REFERENCE TITLE: municipalities; starter home developments; regulation.. State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2834 Introduced by Representatives Connolly: Cavero, Contreras P, Luna-Njera, Mrquez, Villegas; Senator Leach AN ACT amending title 9, chapter 4, article 6, Arizona Revised Statutes, by adding section 9-461.19; repealing section 9-461.19, Arizona Revised Statutes; relating to municipal planning. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: municipalities; starter home developments; regulation..
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HB 2834
Introduced by Representatives Connolly: Cavero, Contreras P, Luna-Njera, Mrquez, Villegas; Senator Leach
REFERENCE TITLE: municipalities; starter home developments; regulation..
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HB 2834
Introduced by
Representatives Connolly: Cavero, Contreras P, Luna-Njera, Mrquez, Villegas; Senator Leach
AN ACT
amending title 9, chapter 4, article 6, Arizona Revised Statutes, by adding section 9-461.19; repealing section 9-461.19, Arizona Revised Statutes; relating to municipal planning.
(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, Arizona Revised Statutes, is amended by adding section 9-461.19, to read: START_STATUTE9-461.19. Municipalities; starter homes; development; restrictions; applicability; definitions A. beginning january 1, 2027, A MUNICIPALITY WITH A POPULATION OF MORE THAN THIRTY THOUSAND persons SHALL ADOPT ZONING REGULATIONS THAT ALLOW FOR THE DEVELOPMENT OF STARTER HOMES IN AT LEAST ten PERCENT OF any NEW SINGLE-FAMILY RESIDENTIAL DEVELOPMENTs that are LARGER THAN TEN CONTIGUOUS ACRES. A MUNICIPALITY may NOT REQUIRE ANY OF THE FOLLOWING: 1. A MINIMUM LOT SIZE that is FOUR THOUSAND SQUARE FEET or more in size. 2. A MINIMUM FRONT SETBACK that is TWENTY FEET or more in size. 3. A MINIMUM REAR SETBACK that is TEN FEET or more in size. 4. SIDE SETBACKS that have A COMBINED TOTAL of FIFTEEN FEET or more in size, EXCEPT AS NECESSARY TO COMPLY WITH PUBLIC HEALTH AND SAFETY STANDARDS. 5. REAR YARD PATIOS. 6. REAR YARD LANDSCAPING, not including STORMWATER DRAINAGE REQUIREMENTS AND WATER CONSERVATION REQUIREMENTS. 7. APPROVAL OF THE INTERIOR FLOORPLAN EXCEPT for the purpose of ENSURING COMPLIANCE WITH ALL applicable BUILDING codes AND FIRE CODES. B. THIS SECTION DOES NOT APPLY TO land that is ANY OF THE FOLLOWING: 1. AN AREA THAT IS DESIGNATED AS A DISTRICT OF HISTORICAL SIGNIFICANCE PURSUANT TO SECTION 9-462.01, SUBSECTION A, PARAGRAPH 10. 2. AN AREA THAT IS DESIGNATED AS HISTORIC BY A MUNICIPALITY. 3. AN AREA THAT IS DESIGNATED AS HISTORIC ON THE NATIONAL REGISTER OF HISTORIC PLACES. 4. in THE VICINITY OF A MILITARY AIRPORT OR ANCILLARY MILITARY FACILITY AS DEFINED IN SECTION 28-8461. 5. in THE VICINITY OF A FEDERAL AVIATION ADMINISTRATION COMMERCIALLY LICENSED AIRPORT OR A GENERAL AVIATION OR PUBLIC AIRPORT AS DEFINED IN SECTION 28-8486. 6. A MASTER PLANNED COMMUNITY OR PLANnED AREA DEVELOPMENT that has been APPROVED BY ORDINANCE before THE EFFECTIVE DATE OF This section. 7. HaS BEEN DESIGNATED FOR THE PRESERVATION OF NATURAL LAND FEATURES. C. THIS SECTION does not PROHIBIT A MUNICIPALITY FROM requiring either of the following: 1. The submission of SITE PLANS AND PLATS. 