2.5. PREEMPTION BY THE STATE.

JurisdictionArizona

2.5. Preemption by the state.

The state has preempted the field of zoning; municipalities and counties are bound by the terms of state legislation.

Aegis of Arizona, L.L.C. v. The Town of Marana, 206 Ariz. 557, 81 P.3d 1016 (App. 2003) (because cities and towns derive their zoning power from the state enabling act, their local zoning ordinances must comply and be consistent with that act)

2.5.1. Preemption found.

Levitz v. State, 126 Ariz. 203, 613 P.2d 1259 (1980) (signs)

City of Scottsdale v. Scottsdale Associated Merchants, Inc., 120 Ariz. 4, 583 P.2d 891 (1978) (signs)

City of Scottsdale v. State of Arizona, 237 Ariz. 467, 352 P.3d 936 (App. 2015) (sign walkers)

Motel 6 Operating L.P. v. City of Flagstaff, 195 Ariz. 569, 991 P.2d 272 (App. 1999) (city's sign ordinance which prohibited replacing faces of nonconforming on-premise signs conflicts with A.R.S. § 9-462.02(A) which authorizes reasonable repairs and alterations to nonconforming uses and structures), disapproved on other grounds, Stagecoach Trails MHC, L.L.C. v. City of Benson, 231 Ariz. 366, 295...

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