Arizona 57th Legislature - First Regular Session Status: Passed House Bipartisan · 1 R · 1 D cosponsors

HB 2191 — religious institutions; development; allowed use

Last action — FAILED

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 57th Legislature - First 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment.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

291 added · 308 removed

Plain-language change summary

The latest version of Bill HB 2191 has removed the option for multifamily residential developments and now focuses solely on single-family housing near religious institutions. It also tightened the eligibility criteria by extending the required ownership period of the land from three years to fifteen years and specified additional site requirements. These changes aim to ensure that any housing development is closely tied to longstanding religious institutions and remain within certain zoning restrictions, which may help maintain neighborhood character and address concerns from local residents.

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HOUSE FLOOR AMENDMENT EXPLANATION Bill Number:
House Engrossed religious institutions;
HB 2191 Livingston Floor Amendment • Requires, for a religious institution on an eligible site to qualify for allowed use development as prescribed by the measure, the development must be:
development;
1.
allowed use State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session HOUSE BILL 2191 AN ACT AMENDING TITLE 9, CHAPTER 4, ARTICLE 6.1, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-462.14;
Located in an area that is zoned as single-family residential use as of July 1, 2025;
AMENDING TITLE 11, CHAPTER 6, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 11-820.05;
2.
RELATING TO ZONING.
Classified as tax-exempt and will continue to be owned and maintained by the religious institution;
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - H.B.
3.
2191 Be it enacted by the Legislature of the State of Arizona:
Subject to a validly executed ground lease agreement;
and 4.
Not more than 30 feet and two full floors if the development is located within 150 feet of the boundary of an area zoned for single-family residential use.
• Modifies the minimum setback requirements and the greatest maximum lot coverage requirements for an allowed use development on an eligible site.
• Establishes a maximum density bonus for an allowed use development on an eligible site.
• Authorizes a municipality or county to require on-site and off-site improvements and plans and compliance for an allowed use development on an eligible site.
• Removes the requirement that a religious institution record a deed restriction requiring the property to allocate at least 40% of the units to low-income households for a period of 55 years.
• Exempts certain lands, including land zoned for industrial use and land in areas designated as historic by a local government.
• Defines ground lease and single family residential.
Amendment explanation prepared by J.
Hobbins Phone Number 6-3649 jh 3/11/2025 Fifty-seventh Legislature Livingston First Regular Session H.B.
2191 LIVINGSTON FLOOR AMENDMENT HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.
2191 (Reference to printed bill) Amendment instruction key:
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or previously enacted session law.
[Green underlining in brackets] indicates text added to new session law or text restoring existing law.
[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously 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:
