HB 2721
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: GOV DP 5-4-0-0
HB 2721: municipal zoning; middle housing
Sponsor: Representative Carbone, LD 25
Caucus & COW
Overview
Adopts requirements for middle housing development.
History
Current statute enumerates the general powers of cities and towns. Municipalities have the
authority to buy, sell and lease property, provide for the construction or rehabilitation of
housing development projects or areas and issue building permits (A.R.S. Title 9, Chapter 4).
Provisions
1. Stipulates that by January 1, 2026, a city or town with 75,000 or more people must
authorize by ordinance and incorporate the development of duplexes, triplexes,
fourplexes, fiveplexes and townhomes as a permitted use on all lots zoned for single-
family residential use into its development regulations, zoning regulations and other
official controls. (Sec. 1)
2. Prohibits a city or town from:
a) discouraging the development of middle housing through unreasonable costs, fees, or
delays or other requirements and actions which individually or cumulatively make
impracticable the permitting, siting or construction of middle housing;
b) restricting middle housing types to less than two floors or a floor area ratio of less
than one;
c) setting restrictions or processes for middle housing that are more restrictive than
single-family dwellings in the same zone;
d) requiring owner occupancy of structures on the lot; or
e) requiring structures to comply with commercial building codes or contain fire
sprinklers. (Sec. 1)
3. Requires a city or town to allow a property owner to determine the location, number and
form of off-street vehicle parking spaces. (Sec. 1)
4. Specifies that this Act does not prohibit a municipality governing body from allowing:
a) single-family dwellings in areas zoned for single-family dwellings; or
b) additional types of middle housing not required by this Act. (Sec. 1)
5. Exempts middle housing requirements from applying to:
a) unincorporated areas;
b) areas lacking sufficient urban services;
c) areas not serviced by municipal water and sewer services;
d) areas not zoned for residential use; and HB 2721
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e) unincorporated areas zoned under an interim zoning designation that maintains the
area's potential for planned urban development. (Sec. 1)
6. Declares that middle housing is allowed on all lots zoned for single-family residential use
in a municipality without limitations if the city or town does not adopt required middle
housing regulations by January 1, 2026. (Sec. 1)
7. Defines:
a) duplex;
b) fiveplex;
c) floor area ratio;
d) fourplex;
e) household;
f) middle housing;
g) permitted use;
h) townhouses; and
i) triplex. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note