Assigned to GOV                                                                                                AS PASSED BY COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2579

 

residential zoning; park model trailers

Purpose

Requires a county to allow for the use of a park model trailer as an accessory dwelling unit for use as a single-family residence in outlined locations. Requires the park model trailer to be on a semi-permanent or permanent foundation that has utility connections and meets all drainage, floodplain, sanitary sewer or septic waste disposal requirements and all other zoning standards.

Background

A county board of supervisors may adopt a zoning ordinance in order to conserve and promote the public health, safety, convenience and general welfare. Zoning ordinances must show the zoning districts designated as appropriate for various classes of residential, business and industrial uses and must provide for the establishment of setback lines and other plans providing for adequate light, air and parking facilities and for expediting traffic within the districts. Zoning ordinances may also establish the percentage of a lot that may be covered by buildings and the size of yards, courts and other open spaces (A.R.S. § 11-811).

If a political subdivision adopts a comprehensive zoning ordinance regulating the height of buildings, an airport zoning regulation applicable to the same area or portion of the same area may be: 1) incorporated in and made a part of the comprehensive zoning regulation; and 2) administered and enforced in connection with the comprehensive zoning regulation (A.R.S. § 28-8466). A high noise or accident potential zone includes property located in: 1) Luke Air Force Base in Maricopa county; 2) Davis-Monthan Air Force Base in Pima county; 3) Yuma Marine Corps Air Station;
4) Laguna Army Airfield in Yuma county; 5) Libby Army Airfield in Cochise county; and
6) outlined ancillary military facilities (A.R.S. § 28-8461).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires a county to allow for the use of a park model trailer as an accessory dwelling unit for use as a single-family residence in a location zoned for one dwelling unit per three acres or greater, unless the parcel is located in a high noise or an accident potential zone.

2.   Requires, for parcels located in a high noise or accident potential zone, compliance with the applicable zoning requirements.

3.   Requires a park model trailer to:

a)   be on a semi-permanent or permanent foundation that has utility connections; and

b)   meet all drainage, floodplain, sanitary sewer or septic waste disposal requirements and all other zoning standards.

4.   Allows a county, for installation of a park model trailer, to:

a)   require a building permit and inspection; and  

b)   review and allow for additions, such as decks and stairs.

5.   Defines accessory dwelling unit as an independent dwelling unit that includes a kitchen and that is located on the same lot as a single-family housing unit, duplex, triplex, townhome or other housing unit.

6.   Defines park model trailer as a trailer that is a structure built on a single chassis, mounted on wheels and designed to be connected to the utilities necessary for operating installed fixtures and appliances and that has a gross interior area between 320 square feet and 400 square feet when prepared for occupancy.

7.   Becomes effective on the general effective date.

Amendments Adopted by Committee

1.   Removes the prohibition on a county on prohibiting or restricting, if all other standards regarding lot coverage and setback requirements have been met, the use of a park model trailer for a single-family residence on a residential lot or as an accessory dwelling unit by:

a)   adopting a land use regulation;

b)   adopting a general or special plan provision; or

c)   imposing as a condition for approving a building or use permit.

2.   Requires, for parcels located in a high noise or accident potential zone, compliance with the applicable zoning requirements.

3.   Requires a county to allow the use of a park model trailer as an accessory dwelling unit for use as a single-family residence in a location zoned for one dwelling unit per three acres or greater unless the parcel is located in a high noise or an accident potential zone.

4.   Requires a park model trailer to:

a)   be on a semi-permanent or permanent foundation that has utility connections; and

b)   meet all drainage, floodplain, sanitary sewer or septic waste disposal requirements and all other zoning standards.

5.   Allows a county, for installation of a park model trailer, to:

a)   require a building permit and inspection; and 

b)   review and allow for additions, such as decks and stairs.

6.   Makes technical and conforming changes.

House Action                                                           Senate Action

COM               2/15/22      DPA       10-0-0-0          GOV               3/18/22      DPA       5-0-2

3rd Read          2/23/22                     57-2-1

Prepared by Senate Research

March 21, 2022

MH/HW/slp