ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☒ Emergency (40 votes) ☐ Fiscal Note

HB 2110: development; adaptive reuse; rezoning; prohibition

Sponsor: Representative Biasiucci, LD 30

Committee on Commerce

Overview

An emergency measure that makes various revisions to statute relating to multifamily residential development and adaptive reuse.

History

Laws 2024, Chapter 141 established requirements for certain municipalities to establish objective standards to allow multifamily residential development and adaptive reuse on up to 10% of the total existing commercial, office or mixed use buildings without requiring a conditional use permit or any other application that would require a public hearing.

The objective standards established by a municipality must require: 1) a municipal site plan review and approval process requirement; 2) adequate public sewer and water service for the entire proposed development; 3) compliance with all applicable building and fire codes; 4) that the existing buildings are economically or functionally obsolete; 5) that the existing buildings are located on a parcel or parcels that are at least 1 acre in size but not more than 20 acres in size; and 6) a set aside of 10% of the total dwelling units for either moderate-income housing or low-income housing or any combination of the two for at least 20 years after the initial occupation of the proposed development.

Provisions

1.   Changes the deadline for which a municipality must establish objective standards to allow for multifamily residential development or adaptive reuse. (Sec. 1)

2.   Removes language relating to the percentage cap of buildings within the municipality that must allow for multifamily residential development or adaptive reuse. (Sec. 1)

3.   Deletes language allowing a municipality to modify the percentage of buildings available for multifamily residential development or adaptive reuse every 10 years. (Sec. 1)

4.   Requires a municipality to allow for multifamily residential development or adaptive reuse of at least 10% of the existing commercial, office or mixed use parcels. (Sec. 1)

5.   Allows a municipality, in determining the minimum percentage of eligible parcels, to analyze the commercial, office and mixed use parcels every 10 years. (Sec. 1)

6.   Prohibits a municipality from:

a)   designating individual parcels that are eligible for multifamily residential development or adaptive reuse;

b)   excluding commercial, office or mixed use parcels from multifamily residential develop or adaptive reuse other than as permitted or if 10% of the parcels have already been develop or adapted for reuse; and

c) excluding commercial, office or mixed use parcels from multifamily residential development or adaptive reuse if the average sound level at the parcel is below 65 decibels. (Sec. 1)

7.   Removes the allowable height limitation of 5 stories for a multifamily residential development. (Sec. 1)

8.   Clarifies a municipality may limit the height to 2 stories in the areas of a multifamily residential development site directly adjacent to and within 70, rather than 100, feet of single-family residential zones. (Sec. 1)

9.   Deletes language relating to a multifamily residential development qualifying as being within 1 mile of certain buildings. (Sec. 1)

10.  Adds that a municipality may allow for greater height in the remainder of the multifamily resident development site. (Sec. 1)

11.  Clarifies the requirements for setbacks and maximum height for adaptive reuse. (Sec. 1)

12.  Deletes language relating to easements that are located within setback areas. (Sec. 1)

13.  Replaces the term buildings with parcels as appropriate. (Sec. 1)

14.  Modifies the definitions for low-income housing, moderate-income housing and nonconforming. (Sec. 1)

15.  Makes technical and clarifying changes. (Sec. 1)

16.  Applies the revisions for multifamily residential development and adaptive reuse retroactively to January 1, 2025. (Sec. 2)

17.  Contain an emergency clause. (Sec. 3)

18.   

19.   

20.  ---------- DOCUMENT FOOTER ---------

21.                    HB 2110

22.  Initials PB           Page 0 Commerce

23.   

24.  ---------- DOCUMENT FOOTER ---------