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REFERENCE TITLE: building code exemptions; public notice |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2503 |
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Introduced by Representatives Barton: Mitchell, Payne, Shooter, Senators Borrelli, Griffin
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AN ACT
Amending section 11-865, Arizona Revised Statutes; relating to county planning and zoning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-865, Arizona Revised Statutes, is amended to read:
11-865. Exemptions; exception; public notice and hearing
A. The provisions of This article shall does not be construed to apply to:
1. Construction or operation incidental to construction and repair to irrigation and drainage ditches or appurtenances thereto, of regularly constituted districts or reclamation districts, or to farming, dairying, agriculture, viticulture, horticulture or stock or poultry raising, or clearing or other work upon on land in rural areas for fire prevention purposes.
2. Devices used in manufacturing, processing or fabricating normally considered as involved in industry and construction, operation and maintenance of electric, gas or other public utility systems operated by public service corporations operating under a franchise or certificate of convenience and necessity.
B. Notwithstanding subsection A of this section, the requirements of this article apply to the use or occupation of land or improvements by a person or entity consisting of or including changing, remanufacturing or treating human sewage or sludge for distribution or resale.
C. If an owner of property that is classified as two(R) agricultural property pursuant to section 42‑12002, paragraph 1, subdivision (a), (b) or (d) and that is exempt pursuant to this section desires to change the agricultural use of all or part of the property, the property owner shall apply to the commission to change the agricultural use.
D. If the board receives a request for an exemption pursuant to this section for class two(R) agricultural property as described in section 42-12002, paragraph 1, subdivision (a), (b) or (d) or an application to change the agricultural use is filed pursuant to subsection C of this section, the board shall prescribe a process for the commission to notify adjacent property owners and other potentially affected citizens. The notification process shall meet at least the following requirements:
1. Be written.
2. Provide an opportunity for adjacent property owners and other potentially affected citizens to express any issues or concerns that they may have regarding the exemption or change in agricultural use.
E. After the commission provides notice as prescribed in subsection D of this section, the commission shall hold a public hearing on the application to change the agricultural use or exemption request described in subsection D of this section if a public hearing is requested. Reasonable notice of the time and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected, shall be given to adjacent property owners and potentially affected citizens.
F. When deciding whether to grant or deny the application to change the agricultural use or exemption request described in subsection D of this section, the commission shall consider whether the exemption or change in agricultural use would conserve and promote the public health, safety, convenience and general welfare.