Bill Text: AZ SB1002 | 2018 | Fifty-third Legislature 2nd Regular | Introduced


Bill Title: Home-based businesses; regulations; municipalities

Spectrum: Partisan Bill (Republican 1-0)

Status: (N/A) 2017-11-15 - Prefile [SB1002 Detail]

Download: Arizona-2018-SB1002-Introduced.html

 

 

PREFILED    NOV 15 2017

REFERENCE TITLE: home-based businesses; regulations; municipalities

 

 

 

 

State of Arizona

Senate

Fifty-third Legislature

Second Regular Session

2018

 

 

SB 1002

 

Introduced by

Senator Farnsworth D

 

 

AN ACT

 

amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.09; relating to municipal zoning.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.09, to read:

START_STATUTE9-462.09.  Restriction on regulation; home-based businesses; exception; definitions

A.  A city or town may not adopt an ordinance that restricts or otherwise regulates 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.  Generating traffic, parking or delivery activity that does not cause on‑street parking congestion or a substantial increase in traffic through the residential area.

5.  Having more than one client on the property at one time.

6.  Employing any of the following:

(a)  Residents of the primary residential dwelling.

(b)  Immediate family members.

(c)  One or two individuals who are not residents of the primary residential dwelling or immediate family members.

7.  Using fifty percent or less of the square footage of the primary residential dwelling to conduct home-based business activity.

8.  Using a four hundred-square-foot or smaller accessory structure or garage for home-based business activity.

B.  This section does not preclude a city or town from imposing reasonable operating requirements on a home-based business or a residential property used by a home-based business.

C.  For the purposes of this section:

1.  "Accessory structure":

(a)  Means an enclosed structure that is on the residential property and that is in addition to the primary residential dwelling.

(b)  Includes a workshop.

2.  "Goods" means any merchandise, equipment, products, supplies or materials.

3.  "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.

4.  "Immediate family member" means a spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild or stepsibling whether related by adoption or blood.

5.  "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. END_STATUTE

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