HB 2518 — municipalities; housing needs assessment; zoning
Last action — Senate Second Reading
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 56th Legislature - Second Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
260 added · 77 removedPlain-language change summary
The latest version of House Bill 2518 requires municipalities to determine if a zoning application is complete within 30 days of submission, with a quicker 15-day review for resubmissions. This change aims to streamline the zoning process, making it more efficient and potentially reducing delays in housing development. By establishing clear deadlines, the bill seeks to ensure that municipalities are more accountable in their planning processes, which is crucial for addressing housing needs.
Fifty-sixthHouse LegislatureEngrossed Commercemunicipalities; Second Regular Session H.B.
2518housing PROPOSEDneeds HOUSEassessment; OF REPRESENTATIVES AMENDMENTS TO H.B.
2518zoning (ReferenceState toof printedArizona bill)House Pageof 1,Representatives betweenFifty-sixth linesLegislature 1Second andRegular 2,Session insert:HOUSE BILL 2518 AN ACT AMENDING SECTION 9-462.04, ARIZONA REVISED STATUTES;
"SectionAMENDING 1.TITLE 9, CHAPTER 4, ARTICLE 6.1, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-462.10;
TitleAMENDING TITLE 9, chapterCHAPTER 4, articleARTICLE 6,6.4, ArizonaARIZONA RevisedREVISED Statutes,STATUTES, isBY amendedADDING bySECTION adding9-469; section 9-461.18, to read:
9-461.18.RELATING TO MUNICIPAL PLANNING.
Affordable(TEXT housing;OF BILL BEGINS ON NEXT PAGE) - i - H.B.
density;2518 Be it enacted by the Legislature of the State of Arizona:
height;Section 1.
applicability;Section 9-462.04, Arizona Revised Statutes, is amended to read:
definitions9-462.04. A.
NOTWITHSTANDINGPublic ANYhearing OTHERrequired; LAW OR ORDINANCE, ON OR BEFORE JANUARY 1, 2025, A MUNICIPALITY SHALL OFFER, IN ANY MIXED USE OR MULTIFAMILY RESIDENTIALLY ZONED DISTRICT WITHIN ONE-HALF MILE OF A LIGHT RAIL OR STREETCAR STOP, A HEIGHT OR DENSITY BONUS OF TEN PERCENT ADDITIONAL DWELLING UNITS FOR EITHER OF THE FOLLOWING:
definition A.
If the municipality has a planning commission or a hearing officer, the planning commission or hearing officer shall hold a public hearing on any zoning ordinance.
Notice of the time and place of the hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be given at least fifteen days before the hearing in the following manner:
AThe PROPOSEDnotice MULTIFAMILYshall RESIDENTIALbe HOUSINGpublished DEVELOPMENTat THATleast DEDICATESonce ATin LEASTa TWENTYnewspaper PERCENTof OFgeneral THEcirculation UNITSpublished TOor PERMANENTcirculated AFFORDABLEin HOUSING.the municipality, or if there is none, it shall be posted on the affected property in such a manner as to be legible from the public right-of-way and in at least ten public places in the municipality.
A posted notice shall be printed so that the following are visible from a distance of one hundred feet:
the word "zoning", the present zoning district classification, the proposed zoning district classification and the date and time of the hearing.
AIn PROPOSEDproceedings RESIDENTIALinvolving HOUSINGrezoning DEVELOPMENTof THATland QUALIFIESthat FORabuts THEother LOW-INCOMEmunicipalities HOUSINGor TAXunincorporated CREDITareas PROGRAMof ASthe DEFINEDcounty INor SECTIONa 42-13601,combination SUBJECTof TOa ALLmunicipality OTHERand DEVELOPMENTan STANDARDSunincorporated OFarea, THEcopies MUNICIPALITY.of the notice of public hearing shall be transmitted to the planning agency of the governmental unit abutting such land.
B.In proceedings involving rezoning of land that is located within the territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the municipality shall send copies of the notice of public hearing by first class mail to the military airport.
THISIn SECTIONaddition DOESto NOTnotice APPLYby TOpublication, ANYa OFmunicipality THEmay FOLLOWING:give notice of the hearing in any other manner that the municipality deems necessary or desirable.
1.3.
