. The municipality
shall pay for relocating the outdoor advertising use or structure including the cost of
removing and constructing the new use or structure that is at least the same size and
height. This subsection does not apply to municipal rezoning of property at the request
of the property owner.
C. A municipality must issue a citation and file an action involving an outdoor
advertising use or structure zoning or sign code violation within two years after
discovering the violation. Such an action shall initially be filed with a court having
jurisdiction to impose all penalties sought by the action and that jurisdiction is
necessary for effective filing. Only the superior court has jurisdiction to order
removal, abatement, reconfiguration or relocation of an outdoor advertising use or
structure. Notwithstanding any other law, a municipality shall not consider each day that
an outdoor advertising use or structure is illegally erected, constructed, reconstructed,
altered or maintained as a separate offense unless the violation constitutes an immediate
threat to the health and safety of the general public.
9-462.03 Amendment procedure
A. The governing body of the municipality shall adopt by ordinance a citizen review
process that applies to all rezoning and specific plan applications that require a public
hearing. The citizen review process shall include at least the following requirements:
1. Adjacent landowners and other potentially affected citizens will be notified of
the application.
2. The municipality will inform adjacent landowners and other potentially affected
citizens of the substance of the proposed rezoning.
3. Adjacent landowners and other potentially affected citizens will be provided an
opportunity to express any issues or concerns that they may have with the proposed
rezoning before the public hearing.
B. A zoning ordinance that changes any property from one zone to another, that
imposes any regulation not previously imposed or that removes or modifies any such
regulation previously imposed must be adopted following the procedure prescribed in the
citizen review process and in the manner set forth in section 9-462.04.
9-462.04 Public hearing required
A. If the municipality has a planning commission or a hearing officer, the planning
commission or hearing officer shall hold a public hearing on any zoning
ordinance. Notice of the time and place of the hearing including a general explanation
of the matter to be considered and including a general description of the area affected
shall be given at least fifteen days before the hearing in the following manner:
1. The notice shall be published at least once in a newspaper of general
circulation published or circulated in the municipality, or if there is none, it shall be
posted on the affected property in such a manner as to be legible from the public
right-of-way and in at least ten public places in the municipality. A posted notice
shall be printed so that the following are visible from a distance of one hundred
feet: the word "zoning", the present zoning district classification, the proposed zoning
district classification and the date and time of the hearing.
2. In proceedings involving rezoning of land which abuts other municipalities or
unincorporated areas of the county or a combination thereof, copies of the notice of
public hearing shall be transmitted to the planning agency of such governmental unit
abutting such land. In proceedings involving rezoning of land that is located within the
territory in the vicinity of a military airport or ancillary military facility as defined
in section 28-8461, the municipality shall send copies of the notice of public hearing by
first class mail to the military airport. In addition to notice by publication, a
municipality may give notice of the hearing in such other manner as it may deem necessary
or desirable.
3. In proceedings that are not initiated by the property owner involving rezoning
of land which may change the zoning classification, notice by first class mail shall be
sent to each real property owner, as shown on the last assessment of the property, of the
area to be rezoned and all property owners, as shown on the last assessment of the
property, within three hundred feet of the property to be rezoned.
4. In proceedings involving one or more of the following proposed changes or
related series of changes in the standards governing land uses, notice shall be provided
in the manner prescribed by paragraph 5:
(a) A ten per cent or more increase or decrease in the number of square feet or
units that may be developed.
(b) A ten per cent or more increase or reduction in the allowable height of
buildings.
(c) An increase or reduction in the allowable number of stories of buildings.
(d) A ten per cent or more increase or decrease in setback or open space
requirements.
(e) An increase or reduction in permitted uses.
5. In proceedings governed by paragraph 4, the municipality shall provide notice to
real property owners pursuant to at least one of the following notification procedures:
(a) Notice shall be sent by first class mail to each real property owner, as shown
on the last assessment, whose real property is directly governed by the changes.
(b) If the municipality issues utility bills or other mass mailings that
periodically include notices or other informational or advertising materials, the
municipality shall include notice of such changes with such utility bills or other
mailings.
(c) The municipality shall publish such changes prior to the first hearing on such
changes in a newspaper of general circulation in the municipality. The changes shall be
published in a "display ad" covering not less than one-eighth of a full page.
6. If notice is provided pursuant to paragraph 5, subdivision (b) or (c), the
municipality shall also send notice by first class mail to persons who register their
names and addresses with the municipality as being interested in receiving such
notice. The municipality may charge a fee not to exceed five dollars per year for
providing this service and may adopt procedures to implement this paragraph.
7. Notwithstanding the notice requirements set forth in paragraph 4, the failure of
any person or entity to receive notice shall not constitute grounds for any court to
invalidate the actions of a municipality for which the notice was given.
B. If the matter to be considered applies to territory in a high noise or accident
potential zone as defined in section 28-8461, the notice prescribed in subsection A of
this section shall include a general statement that the matter applies to property
located in the high noise or accident potential zone.
C. After the hearing, the planning commission or hearing officer shall render a
decision in the form of a written recommendation to the governing body. The
recommendation shall include the reasons for the recommendation and be transmitted to the
governing body in such form and manner as may be specified by the governing body.
D. If the planning commission or hearing officer has held a public hearing, the
governing body may adopt the recommendations of the planning commission or hearing
officer without holding a second public hearing if there is no objection, request for
public hearing or other protest. The governing body shall hold a public hearing if
requested by the party aggrieved or any member of the public or of the governing body,
or, in any case, if no public hearing has been held by the planning commission or hearing
officer. In municipalities with territory in the vicinity of a military airport or
ancillary military facility as defined in section 28-8461, the governing body shall hold
a public hearing if, after notice is transmitted to the military airport pursuant to
subsection A of this section and before the public hearing, the military airport provides
comments or analysis concerning the compatibility of the proposed rezoning with the high
noise or accident potential generated by military airport or ancillary military facility
operations that may have an adverse impact on public health and safety, and the governing
body shall consider and analyze the comments or analysis before making a final
determination. Notice of the time and place of the hearing shall be given in the time and
manner provided for the giving of notice of the hearing by the planning commission as
specified in subsection A of this section. In addition a municipality may give notice of
the hearing in such other manner as it may deem necessary or desirable.
E. A municipality may enact an ordinance authorizing county zoning to continue in
effect until municipal zoning is applied to land previously zoned by the county and
annexed by the municipality, but in no event for longer than six months after the
annexation.
F. A municipality is not required to adopt a general plan prior to the adoption of
a zoning ordinance.
G. If there is no planning commission or hearing officer, the governing body of the
municipality shall perform the functions assigned to the planning commission or hearing
officer.
H. If the owners of twenty per cent or more either of the area of the lots included
in a proposed change, or of those immediately adjacent in the rear or any side thereof
extending one hundred fifty feet therefrom, or of those directly opposite thereto
extending one hundred fifty feet from the street frontage of the opposite lots, file a
protest in writing against a proposed amendment, it shall not become effective except by
the favorable vote of three-fourths of all members of the governing body of the
municipality. If any members of the governing body are unable to vote on such a question
because of a conflict of interest, then the required number of votes for passage of the
question shall be three-fourths of the remaining membership of the governing body,
provided that such required number of votes shall in no event be less than a majority of
the full membership of the legally established governing body.
I. In applying an open space element or a growth element of a general plan, a
parcel of land shall not be rezoned for open space, recreation, conservation or
agriculture unless the owner of the land consents to the rezoning in writing.
J. Notwithstanding the provisions of section 19-142, subsection B, a decision by
the governing body involving rezoning of land which is not owned by the municipality and
which changes the zoning classification of such land may not be enacted as an emergency
measure and such change shall not be effective for at least thirty days after final
approval of the change in classification by the governing body. 9-462.05 Enforcement
A. The legislative body of a municipality has authority to enforce any zoning
ordinance enacted pursuant to this article in the same manner as other municipal
ordinances are enforced.
B. If any building structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained or any building, structure or land is used in violation
of the provisions of this article or of any ordinance adopted pursuant to the provisions
of this article, the legislative body of the municipality may institute any appropriate
action to:
1. Prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use.
2. Restrain, correct or abate the violation.
3. Prevent the occupancy of such building, structure or land.
4. Prevent any illegal act, conduct, business or use in or about such premises.
C. By ordinance, the legislative body shall establish the office of zoning
administrator. The zoning administrator is charged with responsibility for enforcement
of the zoning ordinance.
D. By ordinance, the legislative body shall establish all necessary and appropriate
rules and procedures governing application for zoning amendment, review and approval of
plans, issuance of any necessary permits or compliance certificates, inspection of
buildings, structures and lands and any other actions which may be considered necessary
or desirable for enforcement of the zoning ordinance.
9-462.06 Board of adjustment
A. The legislative body shall, by ordinance, establish a board of adjustment, which
shall consist of not less than five nor more than seven members appointed by the
legislative body in accordance with provisions of the ordinance, except that the
ordinance may establish the legislative body as the board of adjustment. The legislative
body may, by ordinance, delegate to a hearing officer the authority to hear and decide on
matters within the jurisdiction of the board of adjustment as provided by this section,
except that the right of appeal from the decision of a hearing officer to the board of
adjustment shall be preserved.
B. The ordinance shall provide for public meetings of the board, for a chairperson
with the power to administer oaths and take evidence, and that minutes of its proceedings
showing the vote of each member and records of its examinations and other official
actions be filed in the office of the board as a public record.
C. A board of adjustment shall hear and decide appeals from the decisions of the
zoning administrator, shall exercise such other powers as may be granted by the ordinance
and adopt all rules and procedures necessary or convenient for the conduct of its
business.
D. Appeals to the board of adjustment may be taken by persons aggrieved or by any
officer, department, board or bureau of the municipality affected by a decision of the
zoning administrator, within a reasonable time, by filing with the zoning administrator
and with the board a notice of appeal specifying the grounds thereof. The zoning
administrator shall immediately transmit all records pertaining to the action appealed
from to the board.
E. An appeal to the board stays all proceedings in the matter appealed from, unless
the zoning administrator certifies to the board that, in the zoning administrator's
opinion by the facts stated in the certificate, a stay would cause imminent peril to life
or property. Upon such certification proceedings shall not be stayed, except by
restraining order granted by the board or by a court of record on application and notice
to the zoning administrator. Proceedings shall not be stayed if the appeal requests
relief which has previously been denied by the board except pursuant to a special action
in superior court as provided in subsection K of this section.
F. The board shall fix a reasonable time for hearing the appeal, and shall give
notice of hearing by both publication in a newspaper of general circulation in accordance
with section 9-462.04 and posting the notice in conspicuous places close to the property
affected.
G. A board of adjustment shall:
1. Hear and decide appeals in which it is alleged there is an error in an order,
requirement or decision made by the zoning administrator in the enforcement of a zoning
ordinance adopted pursuant to this article.
2. Hear and decide appeals for variances from the terms of the zoning ordinance
only if, because of special circumstances applicable to the property, including its size,
shape, topography, location, or surroundings, the strict application of the zoning
ordinance will deprive such property of privileges enjoyed by other property of the same
classification in the same zoning district. Any variance granted is subject to such
conditions as will assure that the adjustment authorized shall not constitute a grant of
special privileges inconsistent with the limitations upon other properties in the
vicinity and zone in which such property is located.
3. Reverse or affirm, wholly or partly, or modify the order, requirement or
decision of the zoning administrator appealed from, and make such order, requirement,
decision or determination as necessary.
H. A board of adjustment may not:
1. Make any changes in the uses permitted in any zoning classification or zoning
district, or make any changes in the terms of the zoning ordinance provided the
restriction in this paragraph shall not affect the authority to grant variances pursuant
to this article.
2. Grant a variance if the special circumstances applicable to the property are
self-imposed by the property owner.
I. If the legislative body is established as the board of adjustment, it shall
exercise all of the functions and duties of the board of adjustment in the same manner
and to the same effect as provided in this section.
J. In a municipality with a population of more than one hundred thousand persons
according to the latest United States decennial census, the legislative body, by
ordinance, may provide that a person aggrieved by a decision of the board or a taxpayer,
officer or department of the municipality affected by a decision of the board may file,
at any time within fifteen days after the board has rendered its decision, an appeal with
the clerk of the legislative body. The legislative body shall hear the appeal in
accordance with procedures adopted by the legislative body and may affirm or reverse, in
whole or in part, or modify the board's decision.
K. A person aggrieved by a decision of the legislative body or board or a taxpayer,
officer or department of the municipality affected by a decision of the legislative body
or board may, at any time within thirty days after the board, or the legislative body, if
the board decision was appealed pursuant to subsection J of this section, has rendered
its decision, file a complaint for special action in the superior court to review the
legislative body or board decision. Filing the complaint does not stay proceedings on
the decision sought to be reviewed, but the court may, on application, grant a stay and
on final hearing may affirm or reverse, in whole or in part, or modify the decision
reviewed.
9-462.07 Extraterritorial jurisdiction
A. In any county not having a county zoning ordinance applicable to the
unincorporated territory, the legislative body of a municipality may exercise the zoning
powers granted in this article both to territory within its corporate limits and to that
which extends a distance of three contiguous miles in all directions of its corporate
limits and is not located in a municipality. Any ordinance intended to have application
beyond the corporate limits of the municipality shall expressly state the intention of
such application. Such ordinance shall be adopted in accordance with the provisions set
forth therein.
B. The extraterritorial jurisdiction of two or more municipalities whose boundaries
are less than six miles apart terminates at a boundary line equidistant from the
respective corporate limits of such municipalities, or at such line as is agreed to by
the legislative bodies of the respective municipalities.
C. As a prerequisite to the exercise of extraterritorial jurisdiction the
membership of the planning agency charged with the preparation or administration of
proposed comprehensive zoning regulations for the area of extraterritorial jurisdiction
shall be increased to include two additional members to represent the unincorporated
area. Any additional member shall be a resident of the three mile area outside the
corporate limits and be appointed by the legislative body of the county wherein the
unincorporated area is situated. Any additional member shall have equal rights,
privileges and duties with the other members of the planning agency in all matters
pertaining to the plans and regulations of the unincorporated area in which they reside,
both in preparation of the original plans and regulations and in consideration of any
proposed amendments to such plans and regulations.
