Bill Text: AZ HB2096 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: Cottage homes; construction; requirements; exemptions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-27 - House third reading FAILED voting: (27-31-1-0) [HB2096 Detail]
Download: Arizona-2024-HB2096-Engrossed.html
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House Engrossed
tiny homes; construction; requirements; exemptions |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HOUSE BILL 2096 |
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An Act
amending title 11, chapter 2, article 4, Arizona Revised Statutes, by adding section 11-269.29; amending sections 11-811, 11-812, 11-815, 11-861 and 11-865, Arizona Revised Statutes; relating to building permits.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 11-269.29, to read:
11-269.29. Tiny homes; accessory dwelling units; detached garages; rural land; permits; inspections; exemption; greenhouses; relief; definitions
A. A county shall ensure that its land use requirements, zoning rules, building codes and housing policies maximize the ease of constructing residences on residential rural land and the affordability of residing on residential rural land.
B. Notwithstanding any other law, a county may not require a building permit for constructing one single-family home, one accessory dwelling unit or one detached garage on a lot if all of the following apply:
1. The lot is located on residential rural land.
2. The single-family home and any accessory dwelling unit each have six hundred square feet or less of interior space that does not include loft space and four hundred square feet or less of attached deck, porch or patio space.
3. The single-family home and any accessory dwelling unit are each single-story structures, not including a loft.
4. Any detached garage has four hundred square feet or less of interior space.
5. The single-family home and any accessory dwelling unit or detached garage are on a semi-permanent or permanent foundation.
6. The single-family home and any accessory dwelling unit each have utility connections to an outside utility service or have all of the following:
(a) On-site solar, wind or other electrical generation capacity.
(b) An on-site water storage tank.
(c) An on-site wastewater treatment facility or a system that is compliant with the requirements of section 49-204.
7. The single-family home and any accessory dwelling unit and detached garage are each at least six feet from each other and are either unconnected stand-alone buildings or are connected by a gangway that is at least six feet and not longer than eighteen feet in length.
8. The single-family home and any accessory dwelling unit comply with any county setback requirements that are applicable to residential buildings in the zoning classification of the lot. A zoning requirement may not prohibit constructing a single-family home, accessory dwelling unit or detached garage that are adjacent to each other if they are at least six feet apart.
9. The single-family home and any accessory dwelling unit or detached garage are built pursuant to section 32-1121, subsection A, paragraph 5.
10. The owner constructed the single-family home, accessory dwelling unit or detached garage without the intent to sell or rent the single-family home, accessory dwelling unit or detached garage. Owners are deemed to have constructed the single-family home, accessory dwelling unit or detached garage without the intent to sell or rent if the owner does not sell or rent the single-family home, accessory dwelling unit or detached garage for at least twelve months after construction is complete.
C. Notwithstanding any other law, a county may not require a building inspection or building permit for any single-family home or accessory dwelling unit that is constructed in substantial compliance with this section, unless the county has clear and convincing evidence demonstrating noncompliance with any of the requirements of this section. If a property owner believes the single-family home, accessory dwelling unit or detached garage is in compliance with the requirements of this section and, absent clear and convincing evidence that the property is noncompliant, the county may require that the owner do any of the following:
1. File an affidavit stating the following:
"I swear or affirm under penalty of perjury that the single-family home, accessory dwelling unit or detached garage constructed at (address) was built in substantial conformity with the requirements of section 11-269.29, Arizona Revised Statutes. I swear or affirm under penalty of perjury that the structure was built in substantial conformity with the county's building codes or in a manner that will otherwise ensure that the structure is safe for habitation or use. I understand that no municipality, county or state agency has conducted any inspection of this construction or has evaluated its quality, workmanship or fitness for use or habitation. I accept full responsibility for residing in or making use of this construction. I agree to release and hold harmless all municipalities, counties and state agencies from any liability for any injury or damage caused by this construction, and I waive any such claims I might have against them. I accept full liability for any injury or damage caused by this construction to myself or others and that are a result from negligent or reckless workmanship or construction quality."
