Assigned to ED AS
PASSED BY COMMITTEE
Assigned to ED AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
zoning regulations; private schools
Purpose
Prohibits counties and municipalities from adopting land use regulations or imposing conditions for building or use permits on nongovernmental primary or secondary schools that are not enforced or imposed on charter schools.
Background
Statute authorizes municipalities and counties to regulate the use of buildings, structures and land within its jurisdiction by ordinance to conserve and promote the public health, safety and general welfare (A.R.S. §§ 9-462.01 and 11-811).
Statute classifies charter schools the same as district schools for zoning and the assessment of zoning fees, site plan fees and development fees, including any required hearings or applications. Counties and municipalities must allow the establishment and operation of a charter school at a location or facility where the zoning regulations cannot legally prohibit district schools, except zoning regulations may prohibit a charter school from operating on a property less than an acre in size and that is located within an existing single-family residence zoning district. Counties and municipalities are also required to ensure that hearings and administrative reviews involving charter schools are scheduled and conducted on an expedited basis. Charter schools must receive a final determination within 30 days after the beginning of processes only requiring an administrative review and within 90 days after the beginning of processes requiring a public hearing (A.R.S. § 15-189.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits counties and municipalities from:
a) adopting a land use regulation that places requirements on a nongovernmental primary or secondary school that are not placed on a charter school; and
b) imposing any condition for the issuance of a building or use permit or other approval on a nongovernmental primary or secondary school that would not be imposed on a charter school in the same or similar location.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Replaces the term private school with nongovernmental primary or secondary school.
House Action Senate Action
LIA 2/7/18 DPA 4-2-0-1 ED 3/1/18 DPA 4-3-0
3rd Read 2/15/18 34-23-3
Prepared by Senate Research
March 2, 2018
BL/lb