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REFERENCE TITLE: accessory dwelling units; requirements |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1415 |
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Introduced by Senators Hernandez: Petersen
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An Act
amending title 9, chapter 4, article 6, Arizona Revised Statutes, by adding section 9-461.18; relating to municipal planning.
(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, Arizona Revised Statutes, is amended by adding section 9-461.18, to read:
9-461.18. Accessory dwelling units; regulation; definitions
A. A municipality with a population of more than seventy-five thousand persons shall adopt regulations that allow on any lot or parcel where a single-family dwelling is allowed all of the following:
1. At least one attached, detached or internal accessory dwelling unit as a permitted use.
2. A minimum of one additional accessory dwelling unit as a permitted use for each accessory dwelling unit on the lot or parcel that is a restricted-affordable dwelling unit.
3. An accessory dwelling unit that is seventy-five percent of the gross floor area of the single-family dwelling on the same lot or parcel or one thousand square feet, whichever is less.
B. A municipality may not do any of the following:
1. Prohibit the use or advertisement of either the single-family dwelling or any accessory dwelling unit located on the same lot or parcel as separately leased long-term rental housing.
2. Require a familial, marital, employment or other preexisting relationship between the owner or occupant of a single-family dwelling and the occupant of an accessory dwelling unit located on the same lot or parcel.
3. Prohibit or require kitchen facilities in an accessory dwelling unit.
4. Require that a lot or parcel have additional parking to accommodate an accessory dwelling unit or require payment of fees instead of additional parking.
5. Require that an accessory dwelling unit match the exterior design, roof pitch or finishing materials of the single-family dwelling that is located on the same lot as the accessory dwelling unit.
6. Set restrictions for accessory dwelling units that are more restrictive than those for single-family dwellings within the same zoning area with regard to height, setbacks, lot size or coverage or building frontage.
7. Set rear or side setbacks for accessory dwelling units that are more than five feet from the property line.
8. Require improvements to public streets as a condition of allowing an accessory dwelling unit, except as necessary to reconstruct or repair a public street that is disturbed as a result of the construction of the accessory dwelling unit.
9. Require a restrictive covenant concerning an accessory dwelling unit on a lot or parcel zoned for residential use by a single-family dwelling.
C. This section does not prohibit restrictive covenants concerning accessory dwelling units entered into between private parties. The municipality may not condition a permit, license or use of an accessory dwelling unit on adopting or implementing a restrictive covenant between private parties.
D. This section does not supersede applicable building codes, fire codes or public health and safety regulations, except that a municipality may not require an accessory dwelling unit to comply with a commercial building code or contain a fire sprinkler.
E. If a municipality fails to adopt development regulations as required by this section on or before January 1, 2025, accessory dwelling units shall be allowed on all lots or parcels zoned for residential use in the municipality without limits.
F. For the purposes of this section:
1. "Accessory dwelling unit" means a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the accessory dwelling unit, that includes its own sleeping and sanitation facilities and that may include its own kitchen facilities.
2. "Gross floor area" means the interior habitable area of a single-family dwelling or an accessory dwelling unit.
3. "Long-term rental" means rental use in which the tenant holds a lease of ninety days or longer or on a month-by-month basis.
4. "Municipality" means a city or town that exercises zoning powers under this title.
5. "kitchen facilities" means a sink, refrigerator and a significant cooking appliance, including a range, stove, oven or microwave oven.
6. "Permitted use" means the ability for a development to be approved without requiring a public hearing, variance, conditional use permit, special permit or special exception, other than a discretionary zoning action to determination that a site plan conforms with applicable zoning regulations.
7. "Restricted-affordable dwelling unit" means a dwelling unit that, either through a deed restriction or a development agreement with the municipality, shall be rented or sold to households earning up to eighty percent of area median income.