ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: FICO DP 4-3-0-0|3rd Read 17-13-0-0

House: COM DP 6-3-0-1

SB 1506: municipalities; housing; commercial redevelopment; zoning

Sponsor: Senator Shamp, LD 29

House Engrossed

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteOverview

Requires certain municipalities to allow residential or mixed use on a portion of its land zoned for commercial, office, retail or parking use. Outlines development standards for residential or mixed use projects.

History

Statute authorizes municipalities to adopt zoning ordinances and codes to conserve and promote the public health, safety, convenience and general welfare. A municipality may: 1) regulate the use of buildings, structures and land between agriculture residence, industry and business; 2) regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot that may be occupied by a building or structure, access to incident solar energy and the intensity of land use; 3) establish requirements for off-street parking and loading; 4) establish and maintain building setback lines; and 5) establish floodplain and age-specific community zoning districts and districts of historical significance (A.R.S. § 9-462.01).

Provisions

1.   Stipulates certain municipalities must adopt regulations that allow, as a permitted use, residential or mixed use on at least 75% of municipal land that is zoned for commercial, office, retail or parking use. (Sec. 1)

2.   Outlines restrictions that a municipality may impose, with regards to a maximum height, length and width, a minimum building separation and setbacks, on:

a)   new structures being developed into a residential use or mixed use project; and

b)   structures being converted to residential use or mixed use through an adaptive reuse project. (Sec. 1)

3.   Allows a municipality, for a commercial redevelopment area, to impose specified restrictions relating to:

a)   a maximum lot size;

b)   parking space specifications; and

c) requirements for the location of and access to public rights-of-ways, sidewalks and parks. (Sec. 1)

4.   Prohibits a municipality, for a commercial redevelopment area, from adopting or enforcing any code, ordinance, regulation or other requirements that require:

a)   zoning restrictions related to density beyond those allowed by statute;

b)   screening, walls or fences; or

c) a shared feature or amenity requiring an association to maintain the shared feature or amenity, unless necessary for stormwater management. (Sec. 1)

5.   Asserts the specified development regulations do not supersede applicable building codes, fire codes or public health and safety regulations. (Sec. 1)

6.   Stipulates the specified development regulations do not apply to land in the vicinity of a:

a)   military airport or ancillary military facility; or

b)   federal aviation administration commercially licensed airport or a general aviation or public airport. (Sec. 1)

7.   Stipulates residential housing must be allowed on all land zoned for office, retail, parking or other commercial use without limitations beginning January 2, 2025, if the municipality fails to adopt the specified development regulations by January 1, 2025. (Sec. 1)

8.   Defines pertinent terms. (Sec. 1)

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12.                    SB 1506

13.  Initials PB           Page 0 House Engrossed

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