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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
accessory dwelling unit; requirements
Purpose
Requires certain municipalities to adopt regulations that allow accessory dwelling units (ADU) on any lot or parcel where a single-family dwelling is allowed. Outlines development standards for the ADUs.
Background
Current statute requires each
municipality's planning agency and governing body to prepare and adopt, in
coordination with the Arizona State Land Department, a comprehensive,
long-range general plan for the development of the municipality. The general
plan must include a statement of community goals and development policies,
including maps and plan proposals (A.R.S.
§ 9-461.05). After a municipality has adopted a
general plan, or plan amendment, the planning agency must investigate and make
recommendations to the governing body for putting into effect the general plan
in order that it will serve as a pattern and guide for the orderly growth and
development of the municipality. The measures recommended may include plans,
regulations, financial reports and capital budgets (A.R.S.
§ 9-461.07). The planning agency may, and if so
directed by the governing body must, prepare specific plans based on the
general plan and drafts of such regulations, programs and legislation as may be
required for the systematic execution of the general plan, including zoning
ordinances and subdivision regulations (A.R.S.
§ 9-461.08).
Municipalities are authorized 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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires a municipality with a population of more than 75,000 persons to adopt regulations that allow on any lot or parcel where a single-family dwelling is allowed all of the following:
a) at least one attached, detached or internal ADU as a permitted use;
b) a minimum of one additional ADU as a permitted use for each ADU on the lot or parcel that is a restricted-affordable dwelling unit; and
c) an ADU that is 75 percent of the gross floor area of the single-family dwelling on the same lot or parcel or 1,000 square feet, whichever is less.
2. Prohibits a municipality from:
a) prohibiting the use or advertisement of either the single-family dwelling or any ADU 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 the owner or occupant of a single-family dwelling and the occupant of an ADU located on the same lot or parcel;
c) prohibiting or requiring kitchen facilities in an ADU;
d) requiring that a lot or parcel have additional parking to accommodate an ADU or requiring payment of fees instead of additional parking;
e) requiring that an ADU match the exterior design, roof pitch or finishing materials of the single-family dwelling that is located on the same lot as the ADU;
f) setting restrictions for ADUs that are more restrictive than those for single-family dwellings within the same zoning area with regard to height, setbacks, lot size or coverage or building frontage;
g) setting rear or side setbacks for ADUs that are more than five feet from the property line;
h) requiring improvements to public streets as a condition of allowing an ADU, except as necessary to reconstruct or repair a public street that is disturbed as a result of the construction of the ADU; or
i) requiring a restrictive covenant concerning an ADU on a lot or parcel zoned for residential use by a single-family dwelling.
3. Specifies that the ADU requirements do not prohibit restrictive covenants concerning ADUs entered into between private parties.
4. Prohibits a municipality from conditioning a permit, license or use of an ADU on adopting or implementing a restrictive covenant between private parties.
5. Specifies that the ADU requirements do not supersede applicable building codes, fire codes or public health and safety regulations.
6. Prohibits a municipality from requiring an ADU to comply with a commercial building code or contain a fire sprinkler.
7. Requires, if a municipality fails to adopt the ADU requirements by January 1, 2025, ADUs to be allowed on all lots or parcels zoned for residential use in the municipality without limits.
8. Defines ADU as a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the AD, that includes its own sleeping and sanitation facilities and that may include its own kitchen facilities.
9. Defines gross floor area as the interior habitable area of a single-family dwelling or an ADU.
10. Defines long-term rental as rental use in which the tenant holds a lease of 90 days or longer or on a month-by-month basis.
11. Defines municipality as a city or town that exercises zoning powers in accordance with statute.
12. Defines kitchen facilities as a sink, refrigerator and a significant cooking appliance, including a range, stove, oven or microwave oven.
13. Defines permitted use as the ability for a development to be approved without requiring a public hearing, variance, conditional use permit, special permit or special exception, other than a discretionary zoning action to determination that a site plan conforms with applicable zoning regulations.
14. Defines restricted-affordable dwelling unit as a dwelling unit that, either through a deed restriction or a development agreement with the municipality, must be rented or sold to households earning up to 80 percent of area median income.
15. Becomes effective on the general effective date.
Prepared by Senate Research
February 8, 2024
JT/cs