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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Cities and Towns
Chapter : PROTECTED DEVELOPMENT RIGHTS
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9-1201 Definitions
In this chapter, unless the context otherwise requires:
1. "Landowner" means any owner of a legal or equitable interest in real property,
including the heirs, devisees, successors, assigns and personal representative of the
owner, or a representative authorized by a landowner to submit to a city or town a
development application for a property for approval.
2. "Property" means all real property subject to zoning regulations and
restrictions by a city or town.
3. "Protected development right" means the right to undertake and complete the
development and use of property under the terms and conditions of a protected development
right plan and this article, without compliance with subsequent changes in zoning
regulations and development standards, except as provided by section 9-1204.
4. "Protected development right plan" means a plan submitted by a landowner to a
city or town, that, if approved by the legislative body of the city or town and if
identified as a protected development right plan at the time it is submitted, grants the
landowner, for a specified period of time, a protected development right to undertake and
complete the development as shown on the plan. The protected development right plan
shall be submitted to a city or town for site development approval. A protected
development right plan for a phased development shall be in the form of a plan for a
master planned development which may include a planned unit development, planned
community development or district, planned residential development or district or planned
area development or district if such land use category or district is recognized and
provided for in the zoning ordinance of the city or town. A protected development right
plan for a nonphased development must provide the final site development approval needed
for issuance of a building permit.
9-1202 Protected development right; establishment; plan requirements; variance
A. A city or town may provide by ordinance or resolution the requirements for a
development to be a phased development. If a city or town does not adopt an ordinance or
resolution that includes the requirements for a development to be a phased development, a
plan submitted as a protected development right plan may be identified as a plan for a
phased development at the time the plan is submitted.
B. A protected development right plan, at a minimum, shall describe with a
reasonable degree of certainty all of the following:
1. The proposed uses of the site.
2. The boundaries of the site.
3. Significant topographical and other natural features affecting development of
the site.
4. For other than a phased development, the general location on the site of the
proposed buildings, structures and other improvements.
5. The number of dwelling units and, for other than a phased development, the
square footage and height of the proposed buildings and other structures.
6. The location of all existing and proposed utilities and a provision for other
infrastructure on the site, including water, sewers, roads and pedestrian walkways.
C. Nothing in this section is intended to or shall preclude a city or town from
establishing additional requirements for submittal or approval of development plans for
any land use category or district and such requirements may include traffic reports or
studies, drainage reports or studies, master street plans, development phasing schedules
and phased public infrastructure schedules. A city or town shall require submission of a
more detailed plan for each phase of a phased development in order to obtain final site
development approval to develop the property.
D. A final subdivision plat that meets the requirements of subsection B, and
section 9-463.01 shall be a protected development right plan.
E. A protected development right is established only for the specific elements of
the development or other specific matters shown on the approved protected development
right plan. A protected development right is not established for any elements or other
matters, or portions of any elements of the development or other matters not shown on the
approved protected development right plan.
F. The legislative body of a city or town may designate by ordinance or resolution
a development plan that is not identified as a protected development right plan at the
time it is submitted as a protected development right plan upon a finding by such
legislative body that granting a protected development right to undertake and complete
the development shown on the plan will promote reasonable certainty, stability and
fairness in the land use planning and regulatory process and secure the reasonable
investment backed expectations of the landowner.
G. A protected development right shall be deemed established with respect to a
property on the effective date of a valid approval of a protected development right
plan. The protected development right confers on the landowner the right to undertake
and complete the development and use of the property under the terms and conditions of
the protected development right plan and this article.
H. A city or town shall not require a landowner to waive a protected development
right as a condition of development approval.
I. A protected development right is subject to the terms and conditions imposed by
the city or town on the protected development right plan approval and nothing in this
section is intended to or shall preclude a city or town from establishing such terms and
conditions.
