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REFERENCE TITLE: fractional ownership; regulation; limitation |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2569 |
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Introduced by Representative Rivero
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AN ACT
amending sections 9-500.39 and 11-269.17; relating to local regulation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-500.39, Arizona Revised Statutes, is amended to read:
9-500.39. Limitations on regulation of vacation rentals, short-term rentals and fractional ownership; state preemption; definitions
A. A city or town may not prohibit vacation rentals or short-term rentals.
B. A city or town may not restrict the use of or regulate vacation rentals or short‑term rentals based on their classification, use or occupancy.
C. A city or town may not prohibit or otherwise restrict:
1. Fractional ownership of a collectively owned dwelling unit or group of units in use or occupancy periods of four weeks or more.
2. A person with fractional ownership interest in a collectively owned dwelling unit or group of units as described in paragraph 1 of this subsection from renting out all or a portion of that person's fractional ownership interest for any period of time, including periods of thirty days or more.
D. A city or town may regulate vacation rentals, or short‑term rentals or fractional ownership for the following purposes:
1. Protection of the public's health and safety, including rules and regulations related to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste and pollution control, and designation of an emergency point of contact, if the city or town demonstrates that the rule or regulation is for the primary purpose of protecting the public's health and safety.
2. Adopting and enforcing residential use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, if the ordinance is applied in the same manner as other property classified under sections 42‑12003 and 42‑12004.
3. Limiting or prohibiting the use of a vacation rental, or a short-term rental or fractional ownership for the purposes of housing sex offenders, operating or maintaining a structured sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses.
C. E. This section does not exempt an owner of a residential rental property, as defined in section 33‑1901, from maintaining with the assessor of the county in which the property is located information required under title 33, chapter 17, article 1.
D. F. For the purposes of this section:
1. "Transient" has the same meaning prescribed in section 42‑5070.
2. "Vacation rental" or "short-term rental" 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, cooperative or timeshare, that is also a transient public lodging establishment or owner‑occupied residential home offered for transient use if the accommodations are not classified for property taxation under section 42‑12001. Vacation rental and short-term rental do not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or another similar use.
Sec. 2. Section 11-269.17, Arizona Revised Statutes, is amended to read:
11-269.17. Limitations on regulation of vacation rentals, short-term rentals and fractional ownership; state preemption; definitions
A. A county may not prohibit vacation rentals or short-term rentals.
B. A county may not restrict the use of or regulate vacation rentals or short‑term rentals based on their classification, use or occupancy.
C. A county may not prohibit or otherwise restrict:
1. Fractional ownership of a collectively owned dwelling unit or group of units in use or occupancy periods of four weeks or more.
2. A person with fractional ownership interest in a collectively owned dwelling unit or group of units as described in paragraph 1 of this subsection from renting out all or a portion of that person's fractional ownership interest for any period of time, including periods of thirty days or more.
D. A county may regulate vacation rentals, or short-term rentals or fractional ownership for the following purposes:
1. Protection of the public's health and safety, including rules and regulations related to fire and building codes, health and sanitation, transportation or traffic control, solid or hazardous waste and pollution control, and designation of an emergency point of contact, if the county demonstrates that the rule or regulation is for the primary purpose of protecting the public's health and safety.
2. Adopting and enforcing residential use and zoning ordinances, including ordinances related to noise, protection of welfare, property maintenance and other nuisance issues, if the ordinance is applied in the same manner as other property classified under sections 42‑12003 and 42‑12004.
3. Limiting or prohibiting the use of a vacation rental, or a short-term rental or fractional ownership for the purposes of housing sex offenders, operating or maintaining a structured sober living home, selling illegal drugs, liquor control or pornography, obscenity, nude or topless dancing and other adult-oriented businesses.
C. E. This section does not exempt an owner of a residential rental property, as defined in section 33‑1901, from maintaining with the assessor of the county in which the property is located information required under title 33, chapter 17, article 1.
D. F. For the purposes of this section:
1. "Transient" has the same meaning prescribed in section 42‑5070.
2. "Vacation rental" or "short-term rental" 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, cooperative or timeshare, that is also a transient public lodging establishment or owner‑occupied residential home offered for transient use if the accommodations are not classified for property taxation under section 42‑12001. Vacation rental and short-term rental do not include a unit that is used for any nonresidential use, including retail, restaurant, banquet space, event center or another similar use.