HB 2375 — housing; zoning; historic neighborhoods

Fifty-seventh*Sponsorship Legislaturehas Governmentchanged Secondsince Regularthe Sessionbill H.B.was introduced House Engrossed housing;

2375zoning; PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

historic neighborhoods State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session HOUSE BILL 2375 (ReferenceAN toACT printedAMENDING bill)SECTION Amendment9-462.13, instructionARIZONA key:REVISED STATUTES;

[GREENRELATING UNDERLININGTO INHOUSING. BRACKETS] indicates text added to statute or previously enacted session law.

[Green(TEXT underliningOF inBILL brackets]BEGINS indicatesON textNEXT addedPAGE) to- newi session- lawH.B. or text restoring existing law.

[GREEN2375 STRIKEOUTBe INit BRACKETS]enacted indicatesby newthe textLegislature removedof fromthe statuteState orof previouslyArizona: enacted session law.

[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.

<<Green carets>> indicate a section added to the bill.

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

HouseC. Amendments to H.B.

2375 C.

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 interfere- with1 the- publicH.B. airport's ability to comply with the laws, regulations and requirements of the United States related to applying for, receiving or spending federal monies.

2375 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.

AREAS THAT ARE DESIGNATED AS HISTORIC BY THE MUNICIPALITY.

11.

[E.E.

THE MUNICIPALITY MAY REQUIRE THAT THE MIDDLE HOUSING COMPLY WITH THE OBJECTIVE HISTORIC PRESERVATION OR DESIGN STANDARDS ADOPTED BY THE MUNICIPALITY OR, IF THE MUNICIPALITY HAS NOT ADOPTED HISTORIC PRESERVATION OR DESIGN STANDARDS, WITH THE UNITED STATES SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES, INCLUDING THE STANDARDS GOVERNING REHABILITATION AND NEW CONSTRUCTION.

THE MUNICIPALITY MAY REGULATE OBJECTIVE STANDARDS, INCLUDING BUILDING HEIGHT, MASSING, LOT COVERAGE, SETBACKS, ROOF FORM, SITE LAYOUT AND OVERALL BUILDING VOLUME.

-2-G. House Amendments to H.B.

2375UNLESS G.STRICTER ZONING REGULATIONS ARE REQUIRED BY APPLICABLE HISTORIC PRESERVATION STANDARDS, A MUNICIPALITY MAY REQUIRE ADMINISTRATIVE SITE PLAN REVIEW SOLELY FOR THE PURPOSE OF CONFIRMING COMPLIANCE WITH APPLICABLE STANDARDS, BUT MAY NOT REQUIRE A PUBLIC HEARING, VARIANCE, CONDITIONAL USE PERMIT, SPECIAL PERMIT OR OTHER DISCRETIONARY APPROVAL PROCESS FOR DEVELOPING MIDDLE HOUSING PURSUANT TO SUBSECTION E OF THIS SECTION.

UNLESS STRICTER ZONING REGULATIONS ARE REQUIRED BY APPLICABLE HISTORIC PRESERVATION STANDARDS, A MUNICIPALITY MAY REQUIRE ADMINISTRATIVE SITE PLAN REVIEW SOLELY FOR THE PURPOSE OF CONFIRMING COMPLIANCE WITH APPLICABLE OBJECTIVE STANDARDS, BUT MAY NOT REQUIRE A PUBLIC HEARING, VARIANCE, CONDITIONAL USE PERMIT, SPECIAL PERMIT OR OTHER DISCRETIONARY APPROVAL PROCESS FOR DEVELOPING MIDDLE HOUSING PURSUANT TO SUBSECTION E OF THIS SECTION.

NOTWITHSTANDING ANY OTHER LAW, MIDDLE HOUSING THAT IS DEVELOPED PURSUANT TO THIS SECTION MAY NOT BE DEVELOPED ON A SITE WHERE A STRUCTURE THAT IS LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES OR THAT IS ELIGIBLEDESIGNATED FORAS DESIGNATIONHISTORIC ONBY THE NATIONALMUNICIPALITY REGISTERWAS DEMOLISHED UNLESS THE DEMOLITION OF HISTORICTHE PLACESSTRUCTURE WAS DEMOLISHEDNECESSARY WITHOUTBECAUSE THEA REQUIREDCONDITION MUNICIPALOR DEMOLITIONCONDITIONS PROCESSEXIST ANDTHAT REQUIREDCONSTITUTE A DANGER TO PUBLIC NOTICE.HEALTH, SAFETY AND WELFARE, AS DEFINED BY A MUNICIPAL ORDINANCE, AND THE EXISTENCE OF THOSE CONDITIONS ARE CERTIFIED BY A LICENSED ENGINEER OR BUILDING CODE OFFICIAL.

PUBLIC- INPUT2 THAT- ISH.B. CONDUCTED SOLELY FOR THE PURPOSE OF DEVELOPING MIDDLE HOUSING ON A SITE PURSUANT TO THIS SUBSECTION MAY NOT BE USED TO AUTHORIZE THE MIDDLE HOUSING DEVELOPMENT.] [E.] [I.] 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.

[F.]2375 [J.]E. This section does not change or otherwise impair the terms of any development agreement that exists on September 14, 2024.

[G.]I. [K.] 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.]If [L.]a Formunicipality does not adopt the purposeregulations PURPOSESrequired ofby this section: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.

F.

J.

This section does not change or otherwise impair the terms of any development agreement that exists on September 14, 2024.

G.

K.

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.

L.

For the purpose PURPOSES of this section:

-3-6. House Amendments to H.B.

2375 6.

"Permitted use" means the ability for a development to be approved without requiring a public hearing, variance, conditional use permit,- special3 permit- orH.B. special exception, other than a discretionary zoning action to determination DETERMINE that a site plan conforms with applicable zoning regulations.

2375 permit, special permit or special exception, other than a discretionary zoning action to determination DETERMINE that a site plan conforms with applicable zoning regulations.