ANYIn LANDproceedings INthat THEare IMMEDIATEnot VICINITYinitiated OFby Athe MUNICIPALproperty AIRPORT,owner Ainvolving FEDERALrezoning AVIATIONof ADMINISTRATIONland COMMERCIALLYthat LICENSEDmay AIRPORTchange ORthe Azoning GENERALclassification, AVIATIONnotice AIRPORT.by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be rezoned and all property owners, as shown on the last assessment of the property, within three hundred feet of the property to be rezoned.
2.
ANY TERRITORY IN THE VICINITY OF A MILITARY AIRPORT OR ANCILLARY MILITARY FACILITY AS DEFINED IN SECTION 28-8461.
House Amendments to H.B.
2518 3.
ANY AREA THAT IS DESIGNATED AS A DISTRICT OF HISTORICAL SIGNIFICANCE PURSUANT TO SECTION 9-462.01, SUBSECTION A, PARAGRAPH 10.
ANYIn AREAproceedings THATinvolving ISone DESIGNATEDor ASmore HISTORICof ONthe THEfollowing NATIONALproposed REGISTERchanges OFor HISTORICrelated PLACES.series of changes in the standards governing land uses, notice shall be provided in the manner prescribed by paragraph 5 of this subsection:
(a) A ten percent or more increase or decrease in the number of square feet or units that may be developed.
(b) A ten percent or more increase or reduction in the allowable height of buildings.
(c) An increase or reduction in the allowable number of stories of buildings.
- 1 - H.B.
2518 (d) A ten percent or more increase or decrease in setback or open space requirements.
(e) An increase or reduction in permitted uses.
TRIBALIn LAND.proceedings governed by paragraph 4 of this subsection, the municipality shall provide notice to real property owners pursuant to at least one of the following notification procedures:
(a) Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes.
(b) If the municipality issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the municipality shall include notice of the changes with such utility bills or other mailings.
(c) The municipality shall publish the changes before the first hearing on such changes in a newspaper of general circulation in the municipality.
The changes shall be published in a "display ad" covering not less than one-eighth of a full page.
Show all 145 changed lines (105 more)
ANYIf AREAnotice WHEREis ANprovided EXISTINGpursuant MOBILEto HOMEparagraph PARK5, ASsubdivision DEFINED(b) INor SECTION(c) 33-1409of MAYthis BEsubsection, DISPLACED.the municipality shall also send notice by first class mail to persons who register their names and addresses with the municipality as being interested in receiving such notice.
The municipality may charge a fee not to exceed $5 per year for providing this service and may adopt procedures to implement this paragraph.
7.
Notwithstanding the notice requirements in paragraph 4 of this subsection, the failure of any person or entity to receive notice does not constitute grounds for any court to invalidate the actions of a municipality for which the notice was given.
B.
If the matter to be considered applies to territory in a high noise or accident potential zone as defined in section 28-8461, the notice prescribed in subsection A of this section shall include a general statement that the matter applies to property located in the high noise or accident potential zone.
FORAfter THEthe PURPOSEShearing, OFthe THISplanning SECTION:commission or hearing officer shall render a decision in the form of a written recommendation to the governing body.
The recommendation shall include the reasons for the recommendation and be transmitted to the governing body in the form and manner prescribed by the governing body.
D.
If the planning commission or hearing officer has held a public hearing, the governing body may adopt the recommendations of the planning commission or hearing officer without holding a second public hearing if there is no objection, request for public hearing or other protest.
The governing body shall hold a public hearing if requested by the party aggrieved or any member of the public or of the governing body, or, in any case, if a public hearing has not been held by the planning commission or hearing officer.
The governing body may consider the testimony of any - 2 - H.B.
2518 party aggrieved when making its decision.
In municipalities with territory in the vicinity of a military airport or ancillary military facility as defined in section 28-8461, the governing body shall hold a public hearing if, after notice is transmitted to the military airport pursuant to subsection A of this section and before the public hearing, the military airport provides comments or analysis concerning the compatibility of the proposed rezoning with the high noise or accident potential generated by military airport or ancillary military facility operations that may have an adverse impact on public health and safety, and the governing body shall consider and analyze the comments or analysis before making a final determination.
Notice of the time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the planning commission as specified in subsection A of this section.
A municipality may give additional notice of the hearing in any other manner as the municipality deems necessary or desirable.
