ARIZONA HOUSE OF REPRESENTATIVES

HB 2396: property; subdivision; size; requirements

PRIME SPONSOR: Representative Thorpe, LD 6

BILL STATUS: Federalism, Property Rights & Public Policy

Abstract

Relating to private property and subdivision of land.

Provisions

1. Allows private property in a rural municipality and county to contain, if occupied, up to one single-family residence per acre and may contain any of the following:

a. A yurt.

b. A hogan.

c. A recreational vehicle.

d. A prefabricated home.

e. A single-family residence. (Sec. 1, 3)

2. Requires a municipality or county to permit the division of land into lots or parcels of five acres or less if the size of the lots after the division is at least as large as the average lot within a five-mile radius. (Sec 2, 3, 4)

3. Makes technical and conforming changes. (Sec. 1-5)

Current Law

Municipalities and counties are authorized to adopt ordinances to regulate the subdivision of lands within the corporate boundaries (A.R.S. §§ 9-463.01, 11-821). Municipalities and counties are also authorized to regulate the use of land by adopting zoning ordinances in order to conserve and promote public health, safety and the general welfare.

A municipality may adopt ordinances to regulate: 1) the location, height, bulk, number of stories and size of building and structures; 2) the size and use of lots, yards, courts and other open spaces; 3) the percentage of a lot that may be occupied by a building or structure; and 3) the intensity of land use. (A.R.S. § 9-462.01). A county may adopt zoning ordinances to establish: 1) the percentage of a lot or parcel that may be covered by buildings; and 2) the size of yards, courts and other open spaces. (A.R.S. § 11-811).

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Fifty-third Legislature                  HB 2396

Second Regular Session                                                                 Version 1: Federalism, Property Rights & Public Policy

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