NOTWITHSTANDING ANY LOCAL ZONING ORDINANCE, [FOR A RELIGIOUS INSTITUTION LOCATED IN AN AREA THAT IS ZONED AS OF JANUARY 1, 2025 FOR SINGLE-FAMILY RESIDENTIAL USE,] ANY SINGLE-FAMILY [AND MULTIFAMILY] RESIDENTIAL HOUSING DEVELOPMENT ON ANY ELIGIBLE SITE IS CONSIDERED AN ALLOWED USE DEVELOPMENT IF THE DEVELOPMENT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
NOTWITHSTANDING ANY LOCAL ZONING ORDINANCE, FOR A RELIGIOUS INSTITUTION LOCATED IN AN AREA THAT IS ZONED AS OF JANUARY 1, 2025 FOR SINGLE-FAMILY RESIDENTIAL USE, ANY SINGLE-FAMILY RESIDENTIAL HOUSING DEVELOPMENT ON ANY ELIGIBLE SITE IS CONSIDERED AN ALLOWED USE DEVELOPMENT IF THE DEVELOPMENT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
IS ON AN ELIGIBLE SITE THAT [, AS OF JANUARY 1, 2O25,] HAS BEEN OWNED [EXCLUSIVELY] BY A RELIGIOUS INSTITUTION [FOR AT LEAST THE THREE YEARS PRECEDING THE PLANNED ALLOWED USE DEVELOPMENT] [, THAT HAS BEEN USED CONTINUOUSLY AND PRIMARILY FOR RELIGIOUS WORSHIP, THAT IS CLASSIFIED AS TAX-EXEMPT AS PRESCRIBED IN SECTION 42-11109 AND THAT WILL CONTINUE TO BE OWNED AND MAINTAINED BY THE RELIGIOUS INSTITUTION].
IS ON AN ELIGIBLE SITE THAT, AS OF JANUARY 1, 2O25, HAS BEEN OWNED EXCLUSIVELY BY A RELIGIOUS INSTITUTION FOR AT LEAST FIFTEEN CONSECUTIVE YEARS, THAT HAS BEEN USED CONTINUOUSLY AND PRIMARILY FOR RELIGIOUS WORSHIP, THAT IS CLASSIFIED AS TAX-EXEMPT AS PRESCRIBED IN SECTION 42-11109 AND THAT WILL CONTINUE TO BE OWNED AND MAINTAINED BY THE RELIGIOUS INSTITUTION.
[6.
B.
IS SUBJECT TO A VALIDLY EXECUTED GROUND LEASE AGREEMENT.] B.
THE HEIGHT REQUIREMENTS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MUST BE NOT MORE THAN THIRTY FEET AND TWO FULL FLOORS.
THE HEIGHT REQUIREMENTS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MUST [MEET ONE OF THE FOLLOWING:
C.
MINIMUM SETBACK REQUIREMENTS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MUST MEET ALL OF THE FOLLOWING:
BE NOT MORE THAN THIRTY-EIGHT FEET AND THREE FULL FLOORS.
BE AT LEAST TWENTY FEET FOR THE FRONT SETBACK OF THE ELIGIBLE SITE.
BE THE MAXIMUM HEIGHT ALLOWABLE BY THE CURRENT MUNICIPAL ZONING REGULATIONS FOR RETAIL, OFFICE, RESIDENTIAL OR MIXED USE.
House Amendments to H.B.
2191 3.
BE NOT MORE THAN THE HEIGHT OF A PREVIOUSLY EXISTING STRUCTURE ON THE ELIGIBLE SITE.
4.
BE NOT MORE THAN THE HEIGHT OF ANY EXISTING BUILDING WITHIN ONE-FOURTH MILE OF THE ELIGIBLE SITE, EXCEPT FOR BUILDINGS DEVELOPED PURSUANT TO THIS SECTION.] [BE NOT MORE THAN THIRTY FEET AND TWO FULL FLOORS IF THE ALLOWED USE DEVELOPMENT IS LOCATED WITHIN ONE HUNDRED FIFTY FEET OF THE BOUNDARY OF AN AREA ZONED FOR SINGLE-FAMILY RESIDENTIAL USE.] C.
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MINIMUM SETBACK REQUIREMENTS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MUST MEET [ONE] [ALL] OF THE FOLLOWING:
1.
BE AT LEAST [EIGHT] [TWENTY] FEET FOR THE FRONT [, SIDE AND REAR] [SETBACK] OF THE ELIGIBLE SITE.
[2.
BE THE SETBACKS ALLOWABLE BY THE CURRENT MUNICIPAL ZONING REGULATIONS FOR RETAIL, OFFICE, RESIDENTIAL OR MIXED USE.
3.
BE AT LEAST THE SETBACKS OF A PREVIOUSLY EXISTING STRUCTURE ON THE ELIGIBLE SITE.
4.
BE AT LEAST THE SETBACKS EXISTING ON ANY NEIGHBORING SITE OR FACING SITE.] [2.
BE AT LEAST TWENTY FEET FOR THE REAR SETBACK OF THE ELIGIBLE SITE.] D.
BE AT LEAST TWENTY FEET FOR THE REAR SETBACK OF THE ELIGIBLE SITE.
THE GREATEST MAXIMUM LOT COVERAGE FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MUST [MEET ONE OF THE FOLLOWING:
D.
1.] BE NOT MORE THAN COVERAGE OF EIGHTY PERCENT OF THE ELIGIBLE SITE.
THE GREATEST MAXIMUM LOT COVERAGE FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MUST BE NOT MORE THAN COVERAGE OF EIGHTY PERCENT OF THE ELIGIBLE SITE.