2. Submit a self-prepared site plan that lists general information about the site of the planned construction and general information about the materials to be used. The county may not prohibit construction because of any perceived deficiency of the site plan if the site plan shows the geographic outline of the lot where construction is to take place and provides a rough sketch of the planned construction showing the floor plan and the outline and measurements of the planned construction's footprint that are sufficient to show that the structure will fulfill the square foot restrictions of subsection b, paragraph 2 or 4 of this section. The county may not require blueprints of the structure or require that the site plan be prepared by an engineer or other similar professional. The site plan and sketch must be prepared only to the level of detail and quality that would reasonably be expected of a nonprofessional with a high school education.
D. Notwithstanding any other law, a county may not require a building permit or any other type of permit for solar power or wind power equipment that is installed at any single-family home, accessory dwelling unit or detached garage that is constructed pursuant to this section if the single-family home, accessory dwelling unit or detached garage is not connected to an outside utility service.
E. Notwithstanding any other law, a county may not require a wastewater, sewage or gray water permit for any single-family home or accessory dwelling unit that is constructed pursuant to the requirements of this section if the owner attests that the residence or unit is compliant with section 49-204 and will not be connected to an outside utility service.
F. Notwithstanding any other law, a county may not impose on single-family homes, accessory dwelling units or detached garages built in compliance with this section any zoning or construction requirements that are different from those required by this section.
G. Notwithstanding any other law, a county may not require a building permit for a greenhouse built on residential rural land if the greenhouse meets all of the following:
1. Is constructed of light framing materials and methods.
2. Is not more than four hundred square feet in area.
3. Wall heights are not more than eight feet with a maximum roof peak height of eighteen feet.
4. Electrical, plumbing or mechanical systems are only installed if the property is not connected to a public electrical or water utility and if the structures at the property are compliant with section 49-204. If the property is not compliant with section 49-204, only one water line may be installed as a stand-alone standpipe.
H. The county may require that the builder of a single-family home, accessory dwelling unit or detached garage that is constructed pursuant to this section file an affidavit with the county recorder in the county where the single-family home, accessory dwelling unit or detached garage is located that attests that the single-family home, accessory dwelling unit or detached garage is built in compliance with this section.
I. Notwithstanding any other law, a county may not conduct code enforcement or impose penalties against any single-family home, accessory dwelling unit or detached garage that complies with this section but that was constructed before the effective date of this section. The county may require the owner of a single-family home, accessory dwelling unit or detached garage that was constructed before the effective date of this section to comply with the requirements of subsections C and H of this section.
J. If a property owner has submitted an affidavit in conformity with subsection C, paragraph 1 of this section, the county shall presume that the construction referenced in the affidavit is in compliance with this section and the county may not inspect the property or take any enforcement action unless the county has clear and convincing evidence that demonstrates that the single-family home, accessory dwelling unit or detached garage is not in compliance with this section.
K. If a county imposes a penalty on a property owner or takes an enforcement action related to the construction of a single-family home, accessory dwelling unit or detached garage that the property owner believes to be in compliance with this section, the property owner may bring a civil action in a justice court or superior court in the county where the property is located. The property owner may elect a jury or a bench trial. If the trier of fact determines that the construction was in compliance with this section:
1. The county may not impose penalties or enforcement against the property owner.
2. The county shall reimburse the property owner for actual costs incurred by the property owner in defending against the enforcement action or attempted enforcement action, plus $100 per day beginning when enforcement measures were taken until the conclusion of the action. Actual costs include costs related to the property, legal costs and fees and wages and income lost as a result of responding to the county's enforcement actions. The actual costs incurred by the property owner shall be determined by the trier of fact.
L. For the purposes of this section:
1. "Accessory dwelling unit" means a building or structure that is designed for one or more persons who maintain a common household, that includes at least one bathroom and one bedroom and that is located on the same lot as a single-family home.
2. "Detached garage" means a roofed and enclosed structure that is not connected to a house or accessory dwelling unit other than through a gangway, that has a principal purpose of accommodating motor vehicles and tools, that is not climate controlled or used for human habitation and that is located on the same lot as a single-family home.
3. "Gangway" means a completely enclosed above-ground passageway that has a ceiling height of between seven and nine feet and a width of not more than five feet and that connects entrances of separate buildings.
4. "Loft" means a habitable room or space within a single-family house or accessory dwelling unit that is above the main floor, that is open to the main floor on one or more sides, that has a ceiling height of less than six feet, eight inches and that is used as a living or sleeping space.
5. "On-site wastewater treatment facility" has the same meaning prescribed in section 49-201.