J. A protected development right plan approved with a condition or stipulation that
a variance be obtained does not confer a protected development right until the necessary
variance is obtained. Approval of a protected development right plan does not guarantee
approval of a variance.
9-1203 Duration of a protected development right; termination
A. A protected development right established under a protected development right
plan is valid for three years for a nonphased development or five years for a phased
development.
B. A city or town may extend for a maximum of two additional years the duration of
a protected development right obtained through approval of a protected development right
plan, if a longer time period is warranted by all relevant circumstances, including the
size, type and phasing of the development on the property, the level of investment of the
landowner, economic cycles and market conditions. The decision to extend the time period
for a protected development right is in the discretion of the city or town. However, a
protected development right shall not remain established for more than five years for a
nonphased development or seven years for a phased development.
C. After the approval of a protected development right plan, the plan may be
subject to subsequent reviews and approvals by the city or town to ensure compliance with
the terms and conditions of the original approval if these reviews and approvals are not
inconsistent with the original approval. The city or town may revoke its approval of the
protected development right plan for failure to comply with applicable terms and
conditions imposed on the approval.
D. A protected development right terminates at the end of the applicable period
established under this section. If a building permit has been issued before the date of
termination of a protected development right, the protected development right remains
valid until the building permit expires, but in no event for longer than one year. On
expiration, only principal structures for which footings or foundations have been
completed may be finished under the protected development right. On the expiration of a
protected development right, development may continue based on a valid building permit
and according to standards in effect at that time. An unexpired building permit issued
for a property with a protected development right neither expires nor shall be revoked
merely because a protected development right expires under the time limitations specified
in this section.
9-1204 Subsequent changes prohibited; exceptions
A. A protected development right established under this section precludes the
enforcement against the property to which the protected development right applies of any
legislative or administrative land use regulation by a city or town or pursuant to an
initiated measure that would change, alter, impair, prevent, diminish, delay or otherwise
impact the development or use of the property as set forth in an approved protected
development right plan, except under any one or more of the following circumstances:
1. With the written consent of the affected landowner.
2. On findings, by ordinance or resolution, and after notice and a public hearing,
that natural or man-made hazards on or in the immediate vicinity of the property, if
uncorrected, would pose a serious threat to the public health, safety and welfare if the
project were to proceed as approved in the protected development right plan.
3. On findings, by ordinance or resolution, and after notice and a hearing, that
the landowner or his representative intentionally supplied inaccurate information or made
material misrepresentations that made a difference in the approval of the protected
development right plan by the city or town.
4. On the enactment of a state or federal law or regulation that precludes
development as approved in the protected development right plan, in which case the
governing body of the city or town, after notice and a hearing, may modify the affected
provisions, on a finding that the change in state or federal law has a fundamental effect
on the protected development right plan.
B. A protected development right does not preclude the enforcement of a
subsequently adopted overlay zoning classification that imposes additional requirements
and that does not affect the allowable type or density of use, or ordinances or
regulations that are general in nature and that are applicable to all property subject to
land use regulation by the city or town, such as building, fire, plumbing, electrical and
mechanical codes.
C. Notwithstanding any other provision of this article, the establishment of a
protected development right does not preclude, change or impair the authority of a city
or town to adopt and enforce zoning ordinance provisions governing nonconforming property
or uses.
D. This article does not alter or diminish the authority of a city or town to
exercise its eminent domain powers.
9-1205 Protected development right; exercise; agreements
A. A protected development right obtained under this chapter is not a personal
right but attaches to and runs with the applicable property. After approval of a
protected development right plan, all successors to the original landowner are entitled
to exercise the protected development rights.
B. Nothing in this article precludes judicial determination, based on common law
principles or statutory provisions, that a vested right exists in a particular case or
that a compensable taking has occurred. Except as expressly provided in this chapter,
nothing in this chapter shall be construed to alter the existing common law of vested
rights.
C. Nothing in this article shall preclude, change or limit the ability of a city or
town to enter into a development agreement under section 9-500.05.
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