Arizona Laws 11-1204. 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 county or pursuant to an initiated measure that would change, alter, impair, prevent, diminish, delay or otherwise impact the development or use of the property as set forth in an approved protected development right plan, except under any one or more of the following circumstances:
Terms Used In Arizona Laws 11-1204
- Landowner: means any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and personal representative of the owner, or a representative authorized by a landowner to submit to a county a development application for a property for approval. See Arizona Laws 11-1201
- Property: means all real property subject to zoning regulations and restrictions by a county. See Arizona Laws 11-1201
- Protected development right: means the right to undertake and complete the development and use of property under the terms and conditions of a protected development right plan established pursuant to this article, without compliance with subsequent changes in zoning regulations and development standards, except as provided by section 11-1204. See Arizona Laws 11-1201
- Protected development right plan: means a plan submitted by a landowner to a county, which, if approved by the board of supervisors of the county and if identified as a protected development right plan at the time it is submitted, grants the landowner, for a specified period of time, a protected development right to undertake and complete the development as shown on the plan. See Arizona Laws 11-1201
1. With the written consent of the affected landowner.
2. On findings, by ordinance or resolution and after notice and a public hearing, that natural or man-made hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as approved in the protected development right plan.
3. On findings, by ordinance or resolution and after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations that made a difference in the approval of the protected development right plan by the county.
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 county, 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 county, 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 county to adopt and enforce zoning ordinance provisions governing nonconforming property or uses.
D. This article does not alter or diminish the authority of a county to exercise its eminent domain powers.