[2.
E.
BE THE COVERAGE ALLOWABLE BY THE CURRENT MUNICIPAL ZONING REGULATIONS FOR RETAIL, OFFICE, RESIDENTIAL OR MIXED USE.
THE MAXIMUM DENSITY BONUS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MAY NOT BE MORE THAN TWENTY PERCENT OF THE MAXIMUM DENSITY ALLOWED BY THE APPLICABLE ZONING REGULATIONS OR SEVENTEEN DWELLING UNITS PER ACRE, WHICHEVER IS LESS.
3.
F.
BE NOT MORE THAN THE IMPERVIOUS LOT COVERAGE IN EXISTENCE ON THE ELIGIBLE SITE AT THE TIME OF THE SUBMISSION OF THE DEVELOPMENT APPLICATION.
A MUNICIPALITY MAY NOT IMPOSE ANY ADDITIONAL RESTRICTIONS ON AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE OTHER THAN THE RESTRICTIONS PROVIDED IN THIS SECTION.
4.
G.
BE NOT MORE THAN THE COVERAGE EXISTING ON ANY NEIGHBORING SITE OR FACING SITE.] [E.
A MUNICIPALITY MAY REQUIRE ADDITIONAL PERMITS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE IF THE SAME PERMITS ARE REQUIRED BY THE MUNICIPALITY FOR A COMPARABLE DEVELOPMENT PROJECT.
THE MAXIMUM DENSITY BONUS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MAY NOT BE LESS THAN BOTH OF THE FOLLOWING:
PERMITS REQUIRED BY A - 1 - H.B.
2191 MUNICIPALITY FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE SHALL BE APPROVED BY THE MUNICIPALITY ADMINISTRATIVELY AND THE MUNICIPALITY MAY NOT REQUIRE A PUBLIC HEARING.
H.
A MUNICIPALITY MAY REQUIRE ON-SITE AND OFF-SITE IMPROVEMENTS, IMPACT FEES, PLANS AND COMPLIANCE FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT ARE THE SAME AS ON-SITE AND OFF-SITE IMPROVEMENTS, IMPACT FEES, PLANS AND COMPLIANCE THAT ARE REQUIRED BY THE MUNICIPALITY FOR A COMPARABLE DEVELOPMENT PROJECT.
I.
A RELIGIOUS INSTITUTION THAT ALLOWS AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT IS OWNED BY THE RELIGIOUS INSTITUTION SHALL NOTIFY THE COUNTY ASSESSOR IN THE COUNTY WHERE THE PROPERTY IS LOCATED IN WRITING PURSUANT TO SECTION 42-11152 THAT THE PROPERTY IS NO LONGER USED FOR THE PURPOSES THAT QUALIFY FOR EXEMPTION FROM TAXATION.
J.
AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT IS DEVELOPED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO A VALIDLY EXECUTED LAND TRUST AGREEMENT.
THE LAND TRUST AGREEMENT SHALL SPECIFY BOTH OF THE FOLLOWING:
TWENTY PERCENT OF THE MAXIMUM DENSITY ALLOWED BY APPLICABLE EXISTING MUNICIPAL ZONING REGULATIONS.
THE GOVERNANCE AND MISSION-ALIGNED HOUSING OVERSIGHT AND THE ROLE OF THE RELIGIOUS INSTITUTION.
SEVENTEEN DWELLING UNITS PER ACRE.] [E.] [F.] A MUNICIPALITY MAY NOT IMPOSE ANY ADDITIONAL RESTRICTIONS ON AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE OTHER THAN THE RESTRICTIONS PROVIDED IN [SUBSECTIONS A, B, C AND D OF] THIS SECTION.
THAT THE RELIGIOUS INSTITUTION MAY DELEGATE DECISION-MAKING AUTHORITY TO A SELECTED MANAGEMENT ENTITY.
[F.] [G.] A MUNICIPALITY MAY REQUIRE ADDITIONAL PERMITS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE IF THE SAME PERMITS ARE REQUIRED BY THE MUNICIPALITY FOR A COMPARABLE DEVELOPMENT PROJECT.
THE SELECTED MANAGEMENT ENTITY SHALL BE ONE OF THE FOLLOWING:
PERMITS REQUIRED BY A MUNICIPALITY FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE SHALL BE APPROVED BY THE MUNICIPALITY ADMINISTRATIVELY AND THE MUNICIPALITY MAY NOT REQUIRE A PUBLIC HEARING.
(a) A NEWLY FORMED, SEPARATE NONPROFIT AND RELIGIOUS INSTITUTION-AFFILIATED COMMUNITY LAND TRUST.
-2- House Amendments to H.B.
(b) A PARTNERSHIP WITH AN EXISTING COMMUNITY LAND TRUST.
2191 [G.] [H.] A MUNICIPALITY MAY REQUIRE [SITE] [ON-SITE AND OFF-SITE] IMPROVEMENTS[,] [AND] IMPACT FEES[, PLANS AND COMPLIANCE] FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT ARE THE SAME AS [SITE] [ON-SITE AND OFF-SITE] IMPROVEMENTS[,] [AND] IMPACT FEES[, PLANS AND COMPLIANCE] THAT ARE REQUIRED BY THE MUNICIPALITY FOR A COMPARABLE DEVELOPMENT PROJECT.
