Arizona 2025 2025 Regular Session

Arizona House Bill HB2191 Comm Sub / Analysis

Filed 03/13/2025

                      	HB 2191 
Initials JH 	Page 1 	House Engrossed 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-seventh Legislature 
First Regular Session 
House: GOV W/D | APPROP DP 11-5-2-0 
 
HB 2191: religious institutions; development; allowed use 
Sponsor: Representative Livingston, LD 28 
House Engrossed 
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, religious institutions located in an area 
zoned as single-family residential housing development as of July 1, 2025, 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 is located in an area that is zoned as single-family residential use as 
of July 1, 2025 
e) Classified as tax-exempt and will continue to be owned and maintained by the 
religious institution; 
a) Subject to a validly executed ground lease agreement;  
b) It is not more than 30 feet and two full floors if the development is located 
c) It is within 150 feet of the boundary of an area zoned for single-family residential use; 
and 
d) 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) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	HB 2191 
Initials JH 	Page 2 	House Engrossed 
3. Establishes a maximum density bonus for an allowed use development on an eligible site. 
(Sec. 1, 2) 
4. Authorizes a municipality or county to require on-site and off-site improvements and 
plans and compliance for an allowed use development on an eligible site. (Sec. 1, 2) 
5. 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) 
6. 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) 
7. 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) 
8. Requires a religious institution that allows development on an eligible site owned by that 
institution, to 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) 
9. Exempts certain lands, including land zoned for industrial use and land in areas 
designated as historic by a local government. (Sec. 1, 2) 
10. Defines eligible site, facing site, ground lease, neighboring site, religious institution and 
single family residential. (Sec. 1, 2)