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A.R.S. § 41-1493.03

Free exercise of religion; land use regulation

Applied in 1 court decision — leading case Centro Familiar Cristiano Buenas Nuevas v. City of Yuma (2011)

Most recently applied in Centro Familiar Cristiano Buenas Nuevas v. City of Yuma (July 2011)

A. Government shall not impose or implement a land use regulation in a manner that imposes an unreasonable burden on a person's exercise of religion, regardless of a compelling governmental interest, unless the government demonstrates one of the following:

1. That the person's exercise of religion at a particular location violates religion-neutral zoning standards enacted into the government's laws at the time of the person's application for a permit.

2. That the person's exercise of religion at a particular location would be hazardous due to toxic uses in adjacent properties.

3. The existence of a suitable alternate property the person could use for the exercise of religion.

B. Government shall not impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution, regardless of a compelling governmental interest.

C. Government shall not impose or implement a land use regulation in a manner that discriminates against an assembly or institution on the basis of religion, regardless of a compelling governmental interest.

D. Government shall not impose or implement a land use regulation in a manner that completely excludes a religious assembly or institution from a jurisdiction or unreasonably limits religious assemblies, institutions or structures within a jurisdiction, regardless of a compelling governmental interest.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.