6. "Residential rural land" means any property that is in an unincorporated area of a county with a zoning classification that allows for the construction of a private residence, that is at least two acres and that does not directly abut a municipality.
7. "Single-family home" means a building or structure that is designed for one or more persons who maintain a common household and that includes a kitchen and at least one bathroom and one bedroom.
Sec. 2. Section 11-811, Arizona Revised Statutes, is amended to read:
11-811. Zoning ordinance; zoning districts; definitions
A. Pursuant to this article, the board of supervisors may adopt a zoning ordinance in order to conserve and promote the public health, safety, convenience and general welfare. The zoning ordinance and all rezonings and zoning regulations amendments adopted under this article shall be consistent with and conform to the adopted comprehensive plan. In addition to the other matters that are required or authorized under this section and article 1 of this chapter, the zoning ordinance:
1. Shall show the zoning districts designated as appropriate for various classes of residential, business and industrial uses and shall provide for the establishment of setback lines and other plans providing for adequate light, air and parking facilities and for expediting traffic within the districts.
2. May establish the percentage of a lot or parcel that may be covered by buildings and the size of yards, courts and other open spaces.
3. Shall consider access to incident solar energy.
4. May provide for retirement community zoning districts.
5. May provide for the regulation and use of business licenses, adult oriented business manager permits and adult service provider permits in conjunction with the establishment or operation of adult oriented businesses and facilities, including adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments and nude model studios. With respect to cabarets, the ordinance shall not conflict with specific statutory or valid regulatory requirements applicable to persons licensed to dispense alcoholic beverages, but the ordinance may include regulation of the age and conduct of erotic entertainers in a manner at least as restrictive as rules adopted under title 4. Notwithstanding section 11-812, a county in regulating or licensing businesses and facilities pursuant to this paragraph may impose reasonable operating requirements that affect the existing uses of businesses and facilities.
6. Shall designate and zone appropriate areas of reasonable size in which there may be established with reasonable permanency canneries, fertilizer plants, refineries, commercial feedlots, meat packing plants, tallow works and other like businesses. A dairy operation, including areas designated for the raising of replacement heifers or bulls owned by the same dairy operation, is not subject to this paragraph, and is a general agricultural purpose under subsection D, paragraph 2 of this section and section 11-812, subsection A, paragraph 2. A replacement heifer or bull raising operation of a dairy that is not on contiguous property of the dairy is subject to this paragraph unless the operation begins within one-quarter mile of the dairy.
7. May not impose any penalties beyond the provisions of section 11-269.29 for single-family homes, accessory dwelling units or detached garages that are constructed in compliance with the requirements of section 11-269.29.
B. To carry out the purposes of this article, the board may adopt overlay zoning districts and regulations applicable to particular buildings, structures and land within individual zones. For the purposes of this subsection, "overlay zoning district" means a special zoning district that includes regulations that modify regulations in another zoning district with which the overlay zoning district is combined. Overlay zoning districts and regulations shall be adopted pursuant to section 11-813. The provisions of overlay zoning shall apply retroactively to authorize overlay zoning districts and regulations adopted before April 20, 1993.
C. In accordance with article II, sections 1 and 2, Constitution of Arizona, the board shall consider the individual property rights and personal liberties of the residents of the county before adopting any zoning ordinance.
D. This section does not authorize:
1. The imposition of dedications, exactions, fees or other requirements that are not otherwise authorized by law.
2. The regulation or restriction of the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres. For the purposes of this paragraph, general agricultural purposes do not include the cultivation of cannabis as defined in section 13-3401 or marijuana as defined in section 13-3401 or 36-2801.
E. For the purposes of this section:
1. "Adult arcade" means any place to which the public is permitted allowed or invited and in which coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing image-producing devices are maintained to show images involving specific sexual activities or specific anatomical areas to persons in booths or viewing rooms.
2. "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one of its principal business purposes:
(a) Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or reproductions or slides or other visual representations that depict or describe specific sexual activities or specific anatomical areas.
(b) Instruments, devices or paraphernalia that are designed for use in connection with specific sexual activities.
3. "Adult live entertainment establishment" means an establishment that features either:
(a) Persons who appear in a state of nudity.
