HB 2371
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☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: COM DP 8-2-0-0
HB 2371: planning; home design; restrictions; prohibition
Sponsor: Representative Biasiucci, LD 30
Caucus & COW
Overview
Prescribes municipal restrictions relating to home design and development standards for
single-family homes.
History
Current statute requires each municipality's planning agency and governing body to prepare
and adopt, in coordination with the Arizona State Land Department, a comprehensive, long-
range general plan for the development of the municipality. The general plan must include a
statement of community goals and development policies, including maps and plan proposals
(A.R.S. § 9-461.05).
A municipal planning agency cannot require as part of a subdivision regulation or zoning
ordinance that a subdivider or developer establish an association. A municipality may require
a subdivider or developer to establish an association to maintain private, common or
community owned improvements that are approved and installed as part of a preliminary
plat, final plat or specific plan. A municipality cannot require that an association be formed
or operated other than for the maintenance of common areas or community owned property.
(A.R.S. § 9-461.15)
Municipalities, in order to conserve and promote the public health, safety and general
welfare, may adopt zoning ordinances that: 1) regulate the use of buildings, structures and
land between agriculture residence, industry and business; 2) regulate the location, height,
bulk, number of stories and size of buildings and structures, the size and use of lots, yards,
courts and other open spaces, the percentage of a lot that may be occupied by a building or
structure, access to incident solar energy and the intensity of land use; 3) establish
requirements for off-street parking and loading; 4) establish and maintain building setback
lines; and 5) establish floodplain and age-specific community zoning districts and districts of
historical significance (A.R.S. § 9-462.01).
Provisions
Home Design
1. Prohibits a municipality from interfering with a home buyer's right to choose the features,
amenities, structure, floor plan and interior and exterior design of a home. (Sec. 1)
2. Prohibits a municipality from requiring:
a) a shared feature or amenity that would require certain associations to maintain or
operate the feature or amenity, unless required by federal law;
b) screening, walls or fences; and HB 2371
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c) private streets or roads. (Sec. 1)
3. Specifies the home design provisions:
a) do not supersede applicable building codes, fire codes or public health and safety
regulations;
b) do not apply to lots or parcels that are located on tribal land, land in a high noise or
accident potential zone of a military airport or ancillary military facility; and
c) apply to developments constructed after the effective date. (Sec. 1)
Home Size
4. Prohibits municipalities from adopting or enforcing any code, ordinance, regulation or
other requirement establishing:
a) minimum lot sizes that are greater than 1,500 square feet for new developments that
are 5 or more acres in size and that will be platted and located in an area zoned for
single-family residential;
b) minimum square footage or dimensions for a single-family home that are greater than
the minimum square footage or dimensions the municipality requires for any other
type of dwelling unit;
c) maximum or minimum lot coverage for a single-family home and any accessory
structures;
d) minimum building setbacks for a single-family home that are greater than 5 feet from
the side lot lines and 10 feet from the front and rear lot lines; and
e) design, architectural or aesthetic elements for a single-family home except for a
single-family home on land that is designated as a district of historical significance or
an area that is designated as historic on the national register of historic places. (Sec.
1)
5. Allows a municipality to enforce adopted minimum lot sizes greater than 1,500 square
feet where multiple lots smaller than 5 acres with existing dwelling units are aggregated
together. (Sec. 1)
6. Specifies the home size provisions:
a) do not supersede applicable building codes, fire codes, minimum parking
requirements or public health and safety regulations;
b) do not apply to lots or parcels that are located on tribal land, land in a high noise or
accident potential zone of a military airport or ancillary military facility; and
c) apply to developments constructed after the effective date in a municipality with a
population of more than 70,000 persons that is designed as an urban area or in a
municipality that is located on tribal land. (Sec. 1)
7. Defines fire code and fire code official. (Sec. 1)
Miscellaneous
8. Includes language relating to Legislative findings and determinations regarding housing
shortages, municipal restrictive regulations, property rights and preemption of further
regulating a property owner's right to use their property. (Sec. 1)
9. Cites this act as the Arizona Starter Homes Act. (Sec. 2)