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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
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HB 2928: accessory dwelling units; requirements
Sponsor: Representative Carbone, LD 25
Committee on Government
Overview
Prescribes regulations counties must adopt regarding a lot or parcel where a single-family dwelling is allowed.
History
An accessory dwelling unit is defined 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 accessory dwelling unit, that includes its own sleeping and sanitation facilities and that might also include its own kitchen facilities.
A municipality with a population greater than 75,000 persons is required to adopt regulations allowing, for any lot where a single-family dwelling is allowed, at least one attached and one detached accessory dwelling unit as a permitted use. A municipality is not allowed to prohibit the use or advertisement of either the single-family dwelling or any accessory dwelling unit located on the same lot, parcel or 1000 square feet, whichever is less (A.R.S. § 9-461.18).
Provisions
1. Adds language requiring a noise level over 65 decibels to the areas that are exempt from related specified regulations. (Sec. 1)
2. Allows counties to regulate vacation or short-term rentals by requiring the owner of a vacation or short-term rental to reside on the property if it contains an accessory dwelling unit, with an exemption. (Sec. 2)
3. Requires a county to adopt regulations allowing, on any lot or parcel where a single-family dwelling is allowed, all the following:
a) one attached and detached accessory dwelling unit for permitted use;
b) on a lot or parcel with an area greater than one acre and that contains at least one restricted-affordable unit, then the county must allow at least one additional detached accessory dwelling unit; and
c) an accessory dwelling unit that is one thousand square feet or 75% of the gross floor area of the single-family dwelling, whichever is less. (Sec. 3)
4. Prohibits a county from imposing restrictions that:
a) prohibit the use or advertisement of a single-family dwelling or any accessory dwelling unit located on the same lot or parcel of a separately leased long-term rental housing;
b) requires a preexisting relationship between the owner or occupant of a single-family dwelling and occupant of an accessory dwelling unit on the same lot or parcel;
c) require additional parking or the payment of fees to accommodate an accessory dwelling unit;
d) require the accessory dwelling unit to match the specified design or materials of the single-family dwelling unit;
e) impose additional restrictions for accessory dwelling units compared to those for single-family dwelling within the same zoning area;
f) set rear or side setbacks for accessory dwelling units more than five feet away from the property line;
g) require public street improvements as a condition of allowing an accessory dwelling unit, with an exception; and
h) mandate a restrictive covenant concerning an accessory dwelling unit on a lot or parcel zoned for residential use by a single-family dwelling. (Sec. 3)
5. Specifies the above regulations and prohibitions does not supersede applicable codes, with an exception for a commercial building code. (Sec. 3)
6. Prohibits an accessory dwelling unit from being built on top of a current or planned public utility easement unless written consent is obtained. (Sec. 3)
7. Asserts that if a county fails to adopt the above regulation by January 1, 2026, accessory dwelling units will be allowed on all lots or parcels zoned for residential use in that county. (Sec. 3)
8. Creates an exception for all above regulations for lots or parcels on tribal land, land in the vicinity of a military airport, ancillary military facility, general aviation airport, federal aviation administration commercially licensed airport or public airport within certain noise requirements. (Sec. 3)
9. Defines accessory dwelling unit, gross floor area, long-term rental, permitted use and restricted-affordable dwelling unit. (Sec. 3)
10. Makes technical and conforming changes. (Sec. 1, 2)
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HB 2928
Initials JH/SR Page 0 Government
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