REFERENCE TITLE: religious institutions; development; allowed use State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2191 Introduced by Representatives Livingston: Liguori AN ACT amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.14; amending title 11, chapter 6, article 2, Arizona Revised Statutes, by adding section 11-820.05; relating to zoning. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: religious institutions; development; allowed use
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2191
Introduced by Representatives Livingston: Liguori
REFERENCE TITLE: religious institutions; development; allowed use
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2191
Introduced by
Representatives Livingston: Liguori
AN ACT
amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.14; amending title 11, chapter 6, article 2, Arizona Revised Statutes, by adding section 11-820.05; relating to zoning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.14, to read: START_STATUTE9-462.14. Religious institutions; allowed use developments; requirements; definitions A. Notwithstanding any local zoning ordinance, any single-family and multifamily residential housing development on any eligible site is considered an allowed use development if the development meets all of the following requirements: 1. Is not WITHIN seventy-five feet of a neighboring site. 2. Has at least one parking space per unit or meets the municipal zoning requirements for parking, whichever is less. 3. Meets all local regulations for water and sewer access. 4. Is on an eligible site that has been owned by a religious institution for at least the three years preceding the planned allowed use development. 5. Is on an eligible site that is not located within one-half mile of heavy industrial use, an airport or a military base. B. The height requirements for an allowed use development on an eligible site must meet one of the following: 1. Be not more than thirty-eight feet and three full floors. 2. Be the maximum height allowable by the current municipal zoning regulations for retail, office, residential or mixed use. 3. be not more than the height of a previously existing structure on the eligible site. 4. be not more than The height of any existing building within one-fourth mile of the eligible site, except for buildings developed pursuant to this section. c. Minimum setback requirements for an allowed use development on an eligible site must meet one of the following: 1. be at least eight feet for the front, side and rear of the eligible site. 2. be The setbacks allowable by the current municipal zoning regulations for retail, office, residential or mixed use. 3. be at least The setbacks of a previously existing structure on the eligible site. 4. be at least The setbacks existing on any neighboring site or facing site. D. The greatest maximum lot coverage for an allowed use development on an eligible site must meet one of the following: 1. be not more than Coverage of eighty percent of the eligible site. 2. be The coverage allowable by the current municipal zoning regulations for retail, office, residential or mixed use. 3. be not more than The impervious lot coverage in existence on the eligible site at the time of the submission of the development application. 4. be not more than The coverage EXISTING on any neighboring site or facing site. E. A municipality may not impose any additional restrictions on an allowed use development on an eligible site other than the restrictions provided in subsections a, b, c and d of this section. F. A municipality may require additional permits for an allowed use development on an eligible site if the same permits are required by the municipality for a comparable development project. Permits required by a municipality for an allowed use development on an eligible site shall be approved by the municipality administratively and the municipality may not require a public hearing. G. A municipality may require site improvements and impact fees for an allowed use development on an eligible site that are the same as site improvements and impact fees that are required by the municipality for a comparable development project. H. Unless there is a local ordinance, a federal, state or local grant requirement or a project financing requirement that requires a conflicting restrictive covenant, the religious institution that allows development on an eligible site owned by the religious institution shall record a deed restriction that requires the property to allocate for a period of fifty-five years at least forty percent of the units in the allowed use development to low-income households as prescribed by the arizona department of housing. I. A religious institution that allows an allowed use development on an eligible site that is owned by the religious institution shall notify the county assessor in the county where the property is located in writing pursuant to section 42-11152 that the property is no longer used for the purposes that qualify for exemption from taxation. J. For the purposes of this section: 1. "eligible site" means land or buildings on one or more contiguous parcels owned by one or more religious institutions. 2. "Facing site" means a parcel that is directly across a public way from any portion of an eligible site. 3. "Neighboring site" means a parcel that directly abuts an eligible site along an existing road. 4. "Religious institution" means an institution that is owned, controlled, operated and maintained by a church, religious denomination or religious organization that is lawfully operating as a nonprofit religious corporation. END_STATUTE Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-820.05, to read: START_STATUTE11-820.05. Religious institutions; allowed use developments; requirements; definitions A. Notwithstanding any county zoning ordinance, any single-family and multifamily residential housing development on any eligible site is considered an allowed use development if the development meets all of the following requirements: 1. Is not WITHIN seventy-five feet of a neighboring site. 2. Has at least one parking space per unit or meets the county zoning requirements for parking, whichever is less. 3. Meets all county regulations for water and sewer access. 4. is on an eligible site that has been owned by a religious institution for at least the three years preceding the planned allowed use development. 