D. If a municipal governing body adopts zoning regulations for the area outside its
corporate limits, it shall increase the membership of the board of adjustment by adding
one or two additional members. Any such member shall be a resident of the area of
extraterritorial jurisdiction outside the corporate limits and shall be appointed by the
legislative body of the county wherein the unincorporated area is situated. Any such
member shall have equal rights, privileges, and duties with other members of the board of
zoning adjustment in all matters pertaining to the regulation of the unincorporated area
in which they reside. The concurring vote of a majority of the members of the enlarged
board is necessary to reverse any order, requirement, decision or determination of an
administrative official charged with the enforcement of an ordinance.
E. Any municipal legislative body exercising the powers granted by this section may
provide for the enforcement of its regulations for the area of extraterritorial
jurisdiction in the same manner as the regulations for the area within the municipality
are enforced.
9-462.08 Hearing officer
A. The legislative body of any municipality may establish the position of hearing
officer and delegate to a hearing officer the authority to conduct hearings required by
section 9-462.04 and on other matters as the legislative body may provide by ordinance.
B. Hearing officers shall be appointed on the basis of training and experience
which qualifies them to conduct hearings and make findings and conclusions on the matters
heard.
9-462 Definitions; general provisionsconcerning evidence
A. In this article, unless the context otherwise requires:
l. "Board of adjustment" means the official body designated by local ordinance to
hear and decide applications for variances from the terms of the zoning ordinance and
appeals from the decision of the zoning administrator.
2. "Municipal" or "municipality" means an incorporated city or town.
3. "Planning agency" means the official body designated by local ordinance to carry
out the purposes of this article and may be a planning department, a planning commission,
a hearing officer, the legislative body itself or any combination thereof.
4. "Zoning administrator" means the official responsible for enforcement of the
zoning ordinance.
5. "Zoning ordinance" means a municipal ordinance regulating the use of the land or
structures, or both, as provided in this article.
B. Formal rules of evidence or procedure which must be followed in court shall not
be applied in zoning matters, except to the extent that a municipality may provide
therefor.
9-463.01 Authority
A. Pursuant to the provisions of this article, the legislative body of every
municipality shall regulate the subdivision of all lands within its corporate limits.
B. The legislative body of a municipality shall exercise the authority granted in
subsection A of this section by ordinance prescribing:
1. Procedures to be followed in the preparation, submission, review and approval or
rejection of all final plats.
2. Standards governing the design of subdivision plats.
3. Minimum requirements and standards for the installation of subdivision streets,
sewer and water utilities and improvements as a condition of final plat approval.
C. By ordinance, the legislative body of any municipality shall:
1. Require the preparation, submission and approval of a preliminary plat as a
condition precedent to submission of a final plat.
2. Establish the procedures to be followed in the preparation, submission, review
and approval of preliminary plats.
3. Make requirements as to the form and content of preliminary plats.
4. Determine that certain lands may either not be subdivided, by reason of adverse
topography, periodic inundation, adverse soils, subsidence of the earth's surface, high
water table, lack of water or other natural or man-made hazard to life or property, or
control the lot size, establish special grading and drainage requirements, and impose
other regulations deemed reasonable and necessary for the public health, safety or
general welfare on any lands to be subdivided affected by such characteristics.
5. Require payment of a proper and reasonable fee by the subdivider based upon the
number of lots or parcels on the surface of the land to defray municipal costs of plat
review and site inspection.
6. Require the dedication of public streets, sewer and water utility easements or
rights-of-way, within the proposed subdivision.
7. Require the preparation and submission of acceptable engineering plans and
specifications for the installation of required street, sewer, electric and water
utilities, drainage, flood control, adequacy of water and improvements as a condition
precedent to recordation of an approved final plat.
8. Require the posting of performance bonds, assurances or such other security as
may be appropriate and necessary to assure the installation of required street, sewer,
electric and water utilities, drainage, flood control and improvements meeting
established minimum standards of design and construction.
D. The legislative body of any municipality may require by ordinance that land
areas within a subdivision be reserved for parks, recreational facilities, school sites
and fire stations subject to the following conditions:
1. The requirement may only be made upon preliminary plats filed at least thirty
days after the adoption of a general or specific plan affecting the land area to be
reserved.
2. The required reservations are in accordance with definite principles and
standards adopted by the legislative body.
3. The land area reserved shall be of such a size and shape as to permit the
remainder of the land area of the subdivision within which the reservation is located to
develop in an orderly and efficient manner.
4. The land area reserved shall be in such multiples of streets and parcels as to
permit an efficient division of the reserved area in the event that it is not acquired
within the prescribed period.
E. The public agency for whose benefit an area has been reserved shall have a
period of one year after recording the final subdivision plat to enter into an agreement
to acquire such reserved land area. The purchase price shall be the fair market value of
the reserved land area at the time of the filing of the preliminary subdivision plat plus
the taxes against such reserved area from the date of the reservation and any other costs
incurred by the subdivider in the maintenance of such reserved area, including the
interest cost incurred on any loan covering such reserved area.
F. If the public agency for whose benefit an area has been reserved does not
exercise the reservation agreement set forth in subsection E of this section within such
one year period or such extended period as may be mutually agreed upon by such public
agency and the subdivider, the reservation of such area shall terminate.
G. The legislative body of every municipality shall comply with all provisions of
this article and applicable state statutes pertaining to the hearing, approval or
rejection, and recordation of:
1. Final subdivision plats.
2. Plats filed for the purpose of reverting to acreage of land previously
subdivided.
3. Plats filed for the purpose of vacating streets or easements previously
dedicated to the public.
4. Plats filed for the purpose of vacating or redescribing lot or parcel boundaries
previously recorded.
H. Approval of every preliminary and final plat by a legislative body is
conditioned upon compliance by the subdivider with:
1. Rules as may be established by the department of transportation relating to
provisions for the safety of entrance upon and departure from abutting state primary
highways.
2. Rules as may be established by a county flood control district relating to the
construction or prevention of construction of streets in land established as being
subject to periodic inundation.
3. Rules as may be established by the department of health services or a county
health department relating to the provision of domestic water supply and sanitary sewage
disposal.
I. If the subdivision is comprised of subdivided lands, as defined in section
32-2101, and is within a groundwater active management area, as defined in section
45-402, the final plat shall not be approved unless it is accompanied by a certificate of
assured water supply issued by the director of water resources, or unless the subdivider
has obtained a written commitment of water service for the subdivision from a city, town
or private water company designated as having an assured water supply by the director of
water resources pursuant to section 45-576 or is exempt from the requirement pursuant to
section 45-576. The legislative body of the municipality shall note on the face of the
final plat that a certificate of assured water supply has been submitted with the plat
or that the subdivider has obtained a written commitment of water service for the
proposed subdivision from a city, town or private water company designated as having an
assured water supply, pursuant to section 45-576 or is exempt from the requirement
pursuant to section 45-576.
J. Every municipality is responsible for the recordation of all final plats
approved by the legislative body and shall receive from the subdivider and transmit to
the county recorder the recordation fee established by the county recorder.
K. Pursuant to provisions of applicable state statutes, the legislative body of any
municipality may itself prepare or have prepared a plat for the subdivision of land under
municipal ownership.
L. The legislative bodies of cities and towns may by ordinance regulate land splits
within their corporate limits. Authority granted under this section refers to the
determination of division lines, area and shape of the tracts or parcels and does not
include authority to regulate the terms or condition of the sale or lease nor does it
include the authority to regulate the sale or lease of tracts or parcels that are not the
result of land splits as defined in section 9-463.
M. For any subdivision that consists of ten or fewer lots, tracts or parcels, each
of which is of a size as prescribed by the legislative body, the legislative body of each
municipality may waive the requirement to prepare, submit and receive approval of a
preliminary plat as a condition precedent to submitting a final plat and may waive or
reduce infrastructure standards or requirements except for improved dust-controlled
access and minimum drainage improvements. 9-463.02 Subdivision defined; applicability
A. "Subdivision" means improved or unimproved land or lands divided for the purpose
of financing, sale or lease, whether immediate or future, into four or more lots, tracts
or parcels of land, or, if a new street is involved, any such property which is divided
into two or more lots, tracts or parcels of land, or, any such property, the boundaries
of which have been fixed by a recorded plat, which is divided into more than two parts.
"Subdivision" also includes any condominium, cooperative, community apartment, townhouse
or similar project containing four or more parcels, in which an undivided interest in the
land is coupled with the right of exclusive occupancy of any unit located thereon, but
plats of such projects need not show the buildings or the manner in which the buildings
or airspace above the property shown on the plat are to be divided.
B. The legislative body of a municipality shall not refuse approval of a final plat
of a project included in subsection A under provisions of an adopted subdivision
regulation because of location of buildings on the property shown on the plat not in
violation of such subdivision regulations or on account of the manner in which airspace
is to be divided in conveying the condominium. Fees and lot design requirements shall be
computed and imposed with respect to such plats on the basis of parcels or lots on the
surface of the land shown thereon as included in the project. This subsection does not
limit the power of such legislative body to regulate the location of buildings in such a
project by or pursuant to a zoning ordinance.
C. "Subdivision" does not include the following:
1. The sale or exchange of parcels of land to or between adjoining property owners
if such sale or exchange does not create additional lots.
2. The partitioning of land in accordance with other statutes regulating the
partitioning of land held in common ownership.
3. The leasing of apartments, offices, stores or similar space within a building or
trailer park, nor to mineral, oil or gas leases.
9-463.03 Violations
It is unlawful for any person to offer to sell or lease, to contract to sell or
lease or to sell or lease any subdivision or part thereof until a final plat thereof, in
full compliance with provisions of this article and of any subdivision regulations which
have been duly recorded in the office of recorder of the county in which the subdivision
or any portion thereof is located, is recorded in the office of the recorder, except that
this shall not apply to any parcel or parcels of a subdivision offered for sale or lease,
contracted for sale or lease, or sold or leased in compliance with any law or subdivision
regulation regulating the subdivision plat design and improvement of subdivisions in
effect at the time the subdivision was established. The county recorder shall not record
a plat located in a municipality having subdivision regulations enacted under this
article unless the plat has been approved by the legislative body of the municipality.
9-463.04 Extraterritorial jurisdiction
A. In any county not having county subdivision regulations applicable to the
unincorporated territory, the legislative body of any municipality may exercise the
subdivision regulation powers granted in this article both to territory within its
corporate limits and to that which extends a distance of three contiguous miles in all
directions of its corporate limits and not located in a municipality. Any ordinance
intended to have application beyond the corporate limits of the municipality shall
expressly state the intention of such application. Such ordinance shall be adopted in
accordance with the provisions set forth therein.
B. The extraterritorial jurisdiction of two or more municipalities whose
territorial boundaries are less than six miles apart terminates at a boundary line
equidistant from the respective corporate limits of such municipalities, or at such line
as is agreed to by the legislative bodies of the respective municipalities.
C. As a prerequisite to the exercise of extraterritorial jurisdiction, the
membership of the planning agency charged with the preparation or administration of
proposed subdivision regulations for the area of extraterritorial jurisdiction shall be
increased to include two additional members to represent the unincorporated area. Any
additional member shall be a resident of the three mile area outside the corporate limits
and be appointed by the legislative body of the county in which the unincorporated area
is situated. Any such member shall have equal rights, privileges and duties with the
other members of the planning agency in all matters pertaining to the plans and
regulations of the unincorporated area in which they reside, both in preparation of the
original plans and regulations and in consideration of any proposed amendments to such
plans and regulations.
D. Any municipal legislative body exercising the powers granted by this section may
provide for the enforcement of its regulations for the area of extraterritorial
jurisdiction in the same manner as the regulations for the area within the municipality
are enforced.
9-463.05 Development fees; imposition by cities and towns; annual report
A. A municipality may assess development fees to offset costs to the municipality
associated with providing necessary public services to a development.
B. Development fees assessed by a municipality under this section are subject to
the following requirements:
1. Development fees shall result in a beneficial use to the development.
2. Monies received from development fees assessed pursuant to this section shall be
placed in a separate fund and accounted for separately and may only be used for the
purposes authorized by this section. Interest earned on monies in the separate fund
shall be credited to the fund.
3. The schedule for payment of fees shall be provided by the municipality. The
municipality shall provide a credit toward the payment of a development fee for the
required dedication of public sites and improvements provided by the developer for which
that development fee is assessed. The developer of residential dwelling units shall be
required to pay development fees when construction permits for the dwelling units are
issued.
4. The amount of any development fees assessed pursuant to this section must bear a
reasonable relationship to the burden imposed upon the municipality to provide additional
necessary public services to the development. The municipality, in determining the
extent of the burden imposed by the development, shall consider, among other things, the
contribution made or to be made in the future in cash or by taxes, fees or assessments by
the property owner towards the capital costs of the necessary public service covered by
the development fee.
5. If development fees are assessed by a municipality, such fees shall be assessed
in a non-discriminatory manner.
6. In determining and assessing a development fee applying to land in a community
facilities district established under title 48, chapter 4, article 6, the municipality
shall take into account all public infrastructure provided by the district and capital
costs paid by the district for necessary public services and shall not assess a portion
of the development fee based on the infrastructure or costs.
C. A municipality shall give at least sixty days' advance notice of intention to
assess a new or increased development fee and shall release to the public a written
report including all documentation that supports the assessment of a new or increased
development fee. The municipality shall conduct a public hearing on the proposed new or
increased development fee at any time after the expiration of the sixty day notice of
intention to assess a new or increased development fee and at least fourteen days prior
to the scheduled date of adoption of the new or increased fee by the governing body. A
development fee assessed pursuant to this section shall not be effective until ninety
days after its formal adoption by the governing body of the municipality. Nothing in this
subsection shall affect any development fee adopted prior to July 24, 1982.
D. Each municipality that assesses development fees shall submit an annual report
accounting for the collection and use of the fees. The annual report shall include the
following:
1. The amount assessed by the municipality for each type of development fee.
2. The balance of each fund maintained for each type of development fee assessed as
of the beginning and end of the fiscal year.
