A. The governing body of a city or town may designate a renewable energy incentive district in an area in the city or town if all of the following apply:

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Arizona Laws 9-499.14

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215

1. The proposed district consists of a vacant or underused parcel or parcels of property, or any other parcel or parcels of property the governing body deems suitable for renewable energy and storage equipment, that are appropriate sizes for the construction and operation of renewable energy and storage equipment. The governing body may designate portions of land or noncontiguous portions of land as a renewable energy incentive district or districts.

2. The proposed district is located within an area of the city or town so that the construction and operation of renewable energy and storage equipment would not be incompatible with other uses of property in the area considering factors relating to the construction and operation of renewable energy and storage equipment, including:

(a) The ability to adequately buffer the district from surrounding incompatible uses.

(b) The noise level emanating from the district alone and in relation to ambient noise levels at the perimeter of the property falling within the proposed district and relative to other adjacent lands.

(c) The extent to which the district would be located in proximity to existing transportation and electrical transmission corridors.

(d) Compatibility with commercial and military air space requirements.

3. The governing body has evaluated the extent to which the proposed district is consistent with the existing general plan and has determined that the proposed district does not conflict with the plan. The governing body may determine that the district is not a major amendment to the general plan pursuant to Section 9-461.06.

B. If the governing body establishes a renewable energy incentive district, it shall adopt a renewable energy incentive plan to encourage the construction and operation of renewable energy and storage equipment in the district. The plan may include:

1. Expedited zoning or rezoning procedures.

2. Expedited processing of plans, proposals and permits.

3. Waivers or abatement of zoning fees, processing fees, and improvement district fees and assessments for development activities.

4. Waiver or abatement of development standards and procedural requirements.

C. For the purposes of this section, "renewable energy and storage equipment" has the same meaning prescribed in section 42-14155.