ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: COM DPA 5-2-0-2

HB 2841: municipal zoning; housing overlay

Sponsor:  Representative Kern, LD 20

Caucus & COW

Overview

Requires a municipality to adopt by ordinance a Housing Affordability Zoning Overlay District.

History

Municipalities have the authority to regulate the use of buildings, structures and land within its jurisdiction by ordinance to conserve and promote the public health, safety and general welfare.  All municipal zoning regulations must be uniform to each class or kind of building, but the regulations in one type of zone may differ from those in other types of zones (A.R.S. § 9-462.01).

Provisions

Housing Affordability Zoning Overlay District (District) (Sec. 1)

1.    ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDeclares housing affordability is a matter of statewide concern.

2.    Specifies the regulation of housing within the designated District is not subject to further regulation by a city, town or political subdivision of this state, including a charter city.

3.    Requires a municipality to adopt by ordinance, prior to July 1, 2021, a District over at least 30% of all vacant land that is zoned for single-family residential use.

4.    Specifies the District may allow a subdivider to construct a qualifying development of not more than 15 dwelling units per acre for sale.

5.    Instructs the municipality to update the ordinance with each successive general plan to ensure compliance.

6.    Prohibits a municipality from:

a)    Denying a building permit or approval that is required as a condition of development or construction for failure to comply with; and

b)    Enforcing any code, ordinance, standard, or any other legal requirement relating to or regulating dwelling design elements or the location and size of open space, with exception.

7.    Allows a municipality:

a)    To limit landscaping material to approved drought-tolerant trees and plants; and

b)    Require applicable state and federal law regarding sidewalk placement and design.

8.    Exempts a code, ordinance, standard or other legal requirement that meets specified criteria from certain District requirements.

9.    Requires a municipality to grant or deny a building permit or approval that is required as a condition of development or construction within 90 days after a subdivider submits a completed application.

a)    Allows a subdivider to proceed with the development or construction without a permit or approval if the municipality does not grant or deny the application.

10.  Allows the municipality to adopt a reasonable reporting requirement to determine if the subdivider that is selling newly constructed dwellings within the qualifying development continues to meet the certification requirement.

a)    Stipulates the municipality may request the Real Estate Department revoke the subdivider's public report if it is determined that the subdivider is not in compliance.

b)    Stipulates if the subdivider fails to demonstrate to the Department, within 60 days of receiving the request, that the subdivider is in compliance, the Department must revoke the public report.

11.  Allows any action of enforcement to be brought before the superior court.

12.  Specifies the requirements and limitations placed on a municipality must be broadly construed to ensure that the municipality is not enacting regulations that discourage the development of qualifying developments through unreasonable cost or delay.

13.  Requires any District ordinance be adopted following the procedure prescribed in the citizen review process relating to public hearings.

14.  Specifies the requirements for a District does not:

a)    Prohibit a municipality from allowing the development and construction of dwelling units in accordance with the underlying zoning district or approving a rezoning request under a zoning ordinance; or

b)    Affect the validity or enforceability of private covenants or other contractual agreements among property owners relating to dwelling design elements.

15.  Defines dwelling, dwelling design elements, housing organization, minimum standard building code, objective, qualifying development and subdivider.

16.  Makes a conforming change. (Sec. 2)

Amendments

Committee on Commerce

1.    Modifies the criteria for a code, ordinance or other legal requirement to be exempt from District requirements.

2.    Increase the amount of time for approving or denying a building permit from 90 days to 120 days.

3.    Allows a municipality to withhold a certificate of occupancy or final approval for failure to comply with any object health or safety requirement.

4.    Specifies District requirements do not create any new statutory authority to regulate residential subdivision development or the design or construction of residential dwellings.

5.     

6.     

7.    ---------- DOCUMENT FOOTER ---------

8.                      HB 2841

9.    Initials PRB           Page 0 Caucus & COW

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11.  ---------- DOCUMENT FOOTER ---------