3. The amount of interest or other earnings on the monies in each fund as of the
end of the fiscal year.
4. The amount of development fee monies used to repay:
(a) Bonds issued by the municipality to pay the cost of a capital improvement
project that is the subject of a development fee assessment.
(b) Monies advanced by the municipality from funds other than the funds established
for development fees in order to pay the cost of a capital improvement project that is
the subject of a development fee assessment.
5. The amount of development fee monies spent on each capital improvement project
that is the subject of a development fee assessment and the physical location of each
capital improvement project.
6. The amount of development fee monies spent for each purpose other than a capital
improvement project that is the subject of a development fee assessment.
E. Within ninety days following the end of each fiscal year, each municipality
shall submit a copy of the annual report to the city clerk. Copies shall be made
available to the public on request. The annual report may contain financial information
that has not been audited.
F. A municipality that fails to file the report required by this section shall not
collect development fees until the report is filed.
9-463.06 Standards for enactment of moratorium; land development; limitations; definitions
A. A city or town shall not adopt a moratorium on construction or land development
unless it first:
1. Provides notice to the public published once in a newspaper of general
circulation in the community at least thirty days before a final public hearing to be
held to consider the adoption of the moratorium.
2. Makes written findings justifying the need for the moratorium in the manner
provided for in this section.
3. Holds a public hearing on the adoption of the moratorium and the findings that
support the moratorium.
B. For urban or urbanizable land, a moratorium may be justified by demonstration of
a need to prevent a shortage of essential public facilities that would otherwise occur
during the effective period of the moratorium. This demonstration shall be based on
reasonably available information and shall include at least the following findings:
1. A showing of the extent of need beyond the estimated capacity of existing
essential public facilities expected to result from new land development, including
identification of any essential public facilities currently operating beyond capacity and
the portion of this capacity already committed to development, or in the case of water
resources, a showing that, in an active management area, an assured water supply cannot
be provided or, outside an active management area, a sufficient water supply cannot be
provided, to the new land development, including identification of current water
resources and the portion already committed to development.
2. That the moratorium is reasonably limited to those areas of the city or town
where a shortage of essential public facilities would otherwise occur and on property
that has not received development approvals based upon the sufficiency of existing
essential public facilities.
3. That the housing and economic development needs of the area affected have been
accommodated as much as possible in any program for allocating any remaining essential
public facility capacity.
C. A moratorium not based on a shortage of essential public facilities under
subsection B of this section may be justified only by a demonstration of compelling need
for other public facilities, including police and fire facilities. This demonstration
shall be based on reasonably available information and shall include at least the
following findings:
1. For urban or urbanizable land:
(a) That application of existing development ordinances or regulations and other
applicable law is inadequate to prevent irrevocable public harm from development in
affected geographical areas.
(b) That the moratorium is sufficiently limited to ensure that a needed supply of
affected housing types and the supply of commercial and industrial facilities within or
in proximity to the city or town are not unreasonably restricted by the adoption of the
moratorium.
(c) Stating the reasons that alternative methods of achieving the objectives of the
moratorium are unsatisfactory.
(d) That the city or town has determined that the public harm that would be caused
by failure to impose a moratorium outweighs the adverse effects on other affected local
governments, including shifts in demand for housing or economic development, public
facilities and services and buildable lands and the overall impact of the moratorium on
population distribution.
(e) That the city or town proposing the moratorium has developed a work plan and
time schedule for achieving the objectives of the moratorium.
2. For rural land:
(a) That application of existing development ordinances or regulations and other
applicable law is inadequate to prevent irrevocable public harm from development in
affected geographical areas.
(b) Stating the reasons that alternative methods of achieving the objectives of the
moratorium are unsatisfactory.
(c) That the moratorium is sufficiently limited to ensure that lots or parcels
outside the affected geographical areas are not unreasonably restricted by the adoption
of the moratorium.
(d) That the city or town proposing the moratorium has developed a work plan and
time schedule for achieving the objectives of the moratorium.
D. Any moratorium adopted pursuant to this section does not affect any express
provision in a development agreement entered into pursuant to section 9-500.05 or as
defined in section 11-1101 governing the rate, timing and sequencing of development, nor
does it affect rights acquired pursuant to a protected development right granted
according to chapter 11 of this title or title 11, chapter 9. Any moratorium adopted
pursuant to this section shall provide a procedure pursuant to which an individual
landowner may apply for a waiver of the moratorium's applicability to its property by
claiming rights obtained pursuant to a development agreement, a protected development
right or any vested right or by providing the public facilities that are the subject of
the moratorium at the landowner's cost.
E. A moratorium adopted under subsection C, paragraph 1 of this section shall not
remain in effect for more than one hundred twenty days, but such a moratorium may be
extended for additional periods of time of up to one hundred twenty days if the city or
town adopting the moratorium holds a public hearing on the proposed extension and adopts
written findings that:
1. Verify the problem requiring the need for the moratorium to be extended.
2. Demonstrate that reasonable progress is being made to alleviate the problem
resulting in the moratorium.
3. Set a specific duration for the renewal of the moratorium.
F. A city or town considering an extension of a moratorium shall provide notice to
the general public published once in a newspaper of general circulation in the community
at least thirty days before a final hearing is held to consider an extension of a
moratorium.
G. Nothing in this section shall prevent a city or town from complying with any
state or federal law, regulation or order issued in writing by a legally authorized
governmental entity.
H. A landowner aggrieved by a municipality's adoption of a moratorium pursuant to
this section may file, at any time within thirty days after the moratorium has been
adopted, a complaint for a trial de novo in the superior court on the facts and the law
regarding the moratorium. All matters presented to the superior court pursuant to this
section have preference on the court calendar on the same basis as condemnation matters
and the court shall further have the authority to award reasonable attorney fees incurred
in the appeal and trial pursuant to this section to the prevailing party.
I. In this section:
1. "Compelling need" means a clear and imminent danger to the health and safety of
the public.
2. "Essential public facilities" means water, sewer and street improvements to the
extent that these improvements and water resources are provided by the city, town or
private utility.
3. "Moratorium on construction or land development" means engaging in a pattern or
practice of delaying or stopping issuance of permits, authorizations or approvals
necessary for the subdivision and partitioning of, or construction on, any land. It does
not include denial or delay of permits or authorizations because they are inconsistent
with applicable statutes, rules, zoning or other ordinances.
4. "Rural land" means all property in the unincorporated area of a county or in the
incorporated area of the city or town with a population of two thousand nine hundred or
less persons according to the most recent United States decennial census.
5. "Urban or urbanizable land" means all property in the incorporated area of a
city or town with a population of more than two thousand nine hundred persons according
to the most recent United States decennial census.
6. "Vested right" means a right to develop property established by the expenditure
of substantial sums of money pursuant to a permit or approval granted by the city, town
or county.
9-463 Definitions
In this article, unless the context otherwise requires:
1. "Design" means street alignment, grades and widths, alignment and widths of
easements and rights-of-way for drainage and sanitary sewers and the arrangement and
orientation of lots.
2. "Improvement" means required installations, pursuant to this article and
subdivision regulations, including grading, sewer and water utilities, streets,
easements, traffic control devices as a condition to the approval and acceptance of the
final plat thereof.
3. "Land splits" as used in this article means the division of improved or
unimproved land whose area is two and one-half acres or less into two or three tracts or
parcels of land for the purpose of sale or lease.
4. "Municipal" or "municipality" means an incorporated city or town.
5. "Planning agency" means the official body designated by local ordinance to carry
out the purposes of this article and may be a planning department, a planning commission,
the legislative body itself, or any combination thereof.
6. "Plat" means a map of a subdivision:
(a) "Preliminary plat" means a preliminary map, including supporting data,
indicating a proposed subdivision design prepared in accordance with the provisions of
this article and those of any local applicable ordinance.
(b) "Final plat" means a map of all or part of a subdivision essentially conforming
to an approved preliminary plat, prepared in accordance with the provision of this
article, those of any local applicable ordinance and other state statute.
(c) "Recorded plat" means a final plat bearing all of the certificates of approval
required by this article, any local applicable ordinance and other state statute.
7. "Right-of-way" means any public or private right-of-way and includes any area
required for public use pursuant to any general or specific plan as provided for in
article 6 of this chapter.
8. "Street" means any existing or proposed street, avenue, boulevard, road, lane,
parkway, place, bridge, viaduct or easement for public vehicular access or a street shown
in a plat heretofore approved pursuant to law or a street in a plat duly filed and
recorded in the county recorder's office. A street includes all land within the street
right-of-way whether improved or unimproved, and includes such improvements as pavement,
shoulders, curbs, gutters, sidewalks, parking space, bridges and viaducts.
9. "Subdivider" means a person, firm, corporation, partnership, association,
syndicate, trust or other legal entity that files application and initiates proceedings
for the subdivision of land in accordance with the provisions of this article, any local
applicable ordinance and other state statute, except that an individual serving as agent
for such legal entity is not a subdivider.
10. "Subdivision" means any land or portion thereof subject to the provisions of
this article as provided in section 9-463.02.
11. "Subdivision regulations" means a municipal ordinance regulating the design and
improvement of subdivisions enacted under the provisions of this article or any prior
statute regulating the design and improvement of subdivisions.
9-464.01 Open space land acquisition
The acquisition of interests or rights in real property for the preservation of open
spaces or areas constitutes a public purpose for which public funds may be expended or
advanced.
9-464 Definition
In this article, unless the context otherwise requires, "open space lands or open
area" means any space or area characterized by great natural scenic beauty or whose
existing openness, natural condition or present state of use, if retained, would maintain
or enhance the conservation of natural or scenic resources, or the production of food and
fiber.
9-467 Building permits; issuance; distributionof copies; subsequent owner
A. Any city or town requiring the issuance of a building permit shall transmit one
copy of the permit to the county assessor and one copy to the director of the department
of revenue. Permit copies shall provide the permit number, issue date and parcel
number. On the issuance of the certificate of occupancy or the certificate of completion
or on the expiration or cancellation of the permit, the assessor and the department of
revenue shall be notified in writing or in electronic format of the permit number, parcel
number, issue date and completion date.
B. If a contractor is employed for any construction exceeding the cost of ten
thousand dollars, a building permit may not be issued unless the contractor holds a valid
privilege tax license issued pursuant to section 42-5005 for engaging or continuing in
the business of contracting.
C. If a person has constructed a building or an addition to a building without
obtaining a building permit, a city or town shall not require a subsequent owner to
obtain a permit for the construction or addition done by the prior owner before issuing a
permit for a building addition except that nothing in this section shall be construed as
prohibiting the enforcement of an applicable ordinance or code provision which affects
the public health or safety. 9-471.01 Dates of signatures on petition; time limitation for validity of signatures
A. Each person signing a petition for the annexation of territory to a city or town
shall, at the time he signs, write upon the petition the date on which he signs the
petition.
B. A signature on a petition for annexation shall not be valid if the petition has
not been filed or accepted for filing within two years after the date the signature was
placed on the petition.
9-471.02 Deannexation of land from one municipality and annexation to another municipality
A. Notwithstanding any other provision of law to the contrary, territory may be
deannexed and severed from one city or town and annexed to another city or town in
accordance with the provisions of this section if the territory which is deannexed is
contiguous to the city or town which annexes the territory.
B. The governing body of a city or town which intends to deannex the territory
shall by ordinance set forth the legal description of the territory and shall declare the
deannexation of the territory contingent upon the fulfillment of the conditions of this
section.
C. The governing body of the city or town which intends to annex the territory
shall by ordinance set forth the legal description of the territory and shall declare the
annexation of the territory contingent upon fulfillment of the conditions of this
section.
D. The ordinance passed by each governing body shall be filed with the board of
supervisors which shall set a hearing date of not less than thirty nor more than sixty
days from the date of the filing of the ordinances and shall notify the governing body of
each city or town of the hearing date at least thirty days prior to the date.
E. The governing body of the city or town desiring to deannex territory shall
notify by letter the owner of any real property in the territory to be deannexed at least
twenty days before the hearing by the board of supervisors. Such notification shall
specify that the area is to be deannexed and annexed to another city or town and that
such property shall continue to be subject to any tax lawfully assessed against it for
the purpose of paying any indebtedness lawfully contracted by the governing body of the
city or town while the property was within the corporate limits. The letter shall state
that the property owner may protest the action by letter to the board of supervisors
prior to the hearing or in person at the hearing. If property owners of fifty-one
percent or more of the land area of the territory to be deannexed protest the action,
then the board of supervisors shall deny the deannexation of the territory. No such
action so denied shall be resubmitted to the board of supervisors for at least one year
following such denial.
F. Upon determining that the requirements of this section have been satisfied and
upon the holding of the public hearing and upon determination that the protests filed are
insufficient as defined by this section, the board of supervisors shall order that the
territory be deannexed from one city or town and that the same territory be annexed to
another city or town as specified in the two ordinances authorized by this section.
G. The land deannexed and annexed shall not thereby be exempt from the payment of
any taxes lawfully assessed against it for the purpose of paying any indebtedness
lawfully contracted by the corporate authorities of such city or town while such land was
within the limits thereof and which remains unpaid, and for the payment of which such
land could be lawfully taxed.
H. Whenever the governing body or the city or town which has deannexed territory
shall levy a tax upon the property within such city or town for the purpose of paying
indebtedness incurred before such deannexation, or any part thereof, and interest
thereon, such governing body shall have the authority to levy a tax at the same rate and
for the same purpose on the land so deannexed. In case the owner of any land so
deannexed shall pay off and discharge a portion of such indebtedness equal in amount to
the same proportion of the indebtedness which the assessed value of his land bears to the
entire assessed value of all the property subject to taxation for the payment of such
indebtedness, calculated according to the last assessment previous to such payment, then
such land shall be exempted from further taxation to pay such indebtedness. Upon such
payment being made, the canceled bonds or other evidences of payment of such portion of
such indebtedness shall be deposited with the clerk of such city or town and a
certificate shall be given by him stating that such payment has been made.
