Arizona 2023 Regular Session

Arizona House Bill HB2773 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: accessory dwelling unit; requirements State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2773 Introduced by Representatives Austin: Aguilar, Hernandez M, Ortiz An Act amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.10; amending title 11, chapter 6, article 2, Arizona Revised Statutes, by adding section 11-820.04; relating to planning and zoning. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: accessory dwelling unit; requirements
10	10	State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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12	12	Introduced by Representatives Austin: Aguilar, Hernandez M, Ortiz
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14	14	REFERENCE TITLE: accessory dwelling unit; requirements
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40	40	HB 2773
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44	44	Introduced by
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46	46	Representatives Austin: Aguilar, Hernandez M, Ortiz
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64	64	An Act
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68	68	amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.10; amending title 11, chapter 6, article 2, Arizona Revised Statutes, by adding section 11-820.04; relating to planning and zoning.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	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: START_STATUTE9-462.10. Accessory dwelling unit; requirements; permitting; definition A. A municipality may adopt an ordinance that provides for the development of an accessory dwelling unit in an area zoned to allow single-family or multifamily use. The ordinance shall: 1. Designate areas within the municipality where an accessory dwelling unit may be permitted. 2. Impose standards for an accessory dwelling unit. THe standards: (a) May include requirements for: (i) parking. (ii) height. (iii) setbacks. (iv) landscape. (v) architectural review. (vi) Minimum and maximum size of a unit. (b) May not include requirements for minimum lot size. 3. Provide that an accessory dwelling unit may not exceed the allowable density for the lot on which the accessory dwelling unit is located. 4. Require an accessory dwelling unit to comply with all of the following: (a) The accessory dwelling unit may not be sold or otherwise conveyed separately from the primary residence. (b) The accessory dwelling unit may be either attached to or located WITHIN the proposed existing primary dwelling unit or be detached from the proposed or existing primary dwelling unit and located on the same lot as the proposed or existing primary dwelling unit. (c) The total square footage of an attached accessory dwelling unit may not exceed fifty percent of the existing primary dwelling. (d) The total square footage of a detached accessory dwelling unit may not exceed twelve hundred square feet. b. The municipality shall act on a permit application for an accessory dwelling unit within sixty days after the date the municipality receives a completed application if there is an existing single-family or multifamily dwelling on the lot. c. for the purposes of this section, "accessory dwelling unit" means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a lot with a proposed or existing primary residential unit. END_STATUTE Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-820.04, to read: START_STATUTE11-820.04. Accessory dwelling unit; requirements; permitting; definition A. A county may adopt an ordinance that provides for the development of an accessory dwelling unit in an area zoned to allow single-family or multifamily use. The ordinance shall: 1. Designate areas within the county where an accessory dwelling unit may be permitted. 2. Impose standards for an accessory dwelling unit. THe standards: (a) May include requirements for: (i) parking. (ii) height. (iii) setbacks. (iv) landscape. (v) architectural review. (vi) Minimum and maximum size of the accessory dwelling unit. (b) May not include requirements for minimum lot size. 3. Provide that an accessory dwelling unit may not exceed the allowable density for the lot on which the accessory dwelling unit is located. 4. Require an accessory dwelling unit to comply with all of the following: (a) The accessory dwelling unit may not be sold or otherwise conveyed separately from the primary residence. (b) The accessory dwelling unit may be either attached to or located WITHIN the proposed existing primary dwelling unit or be detached from the proposed or existing primary dwelling unit and located on the same lot as the proposed or existing primary dwelling unit. (c) The total square footage of an attached accessory dwelling unit may not exceed fifty percent of the existing primary dwelling. (d) The total square footage of a detached accessory dwelling unit may not exceed twelve hundred square feet. b. The county shall act on a permit application for an accessory dwelling unit within sixty days after the date the county receives a completed application if there is an existing single-family or multifamily dwelling on the lot. c. for the purposes of this section, "accessory dwelling unit" means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a lot with a proposed or existing primary residential unit. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.10, to read:
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84	84	START_STATUTE9-462.10. Accessory dwelling unit; requirements; permitting; definition
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86	86	A. A municipality may adopt an ordinance that provides for the development of an accessory dwelling unit in an area zoned to allow single-family or multifamily use. The ordinance shall:
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88	88	1. Designate areas within the municipality where an accessory dwelling unit may be permitted.
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90	90	2. Impose standards for an accessory dwelling unit. THe standards:
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92	92	(a) May include requirements for:
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94	94	(i) parking.
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96	96	(ii) height.
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98	98	(iii) setbacks.
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100	100	(iv) landscape.
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102	102	(v) architectural review.
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104	104	(vi) Minimum and maximum size of a unit.
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106	106	(b) May not include requirements for minimum lot size.
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108	108	3. Provide that an accessory dwelling unit may not exceed the allowable density for the lot on which the accessory dwelling unit is located.
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110	110	4. Require an accessory dwelling unit to comply with all of the following:
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112	112	(a) The accessory dwelling unit may not be sold or otherwise conveyed separately from the primary residence.
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114	114	(b) The accessory dwelling unit may be either attached to or located WITHIN the proposed existing primary dwelling unit or be detached from the proposed or existing primary dwelling unit and located on the same lot as the proposed or existing primary dwelling unit.
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116	116	(c) The total square footage of an attached accessory dwelling unit may not exceed fifty percent of the existing primary dwelling.
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118	118	(d) The total square footage of a detached accessory dwelling unit may not exceed twelve hundred square feet.
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120	120	b. The municipality shall act on a permit application for an accessory dwelling unit within sixty days after the date the municipality receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
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122	122	c. for the purposes of this section, "accessory dwelling unit" means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a lot with a proposed or existing primary residential unit. END_STATUTE
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124	124	Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-820.04, to read:
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126	126	START_STATUTE11-820.04. Accessory dwelling unit; requirements; permitting; definition
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128	128	A. A county may adopt an ordinance that provides for the development of an accessory dwelling unit in an area zoned to allow single-family or multifamily use. The ordinance shall:
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130	130	1. Designate areas within the county where an accessory dwelling unit may be permitted.
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132	132	2. Impose standards for an accessory dwelling unit. THe standards:
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134	134	(a) May include requirements for:
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136	136	(i) parking.
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138	138	(ii) height.
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140	140	(iii) setbacks.
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142	142	(iv) landscape.
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144	144	(v) architectural review.
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146	146	(vi) Minimum and maximum size of the accessory dwelling unit.
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148	148	(b) May not include requirements for minimum lot size.
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150	150	3. Provide that an accessory dwelling unit may not exceed the allowable density for the lot on which the accessory dwelling unit is located.
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152	152	4. Require an accessory dwelling unit to comply with all of the following:
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154	154	(a) The accessory dwelling unit may not be sold or otherwise conveyed separately from the primary residence.
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156	156	(b) The accessory dwelling unit may be either attached to or located WITHIN the proposed existing primary dwelling unit or be detached from the proposed or existing primary dwelling unit and located on the same lot as the proposed or existing primary dwelling unit.
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158	158	(c) The total square footage of an attached accessory dwelling unit may not exceed fifty percent of the existing primary dwelling.
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160	160	(d) The total square footage of a detached accessory dwelling unit may not exceed twelve hundred square feet.
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162	162	b. The county shall act on a permit application for an accessory dwelling unit within sixty days after the date the county receives a completed application if there is an existing single-family or multifamily dwelling on the lot.
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164	164	c. for the purposes of this section, "accessory dwelling unit" means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a lot with a proposed or existing primary residential unit. END_STATUTE