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