For the purposes of this subsection, "party aggrieved" means any property owner within the notification area prescribed by subsection A, paragraph 3 of this section.
E.
A municipality may enact an ordinance authorizing county zoning to continue in effect until municipal zoning is applied to land previously zoned by the county and annexed by the municipality, but not longer than six months after the annexation.
F.
A municipality is not required to adopt a general plan before the adoption of a zoning ordinance.
G.
If there is no planning commission or hearing officer, the governing body of the municipality shall perform the functions assigned to the planning commission or hearing officer.
H.
If the owners of twenty percent or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property file a protest in writing against a proposed amendment, the change shall not become effective except by the favorable vote of three-fourths of all members of the governing body of the municipality.
If any members of the governing body are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the governing body, provided that IF such required number of votes shall IS not be less than a majority of the full membership of the legally established governing body.
For the purposes of this subsection, the vote shall be rounded to the nearest whole number.
A protest filed pursuant to this subsection shall be signed by the property owners opposing the proposed amendment and filed in the office of the clerk of the municipality not later than 12:00 noon one business day before the date on which the governing body will vote on the proposed amendment or on an earlier time and date established by the governing body.
- 3 - H.B.
2518 I.
In applying an open space element or a growth element of a general plan, a parcel of land shall not be rezoned for open space, recreation, conservation or agriculture unless the owner of the land consents to the rezoning in writing.
J.
Notwithstanding section 19-142, subsection B, a decision by the governing body involving rezoning of land that is not owned by the municipality and that changes the zoning classification of such land may not be enacted as an emergency measure and the change shall not be effective for at least thirty days after final approval of the change in classification by the governing body.
K.
For the purposes of this section, "zoning area" means both of the following:
"DEDICATED"The ORarea "DEDICATES"within MEANSone TOhundred RECORDfifty INfeet, THEincluding FORMall ANDrights-of-way, MANNERof REQUIREDthe BYaffected Aproperty MUNICIPALITYsubject Ato LEGALLYthe BINDINGproposed DOCUMENTamendment ONor THEchange. PROPERTY THAT LIMITS THE PRICE AT WHICH THE PROPERTY MAY BE SOLD OR LEASED FOR A PERIOD OF AT LEAST TWENTY-FIVE YEARS.
"MULTIFAMILYThe RESIDENTIALarea DEVELOPMENT"of MEANSthe Aproposed BUILDINGamendment ORor BUILDINGSchange. THAT ARE DESIGNED AND USED FOR RESIDENTIAL PURPOSES AND THAT CONTAIN MORE THAN ONE APARTMENT OR DWELLING UNIT.
Sec.
2.
Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.10, to read:
9-462.10.
Residential zoning;
amendment;
applications;
deadline;
extensions;
applicability A.
ON OR BEFORE JANUARY 1, 2025, A MUNICIPALITY SHALL ADOPT AN AMENDMENT TO THE MUNICIPALITY'S ZONING ORDINANCE THAT REQUIRES THE MUNICIPALITY TO DETERMINE WHETHER A ZONING APPLICATION IS ADMINISTRATIVELY COMPLETE WITHIN THIRTY DAYS AFTER RECEIVING THE APPLICATION.
IF THE MUNICIPALITY DETERMINES THAT THE APPLICATION IS NOT ADMINISTRATIVELY COMPLETE, THE MUNICIPALITY SHALL FOLLOW THE PROCEDURES PRESCRIBED IN SECTION 9-835, SUBSECTION E UNTIL THE APPLICATION IS ADMINISTRATIVELY COMPLETE.
THE MUNICIPALITY SHALL DETERMINE WHETHER A RESUBMITTED APPLICATION IS ADMINISTRATIVELY COMPLETE WITHIN FIFTEEN DAYS AFTER RECEIVING THE RESUBMITTED APPLICATION.
AFTER DETERMINING THAT THE APPLICATION IS ADMINISTRATIVELY COMPLETE, THE MUNICIPALITY SHALL APPROVE OR DENY THE APPLICATION WITHIN ONE HUNDRED EIGHTY DAYS.
B.
NOTWITHSTANDING SUBSECTION A OF THIS SECTION, THE MUNICIPALITY MAY EXTEND THE TIME FRAME TO APPROVE OR DENY THE REQUEST BEYOND ONE HUNDRED EIGHTY DAYS FOR EITHER OF THE FOLLOWING REASONS:
1.
