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Senate Engrossed
planning; home design; restrictions; prohibition. |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1112 |
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An Act
amending title 9, chapter 4, article 6, Arizona Revised Statutes, by adding sections 9-461.18 and 9-461.19; relating to municipal planning.
(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, Arizona Revised Statutes, is amended by adding sections 9-461.18 and 9-461.19, to read:
9-461.18. Planning; home design; state preemption; applicability
A. A municipality may not interfere with a home buyer's right to choose the features, amenities, structure, floor plan and interior and exterior design of a home.
B. Notwithstanding any other law, a municipality may not require any of the following:
1. A homeowners' association, a condominium association or any other association. Property owners may voluntarily form or establish a homeowners' association, a condominium association or another association.
2. A shared feature or amenity that would require a homeowners' association, a condominium association or any other association to maintain or operate the feature or amenity, unless necessary for stormwater management.
3. Screening, walls or fences.
4. Private streets or roads.
C. The legislature finds and determines that the citizens of this state continue to experience the significant detrimental effects of a severe crisis due to the shortage of available housing. It has become virtually impossible for many Arizonans to achieve the American dream of owning their own home. This statewide housing crisis is caused in no small part due to highly restrictive regulations imposed by municipalities. The legislature also finds and determines that, pursuant to article II, section 2, Constitution of Arizona, property rights are a fundamental element of individual rights and personal freedom. A property owner's right to use the property owner's property, protected from unreasonable abridgment by municipal regulation and enforcement, is a matter of statewide concern and is not subject to further regulation by a municipality.
D. The provisions of this section do not supersede applicable building codes, fire codes or public health and safety regulations.
E. This section applies to developments constructed after the effective date of this section.
9-461.19. Planning; urban areas; home size; design; state preemption; applicability
A. Notwithstanding any other law, a municipality may not adopt or enforce any code, ordinance, regulation, standard, stipulation or other requirement establishing, directly or indirectly, any of the following:
1. For new developments that are five or more acres in size and that will be platted and located in an area zoned for single-family homes, minimum lot sizes that are greater than one thousand five hundred square feet except a municipality may enforce adopted minimum lot sizes greater than one thousand five hundred square feet where multiple lots smaller than five acres with existing dwelling units are aggregated together.
2. Minimum square footage or dimensions for a single-family home.
3. Maximum or minimum lot coverage for a single-family home and any accessory structures.
4. Minimum building setbacks for a single-family home that are greater than five feet from the side lot lines and ten feet from the front and rear lot lines.
5. Design, architectural or aesthetic elements for a single-family home except for a single-family home within an area that is designated as a district of historical significance pursuant to section 9-462.01, subsection A, paragraph 10 or an area that is designated as historic on the national register of historic places.
B. The legislature finds and determines that the citizens of this state continue to experience the significant detrimental effects of a severe crisis due to the shortage of available housing. It has become virtually impossible for many Arizonans to achieve the American dream of owning their own home. This statewide housing crisis is caused in no small part due to highly restrictive regulations imposed by municipalities. The legislature also finds and determines that, pursuant to article ii, section 2, constitution of Arizona, property rights are a fundamental element of individual rights and personal freedom. A property owner's right to use the property owner's property, protected from unreasonable abridgment by municipal regulation and enforcement, is a matter of statewide concern and is not subject to further regulation by a municipality.
C. The provisions of this section do not supersede applicable building codes, fire codes, minimum parking requirements or public health and safety regulations.
D. This section applies to developments constructed after the effective date of this section in a municipality with a population of more than seventy thousand persons that is designated in whole or in part as an urban area by the United States census bureau or in a municipality that is located on tribal land.
Sec. 2. Short title
This act may be cited as the "Arizona Starter Homes Act".