Appeals to final discretionary decisions that require a dedication or an exaction as a condition for granting a
approval and appeals to the adoption or amendment of a zoning regulation on the grounds that the regulation creates an unconstitutional “taking” of private property in
of the Fifth Amendment to the United States Constitution (a “takings appeal”) shall be processed in accordance with this section.
A. Decisions Subject to Appeal
1. A takings appeal may be filed by a property owner as follows:
a. Where the property owner has a legally recognized property interest in the property that is subject to the
decision;
b. Where a final discretionary administrative decision has been made by the PDSD
, Zoning Examiner, or the Mayor and Council to require the dedication of property or the payment of a monetary exaction as a condition for the approval of the
application in a manner that is alleged to constitute a taking of property; or,
c. A zoning regulation has been adopted or amended and is alleged to constitute a taking of property.
2. A takings appeal may not be filed by a property owner regarding the application of fees, assessments, taxes, or any other dedication or exaction required by a legislative act that does not give discretion to the administrative agency or official to determine the nature or extent of the requirement.
B. Filing of Appeal
An appeal must be in writing and filed with or mailed to the Zoning Examiner within 30
after the final action is taken. Final action on a zoning regulation is the effective date of the regulation. No fee is charged for an appeal under this section.
C. Public Hearing
1. Public notice shall be mailed to the appellant and to the parties entitled to notice of the administrative decision at least ten
before the appeal is heard.
2. The Zoning Examiner shall schedule a public hearing on the appeal to be held no later than 30
after receipt of the appeal.
D. Statement of
Authority
In all proceedings under this section, the
shall provide the Zoning Examiner with a statement of the
’s authority to require the dedication or exaction or to adopt or amend the zoning regulation. The
has the burden to establish in its statement of authority the nexus between the dedication or exaction and a legitimate
interest, and that the proposed dedication, exaction or zoning regulation is roughly proportional to the impact of the proposed use, improvement or
or, in the case of a zoning regulation, that the zoning regulation does not create a taking of property in
of the Fifth Amendment to the United States Constitution.
E. Zoning Examiner’s Decision
The Zoning Examiner shall decide the appeal within five
after the appeal is heard. If the
has met its burden set forth in subsection D above, the appeal shall be denied. If the
has failed to meet its burden as set forth in subsection D above, the Zoning Examiner shall:
1. In the case of a dedication or exaction, modify or delete the requirement appealed under this section; or,
2. In the case of a zoning regulation, transmit a recommendation for further action to the Mayor and Council.
F. Appeal of Zoning Examiner’s Decision
At anytime within 30
after the Zoning Examiner renders a decision an individual may file a complaint for trial de novo in the superior court, pursuant to A.R.S. §9-500.12.G.