9-500.50. Disclosure of filing; military installation or range or Arizona national guard site; definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A city or town that contains any portion of a military installation or range or Arizona national guard site or contains any portion of the influence area of a military installation or range or Arizona national guard site, as delineated in the map prepared by the state land department pursuant to section 37-102, shall notify the office of the military installation or range or Arizona national guard site commander when an application is deemed complete by the city or town to do any of the following in any portion of the influence area:

1. Amend, modify or change a general plan or comprehensive plan land use designation.

2. Establish, amend, modify or change an area plan, character plan, master development plan or site plan.

3. Amend, modify or change the zoning designation, overlay zoning designation or the regulations related to allowed uses, structure or building heights or outdoor lighting in the applicable designations.

4. Subdivide the property or otherwise divide the property, including any land division, into five or fewer lots, regardless of the proposed development or use.

B. The city or town shall provide the notice required pursuant to subsection A of this section by providing a copy of the application and the relevant documentation that are necessary to adequately describe the proposed application pursuant to subsection A of this section. The notice shall include procedures for providing electronic or written comments, and the date comments must be received.

C. In all cases, comments from the military installation or range or Arizona national guard site shall be received by the city or town seven days before the first public hearing. If the application does not require a public hearing, comments shall be provided to the city or town within the normal review and comment timelines for such application. If comments are provided, this section does not require a public hearing for comments on applications that do not otherwise require a public hearing.

D. If the military installation or range or Arizona national guard site chooses not to submit official comments and a public hearing is required, the city or town shall note at the public hearing that the military installation or range or Arizona national guard site was notified and has not provided comment on the application.

E. This section does not require a city or town to deny any application, permit, approval or authorization based on the existence of the military installation or range or Arizona national guard site or its proximity to the parcel of real estate.

F. This section does not require a city or town to meet the notification requirements of this section if the state land department has not prepared maps of military installations or ranges or Arizona national guard sites.

G. For the purposes of this section:

1. "Influence area" means all property located within two miles of the exterior perimeter or fence line of the military installation or range or Arizona national guard site.

2. "Military installation or range or Arizona national guard site":

(a)Includes:

(i)United States naval observatory Flagstaff station.

(ii)Barry M. Goldwater range.

(iii)Yuma proving grounds.

(iv)Buckeye training site.

(v)Camp Navajo.

(vi)Florence military reservation.

(vii)Papago park military reservation.

(viii)Picacho peak stagefield.

(ix)Rittenhouse training site.

(x)Silverbell army heliport.

(b)Does not include:

(i)The Laguna army airfield.

(ii)Any military airport or ancillary military facility as defined in section 28-8461.