PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2620
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 15-189.01, Arizona Revised Statutes, is amended to read:
15-189.01. Charter schools; zoning; development fees
A. Charter schools shall be classified the same as public schools that are operated by a school district for the purposes of zoning and the assessment of zoning fees, site plan fees and development fees, including any required hearings or applications. Municipalities and counties shall allow a charter school to be established and operate at a location or in a facility for which the zoning regulations of the county or municipality cannot legally prohibit schools operated by school districts, except that a county or municipality may adopt zoning regulations that prohibit a charter school from operating on property that is less than an acre in size and that is located within an existing single family residence zoning district.
B. Except as provided in subsection D of this section, a charter school is subject to the same level of oversight and the same rules, hearing requirements, application requirements, ordinances, limitations and other requirements, if any, that would be applied to and enforced against a school that is operated by a school district. A municipality or county shall not enforce, or attempt to enforce, any ordinance, procedure or process against a charter school that cannot be legally enforced against a school district. Voluntary compliance of by a school district in with the zoning regulations of a municipality or a county does not result in the application of those zoning regulations to a charter school.
C. The construction and development of the charter school facility shall be subject to the building codes, including life and safety building codes, of the municipality, county or state in which the charter school facility is located.
D. Municipalities and counties shall adopt procedures to ensure that hearings and administrative reviews involving charter schools are scheduled and conducted on an expedited basis and that charter schools receive a final determination from the municipality or county within thirty days after the beginning of processes requiring only an administrative review and within ninety days after the beginning of processes requiring a public hearing and allowing an appeal to a board of adjustment, city or town governing body or board of supervisors.
E. Except as provided in subsection subsections F, h and i of this section, no political subdivision of this state may enact or interpret any law, rule or ordinance in a manner that conflicts with this section.
F. Notwithstanding subsections A and B of this section, a charter school shall not be established or operated on commercial or residential property in an age restricted community that is located in unorganized territory.
G. A charter school may authorize a third party to apply to a municipality or county as the representative of that charter school for any application or action prescribed in subsections A through D of this section.
h. NOTWITHSTANDING SUBSECTIONS A, B, AND C OF THIS SECTION A MUNICIPALITY OR COUNTY MAY:
1. PROHIBIT THE OPERATION OF A CHARTER SCHOOL WITHIN THE 65 OR HIGHER DECIBEL NOISE CONTOUR OF A PUBLIC AIRPORT.
2. REQUIRE A CHARTER SCHOOL OPERATOR WITHIN THE 60 DECIBEL NOISE CONTOUR DEPICTED ON THE MAP REQUIRED BY SECTION 28-8486 TO SIGN AN AIRCRAFT NOISE DISCLOSURE STATEMENT AND AN AVIGATION EASEMENT AND WAIVER.
I. NOTWITHSTANDING SUBSECTIONS A, B AND C OF THIS SECTION, A CHARTER SCHOOL FACILITY IN EXCESS OF A MAXIMUM STRUCTURED HEIGHT OF 40 FEET WITHIN THE TERRITORY IN THE VICINITY OF A PUBLIC AIRPORT AS DEPICTED ON THE MAP REQUIRED BY SECTION 28-8486 MUST RECEIVE APPROVAL FROM THE MUNICIPALITY OR COUNTY."