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REFERENCE TITLE: accessory dwelling unit; requirements |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2773 |
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Introduced by Representatives Austin: Aguilar, Hernandez M, Ortiz
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An Act
amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.10; amending title 11, chapter 6, article 2, Arizona Revised Statutes, by adding section 11-820.04; relating to planning and zoning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.10, to read:
9-462.10. Accessory dwelling unit; requirements; permitting; definition
A. A municipality may adopt an ordinance that provides for the development of an accessory dwelling unit in an area zoned to allow single-family or multifamily use. The ordinance shall:
1. Designate areas within the municipality where an accessory dwelling unit may be permitted.
2. Impose standards for an accessory dwelling unit. THe standards:
(a) May include requirements for:
(i) parking.
(ii) height.
(iii) setbacks.
(iv) landscape.
(v) architectural review.
(vi) Minimum and maximum size of a unit.
(b) May not include requirements for minimum lot size.
3. Provide that an accessory dwelling unit may not exceed the allowable density for the lot on which the accessory dwelling unit is located.
4. Require an accessory dwelling unit to comply with all of the following:
(a) The accessory dwelling unit may not be sold or otherwise conveyed separately from the primary residence.
(b) The accessory dwelling unit may be either attached to or located WITHIN the proposed existing primary dwelling unit or be detached from the proposed or existing primary dwelling unit and located on the same lot as the proposed or existing primary dwelling unit.
(c) The total square footage of an attached accessory dwelling unit may not exceed fifty percent of the existing primary dwelling.
(d) The total square footage of a detached accessory dwelling unit may not exceed twelve hundred square feet.
b. The municipality shall act on a permit application for an accessory dwelling unit within sixty days after the date the municipality receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
c. for the purposes of this section, "accessory dwelling unit" means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a lot with a proposed or existing primary residential unit.
Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-820.04, to read:
11-820.04. Accessory dwelling unit; requirements; permitting; definition
A. A county may adopt an ordinance that provides for the development of an accessory dwelling unit in an area zoned to allow single-family or multifamily use. The ordinance shall:
1. Designate areas within the county where an accessory dwelling unit may be permitted.
2. Impose standards for an accessory dwelling unit. THe standards:
(a) May include requirements for:
(i) parking.
(ii) height.
(iii) setbacks.
(iv) landscape.
(v) architectural review.
(vi) Minimum and maximum size of the accessory dwelling unit.
(b) May not include requirements for minimum lot size.
3. Provide that an accessory dwelling unit may not exceed the allowable density for the lot on which the accessory dwelling unit is located.
4. Require an accessory dwelling unit to comply with all of the following:
(a) The accessory dwelling unit may not be sold or otherwise conveyed separately from the primary residence.
(b) The accessory dwelling unit may be either attached to or located WITHIN the proposed existing primary dwelling unit or be detached from the proposed or existing primary dwelling unit and located on the same lot as the proposed or existing primary dwelling unit.
(c) The total square footage of an attached accessory dwelling unit may not exceed fifty percent of the existing primary dwelling.
(d) The total square footage of a detached accessory dwelling unit may not exceed twelve hundred square feet.
b. The county shall act on a permit application for an accessory dwelling unit within sixty days after the date the county receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
c. for the purposes of this section, "accessory dwelling unit" means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a lot with a proposed or existing primary residential unit.