I. A copy of the order of the board of supervisors ordering the deannexation and
annexation of any land described in any city or town, certified by the clerk of the
court, shall be filed for record in the recorder's office of the county in which such
land is situated. Such record, or a copy of such order or decree, certified by the clerk
of such court, shall be proof of the deannexation and annexation of such land.
9-471.03 Return of certain land to county; procedures
A. Notwithstanding any other law, territory may be deannexed, severed and returned
to the county by a city or town if the territory is a county owned park, a park operated
on public lands by a county as part of a management agreement or land owned by a flood
control district.
B. The governing body of a city or town that intends to return the territory to the
county shall set forth by ordinance the legal description of the territory and shall
declare the deannexation and return of the territory contingent on the fulfillment of the
conditions of this section.
C. The board of supervisors of the county that intends to receive the returned
territory shall set forth by ordinance the legal description of the territory and shall
declare the return of the territory contingent on fulfillment of the conditions of this
section.
D. The board of supervisors shall set a public hearing not less than thirty nor
more than sixty days after the date the ordinance is filed. On the holding of the public
hearing, the board of supervisors may order that the territory be returned as specified
in the ordinance authorized by the city or town.
9-471 Annexation of territory; procedures;notice; petitions; access to information; restrictions
A. The following procedures are required to extend and increase the corporate
limits of a city or town by annexation:
1. A city or town shall file in the office of the county recorder of the county in
which the annexation is proposed a blank petition required by paragraph 4 of this
subsection setting forth a description and an accurate map of all the exterior boundaries
of the territory contiguous to the city or town proposed to be annexed. Notice and a
copy of the filing shall be given to the clerk of the board of supervisors and to the
county assessor. The accurate map shall include all county rights-of-way and roadways
with no taxable value that are within or contiguous to the exterior boundaries of the
area of the proposed annexation. If state land, other than state land utilized as state
rights-of-way or land held by the state by tax deed, is included in the territory,
written approval of the state land commissioner and the selection board established by
section 37-202 shall also be filed.
2. Signatures on petitions filed for annexation shall not be obtained for a waiting
period of thirty days after filing the blank petition.
3. After filing the blank petition pursuant to paragraph 1 of this subsection, the
governing body of the city or town shall hold a public hearing within the last ten days
of the thirty day waiting period to discuss the annexation proposal. The public hearing
shall be held in accordance with the provisions of title 38, chapter 3, article 3.1,
except that, notwithstanding the provisions of section 38-431.02, subsections C and D,
the following notices of the public hearing to discuss the annexation proposal shall be
given at least six days before the hearing:
(a) Publication at least once in a newspaper of general circulation, which is
published or circulated in the city or town and the territory proposed to be annexed, at
least fifteen days before the end of the waiting period.
(b) Posting in at least three conspicuous public places in the territory proposed
to be annexed.
(c) Notice by first class mail sent to the chairman of the board of supervisors of
the county in which the territory proposed to be annexed is located.
(d) Notice by first class mail with an accurate map of the territory proposed to be
annexed sent to each owner of the real and personal property as shown on the list
furnished pursuant to subsection G of this section that would be subject to taxation by
the city or town in the event of annexation in the territory proposed to be annexed. For
the purposes of this subdivision, real and personal property includes mobile, modular and
manufactured homes and trailers only if the owner also owns the underlying real property.
4. Within one year after the last day of the thirty day waiting period a petition
in writing signed by the owners of one-half or more in value of the real and personal
property and more than one-half of the persons owning real and personal property that
would be subject to taxation by the city or town in the event of annexation, as shown by
the last assessment of the property, may be circulated and filed in the office of the
county recorder. For the purposes of this paragraph, real and personal property includes
mobile, modular and manufactured homes and trailers only if the owner also owns the
underlying real property.
5. No alterations increasing or reducing the territory sought to be annexed shall
be made after a petition has been signed by a property owner.
6. The petitioner shall determine and submit a sworn affidavit verifying that no
part of the territory for which the filing is made is already subject to an earlier
filing for annexation. The county recorder shall not accept a filing for annexation
without the sworn affidavit.
B. All information contained in the filings, the notices, the petition, tax and
property rolls and other matters regarding a proposed or final annexation shall be made
available by the appropriate official for public inspection during regular office hours.
C. Any city or town, the attorney general, the county attorney, or any other
interested party may upon verified petition move to question the validity of the
annexation for failure to comply with the provisions of this section. The petition shall
set forth the manner in which it is alleged the annexation procedure was not in
compliance with the provisions of this section and shall be filed within thirty days
after adoption of the ordinance annexing the territory by the governing body of the city
or town and not otherwise. The burden of proof shall be upon the petitioner to prove the
material allegations of his verified petition. No action shall be brought to question the
validity of an annexation ordinance unless brought within the time and for the reasons
provided in this subsection. All hearings provided by this section and all appeals
therefrom shall be preferred and heard and determined in preference to all other civil
matters, except election actions. In the event more than one petition questioning the
validity of an annexation ordinance is filed, all such petitions shall be consolidated
for hearing. If two or more cities or towns show the court that they have demonstrated
an active interest in annexing any or all of the area proposed for annexation, the court
shall consider any oral or written agreements or understandings between or among the
cities and towns in making its determination pursuant to this subsection.
D. The annexation shall become final after the expiration of thirty days from the
adoption of the ordinance annexing the territory by the city or town governing body,
provided the annexation ordinance has been finally adopted in accordance with procedures
established by statute, charter provisions, or local ordinances, whichever is applicable,
subject to the review of the court to determine the validity thereof if petitions in
objection have been filed.
E. For the purpose of determining the sufficiency of the percentage of the value of
property under this section, such values of property shall be determined as follows:
1. In the case of property assessed by the county assessor, values shall be the
same as shown by the last assessment of the property.
2. In the case of property valued by the department of revenue, values shall be
appraised by the department in the manner provided by law for municipal assessment
purposes.
F. For the purpose of determining the sufficiency of the percentage of persons
owning property under this section, the number of persons owning property shall be
determined as follows:
1. In the case of property assessed by the county assessor, the number of persons
owning property shall be as shown on the last assessment of the property.
2. In the case of property valued by the department of revenue, the number of
persons owning property shall be as shown on the last valuation of the property.
3. If an undivided parcel of property is owned by multiple owners, such owners
shall be deemed as one owner for the purposes of this section.
4. If a person owns multiple parcels of property, such owner shall be deemed as one
owner for the purposes of this section.
G. The county assessor and the department of revenue, respectively, shall furnish
to the city or town proposing an annexation within thirty days after a request therefor a
statement in writing showing the owner, the address of each owner and the appraisal and
assessment of all such property.
H. Territory is not contiguous for the purposes of subsection A, paragraph 1 of
this section unless:
1. It adjoins the exterior boundary of the annexing city or town for at least three
hundred feet.
2. It is, at all points, at least two hundred feet in width, excluding
rights-of-way and roadways.
3. The distance from the existing boundary of the annexing city or town where it
adjoins the annexed territory to the furthest point of the annexed territory from such
boundary is no more than twice the maximum width of the annexed territory.
I. A city or town shall not annex territory if as a result of such annexation
unincorporated territory is completely surrounded by the annexing city or town.
J. Notwithstanding any provisions of this article to the contrary, any town
incorporated prior to 1950 which had a population of less than two thousand persons by
the 1970 census and which is bordered on at least three sides by Indian lands may annex
by ordinance territory owned by the state within the same county for a new townsite which
is not contiguous to the existing boundaries of the town.
K. The provisions of subsections H and I of this section shall not apply to
territory which is surrounded by the same city or town or which is bordered by the same
city or town on at least three sides.
L. A city or town annexing an area shall adopt zoning classifications which permit
densities and uses no greater than those permitted by the county immediately before
annexation. Subsequent changes in zoning of the annexed territory shall be made according
to existing procedures established by the city or town for the rezoning of land.
M. The annexation of territory within six miles of territory included in a pending
incorporation petition filed with the county recorder pursuant to section 9-101.01,
subsection C shall not cause an urbanized area to exist pursuant to section 9-101.01
which did not exist prior to the annexation.
N. As an alternative to the procedures established in this section, a county
right-of-way or roadway with no taxable real property may be annexed to an adjacent city
or town by mutual consent of the governing bodies of the county and city or town if the
property annexed is adjacent to the annexing city or town for the entire length of the
annexation and if the city or town and county each approve the proposed annexation as a
published agenda item at a regular public meeting of their governing bodies.
O. On or before the date the governing body adopts the ordinance annexing
territory, the governing body shall have approved a plan, policy or procedure to provide
the annexed territory with appropriate levels of infrastructure and services to serve
anticipated new development within ten years after the date when the annexation becomes
final pursuant to subsection D of this section.
P. If a property owner prevails in any action to challenge the annexation of the
property owner's property, the court shall allow the property owner reasonable attorney
fees and costs relating to the action from the annexing municipality.
Q. A city or town may annex territory that is a county owned park or a park
operated on public lands by a county as part of a management agreement if otherwise
agreed to by the board of supervisors. If the board of supervisors does not agree to the
annexation, the county owned park or park operated on public lands by a county as part of
a management agreement shall be excluded from the annexation area, notwithstanding
subsections H and I of this section. A county owned park or park operated on public lands
by a county as part of a management agreement that is excluded from the annexation area
pursuant to this subsection may subsequently be annexed with the permission of the board
of supervisors notwithstanding any other provision of this section. For the purposes of
this subsection, "public lands":
1. Has the same meaning prescribed in section 37-901.
2. Does not include lands owned by a flood control district.
9-472 Annexed territory as part of adjoiningdistrict
All territory annexed to a city or town shall become a part of the district or
districts of the city or town adjoining the territory so annexed.
9-473 Redistricting; representation
A. The common councils of incorporated cities and towns may redistrict and
subdivide their territory into districts.
B. Each district shall contain a nearly equal number of inhabitants at the time of
the redistricting and shall consist of contiguous territory in as compact form as
possible. The redistricting shall not be made within six months prior to a city, town or
district election.
C. Each district shall be entitled to one councilman or representative in the
governing body.
9-474 Subdivision plats; projection of streetand alley lines; approval; survey
A. When the owner of land, the whole or part of which is in an unincorporated area
within three miles from the corporate limits of a city or town having an ordinance
establishing minimum subdivision standards and controls, desires to subdivide the land
into lots for the purpose of selling it by reference to a map or plat, he shall first
give written notice to the city or town of his intention to subdivide the land, naming
and describing the land so that it may be identified upon the ground, and shall submit to
the city or town a tentative plat of the land showing the manner in which he desires to
subdivide the land.
B. If the city or town desires that the streets or alleys of the tract conform with
the projected streets or alleys of the city or town, or of an adopted plan of the city or
town, then the city or town may, at its cost, project the lines of its streets and alleys
to the nearest outer boundary lines of the subdivision and thereon mark the same, and
shall supply the owner with the courses of the lines.
C. The city or town may also submit to the owner a written report recommending
changes in the submitted plat of the location or dimension of streets, alleys, parks,
easement for rights-of-way or property intended to be devoted to the use of the
public. One copy of the report shall be delivered to the board of supervisors of the
county.
D. If the report is given to the owner or the lines are so marked and the courses
given the owner within thirty days from the date of service of notice of intention to the
city or town, then the owner shall cause the land to be subdivided into blocks, lots,
streets, alleys, parks and parkways, so as to accurately conform to the report and the
projected lines and the courses thereof, and shall prepare in duplicate an accurate map
or plat thereof on cloth, drawn and attested by a registered civil engineer or registered
land surveyor from his survey of the ground. The engineer or registered land surveyor
shall, in making the surveys, leave sufficient permanent monuments so that another
surveyor or engineer may retrace his work. The nature and location of the monuments
shall be plainly shown on the plat.
E. The plat shall particularly set forth and describe:
1. Parcels of ground within the tract or subdivision to be used for public purposes
or offered for dedication for public uses, and their dimensions, boundaries and courses.
2. Either by number or letter, lots intended for sale, or reserved for private use,
and their dimensions, boundaries and courses.
3. The location of the subdivision into lots with reference to adjacent
subdivisions, the maps or plats of which have been previously recorded, or if none, then
with reference to corners of a United States survey, or if on land unsurveyed by the
United States, then to some prominent artificial monument established for such purpose.
9-475 Filing of map; hearing; approval;recording
A. One copy of the plat or map shall be filed with the city or town and the other
copy with the board of supervisors of the county in which the subdivision is situated, to
which shall be attached the petition of the owner praying for the approval of the plat or
map.
B. The board of supervisors shall set the petition for hearing not less than
fifteen and not more than thirty days from the date of the filing of the plat or map and
petition with the board, and shall cause written notice thereof to be given to the
governing body of the city or town. The city or town may appear at the hearing and show
cause why the petition should not be granted. Upon the hearing, if it appears to the
board that the plat or map reasonably conforms to legal requirements it shall approve and
endorse the approval upon the plat or map and transmit it to the county recorder of the
county for filing.
9-476 Amendments to plat
If on the hearing it is determined by the board that corrections, additions or
amendments in any respect shall be made to the plat or map then a plat or map shall be
prepared by the owner in accordance with the amendments, corrections or additions, and
the consent of the owner and the board shall be endorsed thereon and filed with the
county recorder.
9-477 Subdivision name; limitation; title tostreets
A. Upon the plat or map shall be endorsed a name, title or designation of the
subdivision and the acknowledgment by the owner or some person for him duly authorized
thereunto by deed.
B. No title, name or designation shall be given that is the same as that of a
subdivision in a city or town in the same county of which a plat or map has been
recorded.
C. Upon the filing of the plat or map, the fee of all streets, alleys, parks and
other parcels of ground reserved therein to the use of the public, shall vest in the
public.
9-478 Acceptance of plat by recorder
No plat or map shall be accepted by the county recorder for filing unless it
complies with the provisions of this article, but if an owner has given to a city or town
written notice of intention to subdivide and the city or town has failed or refused
within the time specified in this article to project the lines of its streets and alleys
and to supply the courses thereof, then the owner may file with the county recorder the
plat or map of the subdivision in conformity with law, attaching thereto the sworn
statement of the owner of the proceedings.