5. is on an eligible site that is not located within one-half mile of heavy industrial use, an airport or a military base. B. The height requirements for an allowed use development on an eligible site must meet one of the following: 1. be not more than thirty-eight feet and three full floors. 2. be The maximum height allowable by the current county zoning regulations for retail, office, residential or mixed use. 3. be not more than The height of a previously existing structure on the eligible site. 4. be not more than The height of any existing building within one-fourth mile of the eligible site, except for buildings developed pursuant to this section. c. Minimum setback requirements for an allowed use development on an eligible site must meet one of the following: 1. be at least eight feet for the front, side and rear of the eligible site. 2. be The setbacks allowable by the current county zoning regulations for retail, office, residential or mixed use. 3. be at least The setbacks of a previously existing structure on the eligible site. 4. be at least The setbacks existing on any neighboring site or facing site. D. The greatest maximum lot coverage for an allowed use development on an eligible site must meet one of the following: 1. be not more than Coverage of eighty percent of the eligible site. 2. be The coverage allowable by the current county zoning regulations for retail, office, residential or mixed use. 3. be not more than The impervious lot coverage in existence on the eligible site at the time of the submission of the development application. 4. be not more than The coverage EXISTING on any neighboring site or facing site. E. A county may not impose any additional restrictions on an allowed use development on an eligible site other than the restrictions provided in subsections a, b, c and d of this section. F. A county may require additional permits for an allowed use development on an eligible site if the same permits are required by the county for a comparable development project. Permits required by a county for an allowed use development on an eligible site shall be approved by the county administratively and the county may not require a public hearing. G. A county may require site improvements and impact fees for an allowed use development on an eligible site that are the same as site improvements and impact fees that are required by the county for a comparable development project. H. Unless there is a local ordinance, a federal, state or local grant requirement or a project financing requirement that requires a conflicting restrictive covenant, the religious institution that allows development on an eligible site owned by the religious institution shall record a deed restriction that requires the property to allocate for a period of fifty-five years at least forty percent of the units in the allowed use development to low-income households as prescribed by the arizona department of housing. I. A religious institution that allows an allowed use development on an eligible site that is owned by the religious institution shall notify the county assessor in the county where the property is located in writing pursuant to section 42-11152 that the property is no longer used for the purposes that qualify for exemption from taxation. J. For the purposes of this section: 1. "eligible site" means land or buildings on one or more contiguous parcels owned by one or more religious institutions. 2. "Facing site" means a parcel that is directly across a public way from any portion of an eligible site. 3. "Neighboring site" means a parcel that directly abuts an eligible site along an existing road. 4. "Religious institution" means an institution that is owned, controlled, operated and maintained by a church, religious denomination or religious organization that is lawfully operating as a nonprofit religious corporation. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.14, to read:
START_STATUTE9-462.14. Religious institutions; allowed use developments; requirements; definitions
A. Notwithstanding any local zoning ordinance, any single-family and multifamily residential housing development on any eligible site is considered an allowed use development if the development meets all of the following requirements:
1. Is not WITHIN seventy-five feet of a neighboring site.
2. Has at least one parking space per unit or meets the municipal zoning requirements for parking, whichever is less.
3. Meets all local regulations for water and sewer access.
4. Is on an eligible site that has been owned by a religious institution for at least the three years preceding the planned allowed use development.
5. Is on an eligible site that is not located within one-half mile of heavy industrial use, an airport or a military base.
B. The height requirements for an allowed use development on an eligible site must meet one of the following:
1. Be not more than thirty-eight feet and three full floors.
2. Be the maximum height allowable by the current municipal zoning regulations for retail, office, residential or mixed use.
3. be not more than the height of a previously existing structure on the eligible site.
4. be not more than The height of any existing building within one-fourth mile of the eligible site, except for buildings developed pursuant to this section.
c. Minimum setback requirements for an allowed use development on an eligible site must meet one of the following:
1. be at least eight feet for the front, side and rear of the eligible site.
2. be The setbacks allowable by the current municipal zoning regulations for retail, office, residential or mixed use.
3. be at least The setbacks of a previously existing structure on the eligible site.
4. be at least The setbacks existing on any neighboring site or facing site.
D. The greatest maximum lot coverage for an allowed use development on an eligible site must meet one of the following:
1. be not more than Coverage of eighty percent of the eligible site.
2. be The coverage allowable by the current municipal zoning regulations for retail, office, residential or mixed use.
3. be not more than The impervious lot coverage in existence on the eligible site at the time of the submission of the development application.
4. be not more than The coverage EXISTING on any neighboring site or facing site.
E. A municipality may not impose any additional restrictions on an allowed use development on an eligible site other than the restrictions provided in subsections a, b, c and d of this section.
