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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
Senate: TTMC DP 4-2-1-0 |3rd Read 24-4-2-0 |
SB 1162: telecommunications fund; report; posting
S/E: residential zoning; housing; assessment; hearings
Sponsor: Senator Shamp, LD 29
Committee on Commerce
Summary of the Strike-Everything Amendment to SB 1162
Overview
Establishes requirements relating to zoning ordinances and a housing needs assessment.
History
Statute authorizes municipalities to adopt zoning ordinances and codes to conserve and promote the public health, safety and general welfare and outlines zoning guidelines and requirements. Municipalities must adopt, by ordinance, a citizen review process that applies to all rezoning and specific plan applications that require a public hearing (A.R.S. §§ 9-462.01 and 9-462.03).
If a municipality has a planning commission or a hearing officer, the commission or officer must hold a public hearing on any zoning ordinance. If 20% or more of the owners of the property within the zoning area of the affected property file a written protest against a proposed amendment, the change can only become effective by a favorable vote of three-fourths of all members of the governing body. If any members of the governing body are unable to vote on such a question, then the required number of votes for passage of the question is three-fourths of the remaining membership of the governing body, provided that such required number of votes cannot be less than a majority of the full membership of the legally established governing body (A.R.S. § 9-462.04).
Municipalities are statutory required to have in place an overall time frame for issuing licenses during which the municipality will either grant or deny each type of license that it issues. The overall time frame for each license type must separately state the administrative completeness review and the substantive review time frame. The municipality must issue a notice of administrative completeness or deficiencies to a license applicant within the administrative completeness review time frame. If the municipality determines that an application for a license is not administratively complete, the municipality must include a comprehensive list of the specific deficiencies in the notice to the applicant. If the municipality does not issue a notice of administrative completeness or deficiencies within the time frame, the application for the license is deemed administratively complete. If the municipality issues a timely notice of deficiencies, an application is not complete until all requested information has been received by the municipality (A.R.S. § 9-835).
Provisions
Zoning Ordinance Amendment
1. Instructs a municipality, by January 1, 2025, to adopt an amendment to the zoning ordinance that requires the determination of whether a zoning application is administratively complete within 30 after receiving the application. (Sec. 2)
2. Stipulates the municipality that determines the application is not administratively complete must follow the statutory procedures relating to administrative completeness until the application is administratively complete. (Sec. 2)
3. Instructs a municipality to determine whether a resubmitted application is administratively complete within 15 days after receiving the resubmitted application. (Sec. 2)
4. Requires the municipality to approve or deny the application within 180 days after determining that the application is administratively complete. (Sec. 2)
5. Provides reasons for which a municipality may extend the time frame to approve or deny the request beyond 180 days. (Sec. 2)
6. Specifies the requirements for a zoning ordinance amendment do not apply to:
a) land that is designated as a district of historical significance;
b) an area that is designated as historic on the national register of historic places; or
c) planned area developments. (Sec. 2)
Housing Needs Assessment; Annual Report
7. Instructs a municipality, beginning January 1, 2025, and every five years thereafter, to publish a housing needs assessment. (Sec. 3)
8. Outlines information that must be included in the housing needs assessment. (Sec. 3)
9. Instructs a municipality, beginning January 1, 2025, and every year thereafter, to submit an annual report to the Arizona Department of Housing which accounts for the total number of:
a) proposed residential housing units submitted to the municipality;
b) net new residential housing units submitted to the municipality; and
c) new residential housing units that are entitled, platted, permitted and have received a certificate of occupancy. (Sec. 3)
10. Outlines information that must be included in the annual report. (Sec. 3)
11. Requires a municipality that has previously conducted a housing needs assessment report to amend the report to include the required information as outlined. (Sec. 3)
12. Adds that the Arizona Department of Housing must submit the compiled reports relating to residential housing units to the Governor and the Legislature. (Sec. 3)
13. Specifies a municipality is not obligated to fulfill the projections in the housing needs assessment. (Sec. 3)
14. Exempts a municipality that is located on tribal land or has a population of less than 30,000 persons from the housing needs assessment and annual reporting requirements. (Sec. 3)
Miscellaneous
15. Specifies the property for which property owners within a zoning area may file a protest against a proposed zoning amendment excludes government owned property. (Sec. 1)
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19. SB 1162
20. Initials PB Page 0 Commerce
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