ARIZONA STATE SENATE
Forty-eighth Legislature, First Regular Session
FACT SHEET FOR H.B. 2595
amateur radio; operators; structures; accommodation
Purpose
Requires municipalities and counties to establish reasonable rules and regulations to accommodate amateur radio operators within their planning and zoning guidelines. Also requires a homeowners’ association (HOA) to establish reasonable heights and dimensions for accommodation of radio operators.
Background
According to the Federal Communications Commission (FCC), the amateur and amateur-satellite radio services are for qualified persons of any age who are interested in radio technique solely with a personal aim and without pecuniary interest. Operation of an amateur station requires an amateur operator license grant from the FCC. Before receiving a license grant, one must pass an examination administered by a team of volunteer examiners to determine the proper operator class. In 1985, the FCC established a limited preemption policy that balanced the federal interest in protecting and enhancing amateur radio emergency and public service communications and the state/local interest in exercising jurisdiction over land use policy.
According to statute, a city’s power to enact zoning ordinances originates exclusively from the state. A city does not have vested rights in its zoning powers, and the state can reduce or condition those powers. Currently the governing legislative body of a municipality may regulate the use of buildings, structures and land as between agriculture, residence, industry, business and other purposes. Furthermore, that body may regulate among other entities, signs, billboards, the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot that may be occupied by a building or structure, access to incident solar energy and the intensity of land use.
There is no anticipated fiscal impact to the state General Fund.
Provisions
1. Requires a legislative body of a municipality to provide reasonable heights and dimensions suitable for amateur radio station emergency service communications antennae and structures.
2. Requires a county plan to provide for reasonable heights and dimensions for accommodation of amateur radio station emergency service communications antennae and structures.
3. Requires an HOA to establish reasonable heights and dimensions for accommodation of amateur radio station emergency communications antennae and structures.
4. Makes technical changes.
5. Becomes effective on the general effective date.
House Action
HSPR 2/7/07 W/D
CMMA 2/20/07 W/D
APPROP 2/21/07 DPA 15-1-0-1
3rd Read 3/19/07 56-2-2-0
Prepared by Senate Research
March 21, 2007
CN/JA/jas