HB 2096
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: NREW DPA 5-4-0-0
HB 2096: tiny homes; construction; requirements; exemptions
cottage homes; construction; requirements; exemptions
Sponsor: Representative Parker B, LD 10
House Engrossed
Overview
Prescribes restrictions for counties relating to building permits for single-family homes,
accessory dwelling units and detached garages.
History
A board of supervisors of a county is permitted to adopt a zoning ordinance in order to
conserve and promote the public health, safety, convenience and general welfare. Statute
outlines what can and cannot be included in zoning ordinance (A.R.S. §§ 11-811 and 11-812).
A county zoning ordinance can be enforced by means of withholding building permits for the
construction, reconstruction, alteration or use of any building within a zoning district covered
by the county zoning ordinance. A building permit is not required for repairs or improvements
with a value equal to or less than $500 (A.R.S. § 11-815).
County building code requirements do not apply to: 1) construction or operation incidental to
construction and repair to irrigation and drainage ditches of regularly constituted districts
or reclamation districts or to farming or other work on rural land for fire prevention purposes;
and 2) devices used in manufacturing, processing or fabrication normally considered to be
involved in the construction of energy, gas or other public utility systems (A.R.S. § 11-865).
Provisions
Cottage Home Requirements
1. Requires a county to ensure that its land use requirements, zoning rules, building codes
and housing policies maximize the ease of constructing residences on residential rural
land and the affordability of residing on residential rural land. (Sec. 1)
2. Prohibits a county from requiring a building permit for constructing one single-family
home, accessory dwelling unit or detached garage on a lot that meets all of the following:
a) the lot is located on residential rural land;
b) the single-family home and any accessory dwelling unit have 600 square feet or less
of interior space not including loft space and 400 square feet or less of attached deck,
porch or patio space;
c) the single-family home and any accessory dwelling unit are single-story structures;
d) any detached garage has 400 square feet or less of interior space;
e) the single-family home, accessory dwelling unit or detached garage are on a semi-
permanent or permanent foundation;
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2096
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f) the single-family home and any accessory dwelling unit have utility connections to an
outside utility service or have on-site electrical generation capacity, a water storage
tank and a wastewater treatment system;
g) the single-family home and any accessory dwelling unit and detached garage are at
least six feet from each other and are either unconnected stand-alone buildings or are
connected by a gangway that is between six and 18 feet in length;
h) the single-family home and any accessory dwelling unit comply with any county
setback requirements that are applicable to residential buildings in the zoning
classification of the lot;
i) the single-family home, accessory dwelling unit or detached garage are built by the
owners of the property; and
j) the owner constructed the single-family home, accessory dwelling unit or detached
garage without intent to sell or rent. (Sec. 1)
3. Specifies that a zoning requirement cannot prohibit constructing a single-family home,
accessory dwelling unit or detached garage that are adjacent to each other if they are at
least six feet apart. (Sec. 1)
4. States that owners who do not sell or rent the single-family home, accessory dwelling unit
or detached garage for at least 12 months after construction is completed are deemed to
have constructed without the intent to sell or rent. (Sec. 1)
Permit Requirements
5. Allows a county to require the property owner to submit a building permit application if
the property owner believes the single-family home, accessory dwelling unit or detached
garage is compliant with the cottage homes requirements and the county does not have
evidence of noncompliance. (Sec. 1)
6. Specifies that the building permit requirements cannot exceed the requirements
established by this legislation. (Sec. 1)
7. States that if a county fails to approve a building permit application within 15 days of it
being submitted, the application is deemed approved. (Sec. 1)
8. Requires a county that denies a building permit application to provide the applicant with
a detailed explanation for the reasons of denial. (Sec. 1)
9. Allows an applicant to appeal the county's denial. (Sec. 1)
10. Prohibits a county from:
a) requiring a building permit for solar or wind power equipment that is installed at any
single-family home, accessory dwelling unit or detached garage that is not connected
to an outside utility service;
b) requiring a wastewater, sewage or gray water permit for any single-family home or
accessory dwelling unit if the owner attests that the residence or unit is compliant
with gray water use requirements and will not be connected to an outside utility
service; and
c) imposing on single-family homes, accessory dwelling units or detached garages any
