HB 2191
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HB 2191: religious institutions; development; allowed use
Sponsor: Representative Livingston, LD 28
Committee on Appropriations
Overview
Allows eligible sites to be designated as an allowed use development subject to specified
requirements and restrictions.
History
A municipal general plan consists of a statement of community goals and development
policies, and includes maps, diagrams and text setting forth the objectives of the plan
proposal (A.R.S. § 9-461.05).
A county planning and zoning commission must formulate, and the Board of Supervisors
must adopt a development plan. The plan shows the commission's recommendations for the
development of the area and must be made with the purpose of guiding and accomplishing a
coordinated development of the area to the present and future needs of the county (A.R.S. §
11-804).
Provisions
1. Designates, regardless of local zoning ordinances, any single-family and multi-family
residential housing development on an eligible site as an allowed use development, if:
a) it is not within 75 feet of a neighboring site;
b) it has at least one parking space per unit or meets municipal or county zoning
requirements for parking, whichever is less;
c) it meets all local regulations for water and sewer access;
d) the eligible site has been owned by a religious institution for at least three years before
the planned allowed use development; and
e) the eligible site is not located within half a mile of heavy industrial use, an airport or
a military base. (Sec. 1, 2)
2. Establishes specified height, minimum setback and greatest maximum lot coverage
requirements for an allowed use development on an eligible site. (Sec. 1, 2)
3. Prohibits a municipality or county from imposing additional restrictions, except for the
restrictions prescribed above, on allowed use developments on an eligible site. (Sec. 1, 2)
4. Allows a municipality or county to require additional permits for allowed use
developments on eligible sites, provided the same permits are required by the
municipality or county for comparable development projects and clarifies that such
permits must be approved administratively. (Sec. 1, 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2191
Initials JH Page 2 Appropriations
5. Allows a municipality or county to require site improvements and impact fees for allowed
use developments on eligible sites provided they are the same requirements prescribed by
the municipality or county for comparable development projects. (Sec. 1, 2)
6. Requires a religious institution that allows development on an eligible site owned by that
institution, to:
a) record a deed restriction that requires the property to allocate at least 40% of the units
in the development to low-income households for a period of 55 years, provided no
ordinance, law, grant or financing provision requires otherwise; and
b) notify the appropriate County Assessor in writing that the property is no longer used
for purposes that qualify for exemption from taxation. (Sec. 1, 2)
7. Defines eligible site, facing site, neighboring site and religious institution. (Sec. 1, 2)