ARIZONA STATE SENATE RESEARCH STAFF TO: MEMBERS OF THE SENATE COMMERCE COMMITTEE DATE: February 13, 2023 SUBJECT: Strike everything amendment to S.B. 1131, relating to zoning ordinances; property rights; costs Purpose Requires the legislative body of a municipality, before adopting any zoning ordinance or zoning ordinance text amendment of general applicability (text amendment), to consider and adopt an individual property rights cost of housing impact statement regarding the impact of the zoning ordinance. Background Statute authorizes municipalities to adopt zoning ordinances and codes to conserve and promote the public health, safety, convenience and general welfare and outlines zoning guidelines and requirements. The legislative body of a municipality, in accordance with the Constitution of Arizona, must consider the individual property rights and personal liberties of the residents of the municipality before adopting any zoning ordinance. Before adopting any zoning ordinance or text amendment, the legislative body of a municipality must consider the probable impact of the proposed zoning ordinance or text amendment on the cost to construct housing for rent or sale (A.R.S. ยง 9-462.01). There is no anticipated fiscal impact to the state General Fund associated with this legislation. Provisions 1. Requires the legislative body of a municipality, before adopting any zoning ordinance or text amendment, to consider and adopt an individual property rights cost of housing impact statement regarding the impact of the zoning ordinance, rather than only consider the: a) individual property rights and personal liberties of residents; and b) probable impact on the cost to construct housing for sale or rent. 2. Specifies that the individual property rights housing impact statement must include: a) a general statement of probable impact of the proposed zoning ordinance or text amendment on the individual property rights and personal liberties of the property owners of the municipality in accordance with the Constitution of Arizona; b) a general estimate of the probable impact on the cost to construct housing for sale or rent; c) a description of any data or reference material on which the proposed zoning ordinance or text amendment is based; and d) a description of any less costly or less restrictive alternative methods of achieving the purpose of the proposed zoning ordinance or text amendment. 3. Makes conforming changes. 4. Becomes effective on the general effective date. JASON THEODOROU LEGISLATIVE RESEARCH ANALYST COMMERCE COMMITTEE Telephone: (602) 926-3171