12.2. ZONING EXACTIONS.

• Jurisdiction: Arizona

12.2. Zoning exactions.

12.2.1. Authority of municipalities and counties.

A.R.S. § 9-462.01(A)(7) authorizes a municipality to require as a condition of rezoning public dedication of rights-of-way as streets, alleys, public ways, drainage, and public utilities as are reasonably required by or related to the effect of the rezoning. This standard mirrors judicial tests for reviewing development exactions. Conditions imposed under the authority of A.R.S. § 9-462.01(A)(7) now probably must satisfy the Nollan "essential nexus" test and the Dolan "rough proportionality" test established by the United States Supreme Court.

Counties have implied authority to require zoning exactions under A.R.S. § 11-832, which establishes a process to appeal "[t]he requirement by a county of a dedication or exaction as a condition of granting approval for the use, improvement or development of real property."

Koontz v. St. John River Water Management Dist., 570 U.S. 595, 133 S. Ct. 2586, 186 L. Ed. 2d 697...