State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2503: building code exemptions; public notice

PRIME SPONSOR: Representative Barton, LD 6

BILL STATUS: Land, Agriculture & Rural Affairs

 

Legend: Commission – County Planning and Zoning Commission BOS – board of supervisors Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to agricultural land use changes.

Provisions

1.       Directs the BOS to create a process for the Commission to notify adjacent property owners and other potentially affected citizens on receipt of:

a.       a request for an exemption of agricultural property primarily used for agricultural purposes, to produce trees or is a golf course (A.R.S. § 41-12002); or

b.       an application to change the agricultural use. (Sec. 1)

2.       Requires a property owner to apply to the Commission to change the agricultural land use on all or part of the property used primarily for agricultural purposes, to produce trees or is a golf course (A.R.S. § 41-12002). (Sec. 1)

3.       Specifies the notification process must be written and provide an opportunity for adjacent property owners and other potentially affected citizens to express issues or concerns. (Sec. 1)

4.       Requires the Commission to hold a public hearing if requested.

a.       Reasonable notice must be given to adjacent property owners and potentially affected citizens. (Sec. 1)

5.       Instructs the Commission to consider whether the exemption or change in agricultural use would conserve and promote the public health, safety, convenience and general welfare when deciding to grant or deny the application. (Sec. 1)

6.       Makes technical changes. (Sec. 1)

Current Law

The BOS may adopt and enforce a building code and other related codes to regulate the quality, type of material and workmanship of all aspects of construction of buildings or structures. The BOS may exempt areas zoned rural or unclassified from the building code's provisions (A.R.S. § 11-861). The following activities are exempt from the building code requirements: 1) construction and repair to district irrigation and drainage ditches; 2) farming, dairying, agriculture, viticulture, horticulture; 3) stock or poultry raising; and 4) clearing or other work on land in rural areas for fire prevention purposes (A.R.S. § 11-865).

 

 

 

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Fifty-third Legislature                  HB 2503

Second Regular Session                               Version 1: Land, Agriculture & Rural Affairs

 

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