ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: GOV DP 6-3-0-0 | 3^rd Read 46-14-0-0 Senate: FICO DPA 6-1-0-0 |3^rd Read 17-11-2-0

---

HB 2720: accessory dwelling units; requirements.

Sponsor: Representative Carbone, LD 25

Senate Engrossed

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)

Senate Amendments

1. Specifies that at least one attached and one detached accessory dwelling unit is allowed as a permitted use.

2. Clarifies that a minimum of one additional detached accessory dwelling unit is allowed as a permitted use on a lot or parcel that is one acre or more in size if at least one accessory dwelling unit on the lot or parcel is a restricted-affordable dwelling unit.

3. Eliminates the prohibition on a municipality from prohibiting or requiring kitchen facilities in an accessory dwelling unit.

4. Prohibits an accessory dwelling unit from being built on top of a current or planned public utility easement unless the property owner receives written consent from any utility that is currently using the public utility easement or that may use the public utility easement in the future.

5. Mandates that requirements relating to accessory dwelling units do not apply to lots or parcels that are located:

a) on tribal land;

b) on land in the territory in the vicinity of a military airport or ancillary military facility;

c) on land in the territory in the vicinity of a Federal Aviation Administration commercially licensed airport or a general aviation airport; or

d) on land in the territory in the vicinity of a public airport.

6. Requires the owner of a vacation or short-term rental to reside on the property if the property contains an accessory dwelling unit that was constructed on or after the general effective date and that is being used as a vacation or short-term rental.

7. Specifies that unless the statutory time period specified for action for just compensation based on diminution in value has expired, the owner requirements do not apply to a property owner who has the right to build an accessory dwelling unit on the property owner's property before the general effective date whether or not the accessory dwelling unit has been built.

8. Removes the definition of kitchen facilities.

9. Modifies the definition of restricted-affordable dwelling unit.

10. Makes technical and conforming changes.

11.

12.

13. ---------- DOCUMENT FOOTER ---------

14.                   HB 2720

15. Initials SJ/AC      Page 0 Senate Engrossed

16.

17. ---------- DOCUMENT FOOTER ---------