|
|
ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: RAGE DP 5-2-0-0 | 3rd Read 16-13-1-0House: COM DPA 5-4-1-0 |
SB 1229: planning; home design; restrictions; prohibition.
Sponsor: Senator Bolick, LD 2
Caucus & COW
Overview
Prescribes municipal restrictions relating to home design and development standards for single-family homes.
History
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).
Municipalities, for conserving and promoting the public health, safety and general welfare, may adopt zoning ordinances that: 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).
Provisions
Home Design
1. Prohibits a municipality from interfering with a home buyer's right to choose the features, amenities, structure, floor plan and interior and exterior design of a home. (Sec. 1)
2. Prohibits a municipality from requiring:
a) a shared feature or amenity that would require certain associations to maintain or operate the feature or amenity, unless required by federal law; or
b) screening, walls or fences on residential property. (Sec. 1)
3. Specifies the home design provisions:
a) do not supersede applicable building codes, fire codes or public health and safety regulations;
b) do not apply to lots or parcels that are located on tribal land, land in a high noise or accident potential zone of a military airport or ancillary military facility; and
c) apply to developments constructed after the effective date, in a municipality with a population of more than seventy thousand persons. (Sec. 1)
Home Size
4. Prohibits municipalities from adopting or enforcing any code, ordinance, regulation or other legal requirement establishing:
a) minimum lot sizes that are greater than 3,000 square feet for new developments that are 5 or more acres in size and that will be platted and located in an area zoned as single-family residential;
b) minimum square footage or dimensions for a single-family home that are more than the minimum square footage or dimensions the municipality requires for any other type of dwelling unit;
c) maximum or minimum lot coverage for a single-family home and any accessory structures on a lot less than 10,000 square feet;
d) minimum building setbacks for a single-family home that are more than 5 feet from the side lot lines and 10 feet from the front and rear lot lines; and
e) design, architectural or aesthetic elements for a single-family home, except for a single-family home on land that is designated as a district of historical significance or an area that is designated as historic on the national register of historic places. (Sec. 1)
5. Authorizes a municipality to:
a) enforce adopted minimum lot sizes greater than 3,000 square feet where multiple lots smaller than 5 acres with existing dwelling units are aggregated together;
b) enforce adopted minimum setbacks for a portion of a home that is occupied by a garage facing the street in which the minimum front setback may not exceed 18 feet from the back of the sidewalk or lot line; and
c) allow smaller lot sizes and smaller setbacks than those prescribed. (Sec. 1)
6. Allows a municipality to require:
a) the preparation and submission of acceptable electric and water utility plans and specifications; and
b) the construction of or payment for necessary public services needed to serve the new single-family homes. (Sec. 1)
7. Specifies the home size provisions:
a) do not supersede applicable building codes, fire codes, utility clearance requirements, utility easements, minimum parking requirements or public health and safety regulations;
b) do not apply to lots or parcels that are located on tribal land, on land in high noise or accident potential zone of a military airport or ancillary military facility; and
c) apply to developments constructed after the effective date, in a municipality with a population of more than seventy thousand persons. (Sec. 1)
Miscellaneous
8. Includes language relating to Legislative findings and determinations regarding housing shortages, municipal restrictive regulations, property rights and preemption of further regulating a property owner's right to use their property. (Sec. 1)
9. Defines building code, fire code, fire code official and shared feature or amenity. (Sec. 1)
10. Cites act as the "Arizona Starter Homes Act." (Sec. 2)
Amendments
Committee on Commerce
1. Adds that unless as required to meet adopted minimum retention standards, a municipality cannot require certain shared features or amenities.
2. Modifies the definition of shared feature or amenity.
3. Clarifies that a municipality is prohibited from adopting or enforcing any code, ordinance, regulation or other legal requirement establishing exterior nonstructural ornamentation, design or architectural elements for a single-family home.
4.
5.
6. ---------- DOCUMENT FOOTER ---------
7. SB 1229
8. Initials PB Page 0 Caucus & COW
9.
10. ---------- DOCUMENT FOOTER ---------