HB 2570
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: COM DP 8-1-1-0
HB 2570: planning; home design; restrictions; prohibition
Sponsor: Representative Biasiucci, LD 30
Caucus & COW
Overview
Creates municipal prohibitions relating to home designs and single-family home lot sizes.
History
Pursuant to A.R.S. § 9-462.01, the legislative body of any municipality by ordinance, to
conserve and promote the public health, safety and general welfare, may:
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 municipal planning agency cannot require as part of a subdivision regulation or zoning
ordinance that a subdivider or developer establish an association. A subdivider or develop
cannot be penalized because a real estate subdivision or development does not include a
planned community. A municipality may require a subdivider or developer to establish an
association to maintain private, common or community owned improvements that are
approved and installed as part of a preliminary plat, final plat or specific plat. A municipality
cannot require that an association be formed or operated other than for the maintenance of
common areas or community owned property. (A.R.S. § 9-461.15)
Provisions
1. Prevents a municipality from interfering with a home buyer's right to choose the home
design features, amenities, structure, floor plan and interior and exterior design. (Sec. 1)
2. Prohibits a municipality from requiring:
a) a homeowners' association, condominium association or any other association;
b) a shared feature or amenity that wo uld require a homeowners' association,
condominium association or any other association to maintain or operate the feature
or amenity, unless necessary for stormwater management;
c) screening, walls or fences; or
d) private streets or roads. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2570
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3. Stipulates property owners may voluntarily form or establish a homeowners' association,
condominium association or any other association. (Sec. 1)
4. Asserts the planning and home design prohibitions do not supersede applicable building
codes, fire codes or public health and safety regulations. (Sec. 1)
5. Prohibits a municipality that is designated in whole or in part as an urban area with a
population of more than 50,000 persons from adopting or enforcing any code, ordinance,
regulation or other requirement establishing:
a) maximum or minimum lot sizes on which a single-family home may be located;
b) minimum square footage or dimensions for a single-family home;
c) maximum or minimum lot coverage for single-family home and any accessory
structures;
d) minimum building setbacks greater than five feet for a single-family home; or
e) design, architectural or aesthetic elements for a single-family home. (Sec. 1)
6. Asserts the prohibitions relating to lot sizes and setbacks do not supersede applicable
building codes, fire codes or public health safety regulations. (Sec. 1)
7. Cites this Act as the Arizona Starter Homes Act. (Sec. 2)