9-479 Conveyance by reference to plat;restriction; violation; penalty
A. No property shall be sold or described in a conveyance or other instrument by
reference to any map or plat of a subdivision comprehended within the provisions of this
article unless the map or plat has been prepared and filed under the provisions of this
article.
B. Every person who sells or offers for sale a lot or parcel of land by reference
to a map or plat not prepared in accordance with the provisions of this article is guilty
of a class 2 misdemeanor, and every sale or offer of sale of such lot or parcel of land
constitutes a separate offense.
9-481 Audits of cities and towns
A. The governing body of each incorporated city or town shall cause an audit to be
made by a certified public accountant or public accountant who is currently licensed by
the ARIZONA state board of accountancy and who is not an employee of the city or town.
Audits shall be made for each fiscal year for all incorporated cities. Audits shall be
made at least once for every two fiscal years for all incorporated towns, and the audit
shall include financial transactions during both fiscal years.
B. The audit and the audit report shall include all of the accounts and funds of
the city or town, including operating, special, utility, debt, trust, pension, and all
other money or property for which the city or town, or any department or officer of the
city or town, is responsible either directly or indirectly. The audits shall be made in
accordance with generally accepted auditing standards. The consequent audit report shall
contain financial statements that are in conformity with generally accepted municipal
accounting principles and shall set forth the financial position and results of the
operations for each fund and account of the city or town. The audit report shall also
include the following:
1. The professional opinion of the accountant or accountants with respect to the
financial statements or, if an opinion cannot be expressed, a declaration of the reasons
an opinion cannot be expressed.
2. Beginning with fiscal year 2003-2004, a determination as to whether highway user
revenue fund monies received by the city or town pursuant to title 28, chapter 18,
article 2 and any other dedicated state transportation revenues received by the city or
town are being used solely for the authorized transportation purposes.
C. The audit shall begin as soon as possible after the close of the fiscal year
although interim auditing may be performed during the year or years under audit. The
audit shall be completed and the final audit report shall be submitted within six months
after the close of the fiscal year or years audited.
D. Not less than three copies of the audit report shall be signed by the auditor
and filed with the city or town. The city or town shall immediately make one copy of the
report a public record which shall be open to the public for inspection and one copy
shall be deposited with the ARIZONA state library, archives and public records.
9-482 Expense of audits
The expense of the audit shall be paid by the city or town for which the audit is
made. Contracts for the performance of such audits required by this article may be
entered into without competitive bidding.
9-491 Unpaid license taxes; recovery
A. A city or town may maintain in its name a civil action to recover an unpaid
license, business or occupation tax imposed by an ordinance of the city or town against a
person liable for the payment thereof.
B. It is not a defense to the action that a person otherwise liable for the tax has
not applied for or obtained the issuance of the license prescribed, nor shall the action
abate by reason of the pendency of, or judgment in, a criminal prosecution for failure to
pay the tax, or transacting business or doing any act without paying the tax or procuring
a license.
9-492 Investment of sinking funds and surplusor idle funds of municipality
A. The governing body of a municipality may invest its sinking funds in United
States, state, or county bonds or in bonds, debentures or other obligations issued by the
federal land banks, the federal intermediate credit banks or the banks for cooperatives.
B. In addition to the provisions of subsection A of this section, the governing
body of a municipality may invest its surplus or idle funds in United States treasury
bills, notes or bonds which have a maturity date of not more than one year from the date
of investment and in accounts of any savings and loan association insured by an agency of
the government of the United States, up to the amount of such insurance.
9-493 Appropriation for advertising
A. Cities and towns with a population of more than sixty thousand persons according
to the most recent United States decennial census may appropriate annually from the
general fund an amount not to exceed two-tenths of one per cent of the assessed valuation
of the city or town and cities and towns with a population of sixty thousand persons or
less according to the most recent United States decennial census may appropriate annually
from the general fund an amount not to exceed three-tenths of one per cent of the
assessed valuation or in either case forty thousand dollars, whichever sum is the
greater, for the purpose of encouraging immigration, new industries and investment in the
city or town and for printing and distributing books, pamphlets and maps advertising the
advantages of the city or town.
B. The governing body may pay the amount appropriated to the chamber of commerce,
board of trade or other commercial organization of the city or town to be expended for
the purposes enumerated in this section.
9-494 Parks; tax for parks within reclamationprojects
A. A city or town may establish and maintain public parks, and acquire, hold and
improve real property for that purpose.
B. In a city or town lying within a reclamation project in which a park has been
set aside under an act of Congress, a tax of not more than four-tenths mills on the
dollar may be levied on all property by the city or town for the purpose of paying, or
partly paying, the expenses of maintaining the park.
9-495 Tax levy for municipal band;authorization
A. Cities and towns may, when authorized as provided by this section, levy each
year a tax not to exceed one mill for the purpose of maintaining or employing a municipal
band.
B. When a petition, signed by not less than ten per cent of the lawful voters of
the city or town, as shown by the last regular municipal election, is filed with the
governing body requesting that the proposition: "Shall a tax of not exceeding one mill
be levied each year for the purpose of furnishing a band fund?" be submitted to the
voters, the governing body shall cause the question to be submitted to the voters of the
city or town at the next general municipal election.
C. If a majority of the votes cast at the election is in favor of the proposition,
the governing body shall levy the tax.
D. The funds derived from the levy shall be expended for the purpose only of
maintaining or employing a municipal band.
E. A like petition may be presented to the governing body requesting that the
proposition: "Shall the power to levy a tax for the maintenance or employment of a band
be canceled?" be submitted to the voters of the city or town. The proposition shall be
submitted at the next general municipal election, and if a majority of the votes cast is
in favor of the question no further levy for such purpose shall be made.
9-496 Expenditures in federal areas
A. A city or town may expend public money in any area federally owned or controlled
if it is determined by the governing body of the city or town that such expenditure is
necessary for the health or safety of such city or town.
B. Before entering upon any expenditure in the area as provided in subsection A, a
written agreement permitting the city or town to make the improvements or construct the
works deemed necessary for the health or safety of the city or town shall be obtained by
the city or town from the federal agency having legal control or ownership of the
property upon which the improvement or works is to be made.
C. This section shall not be deemed to repeal or amend any existing law, the
provisions of section 1-245 notwithstanding, nor shall this section or the application
thereof be deemed to amend or repeal the general powers conferred by law upon cities and
towns, but shall be in addition thereto.
9-497 Authority to procure liability insurancecovering officers, agents and employees
Cities and towns may expend public funds to procure liability insurance covering
their officers, agents, and employees while employed in governmental or proprietary
capacities.
9-498 Authority for county to furnish servicesto city or town
The governing body of an incorporated city or town, and the county board of
supervisors of the county in which such city or town is located, may enter into an
agreement whereby:
1. The county shall furnish part-time or full-time police protection to persons and
property within the boundaries of such city or town, or any part thereof, as provided for
in the agreement.
2. The incorporated city or town that contracts for and receives any of the
services provided under the provisions of paragraph 1 shall pay to the county the amount
agreed to be paid to the county for furnishing such services.
9-499.01 Powers of charter and general law cities
Charter cities and general law cities, whether incorporated as cities pursuant to
section 9-101 or having assumed a city organization pursuant to section 9-271, shall be
vested with all the powers of incorporated towns as set forth in title 9, in addition to
all powers vested in them pursuant to their respective charters, or other provisions of
law relating to cities and towns.
9-499.02 Standards for curb ramps
A. The standard for construction of curbs on each side of any city or town street,
or any connecting street or road for which curbs have been prescribed by the governing
body of the city or town having jurisdiction thereover, shall be not less than two ramps
per lineal block at the crosswalks at intersections. At the option of the city or town,
such ramps may have a two foot exposed aggregate strip adjacent to the gutter. Such
ramps shall comply with the Americans with disabilities act of 1990 (42 United States
Code sections 12101 through 12213).
B. Standards set for ramps or curbs under subsection A shall not apply to any ramp
or curb existing on June 12, 1975 but shall apply to all new ramp or curb construction
and to all replacement ramps or curbs constructed at any point in a block which gives
reasonable access to a crosswalk.
9-499.03 Participation in medical clinics
The governing body of an incorporated city or town may establish, maintain and
operate medical clinics as defined in title 36, chapter 24, article 1.
9-499.04 Animal control officers; appointment; authority; powers and duties
A. Any city and town may by ordinance provide for the appointment of animal control
officers who may commence an action or proceeding before a court for any violation of a
state statute or local ordinance relating to rabies and animal control which occurs
within the jurisdiction of the city or town.
B. An animal control officer appointed pursuant to subsection A shall:
1. Be unarmed during the course of duties except that a small caliber firearm may
be available to be used in controlling vicious animals or in dispatching of a wounded
animal. In this paragraph "small caliber firearm" means a rifle or pistol utilizing a
rimfire cartridge with a caliber not to exceed twenty-two hundredths of an inch and with
a non-richocheting bullet or a shotgun whose bore size shall not exceed forty-one
hundredths of an inch.
2. Be an employee of the appointing city or town.
C. This section shall not be construed to grant other powers or benefits to animal
control officers to which peace officers of this state are entitled.
9-499.05 Authority to set rates for private towing carrier; notice of parking violations; violation; classification; definition
A. The governing body of an incorporated city or town may regulate the maximum rate
and charge for towing, transporting or impounding a motor vehicle from private property
without the permission of the owner or operator of the vehicle by any private towing
carriers doing business within its boundaries. A private towing carrier is subject to
the maximum rate and charge regulation prescribed by the city or town for all such
towing, transporting or impounding services if the vehicle being towed or transported is
towed from private property located within the boundaries of the city or town.
B. The owner or agent of the owner of the private property shall be deemed to have
given consent to unrestricted parking by the general public in any parking area of the
private property unless such parking area is posted with signs as prescribed by this
subsection which are clearly visible and readable from any point within the parking area
and at each entrance. Such signs shall contain, at a minimum, the following:
1. Restrictions on parking.
2. Disposition of vehicles found in violation of the parking restrictions.
3. Maximum cost to the violator, including storage fees and any other charges that
could result from the disposition of a vehicle parked in violation of parking
restrictions.
4. Telephone number and address where the violator can locate the violator's
vehicle.
C. It is unlawful for a private towing carrier to tow or transport a motor vehicle
from private property without the permission of the owner or operator of the motor
vehicle unless such private towing carrier receives a request from a law enforcement
agency or the express written permission from the owner or the agent of the owner of the
property that has complied with the requirements of subsection B. The owner or the
owner's agent shall either sign each towing order or authorize the tow by a written
contract which is valid for a specific length of time. The private towing carrier may
not act as the agent of the owner.
D. A person who violates subsection C is guilty of a class 2 misdemeanor.
E. This section shall apply only to services performed while a person is actually
engaged in the activities of a private towing carrier.
F. The provisions of this section do not apply to abandoned or junk vehicles
disposed of pursuant to title 28, chapter 11.
G. For the purposes of this section, "private towing carrier" means any person who
commercially offers services to tow, transport or impound motor vehicles from private
property without the permission of the owner or operator of the vehicle by use of a truck
or other vehicle designed for or adapted to that purpose.
9-499.06 Fire insurance premium tax revenues; cities and towns and fire districts utilizing private fire companies
Monies received pursuant to sections 9-951 and 9-952 by a city or town or legally
organized fire district which procures the services of a private fire company shall be
deposited in the city or town general fund or, in the case of a fire district, in the
fire fighters' relief and pension fund for the purpose of providing fire protection
services.
9-499.07 Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; home detention for persons sentenced for driving under the influence of alcohol or drugs
A. A city or town may establish a prisoner work, community restitution work and
home detention program for eligible sentenced prisoners, which shall be treated the same
as confinement in jail. The presiding judge of the city or town municipal court shall
approve the program before its implementation.
B. A prisoner is not eligible for a prisoner work, community restitution work and
home detention program if any of the following applies:
1. The prisoner is found by the city or town to constitute a risk to either himself
or other members of the community.
2. The prisoner has a past history of violent behavior.
3. The sentencing judge states at the time of the sentence that the prisoner may
not be eligible for a prisoner work, community restitution work and home detention
program.
C. For prisoners who are selected for the program, the city or town may require
electronic monitoring in the prisoner's home whenever the prisoner is not at the
prisoner's regular place of employment or while the prisoner is assigned to a community
work task. If electronic monitoring is required, the prisoner shall remain under the
control of a home detention device that constantly monitors the prisoner's location in
order to determine that the prisoner has not left the prisoner's premises. In all other
cases, the city or town shall implement a system of monitoring using telephone contact or
other appropriate methods to assure compliance with the home detention requirements. The
city or town may place appropriate restrictions on prisoners in the program, including
testing prisoners for consumption of alcoholic beverages or drugs or prohibiting
association with individuals who are determined to be detrimental to the prisoner's
successful participation in the program.
D. If a prisoner is placed on electronic monitoring pursuant to subsection C of
this section, the prisoner shall pay an electronic monitoring fee in an amount ranging
from zero to full cost and thirty dollars per month while on electronic monitoring,
unless, after determining the inability of the prisoner to pay these fees, the city or
town assesses a lesser fee. The fees collected shall be used by the city or town to
offset operational costs of the program.
E. Prisoners who are selected for the home detention program shall be employed
within the county in which the city or town is located. The city or town shall review the
place of employment to determine whether it is appropriate for a home detention prisoner.
If the prisoner is terminated from employment or does not come to work, the employer
shall notify the city or town. Alternatively, or in addition, a community restitution
work assignment may be made by the city or town to a program recommended by the community
restitution work committee. If a prisoner is incapable of performing community
restitution or being employed, the city or town may exempt the prisoner from these
programs.
F. The city or town may require that a prisoner who is employed during the week
also participate in community restitution work programs on weekends.
G. The city or town may allow prisoners to be away from home detention for special
purposes, including church attendance, medical appointments or funerals.
H. Community restitution work shall include public works projects operated and
supervised by the city or town or other public agencies of this state or projects
sponsored and supervised by public or private community oriented organizations and
agencies.
I. A city or town implementing a program under this section shall appoint a
community restitution work committee. The committee shall recommend to the city or town
appropriate community restitution work projects for home detention prisoners. Members
are not eligible to receive compensation.
