You will find that this complex subject is comprehensible through a logical outline format - an outline that has grown in depth year by year since publishing the first edition 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! Chapters Include:
Background of Zoning: based on police power, based on health, safety, morals or general welfare, for aesthetic purposes, legislative vs. administrative action, deed restrictions and 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 protests, 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, estoppels and refusal to issue permits.
Zoning Adjustments: board of adjustment proceedings, variances, interpretation of zoning regulations, nature of action to review and remedies available, trail 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!
Land Use Words & Phrases -- This is a list of terms and concepts that are discussed in court opinions. following each word or phrase is an abbreviated citation to each opinion in which the word or phrase is discussed.