Senate Engrossed House Bill
licensing; permitting; criteria; clarity
State of Arizona
House of Representatives
Fifty-sixth Legislature
First Regular Session
2023
CHAPTER 86
HOUSE BILL 2019
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:
START_STATUTE9-843. Licensing; permitting; free speech or assembly; land use; density; time frames; criteria; clarity
A. Notwithstanding any other law, if a municipality requires a license or permit for any free speech or assembly 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 state or federal law.
B. A municipality shall approve or deny application submittals for the activities prescribed in subsection a of this section within sixty days after a submittal is deemed administratively complete pursuant to section 9-835 unless another time frame is specified by a municipal ordinance or state or federal law. If the municipality does not take action on a submittal within the applicable time frame, the submittal is deemed approved, unless the submittal is incomplete, the municipality provides notice pursuant to sections 9-495 and 9-835 and the applicant fails to complete the submittal.
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 approval criteria language is clear and unambiguous. END_STATUTE
Sec. 2. Title 11, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 11-1613, to read:
START_STATUTE11-1613. Licensing; permitting; free speech or assembly; land use; density; time frames; criteria; clarity
A. Notwithstanding any other laW, If a county requires a license or permit for any free speech or assembly 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 state or federal law.
b. A county shall approve or deny application submittals for the activities prescribed in subsection a of this section within sixty days after a submittal is deemed administratively complete pursuant to section 11-1605 unless another time frame is specified by a county ordinance or state or federal law. If the county does not take action on a submittal within the applicable time frame, the submittal is deemed approved, unless the submittal is incomplete, the county provides notice pursuant to section 11-1605 and the applicant fails to complete the submittal.
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 approval criteria language is clear and unambiguous. END_STATUTE
APPROVED BY THE GOVERNOR APRIL 18, 2023.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 18, 2023.