(b) Live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
4. "Adult motion picture theater" means a commercial establishment in which for any form of consideration films, motion pictures, videocassettes, slides or other similar photographic reproductions that are characterized by the depiction or description of specific sexual activities or specific anatomical areas are predominantly shown.
5. "Adult oriented business" means adult arcades, adult bookstores or video stores, cabarets, adult live entertainment establishments, adult motion picture theaters, adult theaters, massage establishments that offer adult service or nude model studios.
6. "Adult oriented business manager" means a person on the premises of an adult oriented business who is authorized to exercise overall operational control of the business.
7. "Adult service" means dancing, serving food or beverages, modeling, posing, wrestling, singing, reading, talking, listening or other performances or activities conducted for any consideration in an adult oriented business by a person who is nude or seminude during all or part of the time that the person is providing the service.
8. "Adult service provider" or "erotic entertainer" means any natural person who provides an adult service.
9. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment that predominantly features persons who appear in a state of nudity or who engage in live performances that are characterized by the exposure of specific anatomical areas or specific sexual activities.
10. "Cabaret" means an adult oriented business licensed to provide alcoholic beverages pursuant to title 4, chapter 2, article 1.
11. "Discernibly turgid state" means the state of being visibly swollen, bloated, inflated or distended.
12. "Massage establishment" means an establishment in which a person, firm, association or corporation engages in or permits massage activities, including any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. This paragraph does not apply to:
(a) Persons who are licensed pursuant to title 32, chapter 7, 8, 13, 14 or 17.
(b) Registered nurses, licensed practical nurses or technicians who are acting under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17.
(c) Registered nurse practitioners who are licensed pursuant to title 32, chapter 15.
(d) Persons who are employed or acting as trainers for a bona fide amateur, semiprofessional or professional athlete or athletic team.
(e) Persons who are licensed pursuant to title 32, chapter 3 or 5 if the activity is limited to the head, face or neck.
13. "Nude model studio":
(a) Means a place in which a person who appears in a state of nudity or who displays specific anatomical areas is observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or other consideration. Nude model studio
(b) Does not include a proprietary school that is licensed by this state, a college, community college or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation or a structure to which the following apply:
(a) (i) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing.
(b) (ii) A student must enroll at least three days in advance of a class in order to participate.
(c) (iii) No not more than one nude or seminude model is on the premises at any time.
14. "Nude", "nudity" or "state of nudity" means any of the following:
(a) The appearance of a human anus, genitals or a female breast below a point immediately above the top of the areola.
(b) A state of dress that fails to opaquely cover a human anus, genitals or a female breast below a point immediately above the top of the areola.
15. "Principal business purposes" means that a commercial establishment derives fifty percent or more of its gross income from the sale or rental of items listed in paragraph 2 of this subsection.
16. "Seminude" means a state of dress in which clothing covers no more than the genitals, pubic region and female breast below a point immediately above the top of the areola, as well as portions of the body that are covered by supporting straps or devices.
17. "Specific anatomical areas" means any of the following:
(a) A human anus, genitals, the pubic region or a female breast below a point immediately above the top of the areola that is less than completely and opaquely covered.
(b) Male genitals in a discernibly turgid state even if completely and opaquely covered.
18. "Specific sexual activities" means any of the following:
(a) Human genitals in a state of sexual stimulation or arousal.
(b) Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation or sodomy.
(c) Fondling or other erotic touching of the human genitals, pubic region, buttocks, anus or female breast.
(d) Excretory functions as part of or in connection with any of the activities under subdivision (a), (b) or (c) of this paragraph.
Sec. 3. Section 11-812, Arizona Revised Statutes, is amended to read:
11-812. Restriction on regulation; exceptions; aggregate mining regulation; definitions
A. Nothing contained in Any ordinance authorized by this chapter shall not:
1. Affect existing uses of property or the right to its continued use or the reasonable repair or alteration of the property for the purpose for which used at the time the ordinance affecting the property takes effect.
2. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for railroad, mining, metallurgical, grazing or general agricultural purposes, if the tract concerned is five or more contiguous commercial acres. For the purposes of this paragraph:
(a) "General agricultural purposes" includes agritourism as defined in section 3-111, but does not include any of the following:
(i) Food establishments that are under the authority of the department of health services pursuant to section 36-136, subsection I and that are associated with an agritourism business.