zoning or construction requirements that differ from the cottage homes requirements
as outlined. (Sec. 1)
11. States that a county is prohibited from requiring a building permit for a greenhouse built
on residential rural land if the greenhouse: HB 2096
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a) is constructed of light framing materials and methods;
b) is not larger than 400 square feet;
c) wall heights are not more than eight feet with a maximum roof peak height of 18 feet;
and
d) electrical, plumbing or mechanical systems are only installed if the property is not
connected to a public electrical or water utility and the structures are compliant with
gray water use requirements. (Sec. 1)
12. Specifies that if the property is not compliant with gray water reuse requirements, only
one water line can be installed as a stand-alone standpipe. (Sec. 1)
Compliance, Affidavit and Civil Action Procedures
13. Prohibits a county from requiring a building inspection for any single-family home or
accessory dwelling unit that complies with the cottage home requirements, unless:
a) the county has evidence demonstrating noncompliance; or
b) the single-family home or accessory dwelling unit is located in a floodplain and the
inspection is limited to floodplain restrictions. (Sec. 1)
14. Instructs the county to require the property owner to:
a) file an affidavit with a specified statement; and
b) submit a self-prepared site plan that lists general information about the site of the
planned construction and materials to be used. (Sec. 1)
15. Prohibits a county from restricting construction because of any perceived deficiency of a
site plan that includes certain requirements. (Sec. 1)
16. Prohibits a county from requiring blueprints of the structure or that the site plan be
prepared by an engineer. (Sec. 1)
17. Requires the property owner to submit to the county recorder a copy of the site plan and
a written notice that the construction and improvements have been completed. (Sec. 1)
18. Allows a county to require the builder of a single-family home, accessory dwelling unit or
detached garage to file an affidavit with the county recorder attesting compliance with
the cottage home requirements. (Sec. 1)
19. Restricts a county from conducting code enforcement or imposing penalties against any
single-family home, accessory dwelling unit or detached garage that is compliant with the
cottage homes requirements but was constructed before the effective date of this
legislation. (Sec. 1)
20. Allows a county to require the owner of a single-family home, accessory dwelling unit or
detached garage constructed before the cottage home requirements become effective to
submit a site plan, submit a building permit application or file an affidavit attesting
compliance. (Sec. 1)
21. States that if a property owner submits an affidavit as prescribed, a county must presume
compliance and cannot take enforcement action unless the county has evidence of
noncompliance. (Sec. 1)
22. Allows a property owner to bring a civil action to court if a county imposes a penalty on a
property owner or takes an enforcement action related to the construction of a single-
family home, accessory dwelling unit or detached garage that the property owner believes
to be compliant. (Sec. 1) HB 2096
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23. States that if the trier of fact determines that the construction followed the cottage home
requirements, the county:
a) cannot impose penalties or enforcement against the property owner; and
b) must reimburse the property owner for actual costs incurred plus $100 per day
beginning when the enforcement actions were taken until the conclusion of the action.
(Sec. 1)
24. Specifies that actual costs include costs related to the property, legal costs and fees and
wages and income lost as a result of responding to the county's enforcement actions.
(Sec.1)
Exemptions and Applications
25. Specifies that this legislation does not exempt a single-family home, accessory dwelling
unit or detached garage from any appliable floodplain restrictions. (Sec. 1)
26. States that this legislation applies to a county with a population of less than 400,000.
(Sec. 1)
27. Exempts, in a county with a population of less than 400,000, the construction of a single-
family home, accessory dwelling unit or detached garage that complies with the cottage
home requirements from county permit requirements. (Sec. 4)
28. Exempts a single-family home, accessory dwelling unit or detached garage that complies
with the cottage home requirements and is located in a county with a population of less
400,000 from county building codes. (Sec. 5 and 6)
Miscellaneous
29. Prohibits, in a county with a population of less than 400,000, a county zoning ordinance
from imposing penalties beyond the outlined penalties for single-family homes, accessory
dwelling units or detached garages that are compliant with the cottage home
requirements. (Sec. 2)
30. Prohibits, in a county with a population of less than 400,000, a county ordinance from
preventing, restricting or otherwise regulating the use or occupation of land or
improvements on land that conform with the cottage home requirements. (Sec. 3)
31. Cites this legislation as the Cottage Homes Act. (Sec. 7)
32. Defines relevant terms. (Sec. 1)
33. Makes technical and conforming changes. (Sec. 2-6)