HB 2721 — municipal zoning; middle housing

HouseSenate Engrossed House Bill municipal zoning;

middle housing State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session CHAPTER 197 HOUSE BILL 2721 AN ACT AMENDING TITLE 9, CHAPTER 4, ARTICLE 6.1, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-462.10;

applicability;

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,FOURPLEXES FIVEPLEXES AND TOWNHOMES AS A PERMITTED USE ON ALLBOTH LOTSOF ZONEDTHE FORFOLLOWING: SINGLE-FAMILY RESIDENTIAL USE.

1.

ALL LOTS ZONED FOR SINGLE-FAMILY RESIDENTIAL USE WITHIN ONE MILE OF THE MUNICIPALITY'S CENTRAL BUSINESS DISTRICT.

2.

AT LEAST TWENTY PERCENT OF ANY NEW DEVELOPMENT OF MORE THAN TEN CONTIGUOUS ACRES.

DISCOURAGE THE DEVELOPMENT OF MIDDLE HOUSING THROUGH UNREASONABLE COSTS, FEES, DELAYS OR OTHER REQUIREMENTS OR ACTIONS,ACTIONS WHICHTHAT INDIVIDUALLY OR CUMULATIVELY MAKE IMPRACTICABLE THE PERMITTING, SITING, OR CONSTRUCTION OF MIDDLE HOUSING.

RESTRICT MIDDLE HOUSING TYPES TO LESS THAN TWO FLOORSFLOORS. OR A FLOOR AREA RATIO OF LESS THAN ONE.

SETRESTRICT RESTRICTIONS, PERMITTING OR REVIEW PROCESSES FOR MIDDLE HOUSING THATTYPES ARETO MOREA RESTRICTIVEFLOOR THANAREA THOSERATIO FOROF SINGLE-FAMILYLESS DWELLINGSTHAN WITHINFIFTY THEPERCENT. SAME ZONE.

REQUIRESET OWNERRESTRICTIONS, OCCUPANCYPERMITTING OFOR ANYREVIEW STRUCTURESPROCESSES ONFOR MIDDLE HOUSING THAT ARE MORE RESTRICTIVE THAN THOSE FOR SINGLE-FAMILY DWELLINGS WITHIN THE LOT.SAME ZONE.

REQUIRE OWNER OCCUPANCY OF ANY STRUCTURES ON THE LOT.

6.

7.

REQUIRE MORE THAN ONE OFF-STREET PARKING SPACE PER UNIT.

THE MUNICIPALITY SHALL ALLOW THE PROPERTY OWNER TO DETERMINE THE LOCATION, NUMBER AND FORM OF OFF-STREET VEHICLE PARKING SPACES.

D.

E.D.

AREAS THAT ARE NOT SERVED BY MUNICIPAL WATER AND SEWER SERVICES.

F.6.

AREAS COVERED UNDER TITLE 48, CHAPTER 6, ARTICLE 4.

7.

ANY LAND WITHIN THE TERRITORY IN THE VICINITY OF A PUBLIC AIRPORT AS DEFINED IN SECTION 28-8486 OR TO THE EXTENT THIS SECTION WOULD - 1 - H.B.

2721 INTERFERE WITH THE PUBLIC AIRPORT'S ABILITY TO COMPLY WITH THE LAWS, REGULATIONS AND REQUIREMENTS OF THE UNITED STATES RELATED TO APPLYING FOR, RECEIVING OR SPENDING FEDERAL MONIES.

8.

ANY LAND WITHIN THE TERRITORY IN THE VICINITY OF A MILITARY AIRPORT AS DEFINED IN SECTION 28-8461.

E.

-F. 1 - H.B.

2721THIS G.SECTION DOES NOT CHANGE OR OTHERWISE IMPAIR THE TERMS OF ANY DEVELOPMENT AGREEMENT THAT EXISTS ON THE EFFECTIVE DATE OF THIS SECTION.

G.

NOTWITHSTANDING SUBSECTION A OF THIS SECTION, A UTILITY PROVIDER IMPACTED BY A DEVELOPMENT BEING DEVELOPED PURSUANT TO THIS SECTION SHALL HAVE THE OPPORTUNITY TO REVIEW AND APPROVE THE SITE PLAN FOR THE DEVELOPMENT.

H.

"DUPLEX""BUILDING MEANSCODE": 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.

(a) MEANS A CONSTRUCTION CODE ADOPTED BY A MUNICIPALITY.

(b) INCLUDES A MODEL BUILDING CODE, COMMERCIAL CODE, PLUMBING AND MECHANICAL CODE, ELECTRIC CODE, ENERGY CONSERVATION CODE, FIRE CODE, PROPERTY MAINTENANCE CODE, NEIGHBORHOOD PRESERVATION CODE, ANTI-BLIGHT CODE OR OTHER SIMILAR CODE.

"FIVEPLEX""CENTRAL BUSINESS DISTRICT" MEANS AAN PARCELAREA OR LOTSERIES WITHOF FIVEAREAS DWELLINGDESIGNATED UNITSBY A MUNICIPALITY THAT ARE DESIGNEDPRIMARILY FORNONINDUSTRIAL RESIDENTIALAND OCCUPANCYTHAT BYATTRACT NOTCOMMUNITY MOREACTIVITY, THANINCLUDING FIVETHE HOUSEHOLDSENTIRE LIVINGGEOGRAPHIC INDEPENDENTLYAREA FROMTHAT EACHTHE OTHER.MUNICIPALITY HAS OFFICIALLY DESIGNATED AS ITS DOWNTOWN OR EQUIVALENT ON THE EFFECTIVE DATE OF THE SECTION.

"FLOOR"DUPLEX" AREAMEANS RATIO"TWO MEANSDWELLING THEUNITS RATIOON OFTHE ALLOWEDSAME SQUAREPARCEL FOOTAGEOR LOT IN AATTACHED, MIDDLEDETACHED HOUSINGOR PROJECTSEMI-DETACHED TOARRANGEMENTS THETHAT SQUAREARE FOOTAGEDESIGNED OFFOR THERESIDENTIAL PARCELOCCUPANCY ONBY WHICHNOT ITMORE ISTHAN BUILT.TWO HOUSEHOLDS LIVING INDEPENDENTLY FROM EACH OTHER.

"FOURPLEX""FLOOR MEANSAREA ARATIO" PARCELMEANS ORTHE LOTRATIO WITHOF FOURALLOWED DWELLINGSQUARE UNITSFOOTAGE THATIN AREA DESIGNEDMIDDLE FORHOUSING RESIDENTIALPROJECT OCCUPANCYTO BYTHE NOTSQUARE MOREFOOTAGE THANOF FOURTHE HOUSEHOLDSPARCEL LIVINGON INDEPENDENTLYWHICH FROMIT EACHIS OTHER.BUILT.

"FOURPLEX" MEANS FOUR DWELLING UNITS ON THE SAME PARCEL OR LOT IN ATTACHED, DETACHED OR SEMI-DETACHED ARRANGEMENTS THAT ARE DESIGNED FOR RESIDENTIAL OCCUPANCY BY NOT MORE THAN FOUR HOUSEHOLDS LIVING INDEPENDENTLY FROM EACH OTHER.