(ii) Rodeo events that are open to the general public and that sell tickets for admission. For the purposes of this item, rodeo events do not include generally accepted agricultural practices associated with livestock and equine operations.
(iii) The cultivation of cannabis as defined in section 13-3401 or marijuana as defined in section 13-3401 or 36-2801.
(b) "Mining" has the same meaning prescribed in section 27-301.
3. Prevent, restrict or otherwise regulate the use or occupation of land or improvements for agricultural composting, if the tract is five or more contiguous commercial acres. An agricultural composting operation shall notify in writing the board of supervisors and the nearest fire department of the location of the composting operation. If the nearest fire department is located in a city, town or fire district where the agricultural composting is not located, the agricultural composting operation shall also notify in writing the fire district in which the operation is located. Agricultural composting is subject to sections 3-112 and 49-141. For the purposes of this paragraph, "agricultural composting" has the same meaning prescribed in section 9-462.01, subsection G.
4. Prevent, restrict or otherwise regulate the otherwise lawful discharge of a firearm or air gun or use of archery equipment on a private lot or parcel of land that is not open to the public on a commercial or membership basis.
5. Prevent, restrict or otherwise regulate the use or occupation of land or improvements on land that conform to section 11-269.29.
B. A nonconforming business use within a district may expand if the expansion does not exceed one hundred per cent percent of the area of the original business.
C. For the purposes of subsection A, paragraph 2 of this section, mining does not include aggregate mining operations in an aggregate mining operations zoning district established pursuant to this section. The board of supervisors of any county with a population of more than two million persons shall designate and establish the boundaries of an aggregate mining operations zoning district on the petition of at least one hundred persons who reside within one-half mile of an existing aggregate mining operation. In addition, the board of supervisors of any county may establish, in its discretion and on the board's initiative, one or more aggregate mining operations zoning districts. Aggregate mining operations zoning districts may only be located in areas that are inventoried and mapped as areas of known reserves or in areas with existing aggregate mining operations. Subject to subsections E and F of this section, a county and the state mine inspector may jointly adopt, as internal administrative regulations, reasonable aggregate mining operations zoning district standards limited to permitted uses, procedures for approval of property development plans and site development standards for dust control, height regulations, setbacks, days and hours of operation, off-street parking, screening, noise, vibration and air pollution control, signs, roadway access lanes, arterial highway protection and property reclamation for which aggregate mining operations are not otherwise subject to federal, state or local regulation or a governmental contractual obligation. Regulations that are jointly adopted pursuant to this subsection by the county and the state mine inspector shall not prohibit the activities included in the definition of mine pursuant to section 27-301, paragraph 8 or duplicate, conflict with or be more stringent than applicable federal, state or local laws.
D. The board of supervisors of any county that establishes an aggregate mining operations zoning district shall appoint an aggregate mining operations recommendation committee for the district. The committee consists of not more than seven operators, or representatives of operators, of active aggregate mining operations in any district within the county and an equal number of private citizens, who are not operators, who are not employed by operators and who do not represent operators, residing within three miles of the boundaries of aggregate mining operations or a proposed aggregate mining operation in the district for which the committee is established. The initial members appointed to the committee shall be deemed the primary members, and the board of supervisors shall appoint not more than five alternate members who represent operators and shall appoint not more than five alternate members who are private citizens. Alternate members may serve at meetings of the committee when a primary member is unable to attend. An aggregate mining operator may serve on more than one committee in the same county. The board of supervisors shall determine the length of terms of members of the committee and shall stagger the initial appointments so that not all members' terms expire at the same time. Members of the committee who no longer qualify for membership as provided by this subsection are subject to removal and replacement by the board of supervisors. The committee shall elect a member who is an aggregate mining operator to serve as chairperson for the first year in which the committee is created. For each year thereafter, the chairperson shall be elected by the members of the committee with a member who is a private citizen and a member who is an aggregate mining operator serving as chairperson in alternate years. The committee is subject to the open meeting requirements of title 38, chapter 3, article 3.1.
E. Within ninety days after an aggregate mining operations recommendation committee is established, the committee shall notify all existing aggregate mining operators in the district of the application of this section and title 27, chapter 3, article 6 to the aggregate mining operation. In addition, the committee shall:
1. By a majority vote of all members make recommendations to the board of supervisors for aggregate mining zoning districts and administrative regulations as provided in this section. The board of supervisors may adopt or reject the recommendations but may not make any modifications to the recommendations unless the modification is approved by a majority of the members of the recommendation committee.