FOR EXTENUATING CIRCUMSTANCES, THE MUNICIPALITY MAY GRANT A ONETIME EXTENSION OF NOT MORE THAN THIRTY DAYS.
2.
IF AN APPLICANT REQUESTS AN EXTENSION, THE MUNICIPALITY MAY GRANT EXTENSIONS OF THIRTY DAYS FOR EACH EXTENSION GRANTED.
C.
THIS SECTION DOES NOT APPLY TO LAND 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 OR PLANNED AREA DEVELOPMENTS.
- 4 - H.B.
2518 Sec.
"PERMANENTTitle AFFORDABLE9, HOUSING"chapter MEANS4, UNITSarticle THAT6.4, AREArizona DEDICATEDRevised TOStatutes, EITHERis OFamended THEby FOLLOWING:adding section 9-469, to read:
(a)9-469. OWNER-OCCUPIED HOUSING FOR WHICH THE TOTAL ANNUAL COST OF OWNERSHIP, INCLUDING PRINCIPAL, INTEREST, TAXES, INSURANCE AND HOMEOWNERS' ASSOCIATION FEES, DOES NOT EXCEED THIRTY PERCENT OF THE GROSS ANNUAL INCOME OF A HOUSEHOLD THAT IS AT EIGHTY PERCENT OF THE AREA MEDIAN INCOME.
(b)Municipal RENTALhousing HOUSINGneeds FORassessment; WHICH THE TOTAL ANNUAL RENT COST DOES NOT EXCEED THIRTY PERCENT OF THE GROSS ANNUAL INCOME OF A HOUSEHOLD THAT IS AT EIGHTY PERCENT OF THE AREA MEDIAN INCOME." Renumber to conform Page 1, line 11, strike "shall be published at least once in a newspaper of" Strike line 12 Line 13, strike "there is none, it" insert "shall be published at least once in a newspaper of general circulation published or circulated in the municipality, or if there is none, it" Page 4, strike lines 17 through 45 Strike page 5 -2- House Amendments to H.B.
2518annual Pagereport; 6, strike lines 1 through 21 Renumber to conform Page 8, between lines 5 and 6, insert:
"D.applicability A.
THEBEGINNING ARIZONAJANUARY DEPARTMENT1, OF2025 HOUSING SHALL COMPILE THE REPORTS RECEIVED PURSUANT TO SUBSECTION B OF THIS SECTION AND SUBMITEVERY THEFIVE REPORTSYEARS TOTHEREAFTER, THEA GOVERNOR,MUNICIPALITY THESHALL PRESIDENTPUBLISH OFA THEHOUSING SENATENEEDS ANDASSESSMENT THETHAT SPEAKERINCLUDES OF THE HOUSEFOLLOWING: OF REPRESENTATIVES." Reletter to conform Amend title to conform MATT GRESS 2518GRESS.docx 02/02/2024 08:33 AM C:
LAT1. -3-
THE TOTAL POPULATION GROWTH PROJECTED FOR THE SUBSEQUENT FIVE-YEAR PERIOD.
2.
THE TOTAL JOB GROWTH PROJECTED FOR THE SUBSEQUENT FIVE-YEAR PERIOD.
3.
THE TOTAL AMOUNT OF RESIDENTIALLY ZONED LAND WITH DETAIL ON LAND ZONED AS SINGLE-FAMILY AND MULTIFAMILY.
4.
THE TOTAL NEED FOR ADDITIONAL RESIDENTIAL HOUSING UNITS FOR RENT AND FOR SALE IN THE MUNICIPALITY TO MEET:
(a) ANY DEFICIENCIES IN HOUSING THE EXISTING POPULATION.
(b) ANY DEFICIENCIES IN HOUSING THE EXISTING WORKFORCE.
(c) POPULATION GROWTH PROJECTIONS.
(d) JOB GROWTH PROJECTIONS.
(e) HOUSING NEEDS ACROSS ALL VARIOUS INCOME LEVELS.
B.
