TAKINGS AND EXACTIONS APPEAL PROCEDURE
Tucson Unified Development Code § 3.9.3
in effect3.9.3. TAKINGS AND EXACTIONS APPEAL PROCEDURE
Appeals to final discretionary decisions that require a dedication or an exaction as a condition for granting a development
Development
Any human alteration to the state of land, including its vegetation, soil, geology, or hydrology, for any residential, commercial, industrial, utility, or other use, such as, but not limited to, clearing, grubbing, or grading of land, and structural improvements, e.g., buildings, walls, fences, signs, and vehicular use areas.
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 violation
Violation
Any improvements that are constructed or any use established on a property without zoning compliance or any improvements under construction that are not in compliance with plans approved for zoning or other City code compliance are considered a violation of this chapter. The Planning and Development Services Department (PDSD) shall enforce compliance with this chapter by suspending construction or through other available means until compliance is achieved.
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 City
City
Same as City of Tucson.
decision;
b. Where a final discretionary administrative decision has been made by the PDSD Director
Director
The chief executive officer of a City department.
, 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 development
Development
Any human alteration to the state of land, including its vegetation, soil, geology, or hydrology, for any residential, commercial, industrial, utility, or other use, such as, but not limited to, clearing, grubbing, or grading of land, and structural improvements, e.g., buildings, walls, fences, signs, and vehicular use areas.
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 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
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 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
before the appeal is heard.
2. The Zoning Examiner shall schedule a public hearing on the appeal to be held no later than 30 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
after receipt of the appeal.
D. Statement of City
City
Same as City of Tucson.
Authority
In all proceedings under this section, the City
City
Same as City of Tucson.
shall provide the Zoning Examiner with a statement of the City
City
Same as City of Tucson.
’s authority to require the dedication or exaction or to adopt or amend the zoning regulation. The City
City
Same as City of Tucson.
has the burden to establish in its statement of authority the nexus between the dedication or exaction and a legitimate governmental
Governmental
Any agency or department of the federal, state, county, or City government.
interest, and that the proposed dedication, exaction or zoning regulation is roughly proportional to the impact of the proposed use, improvement or development
Development
Any human alteration to the state of land, including its vegetation, soil, geology, or hydrology, for any residential, commercial, industrial, utility, or other use, such as, but not limited to, clearing, grubbing, or grading of land, and structural improvements, e.g., buildings, walls, fences, signs, and vehicular use areas.
or, in the case of a zoning regulation, that the zoning regulation does not create a taking of property in violation
Violation
Any improvements that are constructed or any use established on a property without zoning compliance or any improvements under construction that are not in compliance with plans approved for zoning or other City code compliance are considered a violation of this chapter. The Planning and Development Services Department (PDSD) shall enforce compliance with this chapter by suspending construction or through other available means until compliance is achieved.
of the Fifth Amendment to the United States Constitution.
E. Zoning Examiner’s Decision
The Zoning Examiner shall decide the appeal within five days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
after the appeal is heard. If the City
City
Same as City of Tucson.
has met its burden set forth in subsection D above, the appeal shall be denied. If the City
City
Same as City of Tucson.
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 days
Days
Days of the week, including Saturdays, Sundays, and holidays. To apply days to a review schedule, the day of the event or act from which the designated period of time begins shall not be included. The last day of the designated period shall be included, unless it is a Saturday, Sunday, or holiday, in which event the period runs to the end of the next day that is not a Saturday, Sunday, or holiday. When a designated period of time is less than ten days, intermediate Saturdays, Sundays, and holidays shall not be included. Holidays are those recognized by the City of Tucson.
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.
Source: City of Tucson, Tucson Code (Charter and General Ordinances) and Unified Development Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/tucson/latest/tucson_az_udc/0-0-0-1511Fetched: 10/28/2026