(c) ANY OTHER QUALIFIED RESIDENTIAL HOUSING PROPERTY MANAGER.
[H.
K.
UNLESS THERE IS A LOCAL ORDINANCE, A FEDERAL, STATE OR LOCAL GRANT REQUIREMENT OR A PROJECT FINANCING REQUIREMENT THAT REQUIRES A CONFLICTING RESTRICTIVE COVENANT], THE RELIGIOUS INSTITUTION THAT ALLOWS DEVELOPMENT ON AN ELIGIBLE SITE OWNED BY THE RELIGIOUS INSTITUTION SHALL RECORD A DEED RESTRICTION THAT REQUIRES THE PROPERTY TO ALLOCATE FOR A PERIOD OF FIFTY-FIVE YEARS AT LEAST FORTY PERCENT OF THE UNITS IN THE ALLOWED USE DEVELOPMENT TO LOW-INCOME HOUSEHOLDS AS PRESCRIBED BY THE ARIZONA DEPARTMENT OF HOUSING.] I.
AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT IS DEVELOPED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO A VALIDLY EXECUTED GROUND LEASE AGREEMENT.
A RELIGIOUS INSTITUTION THAT ALLOWS AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT IS OWNED BY THE RELIGIOUS INSTITUTION SHALL NOTIFY THE COUNTY ASSESSOR IN THE COUNTY WHERE THE PROPERTY IS LOCATED IN WRITING PURSUANT TO SECTION 42-11152 THAT THE PROPERTY IS NO LONGER USED FOR THE PURPOSES THAT QUALIFY FOR EXEMPTION FROM TAXATION.
THE GROUND LEASE AGREEMENT SHALL PROVIDE ALL OF THE FOLLOWING:
[J.
1.
PROTECTION OF THE RELIGIOUS INSTITUTION AND THE SINGLE-FAMILY RESIDENTIAL HOMEOWNERS.
2.
LONG-TERM AFFORDABILITY AND COMMUNITY PUBLIC BENEFITS.
3.
A MONTHLY LEASE FEE FOR SINGLE-FAMILY RESIDENTIAL HOMEOWNERS THAT PROMOTES LONG-TERM AFFORDABILITY.
THE MONTHLY LEASE FEES MAY BE USED BY MANAGEMENT OF THE ALLOWED USE DEVELOPMENT FOR COMPLIANCE AND MANAGEMENT OF THE PROJECT.
4.
A REQUIREMENT THAT A SINGLE-FAMILY RESIDENTIAL HOME THAT IS DEVELOPED PURSUANT TO THIS SECTION INCLUDE HOUSEHOLDS THAT EARN NOT MORE THAN ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME.
5.
A RESALE SHARING EQUITY CLAUSE THAT ALLOWS THE HOMEOWNER OF A SINGLE-FAMILY RESIDENTIAL HOME THAT IS DEVELOPED ON AN ELIGIBLE SITE TO RETAIN A PERCENTAGE OF THE SINGLE-FAMILY RESIDENTIAL HOME'S APPRECIATION EQUITY AND ALLOWS THE RELIGIOUS INSTITUTION OR HOUSING ENTITY TO KEEP A PERCENTAGE OF THE SINGLE-FAMILY RESIDENTIAL HOME'S APPRECIATION EQUITY FOR REINVESTMENT IN HOUSING PROGRAMS OR OTHER RELIGIOUS INSTITUTION - 2 - H.B.
2191 PRIORITIES.
THE RELIGIOUS INSTITUTION SHALL DETERMINE THE EQUITY SHARING PERCENTAGES WHEN EXECUTING THE GROUND LEASE AGREEMENT.
6.
A LIMITED APPRECIATION CLAUSE THAT RESTRICTS THE RESALE VALUE OF A SINGLE-FAMILY RESIDENTIAL HOME THAT IS DEVELOPED ON AN ELIGIBLE SITE FOR THE FIRST FIVE TO TEN YEARS AFTER DEVELOPMENT.
THE LIMITED APPRECIATION RESTRICTION MAY BE DETERMINED BY THE RELIGIOUS INSTITUTION AND MAY BE CALCULATED USING ONE OF THE FOLLOWING METHODS:
(a) AN INDEXED RATE THAT TIES THE RESALE PRICE OF A SINGLE-FAMILY HOME THAT IS DEVELOPED ON AN ELIGIBLE SITE TO AN ANNUAL CONSUMER PRICE INDEX.
(b) A FIXED ANNUAL APPRECIATION RATE.
L.
A RELIGIOUS INSTITUTION THAT ALLOWS AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT IS OWNED BY THE RELIGIOUS INSTITUTION SHALL NOTIFY IN WRITING ALL OF THE RESIDENTIAL NEIGHBORHOODS LOCATED WITHIN ONE-HALF MILE OF THE RELIGIOUS INSTITUTION ABOUT THE PROPOSED ALLOWED USE DEVELOPMENT.
THE RELIGIOUS INSTITUTION SHALL CONDUCT A COMMUNITY MEETING TO RECEIVE FEEDBACK FROM RESIDENTIAL NEIGHBORHOODS LOCATED WITHIN ONE-HALF MILE OF THE PROPOSED ALLOWED USE DEVELOPMENT.
M.
LAND IN AN AREA LISTED AS HISTORIC ON THE NATIONAL REGISTER OF HISTORIC PLACES.] [J.] [K.] FOR THE PURPOSES OF THIS SECTION:
LAND IN AN AREA LISTED AS HISTORIC ON THE NATIONAL REGISTER OF HISTORIC PLACES.
N.
