Assigned to ED AS
PASSED BY COW
Assigned to ED AS
PASSED BY COW
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
AMENDED
zoning regulations; private schools
Purpose
Prohibits counties and municipalities from requiring the property on which a nongovernmental primary or secondary school operates to be larger than one acre.
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 adopting or enforcing a land use regulation that requires the property on which a nongovernmental primary or secondary school operates to be larger than one acre.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Replaces the term private school with nongovernmental primary or secondary school.
Amendments Adopted by Committee of the Whole
1. Committee amendment was withdrawn.
2. Prohibits municipalities and counties from requiring the property on which a nongovernmental primary or secondary school operates to be larger than one acre, rather than prohibiting regulations on private schools that are not also placed on charter schools.
House Action Senate Action
LIA 2/07/18 DPA 4-2-0-1 ED 3/01/18 DPA 4-3-0
3rd Read 2/15/18 34-23-3
Prepared by Senate Research
March 19, 2018
BL/lb