Bill Text: AZ SB1346 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Home based businesses; detached buildings; storage
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2016-01-28 - Referred to Senate GOV Committee [SB1346 Detail]
Download: Arizona-2016-SB1346-Introduced.html
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REFERENCE TITLE: home‑based businesses; detached buildings; storage |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SB 1346 |
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Introduced by Senator Farnsworth D; Representative Townsend: Senators Donahue, Shooter; Representatives Allen J, Coleman, Gowan
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AN ACT
Amending section 11‑820, Arizona Revised Statutes; relating to home‑based businesses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-820, Arizona Revised Statutes, is amended to read:
11-820. Restriction on regulation; home‑based businesses; exception; definitions
A. Any ordinance authorized by this chapter shall not restrict or otherwise regulate the owner of a home-based business that holds a valid license from:
1. Making residential property improvements to add doors, shelving or display racks for use by the home-based business.
2. Displaying a temporary commercial sign on the residential property during business hours, if the sign is not more than twenty‑four inches by twenty‑four inches.
3. Selling or offering for sale any goods.
4. Maintaining operating hours that are from 8:00 A.M. to 6:00 P.M.
5. Constructing and using a detached building on the private lot or parcel of land from which the home‑based business is operated, if all of the following apply:
(a) The private lot or parcel of land from which the home‑based business is operated is at least one-half acre.
(b) The detached building is not more than ten percent of the total area of the private lot or parcel of land from which the home‑based business is operated.
(c) The detached building is used for storage, warehousing, light manufacturing or other uses related to the home‑based business.
6. Providing up to five thousand square feet of outside storage on the private lot or parcel of land from which the home‑based business is operated, if both of the following apply:
(a) The private lot or parcel of land from which the home‑based business is operated is at least one-half acre.
(b) The storage area is blocked from public view by a block wall or similar barrier that is at least six feet in height.
7. Operating a wedding venue or wedding chapel as a home‑based business within a residential zoning district, if all of the following apply:
(a) The private lot or parcel of land from which the wedding venue or wedding chapel is operated is at least five acres.
(b) The distance between the main building or structure of the wedding venue or wedding chapel and an adjacent property is at least one hundred feet.
(c) There is at least an eight-foot-high barrier between the private lot or parcel of land from which the wedding venue or wedding chapel is operated and any adjacent residential property.
(d) The maximum occupancy for the wedding venue or wedding chapel is not more than four hundred persons, not including vendors or employees.
(e) There is adequate parking for guests, vendors and employees.
(f) The wedding venue or wedding chapel is open not earlier than 10:00 a.m. and not later than 11:00 p.m. on any day of the week.
(g) If the wedding venue or wedding chapel contains outdoor event space, all outdoor events conclude not later than 9:00 p.m.
(h) The sound equipment used at the wedding venue or wedding chapel complies with local noise ordinances.
(i) All accessory buildings and shade structures located on the private lot or parcel of land from which the wedding venue or wedding chapel is operated comply with local ordinances.
B. This section does not preclude a county from imposing reasonable operating requirements on a home-based business or a residential property used by a home-based business.
C. If a county requires a special use permit for the operation of a home‑based business, for special use permits issued from and after the effective date of this amendment to this section, the county shall:
1. Approve the special use permit in a residential zoning district if the home‑based business meets the following requirements:
(a) Has a proper barrier between the private lot or parcel of land from which the home‑based business is operated and any adjacent residential property.
(b) Has adequate parking for employees and patrons.
(c) Is located on a private lot or parcel of land that is at least three acres.
(d) Maintains a distance of at least seventy‑five feet between the main building or structure of the home‑based business and any adjacent residential property.
2. Allow the assembly of a large group of people under the permit.
3. Issue the special use permit for a period of at least twenty years.
4. On request of the permittee, renew the special use permit automatically for an additional twenty years.
5. Process and finalize all special use permits within ninety days after application.
C. D. For the purposes of this section:
1. "Goods" means any merchandise, equipment, products, supplies or materials.
2. "Home-based business" means any business for the limited manufacture, provision or sale of goods or services that is owned and operated by the owner or tenant of the residential property.
3. "License" means any permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency, department, board or commission of this state or of any political subdivision of this state for the purpose of operating a business in this state or to an individual who provides a service to any person and the license is required to perform that service.
4. Light manufacturing does not include industrial manufacturing.
