Arizona 2025 Regular Session

Arizona House Bill HB2719 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: housing; zoning; historic neighborhoods State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2719 Introduced by Representatives Mrquez: Liguori; Senator Alston An Act amending section 9-462.13, Arizona Revised Statutes; relating to housing. (TEXT OF BILL BEGINS ON NEXT PAGE)
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11	11	REFERENCE TITLE: housing; zoning; historic neighborhoods
12	12	State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
13	13	HB 2719
14	14	Introduced by Representatives Mrquez: Liguori; Senator Alston
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16	16	REFERENCE TITLE: housing; zoning; historic neighborhoods
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42	42	HB 2719
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46	46	Introduced by
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48	48	Representatives Mrquez: Liguori; Senator Alston
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66	66	An Act
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70	70	amending section 9-462.13, Arizona Revised Statutes; relating to housing.
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76	76	(TEXT OF BILL BEGINS ON NEXT PAGE)
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80	80	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 9-462.13, Arizona Revised Statutes, is amended to read: START_STATUTE9-462.13. Zoning; development; middle housing; applicability; definitions A. On or before January 1, 2026, a municipality with a population of seventy-five thousand persons or more must authorize by ordinance and incorporate into its development regulations, zoning regulations and other official controls the development of duplexes, triplexes, fourplexes and townhomes as a permitted use on both of the following: 1. All lots zoned for single-family residential use within one mile of the municipality's central business district. 2. At least twenty percent of any new development of more than ten contiguous acres. B. The municipality may not do any of the following: 1. Discourage the development of middle housing through requirements or actions that individually or cumulatively make impracticable the permitting, siting, or construction of middle housing. 2. Restrict middle housing types to less than two floors. 3. Restrict middle housing types to a floor area ratio of less than fifty percent. 4. Set restrictions, permitting or review processes for middle housing that are more restrictive than those for single-family dwellings within the same zone. 5. Require owner occupancy of any structures on the lot. 6. Require any structures to comply with a commercial building code or to contain a fire sprinkler. 7. Require more than one off-street parking space per unit. C. This section does not prohibit the governing body of a municipality from allowing either of the following: 1. Single-family dwellings in areas zoned for single-family dwellings. 2. Additional types of middle housing not required under this section. D. This section does not apply to any of the following: 1. Areas that are not incorporated. 2. Areas that lack sufficient urban services. 3. Areas that are not served by water and sewer services. 4. Areas that are not zoned for residential use. 5. Areas that are not incorporated and are zoned under an interim zoning designation that maintains the area's potential for planned urban development. 6. Areas covered under title 48, chapter 6, article 4. 7. Any land within the territory in the vicinity of a public airport as defined in section 28-8486 or to the extent this section would interfere with the public airport's ability to comply with the laws, regulations and requirements of the United States related to applying for, receiving or spending federal monies. 8. Any land within the territory in the vicinity of a military airport as defined in section 28-8461. 9. Areas that are designated as a district of historical significance pursuant to section 9-462.01, subsection A, paragraph 10. 10. Areas that are designated as historic by the governing body of the municipality. 11. Areas that are designated as historic on the national register of historic places. E. If a municipality does not adopt the regulations required by this section on or before January 1, 2026, middle housing shall be allowed on all lots in the municipality zoned for single-family residential use without any limitations. F. This section does not change or otherwise impair the terms of any development agreement that exists on September 14, 2024. G. Notwithstanding subsection A of this section, a utility provider impacted by a development being developed pursuant to this section shall have the opportunity to review and approve the site plan for the development. H. For the purpose purposes of this section: 1. "Building code": (a) Means a construction code adopted by a municipality. (b) Includes a model building code, commercial code, plumbing and mechanical code, electric code, energy conservation code, fire code, property maintenance code, neighborhood preservation code, antiblight code or other similar code. 2. "Central business district" means an area or series of areas designated by a municipality that are primarily nonindustrial and that attract community activity, including the entire geographic area that the municipality has officially designated as its downtown or equivalent on September 14, 2024. 3. "Duplex" means two dwelling units on the same parcel or lot in attached, detached or semidetached arrangements that are designed for residential occupancy by not more than two households living independently from each other. 4. "Floor area ratio" means the ratio of allowed square footage in a middle housing project to the square footage of the parcel on which it is built. 5. "Fourplex" means four dwelling units on the same parcel or lot in attached, detached or semidetached arrangements that are designed for residential occupancy by not more than four households living independently from each other. 6. "Household" means either: (a) A single person living or residing in a dwelling or place of residence. (b) Two or more persons living together or residing in the same dwelling or place of residence. 7. "Middle housing": (a) Means buildings that are compatible in scale, form and character with single-family houses and that contain two or more attached, detached, stacked or clustered homes. (b) Includes duplexes, triplexes, fourplexes and townhouses. 8. "Permitted use" means the ability for a development to be approved without requiring a public hearing, variance, conditional use permit, special permit or special exception, other than a discretionary zoning action to determination determine that a site plan conforms with applicable zoning regulations. 9. "Townhouses" means dwelling units that are constructed in a row of two or more attached units in which each dwelling unit shares at least one common wall with an adjacent unit and that are accessed by separate outdoor entrances. 10. "Triplex" means three dwelling units on the same parcel or lot in attached, detached or semidetached arrangements that are designed for residential occupancy by not more than three households living independently from each other. END_STATUTE
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82	82	Be it enacted by the Legislature of the State of Arizona:
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84	84	Section 1. Section 9-462.13, Arizona Revised Statutes, is amended to read:
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86	86	START_STATUTE9-462.13. Zoning; development; middle housing; applicability; definitions
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88	88	A. On or before January 1, 2026, a municipality with a population of seventy-five thousand persons or more must authorize by ordinance and incorporate into its development regulations, zoning regulations and other official controls the development of duplexes, triplexes, fourplexes and townhomes as a permitted use on both of the following:
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90	90	1. All lots zoned for single-family residential use within one mile of the municipality's central business district.
