Bill Text: AZ HB2721 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: Municipal zoning; middle housing
Spectrum: Slight Partisan Bill (Republican 12-5)
Status: (Passed) 2024-05-21 - Chapter 197 [HB2721 Detail]
Download: Arizona-2024-HB2721-Engrossed.html
|
House Engrossed
municipal zoning; middle housing |
|
State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
|
|
HOUSE BILL 2721 |
|
|
|
|
An Act
amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.10; relating to municipal zoning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.10, to read:
9-462.10. Zoning; development; middle housing; definitions
A. On or before January 1, 2026, a municipality with a population of seventy-five thousand persons or more must authorize by ordinance and incorporate into its development regulations, zoning regulations and other official controls the development of duplexes, triplexes, fourplexes, fiveplexes and townhomes as a permitted use on all lots zoned for single-family residential use.
B. The municipality may not do any of the following:
1. Discourage the development of middle housing through unreasonable costs, fees, delays or other requirements or actions, which individually or cumulatively make impracticable the permitting, siting, or construction of middle housing.
2. Restrict middle housing types to less than two floors or a floor area ratio of less than one.
3. Set restrictions, permitting or review processes for middle housing that are more restrictive than those for single-family dwellings within the same zone.
4. Require owner occupancy of any structures on the lot.
5. Require any structures to comply with a commercial building code or to contain a fire sprinkler.
C. The municipality shall allow the property owner to determine the location, number and form of off-street vehicle parking spaces.
D. This section does not prohibit the governing body of a municipality from allowing either of the following:
1. Single-family dwellings in areas zoned for single-family dwellings.
2. Additional types of middle housing not required under this section.
E. This section does not apply to any of the following:
1. Areas that are not incorporated.
2. Areas that lack sufficient urban services.
3. Areas that are not served by municipal water and sewer services.
4. Areas that are not zoned for residential use.
5. Areas that are not incorporated and are zoned under an interim zoning designation that maintains the area's potential for planned urban development.
F. If a municipality does not adopt the regulations required by this section on or before January 1, 2026, middle housing shall be allowed on all lots in the municipality zoned for single-family residential use without any limitations.
G. For the purpose of this section:
1. "Duplex" means a parcel or lot with two dwelling units that are designed for residential occupancy by not more than two households living independently from each other.
2. "Fiveplex" means a parcel or lot with five dwelling units that are designed for residential occupancy by not more than five households living independently from each other.
3. "Floor area ratio" means the ratio of allowed square footage in a middle housing project to the square footage of the parcel on which it is built.
4. "Fourplex" means a parcel or lot with four dwelling units that are designed for residential occupancy by not more than four households living independently from each other.
5. "Household" means either:
(a) A single person living or residing in a dwelling or place of residence.
(b) Two or more persons living together or residing in the same dwelling or place of residence.
6. "Middle housing":
(a) Means buildings that are compatible in scale, form and character with single-family houses and that contain two or more attached, detached, stacked or clustered homes.
(b) Includes duplexes, triplexes, fourplexes, fiveplexes and townhouses.
7. "Permitted use" means the ability for a development to be approved without requiring a public hearing, variance, conditional use permit, special permit or special exception, other than a discretionary zoning action to determination that a site plan conforms with applicable zoning regulations.
8. "Townhouses" means dwelling units that are constructed in a row of two or more attached units in which each dwelling unit shares at least one common wall with an adjacent unit and that are accessed by separate outdoor entrances.
9. "Triplex" means a parcel or lot with three dwelling units that are designed for residential occupancy by not more than three households living independently from each other.