2. Serve as a forum for mediation of disputes between members of the public and aggregate mining owners or operators. If the committee is unable to resolve a dispute, the committee shall transmit the matter to the state mine inspector, with written findings and recommendations, for further action.
3. Hear written complaints filed with the state mine inspector regarding alleged material deviations from approved community notices for aggregate mining operations and make written recommendations to the state mine inspector pursuant to section 27-446.
F. Any administrative regulations adopted by a board of supervisors pursuant to this section are not effective until the regulations are approved by the state mine inspector. The state mine inspector may disapprove the administrative regulations adopted by the board of supervisors only if they duplicate, conflict with or are more stringent than applicable federal, state or local laws, rules or regulations. If the state mine inspector disapproves the administrative regulations, the state mine inspector must provide written reasons for the disapproval. The state mine inspector shall not make any modification to the administrative regulations as adopted by the board of supervisors unless the modification is approved by a majority of the members of the board of supervisors.
G. A person or entity is subject to this chapter if the use or occupation of land or improvements by the person or entity consists of or includes changing, remanufacturing or treating human sewage or sludge for distribution or resale. These activities are not exempt from this chapter under subsection A, paragraph 2 of this section.
H. A county shall not require as a condition for a permit or for any approval, or otherwise cause, an owner or possessor of property to waive the right to continue an existing nonconforming outdoor advertising use or structure without acquiring the use or structure by purchase or condemnation and paying just compensation unless the county, at its option, allows the use or structure to be relocated to a comparable site in the county with the same or a similar zoning classification, or to another site in the county acceptable to both the county and the owner of the use or structure, and the use or structure is relocated to the other site. The county shall pay for relocating the outdoor advertising use or structure, including the cost of removing and constructing the new use or structure that is at least the same size and height. This subsection does not apply to county rezoning of property at the request of the property owner to a more intensive zoning district.
I. For the purposes of this section:
1. "Aggregate" has the same meaning prescribed in section 27-441.
2. "Aggregate mining" has the same meaning prescribed in section 27-441.
3. "Aggregate mining operation" means property that is owned, operated or managed by the same person for aggregate mining.
4. "Operators" means persons who are actively engaged in aggregate mining operations within the zoning district or proposed zoning district and who have given notice to the state mine inspector pursuant to section 27-303.
Sec. 4. Section 11-815, Arizona Revised Statutes, is amended to read:
11-815. Enforcement; county zoning inspector; deputies; building permits; violations; classification; civil penalties; hearing officers and procedures
A. The county zoning ordinance shall provide for its enforcement within a zoned territory by means of withholding building permits, and for those purposes may establish the position of county zoning inspector and deputy inspectors as may be required, who shall be appointed by the board.
B. After the establishment establishing and filling of the position, it is unlawful to erect, construct, reconstruct, alter or use any building or other structure within a zoning district covered by the ordinance without first obtaining a building permit from the inspector, and for that purpose the applicant shall provide the zoning inspector with a sketch of the proposed construction containing sufficient information for the enforcement of the zoning ordinance. A permit is not required for repairs or improvements of a value of not exceeding five hundred dollars more than $500 or for constructing a single-family home, accessory dwelling unit or detached garage that complies with section 11-269.29. Reasonable fees may be charged for the issuance of a permit. The inspector shall recognize the limitations placed on the inspector's authority by sections 11-804 and 11-811, and shall issue the permit when it appears that the proposed erection, construction, reconstruction, alteration or use fully conforms to the zoning ordinance. In any other case the inspector shall withhold the permit.
C. It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of any regulation or any ordinance pertaining to the land and any violation constitutes a public nuisance. Any person, firm or corporation violating an ordinance, or any part of an ordinance, is guilty of a class 2 misdemeanor. Each day during which the illegal erection, construction, reconstruction, alteration, maintenance or use continues is a separate offense.
D. A county may establish civil penalties for a violation of any zoning regulation or ordinance. Civil penalties shall not exceed the amount of the maximum fine for a class 2 misdemeanor. Each day of continuance of the violation constitutes a separate violation. If an alleged violator is served with a notice of violation pursuant to subsection E of this section, the alleged violator is not subject to a criminal charge arising out of the same facts.
