HB 2928 — accessory dwelling units; requirements

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2928 3.

LAND IN AN AREA THAT IS DESIGNATED HISTORIC BY A LOCAL GOVERNMENT.

D.

E.

For the purposes of this section:

1.

"License" has the same meaning prescribed in section 9-831.

2.

"Objective" means not influenced by personal interpretation, taste or feelings of a municipal employee and verifiable by reference to an adopted benchmark, standard or criterion available and knowable by the applicant or proponent.

Sec.

4.

To require the owner of a vacation rental or short-term rental to provide the county with EMERGENCY contact information for the owner or the owner's designee who is responsible for responding to complaints or emergencies in a timely manner in person if required by public safety personnel, over the phone or by email at any time of day before offering -for 8rent -or H.B.renting the vacation rental or short-term rental.

2928 for rent or renting the vacation rental or short-term rental.

5.- 9 - H.B.

2928 5.

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2928 7.

A county that does not require a local regulatory permit or license may require the owner or owner's designee of a vacation rental or short-term rental to display the transaction privilege tax license NUMBER required by section 42-5042 on each- advertisement10 for- aH.B. vacation rental or short-term rental that the owner or owner's designee maintains.

2928 each advertisement for a vacation rental or short-term rental that the owner or owner's designee maintains.

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2928 1.

(a)- A11 felony- offenseH.B. committed at or in the vicinity of a vacation rental or short-term rental by the vacation rental or short-term rental owner or owner's designee.

2928 (a) A felony offense committed at or in the vicinity of a vacation rental or short-term rental by the vacation rental or short-term rental owner or owner's designee.

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2928 3.

A vacation rental or short-term rental that fails to apply for a local regulatory permit or license in accordance with subsection B, paragraph 5 of this section, within thirty days of the local regulatory permit- or12 license- applicationH.B. process being made available by the county issuing such permits or licenses, must cease operations.

2928 permit or license application process being made available by the county issuing such permits or licenses, must cease operations.

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2928 2.

(a) Means any individually or collectively owned single-family or one-to-four-family house or dwelling unit or any unit or group of units in a condominium or cooperative that is also a transient public lodging establishment or owner-occupied residential home offered for transient use if- the13 accommodations- areH.B. not classified for property taxation under section 42-12001.

2928 if the accommodations are not classified for property taxation under section 42-12001.

4.5.

A COUNTY SHALL ADOPT REGULATIONS THAT ALLOW ON ANY LOT OR PARCEL WHERE A SINGLE-FAMILY DWELLING IS ALLOWED ALLBOTH OF THE FOLLOWING:

3.

AN ACCESSORY DWELLING UNIT THAT IS SEVENTY-FIVE PERCENT OF THE GROSS FLOOR AREA OF THE SINGLE-FAMILY DWELLING ON THE SAME LOT OR PARCEL OR ONE THOUSAND SQUARE FEET, WHICHEVER IS LESS.

THIS PARAGRAPH DOES NOT PROHIBIT A COUNTY FROM ALLOWING AN ACCESSORY DWELLING UNIT THAT IS LARGER THAN THE SIZE OF AN ACCESSORY DWELLING UNIT THAT IS ALLOWED PURSUANT TO THIS PARAGRAPH.

A COUNTY SHALL ALLOW EACH ACCESSORY DWELLING UNIT DEVELOPED PURSUANT TO THIS SECTION TO BE AT LEAST SEVENTY-FIVE PERCENT OF THE GROSS FLOOR AREA OF THE SINGLE-FAMILY DWELLING ON THE SAME LOT OR PARCEL OR ONE THOUSAND SQUARE FEET, WHICHEVER IS LESS.

THIS SUBSECTION DOES NOT PROHIBIT A COUNTY FROM ALLOWING AN ACCESSORY DWELLING UNIT THAT IS LARGER THAN THE SIZE OF AN ACCESSORY DWELLING UNIT THAT IS ALLOWED PURSUANT TO THIS SUBSECTION.

C.

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2928 4.

SET RESTRICTIONS FOR ACCESSORY DWELLING UNITS THAT ARE MORE RESTRICTIVE THAN THOSE FOR SINGLE-FAMILY DWELLINGS WITHIN THE SAME ZONING AREA- WITH14 REGARD- TOH.B. HEIGHT, SETBACKS, LOT SIZE OR COVERAGE OR BUILDING FRONTAGE.

2928 AREA WITH REGARD TO HEIGHT, SETBACKS, LOT SIZE OR COVERAGE OR BUILDING FRONTAGE.

C.D.

D.

THIS SECTION DOES NOT SUPERSEDE APPLICABLE BUILDING CODES, FIRE CODES, SENSITIVE ENVIRONMENTAL AREA REGULATIONS, WILDFIRE PREVENTION REGULATIONS, EMERGENCY VEHICLE ACCESS REGULATIONS OR PUBLIC HEALTH AND SAFETY REGULATIONS, EXCEPT THAT A COUNTY MAY NOT REQUIRE AN ACCESSORY DWELLING UNIT TO COMPLY WITH A COMMERCIAL BUILDING CODE OR CONTAIN A FIRE SPRINKLER.