FOR THE PURPOSES OF THIS SECTION:
"ELIGIBLE SITE" MEANS LAND OR BUILDINGS ON ONE OR MORE CONTIGUOUS PARCELS OWNED BY ONE OR MORE RELIGIOUS INSTITUTIONS.
"ELIGIBLE SITE" MEANS NOT LESS THAN THREE ACRES OF LAND ON ONE OR MORE CONTIGUOUS PARCELS THAT ARE OWNED BY A RELIGIOUS INSTITUTION.
[2.
2.
"FACING SITE" MEANS A PARCEL THAT IS DIRECTLY ACROSS A PUBLIC WAY FROM ANY PORTION OF AN ELIGIBLE SITE.] [2.
"GROUND LEASE" MEANS A SHARED EQUITY AGREEMENT ENTERED INTO BETWEEN THE OWNER OF A PIECE OF LAND AND THE OWNER OF A PIECE OF REAL PROPERTY LOCATED ON THE LAND THAT ALLOWS FOR AN EQUAL DIVISION BETWEEN THE OWNER OF THE LAND AND THE OWNER OF A PIECE OF REAL PROPERTY LOCATED ON THE LAND OF THE APPRECIATED EQUITY IN THE LAND ON THE SALE OF THE LAND.
"GROUND LEASE" MEANS A SHARED EQUITY AGREEMENT ENTERED INTO BETWEEN THE OWNER OF A PIECE OF LAND AND THE OWNER OF A PIECE OF REAL PROPERTY LOCATED ON THE LAND THAT ALLOWS FOR AN EQUAL DIVISION BETWEEN THE OWNER OF THE LAND AND THE OWNER OF A PIECE OF REAL PROPERTY LOCATED ON THE LAND OF THE APPRECIATED EQUITY IN THE LAND ON THE SALE OF THE LAND.] 3.
3.
-3- House Amendments to H.B.
5.
2191 [5.
"SINGLE-FAMILY RESIDENTIAL" MEANS A DETACHED SINGLE-FAMILY HOME THAT IS INTENDED FOR USE AS PERMANENT HOUSING.
"SINGLE-FAMILY RESIDENTIAL" MEANS A DETACHED SINGLE-FAMILY HOME THAT IS INTENDED FOR USE AS PERMANENT HOUSING.] Sec.
- 3 - H.B.
2191 Sec.
NOTWITHSTANDING ANY COUNTY ZONING ORDINANCE, [FOR A RELIGIOUS INSTITUTION LOCATED IN AN AREA THAT IS ZONED AS OF JANUARY 1, 2025 FOR SINGLE-FAMILY RESIDENTIAL USE,] ANY SINGLE-FAMILY [AND MULTIFAMILY] RESIDENTIAL HOUSING DEVELOPMENT ON ANY ELIGIBLE SITE IS CONSIDERED AN ALLOWED USE DEVELOPMENT IF THE DEVELOPMENT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
NOTWITHSTANDING ANY COUNTY ZONING ORDINANCE, FOR A RELIGIOUS INSTITUTION LOCATED IN AN AREA THAT IS ZONED AS OF JANUARY 1, 2025 FOR SINGLE-FAMILY RESIDENTIAL USE, ANY SINGLE-FAMILY RESIDENTIAL HOUSING DEVELOPMENT ON ANY ELIGIBLE SITE IS CONSIDERED AN ALLOWED USE DEVELOPMENT IF THE DEVELOPMENT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
IS ON AN ELIGIBLE SITE THAT [, AS OF JANUARY 1, 2025,] HAS BEEN OWNED [EXCLUSIVELY] BY A RELIGIOUS INSTITUTION [FOR AT LEAST THE THREE YEARS PRECEDING THE PLANNED ALLOWED USE DEVELOPMENT] [, THAT HAS BEEN USED CONTINUOUSLY AND PRIMARILY FOR RELIGIOUS WORSHIP, THAT IS CLASSIFIED AS TAX-EXEMPT AS PRESCRIBED IN SECTION 42-11109 AND THAT WILL CONTINUE TO BE OWNED AND MAINTAINED BY THE RELIGIOUS INSTITUTION].
IS ON AN ELIGIBLE SITE THAT, AS OF JANUARY 1, 2025, HAS BEEN OWNED EXCLUSIVELY BY A RELIGIOUS INSTITUTION FOR AT LEAST FIFTEEN CONSECUTIVE YEARS, THAT HAS BEEN USED CONTINUOUSLY AND PRIMARILY FOR RELIGIOUS WORSHIP, THAT IS CLASSIFIED AS TAX-EXEMPT AS PRESCRIBED IN SECTION 42-11109 AND THAT WILL CONTINUE TO BE OWNED AND MAINTAINED BY THE RELIGIOUS INSTITUTION.
[6.
B.
IS SUBJECT TO A VALIDLY EXECUTED GROUND LEASE AGREEMENT.] B.
THE HEIGHT REQUIREMENTS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MUST BE NOT MORE THAN THIRTY FEET AND TWO FULL FLOORS.
THE HEIGHT REQUIREMENTS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MUST [MEET ONE OF THE FOLLOWING:
C.
MINIMUM SETBACK REQUIREMENTS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MUST MEET ALL OF THE FOLLOWING:
BE NOT MORE THAN THIRTY-EIGHT FEET AND THREE FULL FLOORS.
BE AT LEAST TWENTY FEET FOR THE FRONT SETBACK OF THE ELIGIBLE SITE.
BE THE MAXIMUM HEIGHT ALLOWABLE BY THE CURRENT COUNTY ZONING REGULATIONS FOR RETAIL, OFFICE, RESIDENTIAL OR MIXED USE.
BE AT LEAST FIFTEEN FEET FOR THE SIDE SETBACK OF THE ELIGIBLE SITE.
