Religious institutions; use-by-right development
The bill modifies existing state statutes concerning zoning regulations to establish clear criteria for developments around religious institutions. Under HB2815, a use-by-right development can achieve higher density, with residential projects allowed to have up to thirty units per acre if located outside residentially zoned areas. Moreover, these projects can include ancillary uses such as childcare centers and must allocate a significant percentage of housing units for low-income households, which addresses ongoing concerns related to housing shortages in many areas of Arizona.
House Bill 2815 aims to streamline the development process for religious institutions by allowing certain residential projects to proceed without burdensome local permitting processes. Specifically, the bill states that municipalities cannot require conditional use permits or zoning applications for developments classified as 'use-by-right'. This is intended to facilitate the construction of housing and decrease the time and costs associated with obtaining permits, thus encouraging more development in community settings where religious institutions already exist.
The reception of HB2815 has been mixed. Proponents argue that it represents a critical step towards increasing affordable housing through clear and simplified processes, aiming to resolve housing crises in various communities. They emphasize the importance of allowing religious institutions more flexibility to contribute to local housing solutions. Conversely, opponents argue that the legislation might reduce local governments' authority to manage development in ways that consider community specificities, fearing that it could lead to developments that might overshadow local needs and zoning regulations.
A notable point of contention surrounding the bill revolves around the balance between facilitating development and maintaining local control. Critics express concern that the bill might undermine municipal zoning authority by limiting their ability to enforce conditions that ensure developments fit within the community’s character. Furthermore, the long-term impact of dedicating units to low-income households raises questions about its effectiveness and the adequacy of support for residents once the contractual obligations expire after fifty-five years.