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House Engrossed
licensing; permitting; criteria; clarity |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HOUSE BILL 2019 |
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An Act
amending title 9, chapter 7, article 4, Arizona Revised Statutes, by adding section 9-843; amending title 11, chapter 11, article 1, Arizona Revised Statutes, by adding section 11-1613; relating to local government regulations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 7, article 4, Arizona Revised Statutes, is amended by adding section 9-843, to read:
9-843. Licensing; permitting; constitutionally protected activities; land use; density; time frames; criteria; clarity
A. Notwithstanding any other law, if a municipality requires a license or permit for any constitutionally protected activity or any activity that changes the use, appearance or density of a structure or land, the municipality shall specify in clear and unambiguous language the criteria for granting the license or permit, unless criteria are established by existing federal law.
B. A municipality shall grant or deny an application submitted for the activities prescribed in subsection a of this section within sixty days after the application is submitted unless another time frame is specified by a municipal ordinance or state or federal law. If the municipality does not take action on the application within the applicable time frame, the application is deemed granted, unless the application is incomplete, the municipality provides notice pursuant to section 9-835 and the applicant fails to complete the application.
C. In a court proceeding involving a denial of a license or permit for any of the activities prescribed in subsection a of this section, the court, without deference to a previous determination made by the municipality, shall determine whether the application approval criteria language is clear and unambiguous.
Sec. 2. Title 11, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 11-1613, to read:
11-1613. Licensing; permitting; constitutionally protected activities; land use; density; time frames; criteria; clarity
A. Notwithstanding any other laW, If a county requires a license or permit for any constitutionally protected activity or any activity that changes the use, appearance or density of a structure or land, the county shall specify in clear and unambiguous LANGUAGE the criteria for granting the license or permit, unless criteria are established by existing federal law.
b. A county shall grant or deny an application submitted for the activities prescribed in subsection a of this section within sixty days after the application is submitted unless another time frame is specified by a county ordinance or state or federal law. If the county does not take action on the application within the applicable time frame, the application is deemed granted, unless the application is incomplete, the county provides notice pursuant to section 11-1605 and the applicant fails to complete the application.
c. In a court proceeding involving a denial of a license or permit for any of the activities prescribed in subsection a of this section, the court, without deference to a previous determination made by the county, shall determine whether the application approval criteria language is clear and unambiguous.