REFERENCE TITLE: planning; home design; restrictions; prohibition

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

HB 2570

Introduced by

Representative Biasiucci

An Act

amending title 9, chapter 4, article 6, Arizona Revised Statutes, by adding sections 9-461.18 and 9-461.19; relating to municipal planning.

(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, Arizona Revised Statutes, is amended by adding sections 9-461.18 and 9-461.19, to read:

START_STATUTE9-461.18. Planning; home design

A. A municipality may not interfere with a home buyer's right to choose the features, amenities, structure, floor plan and interior and exterior design of a home. 

B. Notwithstanding any other law, a municipality may not require any of the following:

1. A homeowners' association, a condominium association or any other association. Property owners may voluntarily form or establish a homeowners' association, a condominium association or another association.

2. A shared feature or amenity that would require a homeowners' association, a condominium association or any other association to maintain or operate the feature or amenity, unless necessary for stormwater management.

3. Screening, walls or fences.

4. Private streets or roads.

C. The provisions of this section do not supersede applicable building codes, fire codes or public health and safety regulations. END_STATUTE

START_STATUTE9-461.19. Planning; applicability; lot size

A. Notwithstanding any other law, a municipality with a population of more than fifty thousand persons that is designated in whole or in part as an urban area by the United States census bureau may not adopt or enforce any code, ordinance, regulation, standard, stipulation or other requirement establishing, directly or indirectly, any of the following:

1. Maximum or minimum lot sizes on which a single-family home may be located.

2. Minimum square footage or dimensions for a single-family home.

3. Maximum or minimum lot coverage for a single-family home and any accessory structures.

4. Minimum building setbacks greater than five feet for a single-family home.

5. Design, architectural or aesthetic elements for a single-family home.

B. The provisions of this section do not supersede applicable building codes, fire codes or public health and safety regulations. END_STATUTE

Sec. 2. Short title

This act may be cited as the "Arizona Starter Homes Act".