E. A county that establishes a civil penalty for a violation of a zoning regulation or ordinance may appoint hearing officers to hear and determine zoning violations. If the zoning inspector reports a zoning violation to the hearing officer, the hearing officer shall hold a hearing after notice of the hearing has been served on the alleged violator. The zoning inspector shall cause the notice to be personally served on the alleged violator at least five days before the hearing. Personal service may be made by a zoning an inspector or by any person authorized to perform personal service by the Arizona rules of civil procedure. If it is impracticable for the zoning inspector to cause the notice to be personally served, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of civil procedure. A notice served on the alleged violator other than by personal service shall be served at least thirty days before the hearing. For the purposes of this subsection, "impracticable" includes service of the notice outside the boundaries of the county or in situations in which the hearing officer reasonably determines that personal service on the alleged violator would jeopardize the safety of the zoning inspector or other persons authorized to perform personal service by the Arizona rules of civil procedure.
F. At the hearing, the zoning inspector shall present evidence showing the existence of a zoning violation and the alleged violator or the alleged violator's attorney or other designated representative shall be given a reasonable opportunity to present evidence. The county attorney may present evidence on behalf of the zoning inspector. At the conclusion of the hearing, the hearing officer shall determine whether a zoning violation exists and, if a violation is found to exist, may impose civil penalties pursuant to subsection D of this section.
G. A hearing officer may be an employee of the county and shall be appointed by the board of supervisors. A review of decisions of the hearing officer by the board of supervisors shall be available to any party to the hearing. The board of supervisors may delegate this review to a county board of adjustment. If the board of supervisors elects to delegate this review, the board of supervisors shall delegate all requested reviews to the board of adjustment. The board of supervisors shall adopt written rules of procedure for the hearing and review of hearings, which shall be adopted in the same manner as zoning ordinances. Judicial review of the final decisions of the board of supervisors or a board of adjustment shall be pursuant to title 12, chapter 7, article 6. A county that establishes civil penalties for a violation of a zoning regulation or ordinance is not precluded from pursuing the remedies as provided for in subsection H of this section.
H. If any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used or any land is or is proposed to be used in violation of this chapter or any ordinance, regulation or provision enacted or adopted by the board under the authority granted by this chapter, the board, the county attorney, the inspector or any adjacent or neighboring property owner who is specially damaged by the violation, in addition to the other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent, abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use.
Sec. 5. Section 11-861, Arizona Revised Statutes, is amended to read:
11-861. Adoption of codes by reference; limitations; method of adoption; fire sprinklers; fire apparatus access roads or approved routes; intent; state preemption; fire watch requirements; pool barrier gates; refrigerants
A. In any county that has adopted zoning pursuant to this chapter, the board of supervisors may adopt and enforce, for the unincorporated areas of the county so zoned, a building code and other related codes to regulate the quality, type of material and workmanship of all aspects of construction of buildings or structures, except that the board may authorize that areas zoned rural or unclassified may be exempt from the provisions of the code adopted. The adopted code does not apply to a single-family home, accessory dwelling unit or detached garage that is constructed in compliance with section 11-269.29. The codes may be adopted by reference after notice and hearings before the county planning and zoning commission and board of supervisors as provided in this chapter for amendments to the zoning ordinance of the county.
B. The board of supervisors may adopt a fire prevention code in the unincorporated areas of the county in which a fire district has not adopted a nationally recognized fire code pursuant to section 48-805. Any fire code adopted by a board of supervisors pursuant to this subsection shall remain in effect until a fire district is established and adopts a code applicable within the boundaries of the district.
C. For the purposes of this article, codes authorized by subsections A and B of this section shall be limited to the following:
1. Any building, electrical, plumbing or mechanical code that has been adopted by any national organization or association that is organized and conducted for the purpose of developing codes or that has been adopted by the largest city in that county. If the board of supervisors adopts a city code, it shall adopt, within ninety days after receiving a written notification of a change to the city code, the same change or shall terminate the adopted city code.
2. Any fire prevention code that has been adopted by a national organization or association organized or conducted for the purpose of developing fire prevention codes and that is as stringent as the state fire code adopted pursuant to section 37-1383.