BE NOT MORE THAN THE HEIGHT OF A PREVIOUSLY EXISTING STRUCTURE ON THE ELIGIBLE SITE.
BE AT LEAST TWENTY FEET FOR THE REAR SETBACK OF THE ELIGIBLE SITE.
4.
D.
BE NOT MORE THAN THE HEIGHT OF ANY EXISTING BUILDING WITHIN ONE-FOURTH MILE OF THE ELIGIBLE SITE, EXCEPT FOR BUILDINGS DEVELOPED PURSUANT TO THIS SECTION.] [BE NOT MORE THAN THIRTY FEET AND TWO FULL FLOORS IF THE ALLOWED USE DEVELOPMENT IS LOCATED WITHIN ONE HUNDRED FIFTY FEET OF THE BOUNDARY OF AN AREA ZONED FOR SINGLE-FAMILY RESIDENTIAL USE.] C.
THE GREATEST MAXIMUM LOT COVERAGE FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MUST BE NOT MORE THAN COVERAGE OF EIGHTY PERCENT OF THE ELIGIBLE SITE.
MINIMUM SETBACK REQUIREMENTS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MUST MEET [ONE] [ALL] OF THE FOLLOWING:
E.
THE MAXIMUM DENSITY BONUS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MAY NOT BE MORE THAN TWENTY PERCENT OF THE MAXIMUM DENSITY ALLOWED BY THE APPLICABLE ZONING REGULATIONS OR SEVENTEEN DWELLING UNITS PER ACRE, WHICHEVER IS LESS.
F.
A COUNTY MAY NOT IMPOSE ANY ADDITIONAL RESTRICTIONS ON AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE OTHER THAN THE RESTRICTIONS PROVIDED IN THIS SECTION.
G.
A COUNTY MAY REQUIRE ADDITIONAL PERMITS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE IF THE SAME PERMITS ARE REQUIRED BY THE COUNTY FOR A COMPARABLE DEVELOPMENT PROJECT.
PERMITS REQUIRED BY A COUNTY FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE SHALL BE APPROVED BY - 4 - H.B.
2191 THE COUNTY ADMINISTRATIVELY AND THE COUNTY MAY NOT REQUIRE A PUBLIC HEARING.
H.
A COUNTY MAY REQUIRE ON-SITE AND OFF-SITE IMPROVEMENTS, IMPACT FEES, PLANS AND COMPLIANCE FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT ARE THE SAME AS ON-SITE AND OFF-SITE IMPROVEMENTS, IMPACT FEES, PLANS AND COMPLIANCE THAT ARE REQUIRED BY THE COUNTY FOR A COMPARABLE DEVELOPMENT PROJECT.
I.
A RELIGIOUS INSTITUTION THAT ALLOWS AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT IS OWNED BY THE RELIGIOUS INSTITUTION SHALL NOTIFY THE COUNTY ASSESSOR IN THE COUNTY WHERE THE PROPERTY IS LOCATED IN WRITING PURSUANT TO SECTION 42-11152 THAT THE PROPERTY IS NO LONGER USED FOR THE PURPOSES THAT QUALIFY FOR EXEMPTION FROM TAXATION.
J.
AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT IS DEVELOPED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO A VALIDLY EXECUTED LAND TRUST AGREEMENT.
THE LAND TRUST AGREEMENT SHALL SPECIFY BOTH OF THE FOLLOWING:
BE AT LEAST [EIGHT] [TWENTY] FEET FOR THE FRONT [, SIDE AND REAR] [SETBACK] OF THE ELIGIBLE SITE.
THE GOVERNANCE AND MISSION-ALIGNED HOUSING OVERSIGHT AND THE ROLE OF THE RELIGIOUS INSTITUTION.
[2.
2.
BE THE SETBACKS ALLOWABLE BY THE CURRENT COUNTY ZONING REGULATIONS FOR RETAIL, OFFICE, RESIDENTIAL OR MIXED USE.
THAT THE RELIGIOUS INSTITUTION MAY DELEGATE DECISION-MAKING AUTHORITY TO A SELECTED MANAGEMENT ENTITY.
THE SELECTED MANAGEMENT ENTITY SHALL BE ONE OF THE FOLLOWING:
(a) A NEWLY FORMED, SEPARATE NONPROFIT AND RELIGIOUS INSTITUTION-AFFILIATED COMMUNITY LAND TRUST.
(b) A PARTNERSHIP WITH AN EXISTING COMMUNITY LAND TRUST.
(c) ANY OTHER QUALIFIED RESIDENTIAL HOUSING PROPERTY MANAGER.
K.
AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT IS DEVELOPED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO A VALIDLY EXECUTED GROUND LEASE AGREEMENT.
THE GROUND LEASE AGREEMENT SHALL PROVIDE ALL OF THE FOLLOWING:
1.
PROTECTION OF THE RELIGIOUS INSTITUTION AND THE RESIDENTIAL HOMEOWNERS.
2.
LONG-TERM AFFORDABILITY AND COMMUNITY PUBLIC BENEFITS.
BE AT LEAST THE SETBACKS OF A PREVIOUSLY EXISTING STRUCTURE ON THE ELIGIBLE SITE.
A MONTHLY LEASE FEE FOR RESIDENTIAL HOMEOWNERS THAT PROMOTES LONG-TERM AFFORDABILITY.