ANTHIS ACCESSORYSECTION DWELLINGDOES UNITNOT MAYSUPERSEDE NOTAPPLICABLE BEBUILDING BUILTCODES, ONFIRE TOPCODES, OFSENSITIVE AENVIRONMENTAL CURRENTAREA ORREGULATIONS, PLANNEDWILDFIRE PUBLICPREVENTION UTILITYREGULATIONS, EASEMENTEMERGENCY UNLESSVEHICLE THEACCESS PROPERTYREGULATIONS, OWNERDRAINAGE RECEIVESAND WRITTENFLOOD CONSENTCONTROL FROMREGULATIONS ANYOR UTILITYPUBLIC HEALTH AND SAFETY REGULATIONS, EXCEPT THAT ISA CURRENTLYCOUNTY USINGMAY THENOT PUBLICREQUIRE UTILITYAN EASEMENTACCESSORY ORDWELLING THATUNIT MAYTO USECOMPLY THEWITH PUBLICA UTILITYCOMMERCIAL EASEMENTBUILDING INCODE THEOR FUTURE.CONTAIN A FIRE SPRINKLER.

IFAN AACCESSORY COUNTYDWELLING FAILSUNIT TOMAY ADOPTNOT DEVELOPMENTBE REGULATIONSBUILT ASON REQUIREDTOP BYOF THISA SECTIONCURRENT ON OR BEFOREPLANNED JANUARYPUBLIC 1,UTILITY 2026,EASEMENT ACCESSORYUNLESS DWELLINGTHE UNITSPROPERTY SHALLOWNER BERECEIVES ALLOWEDWRITTEN ONCONSENT ALLFROM LOTSANY ORUTILITY PARCELSTHAT ZONEDIS FORCURRENTLY RESIDENTIALUSING USETHE INPUBLIC UTILITY EASEMENT OR THAT MAY USE THE COUNTYPUBLIC WITHOUTUTILITY LIMITS.EASEMENT IN THE FUTURE.

THISIF SECTIONA DOESCOUNTY NOTFAILS APPLY TO LOTSADOPT ORDEVELOPMENT PARCELSREGULATIONS THATAS AREREQUIRED LOCATEDBY ONTHIS TRIBALSECTION LAND, ON LANDOR INBEFORE THEJANUARY TERRITORY1, IN2026, THEACCESSORY VICINITYDWELLING OFUNITS ASHALL MILITARYBE AIRPORTALLOWED OR ANCILLARY MILITARY FACILITY AS DEFINED IN SECTION 28-8461, ON LANDALL INLOTS THE TERRITORY IN THE VICINITY OF A FEDERAL AVIATION ADMINISTRATION COMMERCIALLY LICENSED AIRPORT OR APARCELS GENERALZONED AVIATIONFOR AIRPORTRESIDENTIAL ORUSE ON LAND IN THE TERRITORYCOUNTY INWITHOUT THELIMITS. VICINITY OF A PUBLIC AIRPORT AS DEFINED IN SECTION 28-8486 THAT HAS A NOISE LEVEL OF GREATER THAN SIXTY-FIVE DECIBELS.

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2928THIS H.SECTION DOES NOT APPLY TO LOTS OR PARCELS THAT ARE LOCATED ON:

IF1. A NEW ACCESSORY DWELLING UNIT WILL NOT BE CONNECTED TO A SEWER SYSTEM OR IF THE SEWER SYSTEM LACKS CAPACITY TO SERVE THE NEW ACCESSORY DWELLING UNIT, A COUNTY MAY REQUIRE THAT ANY SEPTIC SYSTEM THAT WILL BE USED TO SERVE THE ACCESSORY DWELLING UNIT BE ADEQUATELY SIZED BEFORE THE CONSTRUCTION OF THE ACCESSORY DWELLING UNIT.

TRIBAL LAND.

2.

LAND THAT IS IN THE TERRITORY IN THE VICINITY OF A MILITARY AIRPORT OR ANCILLARY MILITARY FACILITY OR PROPERTY THAT IS IN A HIGH NOISE OR ACCIDENT POTENTIAL ZONE AS DEFINED IN SECTION 28-8461.

3.

LAND THAT IS IN THE TERRITORY IN THE VICINITY OF A FEDERAL AVIATION ADMINISTRATION COMMERCIALLY LICENSED AIRPORT OR A GENERAL AVIATION AIRPORT OR LAND THAT IS IN THE TERRITORY IN THE VICINITY OF A PUBLIC AIRPORT AS DEFINED IN SECTION 28-8486 AND THAT HAS A NOISE LEVEL OF GREATER THAN SIXTY-FIVE DECIBELS.

IF A NEW ACCESSORY DWELLING UNIT WILL NOT BE CONNECTED TO A SEWER SYSTEM OR IF THE SEWER SYSTEM LACKS CAPACITY TO SERVE THE NEW ACCESSORY DWELLING UNIT, A COUNTY MAY REQUIRE THAT ANY SEPTIC SYSTEM THAT - 15 - H.B.

2928 WILL BE USED TO SERVE THE ACCESSORY DWELLING UNIT BE ADEQUATELY SIZED BEFORE THE CONSTRUCTION OF THE ACCESSORY DWELLING UNIT.

J.

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6.

Effective Date Section 9-500.49, Arizona Revised Statutes, as amended by Laws 2025, chapter 31, section 1 and this act, is effective from and after December 31, 2025.

APPROVED BY THE GOVERNOR MAY 23, 2025.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 23, 2025.

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