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REFERENCE TITLE: municipalities; housing; commercial redevelopment; zoning |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1506 |
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Introduced by Senators Shamp: Carroll, Gowan, Shope
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An Act
amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.10; relating to municipal 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. Municipal housing; applicability; zoning; restrictions; definitions
A. A municipality with a population of more than one hundred fifty thousand persons that is designated, in whole or in part, as an urban area by the United States census bureau shall adopt regulations that allow as a permitted use residential or mixed use on at least seventy-five percent of land located in the municipality that is zoned for commercial, office, retail or parking use.
B. A municipality may impose the following restrictions on a new structure being developed into a residential use or mixed use project:
1. A maximum height equal to or greater than two stories.
2. A maximum length of ninety feet.
3. A maximum width of forty feet or more.
4. A minimum building separation of up to ten feet.
5. For any portion of a structure that adjoins a single-family lot, setbacks of up to five feet for the first floor and up to ten feet for any floor above the first floor.
C. A municipality may impose the following restrictions on a structure being converted to residential use or mixed use through an adaptive reuse project:
1. A maximum height, length or width beyond that of the original building or the maximum for a new building, whichever is greater.
2. For any newly added portion of a building that adjoins a single-family lot, setbacks up to five feet for the first floor and up to ten feet for any floor above the first floor.
d. For a commercial redevelopment area, a municipality may impose the following restrictions:
1. A maximum lot size as long as any building that would otherwise be allowed by this section may be accommodated in any location where it would otherwise be allowed.
2. For a site greater than one-half acre, a municipality may require up to one parking space per dwelling with the following provisions:
(a) The property owner may determine the location and form of off-street parking spaces.
(b) REQUIRED parking may be located on a different lot or parcel than the building it serves.
(c) All on-street parking spaces within the commercial redevelopment area may be counted toward REQUIRED parking.
3. Requirements related to the location of and access to the following:
(a) Public rights-of-ways.
(b) PUblic sidewalks.
(c) PUblic Parks.
e. For a commercial redevelopment area, a municipality may not adopt or enforce any code, ordinance, regulation, standard, stipulation or other requirements that directly or indirectly require any of the following:
1. Zoning restrictions related to density beyond those allowed by this section.
2. Screening, walls or fences.
3. A shared feature or amenity that would require a homeowners' association, a condominium association or any other association to maintain the shared feature or amenity, unless necessary for stormwater management. Property owners may voluntarily establish or participate in an association.
f. This section does not supersede applicable building codes, fire codes or public health and safety regulations.
G. If a municipality fails to adopt development regulations as required by this section on or before January 1, 2025, residential housing shall be allowed on all land zoned for office, retail, parking or other commercial use without limitations from and after january 1, 2025.
H. For the purposes of this section:
1. "Adaptive reuse" means a development that retains at least two exterior walls of an existing building.
2. "Commercial redevelopment area" means both of the following:
(a) All parcels or lots that are redeveloped as residential use or mixed use and that are touching each other or separated only by a right-of-way.
(b) Any portion of a right-of-way that adjoins a redeveloped parcel or lot except if only one side of a street is adjoining, the commercial redevelopment area extends only to the midpoint of the street's width.
3. "Permitted use" means the ability for a development to be approved without requiring a public hearing, variance, conditional use permit, special permit or a special exception, other than a discretionary zoning action to determination that a site plan conforms with applicable zoning regulations.
4. "Zoning restriction related to density":
(a) Means any zoning requirement that restricts the number, size or location of buildings, lots or dwelling units, including:
(i) Setbacks.
(ii) Floor area ratio.
(iii) Lot coverage.
(iv) Yard size.
(v) Dimensions.
(vi) Dwelling unit density.