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REFERENCE TITLE: adaptive reuse; commercial buildings; zoning |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2297 |
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Introduced by Representatives Biasiucci: Bliss, Carbone, Gillette, Nguyen, Ortiz, Peña, Quiñonez, Travers
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An Act
amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.10; relating to planning and zoning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.10, to read:
9-462.10. Commercial buildings; adaptive reuse; prohibition on rezoning; applicability; definitions
A. Notwithstanding any other law, a municipality shall allow adaptive reuse development of any commercial building into residential or mixed use without an application for rezoning if the development converts at least fifty percent of the existing gross floor area into residential or mixed use.
B. The residential density in the adaptive reuse development shall be the maximum residential density allowed under the rezoning ordinance. The adaptive reuse development must have access to public sewer and water service or have access to adequate private water for the entire development.
C. Existing building setback requirements shall remain. Additional encroachments are not allowed unless existing zoning ordinances allow the encroachment or the municipality grants the encroachment.
d. If the height of the existing structure exceeds the maximum height of the zoning district, the height may remain and shall be considered nonconforming. Any rooftop construction shall be included within the height exemption.
E. The municipality shall allow high density development for adaptive reuse projects that meet all of the following criteria:
1. The project is an expansion of the existing footprint to accommodate upgrades to building and fire codes and uTILITIES. The municipality may allow additional structures within the existing footprint.
2. The development includes at least twenty percent low-income and moderate-income housing.
3. The development has access to public sewer and water service or has access to adequate private water for the entire development.
F. The project may not be subject to enforcement of any land use regulation that establishes a MINIMUM number of parking spaces that is greater than the lesser of the following:
1. The amount REQUIRED for the existing commercial use development.
2. The amount REQUIRED in land zoned for residential use that is subject to the adaptive reuse project.
g. This section does not apply to any land in an area that is designated as a district of historical significance pursuant to section 9-462.01 subsection A, paragraph 10, in an area that is designated as historic on the national register of historic places, in the immediate vicinity of a municipal, federal aviation administration commercially licensed, general aviation or military airport or ancillary military facility as defined in section 28-8461 or in a municipality that is located on tribal land.
H. For the purposes of this section:
1. "Adaptive reuse" means converting an existing structure from the use for which it was constructed to a new use by maintaining elements of the structure and adapting the elements to new use.
2. "High density" means residential density development that is equal to or greater than the maximum residential density allowed under the local general plan and zoning ordinance.
3. "Nonconforming" means structures that have received building and zoning permits under the regulations in place at the time of construction.