BEGINNING JANUARY 1, 2025 AND EVERY YEAR THEREAFTER, EACH MUNICIPALITY SHALL SUBMIT AN ANNUAL REPORT TO THE ARIZONA DEPARTMENT OF HOUSING ACCOUNTING FOR THE TOTAL NUMBER OF PROPOSED RESIDENTIAL HOUSING UNITS SUBMITTED TO THE MUNICIPALITY, THE TOTAL NUMBER OF NET NEW RESIDENTIAL HOUSING UNITS SUBMITTED TO THE MUNICIPALITY AND THE TOTAL NUMBER OF NEW RESIDENTIAL HOUSING UNITS THAT ARE ENTITLED, HAVE BEEN PLATTED, HAVE BEEN ISSUED A BUILDING PERMIT AND HAVE RECEIVED A CERTIFICATE OF OCCUPANCY BY THE MUNICIPALITY.
THE ANNUAL REPORT SHALL INCLUDE ALL OF THE FOLLOWING:
1.
THE NUMBER OF HOUSING DEVELOPMENT APPLICATIONS RECEIVED IN THE PRIOR YEAR.
2.
THE NUMBER OF LOTS AND MULTIFAMILY UNITS INCLUDED IN ALL DEVELOPMENT APPLICATIONS IN THE PRIOR YEAR.
3.
THE NUMBER OF LOTS AND MULTIFAMILY UNITS APPROVED AND DISAPPROVED OR OTHERWISE NOT APPROVED IN THE PRIOR YEAR.
4.
A THRESHOLD PERCENTAGE REQUIREMENT OF MULTIFAMILY ZONED LAND VERSUS SINGLE-FAMILY ZONED LAND NEEDED TO MEET POPULATION DEMAND IN EACH MUNICIPALITY.
5.
THE STATUS AND PROGRESS IN MEETING THE MUNICIPALITY'S HOUSING NEEDS.
6.
A PLAN THAT SPECIFIES HOW THE MUNICIPALITY INTENDS TO SATISFY THE IDENTIFIED NEED FOR ADDITIONAL HOUSING UNITS WITHIN THE MUNICIPALITY.
C.
A MUNICIPALITY THAT HAS CONDUCTED A HOUSING NEEDS ASSESSMENT REPORT AS OF JANUARY 1, 2021 SHALL AMEND ALL EXISTING REPORTS TO INCLUDE THE INFORMATION REQUIRED IN SUBSECTION A OF THIS SECTION.
- 5 - H.B.
2518 D.
THE ARIZONA DEPARTMENT OF HOUSING SHALL COMPILE THE REPORTS RECEIVED PURSUANT TO SUBSECTION B OF THIS SECTION AND SUBMIT THE REPORTS TO THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
E.
THIS SECTION DOES NOT REQUIRE A MUNICIPALITY TO FULFILL THE PROJECTIONS IN THE HOUSING NEEDS ASSESSMENT REQUIRED BY SUBSECTION A OF THIS SECTION.
F.
THIS SECTION DOES NOT APPLY TO A MUNICIPALITY THAT IS LOCATED ON TRIBAL LAND OR A MUNICIPALITY WITH A POPULATION OF LESS THAN THIRTY THOUSAND PERSONS.
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Show all 145 changed rows (105 more)
View plain text versions (4)
- Engrossed House Engrossed Version Current pdf
- HOUSE - Commerce View text pdf
- Amended HOUSE - SUB Floor Amend to COM - Gress - passed pdf
- Introduced Introduced Version pdf
Action History
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Senate Second Reading
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Senate First Reading
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Transmit to Senate
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PASSED
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DPA
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DPA
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House Second Reading
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House First Reading.
Sponsors
- Matt Gress · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 92 not signed on · 9 voted No
Sponsors (1)
- Matt Gress Republican
Co-sponsors (0)
None.
Not signed on (92)
92 members have not signed on to this bill.
Show all 92 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 19 | 1 | 0 | 0 |
| Republican | 20 | 3 | 0 | 0 |
| Unaffiliated | 11 | 5 | 0 | 1 |
| Total | 50 | 9 | 0 | 1 |
| % of votes cast | 83% | 15% | 0% | 2% |
How each member voted (60)
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- Who sponsors HB 2518?
- HB 2518 is sponsored by Matt Gress (Republican).
- What is the current status of HB 2518?
- This bill died with 56th Legislature - Second Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 2518?
- Track HB 2518 free on One Click Politics — get push/email alerts when it moves.
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