2.4. POWER DERIVATIVE FROM STATE.

• Jurisdiction: Arizona

2.4. Power derivative from state.

Municipalities and counties have no greater powers relating to land use regulation than those delegated to them by the constitution and general laws of the state.

2.4.1. Municipalities.

Folsom Invs., Inc. v. City of Scottsdale, 620 F. Supp. 1372 (D. Ariz. 1985)

City of Tucson v. Whiteco Metrocom, Inc., 194 Ariz. 390, 983 P.2d 759 (App. 1999) (the power to enact zoning ordinances derives exclusively from the state; the city does not have vested rights in its zoning powers, and the state can reduce or condition those powers)

Whiteco Outdoor Advertising Co. v. City of Tucson, 193 Ariz. 314, 972 P.2d 647 (App. 1998) (ordinance precluding bottom-mounted lighting of outdoor signs held not to be an exercise of zoning power but an exercise of police powers authorized by city charter)

City of Glendale v. Aldabbagh, 189 Ariz. 140, 939 P.2d 418 (1997)

Jachimek v. Superior Court, 169 Ariz. 317, 819 P.2d 487 (1991) (cities must strictly comply with the statute delegating them the authority to act; any attempt to exercise the zoning authority without complying with the statutory conditions is void; the authority of cities to adopt "overlay zones" is limited to the powers granted in A.R.S. § 9-462.01(A)(8)-(11)). But see A.R.S. § 9-462.01(D) (in 1992...