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2015 Op. Ariz. Att'y Gen. 1 (2015)

handle is hein.sag/sagaz0104 and id is 1 raw text is: 











                               STATE OF ARIZONA

                      OFFICE OF THE ATTORNEY GENERAL


     ATTORNEY GENERAL OPINION                            No. 115-001
                                                          (R14-0 17)
                    by
                                                     Re: Zoning Rights of
            MARK BRNOVICHI                       Charter School Leasing Facilities
          ATTORNEY GENERAL

             February 23, 2015


To:    Kimberly Yee
       Arizona State Senator
       Legislative District 20
       Senate Education Committee Chair

                                 Questions Presented

       You have asked whether a county or municipality can prohibit a charter school that leases

a facility from availing itself of the zoning relief provided by A.R.S. § 15-189.01.

                                  Summary Answer

      No, a county or municipality camot prohibit a charter school that leases a facility from

availing itselof the zoning relief that A.R.S. § 15-189.01 provides.

                                    Baclkround

      The Arizona Legislature added A.R.S § I5-189.01 to the charter school statutes in 1996.

1996 Ariz. Sess. Laws ch. 356, § 3. This provision classified charter schools as public schools

for purposes of assessing zoning fees, site plan fees and development fees. A.R.S. § 15-

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