ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session

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HB 2720: accessory dwelling units; requirements.

Sponsor: Representative Carbone, LD 25

Committee on Government

Overview

Establishes requirements relating to accessory dwelling units.

History

Current statute enumerates the general powers of cities and towns. Municipalities have the authority to buy, sell and lease property, provide for the construction or rehabilitation of housing development projects or areas and issue building permits (A.R.S. Title 9, Chapter 4).

Provisions

1. Permits a city or town with a population exceeding 75,000 people to adopt regulations that authorize on any lot or parcel where a single-family dwelling is allowed:

a) at least one attached, detached or internal accessory dwelling unit as a permitted use;

b) at least one additional accessory dwelling unit as a permitted use for accessory dwelling units on the lot or parcel that is a restricted-affordable dwelling unit; and

c) an accessory dwelling unit that is 75% of the gross floor area of a single-family dwelling unit on the same lot or parcel or 1,000 square feet, whichever is smaller. (Sec. 1)

2. Restricts a city or town from:

a) prohibiting the use or advertisement of a single-family dwelling or any accessory dwelling unit located on the same lot or parcel as separately leased long-term rental housing;

b) requiring a familial, marital, employment or other preexisting relationship between an owner or occupant of a single-family dwelling and an occupant of an accessory dwelling unit located on the same lot or parcel;

c) prohibiting or requiring kitchen facilities in an accessory dwelling unit;

d) requiring that a lot or parcel accommodate an accessory dwelling unit with additional parking or otherwise requiring fees instead of additional parking;

e) requiring an accessory dwelling unit to match the exterior design, roof pitch or finishing materials of a single-family dwelling that is located on the same lot;

f) setting restrictions on an accessory dwelling unit that are more restrictive than a single-family dwelling within the same zoning area regarding height, setbacks, lot size or coverage or building frontage;

g) setting rear or side setbacks for an accessory dwelling unit more than five feet from the property line;

h) requiring improvements to public streets as a condition of allowance for an accessory dwelling unit, unless it is affected by the construction of an accessory dwelling unit; and

i) requiring a restrictive covenant pertaining to an accessory dwelling unit on a lot or parcel zoned for residential use by a single-family dwelling. (Sec. 1)

3. Allows restrictive covenants, between private parties, concerning accessory dwelling units. (Sec. 1)

4. Prohibits a city or town from conditioning a permit, license or use of an accessory dwelling unit that adopts or implements a restrictive covenant between private parties. (Sec. 1)

5. Permits a city or town to apply building codes, fire codes or public health and safety regulations to an accessory dwelling unit. (Sec. 1)

6. Prohibits a city or town from requiring an accessory dwelling unit to comply with commercial building code or to contain fire sprinklers. (Sec. 1)

7. Stipulates that accessory dwelling units are allowed on all lots or parcels zoned for residential use in a city or town without any limits if a city or town fails to adopt development regulations by January 1, 2025. (Sec. 1)

8. Defines:

a) accessory dwelling unit;

b) gross floor area;

c) long-term rental;

d) municipality;

e) kitchen facilities;

f) permitted use; and

g) restricted-affordable dwelling unit. (Sec. 1)

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                        HB 2720

Initials SJ/AC            Page 0 Government

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