If you're concerned about zoning issues, encroaching development, and the character of your community, you need this book! Arizona's body of land use statutes, rules, and case law continues to grow. Keeping track of new developments is difficult even for practitioners who focus primarily on land use issues. For the average attorney whose clients include commercial and retail businesses, churches, schools, farmers and ranchers, residential property owners, and small parcel developers, it's almost impossible to keep up.
You'll find that this complex subject is made comprehensible through a logical outline format - an outline that has grown in depth year by year since the first edition was published in 1988. Each point of law is followed by citations from the applicable statutes and cases decided by Arizona's courts, the Ninth Circuit Court of Appeals, and the United States Supreme Court. The format and depth, coupled with a no-frills, direct and to-the-point writing style, make Arizona Land Use Law an invaluable tool for all professionals engaged in land use and urban planning decisions!
Background of Zoning: based on police power; based on health, safety, morals or general welfare; for aesthetic purposes; legislative vs. administrative action; deed restrictions; community character.
Authority to Zone: statutory provisions; interim, annexation, and conditional zoning; initiative and referendum; and more!· General and Specific Plans: statutory provisions; adoption of plans; consistency; amendment of plan concurrent with rezoning; judicial review.
Adoption and Amendment of Zoning Ordinances: notice; hearings; planning commission recommendation; written protest; super-majority vote; amendments to application; and more!
Construction of Zoning Regulations: question of law; favoring property owners; administrative interpretation; legislative intent; fair and sensible meaning; plain and obvious meaning; omitted and excluded terms; and more
Regulation of Specific Uses and Subjects: adult businesses; age-related zoning; airports; family; fences; group homes; growth management; historical districts; open spaces/conservation easements; sanitary landfills; signs; and more!
Nonconforming Uses: theory; establishment of use; expansion of use; abandonment; elimination of nonconforming use; and more!
Vested Rights: subdivision plats; estoppel; refusal to issue permits.
Zoning Adjustments: board of adjustment proceedings; variances; interpretation of zoning regulations; review of decisions of the board of adjustments; and more!
Judicial Review of Zoning Ordinances and Decisions: validity of regulations; nature of action to review and remedies available; trial practice; defenses; exhaustion of remedies; ripeness; attorneys' fees; and more!
Subdivision Regulation: by state; by counties; by municipalities.
Development Fees, Exactions, and Agreements: construction of streets in advance of development; development agreements; and more!
State Urban Lands and Self-Contained Communities Act: selection and classification of state lands; planning and development of urban lands; planning and development of self-contained communities; and more!
Plus . . . Table of Authorities and Land Use Words & Phrases