J. At any time the city or town may terminate a prisoner's participation in the
prisoner work, community restitution work and home detention program and require that the
prisoner complete the remaining term of the prisoner's sentence in jail confinement.
K. Nothing in this section shall prohibit a city or town from entering into a joint
exercise of powers agreement pursuant to section 11-952 for a prisoner work, community
restitution work and home detention program.
L. If authorized by the court, a person who is sentenced pursuant to section
28-1381 or 28-1382 shall not be placed under home detention in a prisoner work, community
restitution work and home detention program except as provided in subsections M through R
of this section.
M. By a majority vote of the full membership of the governing body of the
municipality after a public hearing and a finding of necessity, a city or town may
establish a home detention program for persons who are sentenced to jail confinement
pursuant to section 28-1381 or 28-1382. A prisoner who is placed under the program
established pursuant to this subsection shall bear the cost of all testing, monitoring
and enrollment in alcohol or substance abuse programs unless, after determining the
inability of the prisoner to pay the cost, the court assesses a lesser amount. The city
or town shall use the collected monies to offset operational costs of the program.
N. If the city or town establishes a home detention program under subsection M of
this section, a prisoner must meet the following eligibility requirements for the
program:
1. The provisions of subsection B of this section apply in determining eligibility
for the program.
2. If the prisoner is sentenced under section 28-1381, subsection I, the prisoner
first serves a minimum of twenty-four consecutive hours in jail.
3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced
under section 28-1381, subsection K or section 28-1382, subsection D or F, the prisoner
first serves a minimum of fifteen consecutive days in jail before being placed under home
detention.
4. The prisoner is required to comply with all of the following provisions for the
duration of the prisoner's participation in the home detention program:
(a) All of the provisions of subsections C through H of this section.
(b) Testing at least once a day for the use of alcoholic beverages or drugs by a
scientific method that is not limited to urinalysis or a breath or intoxication test in
the prisoner's home or at the office of a person designated by the court to conduct these
tests.
(c) Participation in an alcohol or drug program, or both. These programs shall be
accredited by the department of health services or a county probation department.
(d) Prohibition of association with any individual determined to be detrimental to
the prisoner's successful participation in the program.
(e) All other provisions of the sentence imposed.
5. Any additional eligibility criteria that the city or town may impose.
O. If a city or town establishes a home detention program under subsection M of
this section, the court, on placing the prisoner in the program, shall require electronic
monitoring in the prisoner's home and, if consecutive hours of jail time are ordered,
shall require the prisoner to remain at home during the consecutive hours ordered. The
detention device shall constantly monitor the prisoner's location to ensure that the
prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive
the minimum jail confinement requirements under subsection N, paragraph 2 of this
section.
P. The court shall terminate a prisoner's participation in the home detention
program and require the prisoner to complete the remaining term of the jail sentence by
jail confinement if:
1. The prisoner fails to successfully complete a court ordered alcohol or drug
screening, counseling, education and treatment program pursuant to subsection N,
paragraph 4, subdivision (c) of this section, section 28-1381, subsection J or L or
section 28-1382, subsection E or G.
2. The court finds that the prisoner left the premises without permission of the
court or supervising authority during a time the prisoner is ordered to be on the
premises.
Q. At any other time the court may terminate a prisoner's participation in the home
detention program and require the prisoner to complete the remaining term of the jail
sentence by jail confinement.
R. The governing body of the city or town may terminate the program established
under subsection M of this section by a majority vote of the full membership of the
governing body. 9-499.09 Indigent defendants; appointment ofcounsel; fee
A. The municipal court shall appoint legal counsel to represent indigent defendants
pursuant to the ARIZONA rules of criminal procedure. In addition to court appointed
attorney reimbursement costs, the court may order an indigent administrative assessment
fee in an amount not to exceed twenty-five dollars.
B. Administrative assessment fees collected pursuant to subsection A shall be paid
into the general fund of the city or town where the municipal court is located and used
to defray the costs of court appointed counsel.
9-499.10 Infill incentive districts
A. The governing body of a city or town may designate an infill incentive district
in an area in the city or town that meets at least three of the following requirements:
1. There is a large number of vacant older or dilapidated buildings or structures.
2. There is a large number of vacant or underused parcels of property, obsolete or
inappropriate lot or parcel sizes or environmentally contaminated sites.
3. There is a large number of buildings or other places where nuisances exist or
occur.
4. There is an absence of development and investment activity compared to other
areas in the city or town.
5. There is a high occurrence of crime.
6. There is a continuing decline in population.
B. If the governing body establishes an infill incentive district, it shall adopt
an infill incentive plan to encourage redevelopment in the district. The plan may
include:
1. Expedited zoning or rezoning procedures.
2. Expedited processing of plans and proposals.
3. Waivers of municipal fees for development activities as long as the waivers are
not funded by other development fees.
4. Relief from development standards. 9-499.11 Lighting standards for municipal buildings; life cycle costing; evaluation standards; shielding A. A city or town with a population of fifty thousand or more persons shall provide for efficient and effective lighting systems for new construction and major renovations of municipal buildings, structures, facilities and areas as determined by an evaluation based on the illuminating engineering society of north America lighting handbook and recommended practices. B. Life cycle costs as defined in section 34-454 shall be used to evaluate the design, equipment and materials that are considered pursuant to subsection A of this section. C. All outdoor light fixtures that are owned and operated by a city or town and that are subject to the requirements of subsection A of this section shall be fully shielded as defined in section 49-1101, except that outdoor light fixtures for a municipal recreational area or municipal sports facility shall be fully or partially shielded as defined in section 49-1101. This subsection does not apply to those outdoor light fixtures that are not required to be shielded pursuant to section 49-1102. 9-499.12 Municipal social workers; exemption
A person who is employed by a municipality of this state and who in the course of
that employment engages in the practice of social work but who does not treat mental or
emotional disorders and who does not assess, appraise, diagnose, evaluate or treat
individuals, families or groups through the use of psychotherapy is exempt from the
requirements of title 32, chapter 33. 9-499 Removal of rubbish, trash, weeds, filth,debris and dilapidated structures; removal by city; costs assessed;collection; priority of assessment; definitions
A. The governing body of a city or town, by ordinance, shall compel the owner,
lessee or occupant of property to remove rubbish, trash, weeds or other accumulation of
filth, debris or dilapidated structures which constitute a hazard to public health and
safety from buildings, grounds, lots, contiguous sidewalks, streets and alleys. An
ordinance shall require:
1. Written notice to the owner, the owner's authorized agent or the owner's
statutory agent and to the occupant or lessee. The notice shall be served either by
personal service or by certified mail. If notice is served by certified mail, the notice
shall be mailed to the last known address of the owner, the owner's authorized agent or
the owner's statutory agent and to the address to which the tax bill for the property was
last mailed. The notice shall be given not less than thirty days before the day set for
compliance and shall include the legal description of the property and the cost of such
removal to the city or town if the owner, occupant or lessee does not comply. The owner
shall be given not less than thirty days to comply. The city or town may record the
notice in the county recorder's office in the county in which the property is
located. If the notice is recorded and compliance with the notice is subsequently
satisfied, the city or town shall record a release of the notice.
2. Provisions for appeal to and a hearing by the governing body of the city or town
or a board of citizens that is appointed by the governing body on both the notice and the
assessments, unless the removal or abatement is ordered by a court.
3. That any person, firm or corporation that places any rubbish, trash, filth or
debris upon any private or public property not owned or under the control of that person,
firm or corporation is guilty of a class 1 misdemeanor or a civil violation and, in
addition to any fine or penalty which may be imposed for a violation of any provision of
this section, is liable for all costs which may be assessed pursuant to this section for
removing, abating or enjoining the rubbish, trash, filth or debris.
B. The ordinance may provide that if any person with an interest in the property,
including an owner, lienholder, lessee or occupant, after notice as required by
subsection A, paragraph 1 of this section does not remove such rubbish, trash, weeds,
filth, debris or dilapidated structures and abate the condition which constitutes a
hazard to public health and safety, the city or town may remove, abate, enjoin or cause
their removal.
C. The governing body of the city or town may prescribe by ordinance a procedure
for the removal or abatement, and for making the actual cost of the removal or abatement,
including the actual costs of any additional inspection and other incidental connected
costs, an assessment upon the property from which the rubbish, trash, weeds or other
accumulations are removed or abated.
D. The ordinance may provide that the cost of removal, abatement or injunction of
such rubbish, trash, weeds, filth, debris or dilapidated structures from any lot or tract
of land, and associated legal costs for abatement or injunctions, shall be assessed on
the property from which the rubbish, trash, weeds, accumulations or dilapidated
structures are removed, abated or enjoined. The city or town may record the assessment
in the county recorder's office in the county in which the property is located, including
the date and amount of the assessment, the legal description of the property and the name
of the city or town imposing the assessment. Any assessment recorded after July 15, 1996
is prior and superior to all other liens, obligations, mortgages or other encumbrances,
except liens for general taxes. A sale of the property to satisfy an assessment obtained
under the provisions of this section shall be made upon judgment of foreclosure and order
of sale. A city or town shall have the right to bring an action to enforce the
assessment in the superior court in the county in which the property is located at any
time after the recording of the assessment, but failure to enforce the assessment by such
action shall not affect its validity. The recorded assessment shall be prima facie
evidence of the truth of all matters recited in the assessment and of the regularity of
all proceedings prior to the recording of the assessment.
E. Assessments that are imposed under subsection D of this section run against the
property until paid and are due and payable in equal annual installments as follows:
1. Assessments of less than five hundred dollars shall be paid within one year
after the assessment is recorded.
2. Assessments of five hundred dollars or more but less than one thousand dollars
shall be paid within two years after the assessment is recorded.
3. Assessments of one thousand dollars or more but less than five thousand dollars
shall be paid within three years after the assessment is recorded.
4. Assessments of five thousand dollars or more but less than ten thousand dollars
shall be paid within six years after the assessment is recorded.
5. Assessments of ten thousand dollars or more shall be paid within ten years after
the assessment is recorded.
F. An assessment that is past due accrues interest at the rate prescribed by
section 44-1201.
G. A prior assessment for the purposes provided in this section shall not be a bar
to a subsequent assessment or assessments for these purposes, and any number of
assessments on the same lot or tract of land may be enforced in the same action.
H. This section applies to all cities and towns organized and operating under the
general law of this state, and cities and towns organized and operating under a special
act or charter.
I. For purposes of this section:
1. "Property" includes buildings, grounds, lots and tracts of land.
2. "Structures" includes buildings, improvements and other structures that are
constructed or placed on land.
9-500.01 Arson investigators; duties; powers; limitation
A. The governing body of a city or town may provide by ordinance that certain
members of a fire department designated by such city or town are arson
investigators. Such ordinance shall provide that the primary duty of arson investigators
is the investigation, detection and apprehension of persons who have violated or are
suspected of violating any provision of title 13, chapter 17.
B. A person appointed pursuant to the provisions of subsection A while engaged in
arson investigation in this state possesses and may exercise law enforcement powers of
peace officers of this state.
C. This section does not grant any powers of peace officers of this state to arson
investigators other than those necessary for the investigation, detection and
apprehension authority under subsection A.
D. Any individual designated as an arson investigator shall have law enforcement
training under the provisions of section 41-1822.
9-500.02 Emergency medical aid; assistance to other public bodies; limitation on liability
A. A city or town or its officers and employees, a private fire or ambulance
company whose services are procured by a city or town or its officers and employees, a
property owner or its officers or employees, a tenant or a licensed health care provider
as defined in section 12-561 or an emergency medical technician certified pursuant to
title 36, chapter 21.1 who performs emergency medical aid, when rendering emergency
medical aid provided by an emergency medical technician, an intermediate emergency
medical technician or a paramedic who is certified by the director of the department of
health services pursuant to section 36-2205, is not liable for civil or other damages to
the recipient of the emergency medical aid as the result of any act or omission in
rendering such aid or as the result of any act or failure to act to provide or arrange
for further medical treatment or care for the sick or injured person. This subsection
does not apply if the person providing emergency medical aid is guilty of gross
negligence or intentional misconduct. The immunity provided for in this subsection does
not extend to an emergency medical technician, an intermediate emergency medical
technician or a paramedic while operating a motor vehicle.
B. A city or town, an employee of a city or town or a licensed health care provider
if requested by a public body to assist at a traffic accident on a public right-of-way or
to render emergency aid at an emergency occurrence outside of the corporate limits of
such city or town is not liable for any civil or other damages as the result of any act
or omission by the city or town or an employee of the city or town at the traffic
accident, rendering emergency care or as the result of any act or failure to act to
provide or arrange for further medical treatment or care for an injured person. This
subsection does not apply if the city or town, an employee of the city or town or a
licensed health care provider, while providing assistance at such a traffic accident,
rendering such emergency care or acting or failing to act to provide such further medical
treatment or care, is guilty of gross negligence.
C. This section does not abrogate the right of an employee who is injured while
performing services as provided in subsection A of this section to recover benefits for
which the employee may be eligible under title 23, chapter 6 from the city or town.
D. This section does not limit a plaintiff's right to recover civil damages from
any applicable uninsured motorist coverage or underinsured motorist coverage.
E. This section does not apply to services provided in an emergency room.
F. This section applies to all actions brought under sections 46-455 and 46-456,
regardless of whether the action is brought by the recipient of the emergency medical aid
or by some other authorized person, organization or governmental entity. 9-500.03 Maintenance and protection of parks; park rangers
A. A city or town may appoint park rangers.
B. A park ranger may be empowered to issue citations for violations of ordinances
and park rules and regulations.
C. Nothing in this section shall be construed to grant park rangers other powers or
benefits to which peace officers are entitled.
9-500.04 Air quality control; definitions
A. The governing body of a city or town in area A or B as defined in section 49-541
shall:
1. If the city has a population exceeding fifty thousand persons according to the
1995 special census, adjust the work hours of at least eighty-five per cent of municipal
employees each year beginning October 1 and ending April 1 in order to reduce the level
of carbon monoxide concentrations caused by vehicular travel.
