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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
technical correction; prepaid legal insurance
(NOW: property rights; zoning ordinances; costs)
Purpose
Requires the legislative body of a municipality, before adopting any zoning ordinance or zoning ordinance text amendment of general applicability (text amendment), to consider a housing impact statement regarding the impact of the zoning ordinance or text amendment.
Background
Statute authorizes municipalities to adopt zoning ordinances and codes to conserve and promote the public health, safety, convenience and general welfare and outlines zoning guidelines and requirements.
The legislative body of a municipality, in accordance with the Constitution of Arizona, must consider the individual property rights and personal liberties of the residents of the municipality before adopting any zoning ordinance. Before adopting any zoning ordinance or text amendment, the legislative body of a municipality must consider the probable impact of the proposed zoning ordinance or text amendment on the cost to construct housing for rent or sale (A.R.S. § 9-462.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the legislative body of a municipality, before adopting any zoning ordinance or text amendment, to consider a housing impact statement regarding the impact of the zoning ordinance or text amendment, rather than consider the probable impact on the cost to construct housing for sale or rent.
2. Specifies that the housing impact statement must include:
a) a general estimate of the probable impact on the average cost to construct housing for sale or rent within the zoning districts to which the zoning ordinance or text amendment applies;
b) a description of any data or reference material on which the proposed zoning ordinance or text amendment is based; and
c) a description of any less costly or less restrictive alternative methods of achieving the purpose of the proposed zoning ordinance or text amendment.
3. Makes conforming changes.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Adopted the strike-everything amendment
Amendments Adopted by Committee of the Whole
1. Requires the legislative body of a municipality to consider, rather than consider and adopt, the zoning impact statement.
2. Eliminates the requirement for the zoning impact statement to include a general statement on the probable impact on individual property rights and personal liberties.
3. Reinserts the current statutory requirement for the legislative body of a municipality to consider the individual property rights and personal liberties of the residents of the municipality before adopting any zoning ordinance.
4. Specifies that the zoning impact statement must include a general estimate of the probable impact of the average cost to construct housing for sale or rent within the zoning districts to which the zoning ordinance or text amendment applies.
5. Clarifies that the zoning impact statement includes the impact of text amendments.
6. Makes conforming changes.
Senate Action
COM 2/15/23 DPA 4-3-0
Prepared by Senate Research
March 1, 2023
JT/sr