D. The board of supervisors may adopt a current wildland-urban interface code. The code may be adapted from a model code adopted by a national or international organization or association for mitigating the hazard to life and property. The board must follow written public procedures in developing and adopting the code and any revisions to the code to provide effective, early and continuous public participation through:
1. The broad dissemination and publicity of the proposed code and any revisions to the code.
2. The opportunity for submission and consideration of written public comments.
3. Open discussions, communications programs and information services.
4. Consultation with federal agencies and state and local officials.
E. The board of supervisors shall not adopt a code or ordinance or part of a uniform code or ordinance that prohibits a person or entity from choosing to install or equip or not install or equip fire sprinklers in a single-family detached residence or any residential building that contains not more than two dwelling units. The board of supervisors shall not impose any fine, penalty or other requirement on any person or entity for choosing to install or equip or not install or equip fire sprinklers in such a residence. This subsection does not apply to any code or ordinance that requires fire sprinklers in a residence and that was adopted before December 31, 2009. The provisions of this subsection shall be included on all fire sprinkler permit applications that are for a single-family detached residence or any residential building that contains not more than two dwelling units.
F. A fire sprinkler permit application may be in either print or electronic format.
G. A board of supervisors may not adopt any, or part of any, fire code, ordinance, stipulation or other legal requirement for an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, that directly or indirectly requires a one or two family residence or a utility or miscellaneous accessory building or structure to install fire sprinklers. A fire code official may increase or extend an approved fire apparatus access road or a fire apparatus access road extension, or both, or an approved route or a route extension, or both, to comply with this subsection. Compliance with this subsection is not grounds to deny or suspend a license or permit. This subsection may be enforced in a private civil action and relief, including an injunction, may be awarded against a county. The court shall award reasonable attorney fees, damages, lost opportunity costs, interest and the cost of the sprinkler system to a party that prevails in an action against a county for a violation of this subsection. The legislature finds and determines that property rights are a matter of statewide concern and a fundamental element of freedom. A property owner's right to use the property owner's property must be protected from unreasonable abridgment by county regulation and enforcement. This subsection supersedes and preempts any regulation adopted by a county regarding an approved fire apparatus access road, fire apparatus access road extension, approved route or route extension. For the purposes of this subsection:
1. "Fire code" includes the international fire code, however denominated.
2. "Utility or miscellaneous accessory building or structure" includes an agricultural building, aircraft hangar, accessory to a residence, barn, carport, fence that is more than six feet high, grain silo, greenhouse, livestock shelter, private garage, retaining wall, shed, stable, tank or tower.
H. If a fire code adopted by a board of supervisors requires the use of a fire watch, an employee who works at the building in which a fire watch is required may serve as the fire watch. A person who is designated as a fire watch shall be equipped with means to contact the local fire department, and the person's only duty while keeping watch for fires shall be to perform constant patrols of the protected premises. The county shall provide the fire watch with printed instructions from the office of the state fire marshal and may provide a free training session before the person's deployment as the fire watch begins. For the purposes of this subsection, "fire watch" means a person who is stationed in a building or in a place relative to a building to observe the building and its openings when the fire protection system for the building is temporarily nonoperational or absent.
I. From and after December 31, 2014, a code or ordinance or part of a uniform code or ordinance that is adopted by the board of supervisors applies to locking devices for pool barrier gates used for means of ingress or egress for semipublic swimming pools. Any new construction or major renovation of a semipublic swimming pool from and after December 31, 2014 must meet the requirements of the code or ordinance or part of the uniform code or ordinance that is adopted by the board of supervisors. This subsection does not apply to a locking device for a pool barrier gate used for means of ingress or egress for a semipublic swimming pool that was installed before January 1, 2015, if the locking device meets the requirements prescribed in section 36-1681, subsection B, paragraph 3.
J. Any code, ordinance or general or specific plan provision or part of a code, ordinance or general or specific plan provision adopted by a county may not prohibit the use of refrigerants that are listed as acceptable pursuant to the clean air act (69 Stat. 322; 42 United States Code section 7671k) if the equipment used is listed and installed in accordance with the use conditions prescribed in the clean air act.
Sec. 6. Section 11-865, Arizona Revised Statutes, is amended to read:
11-865. Exemptions; exception
A. This article does not 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 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.
3. A single-family home, accessory dwelling unit or detached garage that is constructed in compliance with section 11-269.29.
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) class 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 not implement a change endangering public health or safety.
