15-189.01. Charter schools; zoning; development fees

A. Charter schools shall be classified as public schools for the purposes of zoning and the assessment of zoning fees, site plan fees and development fees. Municipalities and counties shall allow a charter school to be established and operate at a location or in a facility in which schools operated by school districts are not prohibited by the zoning regulations of the county or municipality, except that a county or municipality may adopt zoning regulations that prohibit a charter school from operating in an existing single family residence that is located on property of less than an acre.

B. A charter school is subject to the same level of oversight and the same ordinances, limitations and requirements, if any, that would be applicable to a school that is operated by a school district.

C. The construction and development of the charter school facility shall be subject to the building codes, including life and safety building codes, of the municipality, county or state.

D. Municipalities and counties shall adopt procedures to ensure that hearings and administrative reviews involving charter schools are scheduled and conducted on an expedited basis and that charter schools receive a final determination from the municipality or county within thirty days of the beginning of processes requiring only an administrative review and within ninety days of the beginning of processes requiring a public hearing and allowing an appeal to a board of adjustment, city or town governing body or board of supervisors.

E. No political subdivision of this state may enact or interpret any law, rule or ordinance in a manner that conflicts with subsection A.

15-189.01. Charter schools; zoning; development fees

A. Charter schools shall be classified as public schools for the purposes of zoning and the assessment of zoning fees, site plan fees and development fees. Municipalities and counties shall allow a charter school to be established and operate at a location or in a facility in which schools operated by school districts are not prohibited by the zoning regulations of the county or municipality, except that a county or municipality may adopt zoning regulations that prohibit a charter school from operating in an existing single family residence that is located on property of less than an acre.

B. A charter school is subject to the same level of oversight and the same ordinances, limitations and requirements, if any, that would be applicable to a school that is operated by a school district.

C. The construction and development of the charter school facility shall be subject to the building codes, including life and safety building codes, of the municipality, county or state.

D. Municipalities and counties shall adopt procedures to ensure that hearings and administrative reviews involving charter schools are scheduled and conducted on an expedited basis and that charter schools receive a final determination from the municipality or county within thirty days of the beginning of processes requiring only an administrative review and within ninety days of the beginning of processes requiring a public hearing and allowing an appeal to a board of adjustment, city or town governing body or board of supervisors.

E. No political subdivision of this state may enact or interpret any law, rule or ordinance in a manner that conflicts with subsection A.