F. A municipality may require additional permits for an allowed use development on an eligible site if the same permits are required by the municipality for a comparable development project. Permits required by a municipality for an allowed use development on an eligible site shall be approved by the municipality administratively and the municipality may not require a public hearing.
G. A municipality may require site improvements and impact fees for an allowed use development on an eligible site that are the same as site improvements and impact fees that are required by the municipality for a comparable development project.
H. Unless there is a local ordinance, a federal, state or local grant requirement or a project financing requirement that requires a conflicting restrictive covenant, the religious institution that allows development on an eligible site owned by the religious institution shall record a deed restriction that requires the property to allocate for a period of fifty-five years at least forty percent of the units in the allowed use development to low-income households as prescribed by the arizona department of housing.
I. A religious institution that allows an allowed use development on an eligible site that is owned by the religious institution shall notify the county assessor in the county where the property is located in writing pursuant to section 42-11152 that the property is no longer used for the purposes that qualify for exemption from taxation.
J. For the purposes of this section:
1. "eligible site" means land or buildings on one or more contiguous parcels owned by one or more religious institutions.
2. "Facing site" means a parcel that is directly across a public way from any portion of an eligible site.
3. "Neighboring site" means a parcel that directly abuts an eligible site along an existing road.
4. "Religious institution" means an institution that is owned, controlled, operated and maintained by a church, religious denomination or religious organization that is lawfully operating as a nonprofit religious corporation. END_STATUTE
Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-820.05, to read:
START_STATUTE11-820.05. Religious institutions; allowed use developments; requirements; definitions
A. Notwithstanding any county zoning ordinance, any single-family and multifamily residential housing development on any eligible site is considered an allowed use development if the development meets all of the following requirements:
1. Is not WITHIN seventy-five feet of a neighboring site.
2. Has at least one parking space per unit or meets the county zoning requirements for parking, whichever is less.
3. Meets all county regulations for water and sewer access.
4. is on an eligible site that has been owned by a religious institution for at least the three years preceding the planned allowed use development.
5. is on an eligible site that is not located within one-half mile of heavy industrial use, an airport or a military base.
B. The height requirements for an allowed use development on an eligible site must meet one of the following:
1. be not more than thirty-eight feet and three full floors.
2. be The maximum height allowable by the current county zoning regulations for retail, office, residential or mixed use.
3. be not more than The height of a previously existing structure on the eligible site.
4. be not more than The height of any existing building within one-fourth mile of the eligible site, except for buildings developed pursuant to this section.
c. Minimum setback requirements for an allowed use development on an eligible site must meet one of the following:
1. be at least eight feet for the front, side and rear of the eligible site.
2. be The setbacks allowable by the current county zoning regulations for retail, office, residential or mixed use.
3. be at least The setbacks of a previously existing structure on the eligible site.
4. be at least The setbacks existing on any neighboring site or facing site.
D. The greatest maximum lot coverage for an allowed use development on an eligible site must meet one of the following:
1. be not more than Coverage of eighty percent of the eligible site.
2. be The coverage allowable by the current county zoning regulations for retail, office, residential or mixed use.
3. be not more than The impervious lot coverage in existence on the eligible site at the time of the submission of the development application.
4. be not more than The coverage EXISTING on any neighboring site or facing site.
E. A county may not impose any additional restrictions on an allowed use development on an eligible site other than the restrictions provided in subsections a, b, c and d of this section.
F. A county may require additional permits for an allowed use development on an eligible site if the same permits are required by the county for a comparable development project. Permits required by a county for an allowed use development on an eligible site shall be approved by the county administratively and the county may not require a public hearing.
G. A county may require site improvements and impact fees for an allowed use development on an eligible site that are the same as site improvements and impact fees that are required by the county for a comparable development project.
H. Unless there is a local ordinance, a federal, state or local grant requirement or a project financing requirement that requires a conflicting restrictive covenant, the religious institution that allows development on an eligible site owned by the religious institution shall record a deed restriction that requires the property to allocate for a period of fifty-five years at least forty percent of the units in the allowed use development to low-income households as prescribed by the arizona department of housing.
I. A religious institution that allows an allowed use development on an eligible site that is owned by the religious institution shall notify the county assessor in the county where the property is located in writing pursuant to section 42-11152 that the property is no longer used for the purposes that qualify for exemption from taxation.
J. For the purposes of this section:
1. "eligible site" means land or buildings on one or more contiguous parcels owned by one or more religious institutions.
2. "Facing site" means a parcel that is directly across a public way from any portion of an eligible site.
3. "Neighboring site" means a parcel that directly abuts an eligible site along an existing road.
4. "Religious institution" means an institution that is owned, controlled, operated and maintained by a church, religious denomination or religious organization that is lawfully operating as a nonprofit religious corporation. END_STATUTE