Arizona Arizona Revised Statutes

§ 9-463.06 — Standards for enactment of moratorium; land development; limitations; definitions

ARS § 9-463.06Title 9. Cities and Towns · Ch. 4. GENERAL POWERS · Art. 6.2. Municipal Subdivision Regulations

Statute text

9-463.06. Standards for enactment of moratorium; land development; limitations; definitions A. A city or town shall not adopt a moratorium on construction or land development unless it first: 1. Provides notice to the public published once in a newspaper of general circulation in the community at least thirty days before a final public hearing to be held to consider the adoption of the moratorium. 2. Makes written findings justifying the need for the moratorium in the manner provided for in this section. 3. Holds a public hearing on the adoption of the moratorium and the findings that support the moratorium. B. For urban or urbanizable land, a moratorium may be justified by demonstration of a need to prevent a shortage of essential public facilities that would otherwise occur during the effective period of the moratorium. This demonstration shall be based on reasonably available information and shall include at least the following findings: 1. A showing of the extent of need beyond the estimated capacity of existing essential public facilities expected to result from new land development, including identification of any essential public facilities currently operating beyond capacity and the portion of this capacity already committed to development, or in the case of water resources, a showing that, in an active management area, an assured water supply cannot be provided or, outside an active management area, a sufficient water supply cannot be provided, to the new land development, including identification of current water resources and the portion already committed to development. 2. That the moratorium is reasonably limited to those areas of the city or town where a shortage of essential public facilities would otherwise occur and on property that has not received development approvals based upon the sufficiency of existing essential public facilities. 3. That the housing and economic development needs of the area affected have been accommodated as much as possible in any program for allocating any remaining essential public facility capacity. C. A moratorium not based on a shortage of essential public facilities under subsection B of this section may be justified only by a demonstration of compelling need for other public facilities, including police and fire facilities. This demonstration shall be based on reasonably available information and shall include at least the following findings: 1. For urban or urbanizable land:

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