2. In area A, in consultation with the designated metropolitan planning
organization, synchronize traffic control signals on all existing and new roadways,
within and across jurisdictional boundaries, which have a traffic flow exceeding fifteen
thousand motor vehicles per day.
3. In area A, beginning on January 1, 2000, develop and implement plans to
stabilize targeted unpaved roads, alleys and unpaved shoulders on targeted
arterials. The plans shall address the performance goals, the criteria for targeting the
roads, alleys and shoulders, a schedule for implementation, funding options and reporting
requirements.
4. In area A acquire or utilize vacuum systems or other dust removal technology to
reduce the particulates attributable to conventional crack sealing operations as existing
equipment is retired.
5. In area B synchronize traffic control signals on all roadways which have a
traffic flow exceeding fifteen thousand motor vehicles per day.
B. The governing body of a city or town in area B, as defined in section 49-541,
may make and enforce ordinances to reduce or encourage the reduction of the commuter use
of motor vehicles by employees of the city or town and employees whose place of
employment is within the city or town.
C. Except as provided in subsection F of this section, the governing body of a city
or town in area A, as defined in section 49-541, in a county with a population of more
than one million two hundred thousand persons according to the most recent United States
decennial census shall develop and implement a vehicle fleet plan for the purpose of
encouraging and progressively increasing the use of alternative fuels and clean burning
fuels in city or town owned vehicles. The plan shall include a timetable for increasing
the use of alternative fuels and clean burning fuels in fleet vehicles either through
purchase or conversion.
D. The timetable shall reflect the following schedule and percentage of vehicles
which operate on alternative fuels and clean burning fuels:
1. At least eighteen per cent of the total fleet by December 31, 1995.
2. At least twenty-five per cent of the total fleet by December 31, 1996.
3. At least fifty per cent of the total fleet by December 31, 1998.
4. At least seventy-five per cent of the total fleet by December 31, 2000 and each
year thereafter.
E. The requirements of subsections C and D of this section may be waived on receipt
of evidence acceptable to the city or town council that the city or town is unable to
acquire or be provided equipment or refueling facilities necessary to operate vehicles
using alternative fuels or clean burning fuels at a projected cost that is reasonably
expected to result in net costs of no greater than ten per cent more than the net costs
associated with the continued use of conventional gasoline or diesel fuels measured over
the expected useful life of the equipment or facilities supplied. Applications for
waivers shall be filed with the department of environmental quality pursuant to section
49-412. An entity that receives a waiver pursuant to this section shall retrofit fleet
heavy-duty diesel vehicles with a gross vehicle weight of eight thousand five hundred
pounds or more, that were manufactured in or before model year 1993 and that are the
subject of the waiver with a technology that is effective at reducing particulate
emissions at least twenty-five per cent or more and that has been approved by the United
States environmental protection agency pursuant to the urban bus engine retrofit/rebuild
program. The entity shall comply with the implementation schedule pursuant to section
49-555.
F. The plan prescribed by subsection C of this section shall include provisions for
the use of alternative fuels and clean burning fuels in the bus fleet operated by that
city or town or a regional public transportation authority, except that all newly
purchased buses shall use alternative fuel or clean burning fuel. The bus fleet shall
comply with the timetable prescribed by subsection D of this section, except that the
requirements of subsections C and D of this section may be waived on receipt of
certification supported by evidence acceptable to the department of environmental quality
that the city or town is unable to acquire or be provided equipment or refueling
facilities necessary to operate vehicles using alternative fuels or clean burning fuels
at a projected cost that is reasonably expected to result in net costs of no greater than
twenty per cent more than the net costs associated with the continued use of conventional
gasoline or diesel fuels measured over the expected useful life of the equipment or
facilities supplied.
G. For the purpose of this section, "alternative fuel" and "clean burning fuel"
have the same meaning prescribed in section 1-215.
9-500.05 Development agreements; public safety; definitions
A. A municipality, by resolution or ordinance, may enter into development
agreements relating to property in the municipality and to property located outside the
incorporated area of the municipality. If the development agreement relates to property
located outside the incorporated area of the municipality, the development agreement does
not become operative unless annexation proceedings to annex the property to the
municipality are completed within the period of time specified by the development
agreement or any extension of such time.
B. A development agreement shall be consistent with the municipality's general plan
or specific plan, if any, as defined in section 9-461, applicable to the property on the
date the development agreement is executed.
C. A development agreement may be amended, or cancelled in whole or in part, by
mutual consent of the parties to the development agreement or by their successors in
interest or assigns.
D. No later than ten days after a municipality enters into a development agreement,
the municipality shall record a copy of the agreement with the county recorder of the
county in which the property subject to the development agreement is located, and the
recordation constitutes notice of the development agreement to all persons. The burdens
of the development agreement are binding on, and the benefits of the development
agreement inure to, the parties to the agreement and to all their successors in interest
and assigns.
E. Section 32-2181 does not apply to development agreements under this section.
F. Notwithstanding any other law, a municipality may provide by resolution or
ordinance for public safety purposes, and with the written consent of an owner of
property that has been granted a development agreement pursuant to this section, an owner
of a protected development right pursuant to chapter 11 of this title or the owner of any
other residential or commercial development subject to the supervision of a municipality
pursuant to this title, for the application and enforcement of speed limits, vehicle
weight restrictions or other safety measures on a private road that is located in any
development in the municipality and that is open to and used by the public. A
municipality may require payment from the property owner of the actual cost of signs for
speed limits or other restrictions applicable on the private road, before their
installation.
G. Notwithstanding section 19-142, subsection B, a decision by the governing body
involving a development agreement may not be enacted as an emergency measure and that
decision is not effective for at least thirty days after final approval of the
development agreement.
H. In this section, unless the context otherwise requires:
1. "Development agreement" means an agreement between a municipality and a
community facilities district pursuant to section 48-709, a landowner or any other person
having an interest in real property that may specify or otherwise relate to any of the
following:
(a) The duration of the development agreement.
(b) The permitted uses of property subject to the development agreement.
(c) The density and intensity of uses and the maximum height and size of proposed
buildings within such property.
(d) Provisions for reservation or dedication of land for public purposes and
provisions to protect environmentally sensitive lands.
(e) Provisions for preservation and restoration of historic structures.
(f) The phasing or time of construction or development on property subject to the
development agreement.
(g) Conditions, terms, restrictions and requirements for public infrastructure and
the financing of public infrastructure and subsequent reimbursements over time.
(h) Conditions, terms, restrictions and requirements for annexation of property by
the municipality and the phasing or timing of annexation of property by the municipality.
(i) Conditions, terms, restrictions and requirements of deannexation of property
from one municipality to another municipality and the phasing or timing of deannexation
of property from one municipality to another municipality.
(j) Conditions, terms, restrictions and requirements relating to the governing
body's intent to form a special taxing district pursuant to title 48.
(k) Any other matters relating to the development of the property.
2. "Governing body" means the body or board which by law is constituted as the
legislative body of the municipality.
3. "Municipality" means an incorporated city or town. 9-500.06 Hospitality industry; discrimination prohibited; use of tax proceeds; exemption; definitions
A. A city or town shall not discriminate against hospitality industry businesses in
the collection of fees. For purposes of this subsection "discriminate" means any
increase of fees on hospitality industry businesses by any dollar amount on or after
April 1, 1990 without a corresponding equal dollar amount of increase in the privilege
license fees or other fees imposed on all other businesses in the city or town. For
purposes of this subsection "fees on hospitality industry businesses" means annual liquor
license taxes or fees or annual renewal or reissuance fees for municipal business
privilege licenses, however denominated.
B. On or after April 1, 1990, if a city or town establishes a discriminatory
transaction privilege tax or increases its existing discriminatory transaction privilege
tax on hospitality industry businesses greater than any increase imposed on other types
of businesses in the city or town, the proceeds of the established discriminatory
transaction privilege tax, except as provided in subsection D, and the proceeds of any
increase above the existing discriminatory transaction privilege tax shall be used
exclusively by the city or town for the promotion of tourism. For the purposes of this
section a tax which is in effect on April 1, 1990 and is subsequently renewed by a
majority of qualified electors voting at an election to approve the renewal is not
considered a tax increase.
C. For purposes of subsection B, expenditures by a city or town for the promotion
of tourism include:
1. Direct expenditures by the city or town to promote tourism, including but not
limited to sporting events or cultural exhibits.
2. Contracts between the city or town and nonprofit organizations or associations
for the promotion of tourism by the nonprofit organization or association.
3. Expenditures by the city or town to develop, improve or operate tourism related
attractions or facilities or to assist in the planning and promotion of such attractions
and facilities.
D. If a city or town has not imposed a discriminatory transaction privilege tax up
to a two per cent tax level on hospitality industry businesses as of April 1, 1990 and
thereafter imposes or increases such a discriminatory transaction privilege tax, the
first two percentage rate portion of the discriminatory transaction privilege tax is not
subject to the provisions of subsection B.
E. The provisions of this section do not apply to cities or towns with populations
of one hundred thousand persons or less according to the most recent United States
decennial census.
F. For purposes of this section:
1. "Discriminatory transaction privilege tax" means any transaction privilege tax
rate imposed by a city or town on hospitality industry businesses which is above the
transaction privilege tax rate imposed by a city or town equally on all businesses
subject to a transaction privilege tax.
2. "Hospitality industry businesses" means:
(a) A restaurant, bar, hotel, motel, liquor store, grocery store, convenience store
or recreational vehicle park.
(b) A motor vehicle rental agency in a county stadium district which has imposed
the car rental surcharge pursuant to section 48-4234.
9-500.07 Recycling and waste reduction
A city or town shall provide its residents with an opportunity to engage in
recycling and waste reduction.
9-500.08 Enforcement of water conservation plumbing requirements
A. The governing body of a city or town may designate an appropriate official to
enforce all or a portion of title 45, chapter 1, article 12, relating to water
conservation plumbing requirements. If a city or town designates an official pursuant to
this subsection, it shall notify the department of water resources, in writing, of its
intent to do so. An election under this subsection divests the department of water
resources of jurisdiction to enforce those provisions, except that the department may
enforce those provisions against any person who manufactures or distributes to a
wholesaler or retailer any plumbing fixture for use in this state.
B. The city or town may retain the revenues from all civil penalties and
assessments collected by the city or town under this section and title 45, chapter 1,
article 12 as reimbursement for the costs of past enforcement actions and to fund future
enforcement efforts.
9-500.09 Fair housing
The governing body of a city or town with a population of three hundred fifty
thousand or more persons according to the 1990 United States decennial census may adopt a
fair housing ordinance not later than January 1, 1995.
9-500.11 Expenditures for economic development; requirements; definitions
(L05, Ch. 200, sec. 1)
A. In addition to any other powers granted to a city or town, the governing body of
a city or town may appropriate and spend public monies for and in connection with
economic development activities.
B. To fund economic development activities under this section, a city or town
subject to the requirements of section 9-500.06 shall not impose a new fee or tax on a
single specific industry or type of business.
C. Notwithstanding section 19-142, subsection B, a decision by the governing body
involving an expenditure pursuant to this section shall not be enacted as an emergency
measure and that decision is not effective for at least thirty days after final approval
of the expenditure.
D. Before entering into a retail development tax incentive agreement, a city or
town shall make a finding by a simple majority vote of the governing body without the use
of consent calendar that includes both of the following:
1. That the proposed tax incentive is anticipated to raise more revenue than the
amount of the incentive within the duration of the agreement.
2. That in the absence of a tax incentive, the retail business facility or similar
retail business facility would not locate in the city or town in the same time, place or
manner.
E. A city or town located in or within twenty-five miles of the exterior boundary
of a metropolitan statistical area having a population of more than two million persons
shall make a finding pursuant to subsection D of this section, by a two-thirds vote of
the governing body.
F. A city or town shall not enter into a retail tax incentive agreement if the
proposed tax incentive raises less revenue than the amount of the incentive.
G. A city or town shall present a status report of the revenues and expenses
associated with the tax incentive every two years for the duration of the agreement in a
public meeting.
H. The finding made pursuant to subsection D, paragraph 1 of this section shall be
verified by an independent third party before the city or town enters into the retail
development incentive agreement.
I. The adoption of the retail development tax incentive agreement shall be approved
by a simple majority vote of the governing body without the use of consent calendar. For
a city or town located in or within twenty-five miles of the exterior boundary of a
metropolitan statistical area having a population of more than two million persons, the
adoption of a retail development tax incentive agreement shall be approved by an
affirmative vote of at least two-thirds of the governing body without the use of consent
calendar.
J. A person or business entity receiving the retail development tax incentive
agreement shall not finance the independent third party verification of the findings or
have input into the selection of the independent third party verifying the findings.
K. A city or town shall adopt a notice of intent to enter into a retail development
tax incentive agreement at least fourteen days before approving a retail development tax
incentive agreement.
L. Subsection D of this section does not apply to tax incentives given to a
business entity in an area that is designated by a city or town as a redevelopment
project as defined in section 36-1471.
M. For the purposes of this section:
1. "Economic development activities" means any project, assistance, undertaking,
program or study, whether within or outside the boundaries of the city or town, including
acquisition, improvement, redevelopment, leasing or conveyance of improved or unimproved
real or personal property or other activity, that the governing body of the city or town
has found and determined will assist in the creation or retention of jobs or will
otherwise improve or enhance the economic welfare of the inhabitants of the city or town.
2. "Expenditure" includes any waiver, exemption, deduction, credit, rebate,
discount, deferral or other abatement or reduction of the normal municipal tax liability
that otherwise applies to similar existing business entities and properties in that city
or town, however denominated, computed or applied, and that is generally understood as an
inducement to locate a business facility or other operation in the city or town.
3. "Metropolitan statistical area" means a geographical area consisting of cities,
towns and other populated areas defined for federal statistical and census purposes by
the United States office of management and budget with technical assistance from the
United States bureau of the census.
4. "Retail" means the sale of tangible personal property, except the sale of
tangible personal property to a person who is engaged in the business of selling such
property.