-4- House Amendments to H.B.
THE MONTHLY LEASE FEES MAY BE USED BY MANAGEMENT OF THE ALLOWED USE DEVELOPMENT FOR COMPLIANCE AND STEWARDSHIP OF THE PROJECT.
2191 4.
BE AT LEAST THE SETBACKS EXISTING ON ANY NEIGHBORING SITE OR FACING SITE.] [2.
BE AT LEAST FIFTEEN FEET FOR THE SIDE SETBACK OF THE ELIGIBLE SITE.
3.
BE AT LEAST TWENTY FEET FOR THE REAR SETBACK OF THE ELIGIBLE SITE.] D.
THE GREATEST MAXIMUM LOT COVERAGE FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MUST [MEET ONE OF THE FOLLOWING:
1.] BE NOT MORE THAN COVERAGE OF EIGHTY PERCENT OF THE ELIGIBLE SITE.
[2.
BE THE COVERAGE ALLOWABLE BY THE CURRENT COUNTY ZONING REGULATIONS FOR RETAIL, OFFICE, RESIDENTIAL OR MIXED USE.
3.
BE NOT MORE THAN THE IMPERVIOUS LOT COVERAGE IN EXISTENCE ON THE ELIGIBLE SITE AT THE TIME OF THE SUBMISSION OF THE DEVELOPMENT APPLICATION.
BE NOT MORE THAN THE COVERAGE EXISTING ON ANY NEIGHBORING SITE OR FACING SITE.] [E.
A REQUIREMENT THAT A SINGLE-FAMILY RESIDENTIAL HOME THAT IS DEVELOPED PURSUANT TO THIS SECTION INCLUDE HOUSEHOLDS THAT EARN NOT MORE THAN ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME.
THE MAXIMUM DENSITY BONUS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE MAY NOT BE LESS THAN BOTH OF THE FOLLOWING:
5.
1 TWENTY PERCENT OF THE MAXIMUM DENSITY ALLOWED BY APPLICABLE EXISTING COUNTY ZONING REGULATIONS.
A RESALE SHARING EQUITY CLAUSE THAT ALLOWS THE HOMEOWNER OF A SINGLE-FAMILY RESIDENTIAL HOME THAT IS DEVELOPED ON AN ELIGIBLE SITE TO RETAIN A PERCENTAGE OF THE SINGLE-FAMILY RESIDENTIAL HOME'S APPRECIATION EQUITY AND ALLOWS THE RELIGIOUS INSTITUTION OR HOUSING ENTITY TO KEEP A PERCENTAGE OF THE SINGLE-FAMILY RESIDENTIAL HOME'S APPRECIATION EQUITY FOR REINVESTMENT IN HOUSING PROGRAMS OR OTHER RELIGIOUS INSTITUTION PRIORITIES.
2.
THE RELIGIOUS INSTITUTION SHALL DETERMINE THE EQUITY SHARING PERCENTAGES WHEN EXECUTING THE GROUND LEASE AGREEMENT.
SEVENTEEN DWELLING UNITS PER ACRE.] [E.] [F.] A COUNTY MAY NOT IMPOSE ANY ADDITIONAL RESTRICTIONS ON AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE OTHER THAN THE RESTRICTIONS PROVIDED IN [SUBSECTIONS A, B, C AND D OF] THIS SECTION.
- 5 - H.B.
[F.] [G.] A COUNTY MAY REQUIRE ADDITIONAL PERMITS FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE IF THE SAME PERMITS ARE REQUIRED BY THE COUNTY FOR A COMPARABLE DEVELOPMENT PROJECT.
2191 6.
PERMITS REQUIRED BY A COUNTY FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE SHALL BE APPROVED BY THE COUNTY ADMINISTRATIVELY AND THE COUNTY MAY NOT REQUIRE A PUBLIC HEARING.
A LIMITED APPRECIATION CLAUSE THAT RESTRICTS THE RESALE VALUE OF A SINGLE-FAMILY RESIDENTIAL HOME THAT IS DEVELOPED ON AN ELIGIBLE SITE FOR THE FIRST FIVE TO TEN YEARS AFTER DEVELOPMENT.
[G.] [H.] A COUNTY MAY REQUIRE [SITE] [ON-SITE AND OFF-SITE] IMPROVEMENTS[,] [AND] IMPACT FEES[, PLANS AND COMPLIANCE] FOR AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT ARE THE SAME AS [SITE] [ON-SITE AND OFF-SITE] IMPROVEMENTS[,] [AND] IMPACT FEES[, PLANS AND COMPLIANCE] THAT ARE REQUIRED BY THE COUNTY FOR A COMPARABLE DEVELOPMENT PROJECT.
THE LIMITED APPRECIATION RESTRICTION MAY BE DETERMINED BY THE RELIGIOUS INSTITUTION AND MAY BE CALCULATED USING ONE OF THE FOLLOWING METHODS:
[H.
(a) AN INDEXED RATE THAT TIES THE RESALE PRICE OF A SINGLE-FAMILY HOME THAT IS DEVELOPED ON AN ELIGIBLE SITE TO AN ANNUAL CONSUMER PRICE INDEX.
