Watanabe v. City of Phoenix
In Watanabe v. City of Phoenix, 140 Ariz 575; 683 P2d 1177 (1984), nonconforming property owners challenged the imposition of a city ordinance requiring them to pave their gravel parking lots.
Five of the appellants operated roadside stands that sold items raised on their farms.
Adjacent to each stand was a graveled parking area. The other appellant operated a yard where it manufactured precast concrete products.
The yard was graveled. It was conceded that these uses were nonconforming. Id. at 576.
The Watanabe court rejected appellants' argument "that the city may not enforce any zoning ordinance which affects their existing nonconforming property." Id. at 577.
The court concluded that the ordinance, which was intended to control for dust, was a reasonable exercise of the city's police power authority to regulate to protect the public health, safety, and welfare. Id. at 578.