5. "Retail development activities" means those economic development activities that
involve the acquisition, improvement, leasing or conveyance of improved or unimproved
real or personal property or other activity to facilitate the sale of goods at retail,
including the sale of automobiles, or to facilitate other activities, including theater
and restaurant development, that generate revenues that are subject to municipal
transaction privilege taxation.
6. "Retail development tax incentive agreement" means an agreement between a city
or town and a person engaged in or planning to engage in retail development activities
within that city or town in which the city or town agrees to pay, refund, credit, rebate
or otherwise provide to that person all or a portion of the sales, use or transaction
privilege taxes payable to that city or town in connection with the construction,
development or operation of the retail development activities. 9-500.11 Expenditures for economic development; definitions
(L05, Ch. 105, sec. 2)
A. In addition to any other powers granted to a city or town, the governing body of
a city or town may appropriate and spend public monies for and in connection with
economic development activities.
B. To fund economic development activities under this section, a city or town
subject to the requirements of section 9-500.06 shall not impose a new fee or tax on a
single specific industry or type of business.
C. Notwithstanding section 19-142, subsection B, a decision by the governing body
involving an expenditure pursuant to this section may not be enacted as an emergency
measure and that decision is not effective for at least thirty days after final approval
of the expenditure.
D. For the purposes of this section:
1. "Economic development activities" means any project, assistance, undertaking,
program or study, whether within or outside the boundaries of the city or town, including
acquisition, improvement, leasing or conveyance of real or personal property or other
activity, that the governing body of the city or town has found and determined will
assist in the creation or retention of jobs or will otherwise improve or enhance the
economic welfare of the inhabitants of the city or town.
2. "Expenditure" includes any waiver, exemption, deduction, credit, rebate,
discount, deferral or other abatement or reduction of the normal municipal tax liability
that otherwise applies to similar existing business entities and properties in that city
or town, however denominated, computed or applied, and that is generally understood as an
inducement to locate a business facility or other operation in the city or town. 9-500.12 Appeals of municipal actions; dedication or exaction; excessive reduction in property value; burden of proof; attorney fees
A. Notwithstanding any other provision of this chapter, a property owner may appeal
the following actions relating to the owner's property by a city or town, or an
administrative agency or official of a city or town, in the manner prescribed by this
section:
1. The requirement by a city or town of a dedication or exaction as a condition of
granting approval for the use, improvement or development of real property. This section
does not apply to a dedication or exaction required in a legislative act by the governing
body of a city or town that does not give discretion to the administrative agency or
official to determine the nature or extent of the dedication or exaction.
2. The adoption or amendment of a zoning regulation by a city or town that creates
a taking of property in violation of section 9-500.13.
B. The city or town shall notify the property owner that the property owner has the
right to appeal the city's or town's action pursuant to this section and shall provide a
description of the appeal procedure. The city or town shall not request the property
owner to waive the right of appeal or trial de novo at any time during the consideration
of the property owner's request.
C. The appeal shall be in writing and filed with or mailed to a hearing officer
designated by the city or town within thirty days after the final action is taken. The
municipality shall submit a takings impact report to the hearing officer. No fee shall be
charged for filing the appeal.
D. After receipt of an appeal, the hearing officer shall schedule a time for the
appeal to be heard not later than thirty days after receipt. The property owner shall be
given at least ten days' notice of the time when the appeal will be heard unless the
property owner agrees to a shorter time period.
E. In all proceedings under this section the city or town has the burden to
establish that there is an essential nexus between the dedication or exaction and a
legitimate governmental interest and that the proposed dedication, exaction or zoning
regulation is roughly proportional to the impact of the proposed use, improvement or
development or, in the case of a zoning regulation, that the zoning regulation does not
create a taking of property in violation of section 9-500.13. If more than a single
parcel is involved this requirement applies to the entire property.
F. The hearing officer shall decide the appeal within five working days after the
appeal is heard. If the city or town does not meet its burden under subsection E of this
section, the hearing officer shall:
1. Modify or delete the requirement of the dedication or exaction appealed under
subsection A, paragraph 1 of this section.
2. In the case of a zoning regulation appealed under subsection A, paragraph 2 of
this section, the hearing officer shall transmit a recommendation to the governing body
of the city or town.
G. If the hearing officer modifies or affirms the requirement of the dedication,
exaction or zoning regulation, a property owner aggrieved by a decision of the hearing
officer may file, at any time within thirty days after the hearing officer has rendered a
decision, a complaint for a trial de novo in the superior court on the facts and the law
regarding the issues of the condition or requirement of the dedication, exaction or
zoning regulation. In accordance with the standards for granting preliminary injunctions,
the court may exercise any legal or equitable interim remedies that will permit the
property owner to proceed with the use, enjoyment and development of the real property
but that will not render moot any decision upholding the dedication, exaction or zoning
regulation.
H. All matters presented to the superior court pursuant to this section have
preference on the court calendar on the same basis as condemnation matters, and the court
shall further have the authority to award reasonable attorney fees incurred in the appeal
and trial pursuant to this section to the prevailing party. The court may further award
damages that are deemed appropriate to compensate the property owner for direct and
actual delay damages on a finding that the city or town acted in bad faith.
9-500.13 Compliance with court decisions
A city or town or an agency or instrumentality of a city or town shall comply with
the United States supreme court cases of Dolan v. City of Tigard , _____ U.S. _____
(1994), Nollan v. California Coastal Commission , 483 U.S. 825 (1987), Lucas v. South
Carolina Coastal Council , _____ U.S. _____ (1992), and First English Evangelical Lutheran
Church v. County of Los Angeles , 482 U.S. 304 (1987), and ARIZONA and federal appellate
court decisions that are binding on ARIZONA cities and towns interpreting or applying
those cases.
9-500.14 Use of city or town resources or employees to influence elections; prohibition
A. A city or town shall not use its personnel, equipment, materials, buildings or
other resources for the purpose of influencing the outcomes of
elections. Notwithstanding this section, a city or town may distribute informational
reports on a proposed bond election as provided in section 35-454. Nothing in this
section precludes a city or town from reporting on official actions of the governing
body.
B. Employees of a city or town shall not use the authority of their positions to
influence the vote or political activities of any subordinate employee.
C. Nothing contained in this section shall be construed as denying the civil and
political liberties of any employee as guaranteed by the United States and ARIZONA
Constitutions.
9-500.15 Referral of public transportation questions to voters
By resolution, the governing body of a city or town, including a charter city, may
voluntarily refer an advisory question relating to public transportation to a vote of the
qualified electors of the city or town at a special or general election.
9-500.16 Clean burning fireplaceordinance
A. By December 31, 1998, a city or town that is located in area a as defined in
section 49-541 shall adopt, implement and enforce an ordinance that complies with the
clean burning fireplace standards adopted by the metropolitan planning organization that
is responsible for air quality planning in area A. The ordinance shall prohibit the
installation or construction of a fireplace or wood stove unless it is one of the
following:
1. A fireplace that has a permanently installed gas or electric log insert.
2. A fireplace, a wood stove or any other solid fuel burning appliance that is any
of the following:
(a) Certified by the United States environmental protection agency as in compliance
with 40 Code of Federal Regulations part 60, subpart AAA in effect on July 1, 1990.
(b) A wood stove tested and listed by a nationally recognized testing agency to
meet performance standards equivalent to those in 40 Code of Federal Regulations part 60,
subpart AAA in effect on July 1, 1990.
(c) Determined by the county air quality control officer to meet performance
standards equivalent to those in 40 Code of Federal Regulations part 60, subpart AAA in
effect on July 1, 1990.
3. A fireplace that has a permanently installed wood stove insert that complies
with paragraph 2, subdivision (a), (b) or (c) of this section.
B. The ordinance shall prohibit the subsequent conversion or alteration of a
permitted fireplace or wood stove to a nonpermitted use.
C. The ordinance may provide for exemptions from regulation for heating or
industrial equipment, cooking devices and outdoor fireplaces.
9-500.17 Acceleration agreements; loan repayment agreements
A. Pursuant to section 28-7677, a city or town may enter into agreements with the
department of transportation for the acceleration of right-of-way acquisition, design or
construction of an eligible project as defined in section 28-7671 and may advance monies
to the department of transportation pursuant to those agreements.
B. A loan repayment agreement as defined in section 28-7671 entered into by a city
or town may be paid from and may be secured by a pledge of highway user revenues received
by the city or town from this state pursuant to title 28, chapter 18, article 2 and
section 42-6107. The pledge may be on a parity with any pledge previously or hereafter
made by the city or town pursuant to section 48-690. If a city or town pledges those
highway user revenues to a loan repayment agreement, the principal and interest
requirements on the loan repayment agreement may be treated as if they were principal and
interest on bonds issued under title 48, chapter 4, article 4 for all purposes of
sections 48-689 and 48-691.
9-500.18 School district construction fees;prohibition
Notwithstanding any other law, a city or town shall not assess or collect any fees
or costs from a school district or charter school for fees pursuant to section 9-463.05.
This prohibition does not include fees assessed or collected for streets and water and
sewer utility functions.
9-500.19 Vehicle refueling apparatus
Notwithstanding any other law and because the legislature finds it is a matter of
statewide concern, a city or town shall not effectively prohibit the installation or use
of a vehicle refueling apparatus as defined in section 43-1086.01. This section does not
preclude a city or town from ensuring the proper installation of a vehicle refueling
apparatus to protect public health and safety.
9-500.20 Outside emergency services; costs
A city or town may provide or assist in providing emergency fire or emergency
medical services outside of its corporate limits, if those services are otherwise
unavailable or are provided at the request of any law enforcement agency, fire district,
fire department or private person, and may receive reimbursement for the costs of
providing the emergency services. The person receiving the services, or on whose behalf
the services are provided, is liable to the city or town for the costs, and these costs
constitute a debt of that person and may be collected by the city or town. In this
section the costs of providing emergency fire or medical services are those costs set
forth in resolutions adopted by a city or town establishing fee schedules for emergency
response, standby charges, fees for fire cause determination or any other fee that may be
required or appropriate to provide emergency fire and medical services outside of its
corporate limits.
9-500.21 Civil enforcement of municipal ordinances A CITY OR TOWN THAT CLASSIFIES ORDINANCE VIOLATIONS AS CIVIL OFFENSES SHALL ESTABLISH PROCEDURES TO HEAR AND DETERMINE THESE VIOLATIONS THAT MAY INCLUDE: 1. FILING OF A COMPLAINT BEFORE A HEARING OFFICER. THE CITY OR TOWN MAGISTRATE MAY SERVE AS A HEARING OFFICER OR THE CITY OR TOWN MAY APPOINT A SEPARATE HEARING OFFICER. 2. TIMELY NOTICE OF THE CITATION TO THE VIOLATOR. IF THE CITY OR TOWN IS UNABLE TO PERSONALLY SERVE THE NOTICE, THE NOTICE MAY BE SERVED IN THE SAME MANNER PRESCRIBED FOR ALTERNATIVE METHODS OF SERVICE BY THE ARIZONA RULES OF CIVIL PROCEDURE OR BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED. 3. PROCEDURES FOR THE HEARING, RECORD ON APPEAL, DEFAULT BY A DEFENDANT AND RULES OF EVIDENCE THAT GENERALLY COMPLY WITH THOSE FOR CIVIL TRAFFIC OFFENSES. 4. IMPOSITION OF A CIVIL PENALTY. AT THE CONCLUSION OF THE HEARING, THE HEARING OFFICER SHALL DETERMINE WHETHER A VIOLATION EXISTS AND, IF SO, MAY IMPOSE CIVIL PENALTIES OF UP TO THE MAXIMUM AMOUNT SPECIFIED IN SECTION 9-240 FOR ORDINANCE VIOLATIONS FOR EACH DAY A VIOLATION EXISTS BEYOND THE INITIAL NOTICE CONSTITUTING A SEPARATE OFFENSE. THE HEARING OFFICER MAY ALSO ORDER ABATEMENT OF THE VIOLATION PURSUANT TO SECTION 9-499. 5. A PROVISION THAT IF THE VIOLATOR DOES NOT COMPLY WITH A CIVIL ENFORCEMENT ACTION, THE CITY OR TOWN MAY FILE A CRIMINAL CHARGE. A CIVIL ENFORCEMENT ACTION IS NOT A PREREQUISITE TO THE FILING OF A CRIMINAL CHARGE. 6. JUDICIAL REVIEW OF THE FINAL DECISIONS OF THE HEARING OFFICER PURSUANT TO SECTION 12-124. 9-500.22 Prosecution diversion programs
A. The chief prosecuting officer of a city or town may establish a diversion
program that provides for the dismissal of a criminal complaint on successful completion
of the program's requirements. Diversion shall not be available to persons accused of a
crime involving the discharge, use or threatening exhibition of a deadly weapon or
dangerous instrument.
B. The prosecutor has sole discretion to decide whether to divert prosecution of an
offender when the diversion occurs before a guilty plea or trial. The diversion program
may be structured to require a guilty plea before entry into the program.
9-500.23 Authority to provide fire protection and emergency services outside corporate limits In addition to the powers provided by section 9-500.20 if approved by a municipal resolution, a city or a town may provide fire and emergency medical services outside its corporate limits to a county island as provided by section 11-251.12. 9-500.24 Federal patent easements; city and town abandonment
A city or town, by its own motion or at the request of a property owner, may abandon
a federal patent easement established by the small tract act of 1938 that the city or
town determines, after notifying and obtaining the consent of all affected utilities, is
not being used by the public or is no longer necessary in the same manner as other
easements are abandoned.
9-500.25 Work centers; aliens; prohibition
A city or town shall not construct or maintain a work center if any part of the
center is to facilitate the knowing employment of an alien who is not entitled to lawful
residence in the United States. 9-500 Authority for providing for tax deferredannuity and deferred compensation plans for employees
A. The governing body of a city or town may provide through ordinance or resolution
a plan or plans for their employees which provide tax deferred annuity and deferred
compensation plans as authorized pursuant to title 26, United States Code Annotated.
B. Such plans shall be established to allow voluntary participation by all
employees of a city or town.
C. Participating employees shall authorize the city or town to make reductions in
their remuneration as provided in an executed deferred compensation agreement.
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