UNLESS THERE IS A LOCAL ORDINANCE, A FEDERAL, STATE OR LOCAL GRANT REQUIREMENT OR A PROJECT FINANCING REQUIREMENT THAT REQUIRES A CONFLICTING RESTRICTIVE COVENANT] [BEFORE THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE RELIGIOUS INSTITUTION THAT ALLOWS DEVELOPMENT ON AN ELIGIBLE SITE OWNED BY THE RELIGIOUS INSTITUTION SHALL RECORD A DEED RESTRICTION THAT REQUIRES THE PROPERTY TO ALLOCATE FOR A PERIOD OF FIFTY-FIVE YEARS AT LEAST FORTY PERCENT OF THE UNITS IN THE ALLOWED USE DEVELOPMENT TO LOW-INCOME HOUSEHOLDS AS PRESCRIBED BY THE ARIZONA DEPARTMENT OF HOUSING.] I.
(b) A FIXED ANNUAL APPRECIATION RATE.
A RELIGIOUS INSTITUTION THAT ALLOWS AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT IS OWNED BY THE RELIGIOUS INSTITUTION SHALL -5- House Amendments to H.B.
L.
2191 NOTIFY THE COUNTY ASSESSOR IN THE COUNTY WHERE THE PROPERTY IS LOCATED IN WRITING PURSUANT TO SECTION 42-11152 THAT THE PROPERTY IS NO LONGER USED FOR THE PURPOSES THAT QUALIFY FOR EXEMPTION FROM TAXATION.
A RELIGIOUS INSTITUTION THAT ALLOWS AN ALLOWED USE DEVELOPMENT ON AN ELIGIBLE SITE THAT IS OWNED BY THE RELIGIOUS INSTITUTION SHALL NOTIFY IN WRITING ALL OF THE RESIDENTIAL NEIGHBORHOODS LOCATED WITHIN ONE-HALF MILE OF THE RELIGIOUS INSTITUTION ABOUT THE PROPOSED ALLOWED USE DEVELOPMENT.
[J.
THE RELIGIOUS INSTITUTION SHALL CONDUCT A COMMUNITY MEETING TO RECEIVE FEEDBACK FROM RESIDENTIAL NEIGHBORHOODS LOCATED WITHIN ONE-HALF MILE OF THE PROPOSED ALLOWED USE DEVELOPMENT.
M.
LAND IN AN AREA LISTED AS HISTORIC ON THE NATIONAL REGISTER OF HISTORIC PLACES.] [J.] [K.] FOR THE PURPOSES OF THIS SECTION:
LAND IN AN AREA LISTED AS HISTORIC ON THE NATIONAL REGISTER OF HISTORIC PLACES.
N.
FOR THE PURPOSES OF THIS SECTION:
"ELIGIBLE SITE" MEANS LAND OR BUILDINGS ON ONE OR MORE CONTIGUOUS PARCELS OWNED BY ONE OR MORE RELIGIOUS INSTITUTIONS.
"ELIGIBLE SITE" MEANS NOT LESS THAN THREE ACRES OF LAND ON ONE OR MORE CONTIGUOUS PARCELS THAT ARE OWNED BY A RELIGIOUS INSTITUTION.
[2.
2.
"FACING SITE" MEANS A PARCEL THAT IS DIRECTLY ACROSS A PUBLIC WAY FROM ANY PORTION OF AN ELIGIBLE SITE.] [2.
"GROUND LEASE" MEANS A SHARED EQUITY AGREEMENT ENTERED INTO BETWEEN THE OWNER OF A PIECE OF LAND AND THE OWNER OF A PIECE OF REAL PROPERTY LOCATED ON THE LAND THAT ALLOWS FOR AN EQUAL DIVISION BETWEEN THE OWNER OF THE LAND AND THE OWNER OF A PIECE OF REAL PROPERTY LOCATED ON THE LAND OF THE APPRECIATED EQUITY IN THE LAND ON THE SALE OF THE LAND.
"GROUND LEASE" MEANS A SHARED EQUITY AGREEMENT ENTERED INTO BETWEEN THE OWNER OF A PIECE OF LAND AND THE OWNER OF A PIECE OF REAL PROPERTY LOCATED ON THE LAND THAT ALLOWS FOR AN EQUAL DIVISION BETWEEN THE OWNER OF THE LAND AND THE OWNER OF A PIECE OF REAL PROPERTY LOCATED ON THE LAND OF THE APPRECIATED EQUITY IN THE LAND ON THE SALE OF THE LAND.] 3.
3.
[5.
5.
"SINGLE-FAMILY RESIDENTIAL" MEANS A DETACHED SINGLE-FAMILY HOME THAT IS INTENDED FOR USE AS PERMANENT HOUSING.] Enroll and engross to conform Amend title to conform DAVID LIVINGSTON 2191FloorLIVINGSTON.docx 03/11/2025 12:15 PM C:
"SINGLE-FAMILY RESIDENTIAL" MEANS A DETACHED SINGLE-FAMILY HOME THAT IS INTENDED FOR USE AS PERMANENT HOUSING.
LAT 2191FloorLIVINGSTON.1.docx 03/11/2025 02:25 PM H:
- 6 -
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Action History

  1. FAILED

  2. FAILED

  3. DPA

  4. PASSED

  5. DPA

  6. House Placed on Consent Calendar

  7. DP

  8. W/D

  9. House Second Reading

  10. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 91 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (91)

91 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors HB 2191?
HB 2191 is sponsored by Sarah Liguori (Democrat) and David Livingston (Republican).
What is the current status of HB 2191?
This bill died with 57th Legislature - First 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 2191?
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