ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: GOV DP 5-4-0-0 | 3^rd Read 36-18-6-0 Senate: FICO DPA 6-1-0-0 | 3^rd Read 21-7-2-0 Final Pass: 42-15-3-0

---

HB 2721: municipal zoning; middle housing

Sponsor: Representative Carbone, LD 25

Transmitted

Overview

Adopts requirements for middle housing development.

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. Stipulates that by January 1, 2026, a municipality with 75,000 or more people must authorize by ordinance and incorporate into its development regulations, zoning regulations and other official controls the development of duplexes, triplexes, fourplexes and townhomes as a permitted use on:

a) all lots zoned for single-family residential use within one mile of the municipality's central business district; and

b) at least 20% of any new development of more than 10 contiguous acres. (Sec. 1)

2. Prohibits a municipality from:

a) discouraging the development of middle housing through requirements or actions which individually or cumulatively make impracticable the permitting, siting or construction of middle housing;

b) restricting middle housing types to less than two floors or a floor area ratio of less than 50%;

c) setting restrictions or processes for middle housing that are more restrictive than single-family dwellings in the same zone;

d) requiring owner occupancy of structures on the lot;

e) requiring structures to comply with commercial building codes or contain fire sprinklers; or

f) requiring more than one off-street parking space per unit. (Sec. 1)

3. Specifies that this legislation does not prohibit a municipality governing body from allowing:

a) single-family dwellings in areas zoned for single-family dwellings; or

b) additional types of middle housing not required by this legislation. (Sec. 1)

4. Exempts middle housing requirements from applying to:

a) unincorporated areas;

b) areas lacking sufficient urban services;

c) areas not serviced by water and sewer services;

d) areas not zoned for residential use;

e) unincorporated areas zoned under an interim zoning designation that maintains the area's potential for planned urban development;

f) areas covered under statute relating to alternative form of government for domestic water and wastewater improvement districts;

g) any land within the territory in the vicinity of a public airport or to the extent that middle housing requirements would interfere with a public airport's ability to comply with laws, regulations and requirements of the United States related to applying for, receiving or spending federal monies; or

h) any land within the territory in the vicinity of a military airport. (Sec. 1)

5. Declares that middle housing is allowed on all lots zoned for single-family residential use in a municipality without limitations if the municipality does not adopt required middle housing regulations by January 1, 2026. (Sec. 1)

6. Establishes that middle housing requirements do not change or otherwise impair the terms of any development agreement that exists on the general effective date. (Sec. 1)

7. Stipulates that a utility provider impacted by a development being developed in accordance with middle housing requirements must have the opportunity to review and approve the site plan for the development. (Sec. 1)

8. Defines:

a) building code;

b) central business district;

c) duplex;

d) floor area ratio;

e) fourplex;

f) household;

g) middle housing;

h) permitted use;

i) townhouses; and

j) triplex. (Sec. 1)

k)

l)

m) ---------- DOCUMENT FOOTER ---------

n)                         HB 2721

o) Initials SJ      Page 0 Transmitted

p)

q) ---------- DOCUMENT FOOTER ---------