Arizona § 9-1204 - Subsequent changes prohibited; exceptions

§ 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.