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REFERENCE TITLE: school buildings; airports |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2516 |
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Introduced by Representative Coleman
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AN ACT
amending Title 15, chapter 1, article 5, Arizona Revised Statutes, by adding section 15-153; amending section 15‑189.01, Arizona Revised Statutes; relating to school buildings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 15, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 15-153, to read:
15-153. School buildings near airports; restrictions; exception
A. NOTWITHSTANDING any other law, each municipality and county:
1. SHALL REQUIRE schools that are operated by school districts and that are LOCATED NEAR AN AIRPORT tO WHICH 14 CODE OF FEDERAL REGULATIONS PART 77 APPLIes TO SHOW THAT A DETERMINATION OF NO HAZARD HAS BEEN ISSUED BY THE FEDERAL AVIATION ADMINISTRATION AS PART OF THE LIFE AND SAFETY BUILDING CODES PERMITTING PROCESS.
2. MAY ENACT AND ENFORCE ZONING AND LAND USE REGULATIONS THAT PROHIBIT schools that are operated by school districts FROM LOCATING WITHIN AN AIRPORT'S PUBLISHED sixty DAY-NIGHT AVERAGE DECIBEL LEVEL CONTOUR AREA, OR A COMPARABLE AIRPORT ESTABLISHED ZONE.
B. THIS SECTION DOES NOT APPLY TO A SCHOOL that is operated by a school district and THAT EXISTS WITHIN THE TERRITORY IN THE VICINITY OF A PUBLIC AIRPORT AS DEPICTED ON THE MAP REQUIRED BY SECTION 28-8486 AS OF JANUARY 1, 2015, uNLESS THe SCHOOL district or school SEEKS TO BUILD A STRUCTURE that is HIGHER THAN THat school's CURRENT FACILITY.
Sec. 2. Section 15-189.01, Arizona Revised Statutes, is amended to read:
15-189.01. Charter schools; zoning; development fees
A. Charter schools shall be classified the same as public schools that are operated by a school district for the purposes of zoning and the assessment of zoning fees, site plan fees and development fees, including any required hearings or applications. Municipalities and counties shall allow a charter school to be established and operate at a location or in a facility for which the zoning regulations of the county or municipality cannot legally prohibit schools operated by school districts, except that a county or municipality may adopt zoning regulations that prohibit a charter school from operating on property that is less than an acre in size and that is located within an existing single family residence zoning district.
B. Except as provided in subsection D of this section, a charter school is subject to the same level of oversight and the same rules, hearing requirements, application requirements, ordinances, limitations and other requirements, if any, that would be applied to and enforced against a school that is operated by a school district. A municipality or county shall not enforce, or attempt to enforce, any ordinance, procedure or process against a charter school that cannot be legally enforced against a school district. Voluntary compliance of by a school district in with the zoning regulations of a municipality or a county does not result in the application of those zoning regulations to a charter school.
C. The construction and development of the charter school facility shall be subject to the building codes, including life and safety building codes, of the municipality, county or state in which the charter school facility is located.
D. Municipalities and counties shall adopt procedures to ensure that hearings and administrative reviews involving charter schools are scheduled and conducted on an expedited basis and that charter schools receive a final determination from the municipality or county within thirty days after the beginning of processes requiring only an administrative review and within ninety days after the beginning of processes requiring a public hearing and allowing an appeal to a board of adjustment, city or town governing body or board of supervisors.
E. Except as provided in subsection subsections F, H and I of this section, no a political subdivision of this state may not enact or interpret any law, rule or ordinance in a manner that conflicts with this section.
F. Notwithstanding subsections A and B of this section, a charter school shall not be established or operated on commercial or residential property in an age restricted community that is located in unorganized territory.
G. A charter school may authorize a third party to apply to a municipality or county as the representative of that charter school for any application or action prescribed in subsections A through D of this section.
H. NOTWITHSTANDING any other provision of this section, each municipality and county:
1. SHALL REQUIRE charter schools that are LOCATED NEAR AN AIRPORT tO which 14 CODE OF FEDERAL REGULATIONS PART 77 APPLIes TO SHOW THAT A DETERMINATION OF NO HAZARD HAS BEEN ISSUED BY THE FEDERAL AVIATION ADMINISTRATION AS PART OF THE LIFE AND SAFETY BUILDING CODES PERMITTING PROCESS.
2. MAY ENACT AND ENFORCE ZONING AND LAND USE REGULATIONS THAT PROHIBIT charter schools FROM LOCATING WITHIN AN AIRPORT'S PUBLISHED sixty DAY-NIGHT AVERAGE DECIBEL LEVEL CONTOUR AREA, OR A COMPARABLE AIRPORT ESTABLISHED ZONE.
I. THIS SECTION DOES NOT APPLY TO A CHARTER SCHOOL THAT EXISTS WITHIN THE TERRITORY IN THE VICINITY OF A PUBLIC AIRPORT AS DEPICTED ON THE MAP REQUIRED BY SECTION 28-8486 AS OF JANUARY 1, 2015, uNLESS THat charter SCHOOL SEEKS TO BUILD A STRUCTURE that is HIGHER THAN THE charter school's CURRENT FACILITY.