In this chapter, unless the context otherwise requires:

Terms Used In Arizona Laws 9-1201

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

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.