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92	92	2. At least twenty percent of any new development of more than ten contiguous acres.
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94	94	B. The municipality may not do any of the following:
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96	96	1. Discourage the development of middle housing through requirements or actions that individually or cumulatively make impracticable the permitting, siting, or construction of middle housing.
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98	98	2. Restrict middle housing types to less than two floors.
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100	100	3. Restrict middle housing types to a floor area ratio of less than fifty percent.
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102	102	4. Set restrictions, permitting or review processes for middle housing that are more restrictive than those for single-family dwellings within the same zone.
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104	104	5. Require owner occupancy of any structures on the lot.
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106	106	6. Require any structures to comply with a commercial building code or to contain a fire sprinkler.
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108	108	7. Require more than one off-street parking space per unit.
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110	110	C. This section does not prohibit the governing body of a municipality from allowing either of the following:
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112	112	1. Single-family dwellings in areas zoned for single-family dwellings.
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114	114	2. Additional types of middle housing not required under this section.
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116	116	D. This section does not apply to any of the following:
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118	118	1. Areas that are not incorporated.
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120	120	2. Areas that lack sufficient urban services.
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122	122	3. Areas that are not served by water and sewer services.
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124	124	4. Areas that are not zoned for residential use.
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126	126	5. Areas that are not incorporated and are zoned under an interim zoning designation that maintains the area's potential for planned urban development.
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128	128	6. Areas covered under title 48, chapter 6, article 4.
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130	130	7. Any land within the territory in the vicinity of a public airport as defined in section 28-8486 or to the extent this section would interfere with the public airport's ability to comply with the laws, regulations and requirements of the United States related to applying for, receiving or spending federal monies.
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132	132	8. Any land within the territory in the vicinity of a military airport as defined in section 28-8461.
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134	134	9. Areas that are designated as a district of historical significance pursuant to section 9-462.01, subsection A, paragraph 10.
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136	136	10. Areas that are designated as historic by the governing body of the municipality.
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138	138	11. Areas that are designated as historic on the national register of historic places.
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140	140	E. If a municipality does not adopt the regulations required by this section on or before January 1, 2026, middle housing shall be allowed on all lots in the municipality zoned for single-family residential use without any limitations.
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142	142	F. This section does not change or otherwise impair the terms of any development agreement that exists on September 14, 2024.
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144	144	G. Notwithstanding subsection A of this section, a utility provider impacted by a development being developed pursuant to this section shall have the opportunity to review and approve the site plan for the development.
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146	146	H. For the purpose purposes of this section:
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148	148	1. "Building code":
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150	150	(a) Means a construction code adopted by a municipality.
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152	152	(b) Includes a model building code, commercial code, plumbing and mechanical code, electric code, energy conservation code, fire code, property maintenance code, neighborhood preservation code, antiblight code or other similar code.
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154	154	2. "Central business district" means an area or series of areas designated by a municipality that are primarily nonindustrial and that attract community activity, including the entire geographic area that the municipality has officially designated as its downtown or equivalent on September 14, 2024.
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156	156	3. "Duplex" means two dwelling units on the same parcel or lot in attached, detached or semidetached arrangements that are designed for residential occupancy by not more than two households living independently from each other.
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158	158	4. "Floor area ratio" means the ratio of allowed square footage in a middle housing project to the square footage of the parcel on which it is built.
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160	160	5. "Fourplex" means four dwelling units on the same parcel or lot in attached, detached or semidetached arrangements that are designed for residential occupancy by not more than four households living independently from each other.
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162	162	6. "Household" means either:
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164	164	(a) A single person living or residing in a dwelling or place of residence.
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166	166	(b) Two or more persons living together or residing in the same dwelling or place of residence.
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168	168	7. "Middle housing":
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170	170	(a) Means buildings that are compatible in scale, form and character with single-family houses and that contain two or more attached, detached, stacked or clustered homes.
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172	172	(b) Includes duplexes, triplexes, fourplexes and townhouses.
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174	174	8. "Permitted use" means the ability for a development to be approved without requiring a public hearing, variance, conditional use permit, special permit or special exception, other than a discretionary zoning action to determination determine that a site plan conforms with applicable zoning regulations.
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176	176	9. "Townhouses" means dwelling units that are constructed in a row of two or more attached units in which each dwelling unit shares at least one common wall with an adjacent unit and that are accessed by separate outdoor entrances.
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178	178	10. "Triplex" means three dwelling units on the same parcel or lot in attached, detached or semidetached arrangements that are designed for residential occupancy by not more than three households living independently from each other. END_STATUTE