2. THE DEVELOPER TO PROVIDE ADEQUATE INFRASTRUCTURE AND WATER SERVICE FOR THE ENTIRE PROPOSED DEVELOPMENT. D. THIS SECTION DOES NOT SUPERSEDE applicable BUILDING CODES, FIRE CODES AND PUBLIC HEALTH AND SAFETY REGULATIONS. e. FOR THE PURPOSES OF THIS SECTION: 1. "BUILDING CODE" HAS THE SAME MEANING PRESCRIBED IN SECTION 9-1301. 2. "NEW SINGLE-FAMILY RESIDENTIAL DEVELOPMENT" MEANS A proposed development of DETACHED SINGLE-FAMILY HOMES ON MORE THAN TEN CONTIGUOUS ACRES OF LAND WITHIN areas zoned as SINGLE-FAMILY residential. 3. "STARTER HOME" MEANS a single-family detached home for which the municipality requires a deed restriction that either: (a) Limits the initial sale of the starter home to an amount that does not exceed one hundred twenty percent of the area median household income set forth by the united states department of housing and urban development. (b) lIMITS OCCUPANCY OF THE STARTER HOME FOR UP TO FIFTEEN YEARS TO A PERSON OR PERSONS WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN HOUSEHOLD INCOME SET FORTH BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. END_STATUTE Sec. 2. Delayed repeal Section 9-461.19, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2035.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 9-461.19, to read:
START_STATUTE9-461.19. Municipalities; starter homes; development; restrictions; applicability; definitions
A. beginning january 1, 2027, A MUNICIPALITY WITH A POPULATION OF MORE THAN THIRTY THOUSAND persons SHALL ADOPT ZONING REGULATIONS THAT ALLOW FOR THE DEVELOPMENT OF STARTER HOMES IN AT LEAST ten PERCENT OF any NEW SINGLE-FAMILY RESIDENTIAL DEVELOPMENTs that are LARGER THAN TEN CONTIGUOUS ACRES. A MUNICIPALITY may NOT REQUIRE ANY OF THE FOLLOWING:
1. A MINIMUM LOT SIZE that is FOUR THOUSAND SQUARE FEET or more in size.
2. A MINIMUM FRONT SETBACK that is TWENTY FEET or more in size.
3. A MINIMUM REAR SETBACK that is TEN FEET or more in size.
4. SIDE SETBACKS that have A COMBINED TOTAL of FIFTEEN FEET or more in size, EXCEPT AS NECESSARY TO COMPLY WITH PUBLIC HEALTH AND SAFETY STANDARDS.
5. REAR YARD PATIOS.
6. REAR YARD LANDSCAPING, not including STORMWATER DRAINAGE REQUIREMENTS AND WATER CONSERVATION REQUIREMENTS.
7. APPROVAL OF THE INTERIOR FLOORPLAN EXCEPT for the purpose of ENSURING COMPLIANCE WITH ALL applicable BUILDING codes AND FIRE CODES.
B. THIS SECTION DOES NOT APPLY TO land that is ANY OF THE FOLLOWING:
1. AN AREA THAT IS DESIGNATED AS A DISTRICT OF HISTORICAL SIGNIFICANCE PURSUANT TO SECTION 9-462.01, SUBSECTION A, PARAGRAPH 10.
2. AN AREA THAT IS DESIGNATED AS HISTORIC BY A MUNICIPALITY.
3. AN AREA THAT IS DESIGNATED AS HISTORIC ON THE NATIONAL REGISTER OF HISTORIC PLACES.
4. in THE VICINITY OF A MILITARY AIRPORT OR ANCILLARY MILITARY FACILITY AS DEFINED IN SECTION 28-8461.
5. in THE VICINITY OF A FEDERAL AVIATION ADMINISTRATION COMMERCIALLY LICENSED AIRPORT OR A GENERAL AVIATION OR PUBLIC AIRPORT AS DEFINED IN SECTION 28-8486.
6. A MASTER PLANNED COMMUNITY OR PLANnED AREA DEVELOPMENT that has been APPROVED BY ORDINANCE before THE EFFECTIVE DATE OF This section.
7. HaS BEEN DESIGNATED FOR THE PRESERVATION OF NATURAL LAND FEATURES.
C. THIS SECTION does not PROHIBIT A MUNICIPALITY FROM requiring either of the following:
1. The submission of SITE PLANS AND PLATS.
2. THE DEVELOPER TO PROVIDE ADEQUATE INFRASTRUCTURE AND WATER SERVICE FOR THE ENTIRE PROPOSED DEVELOPMENT.
D. THIS SECTION DOES NOT SUPERSEDE applicable BUILDING CODES, FIRE CODES AND PUBLIC HEALTH AND SAFETY REGULATIONS.
e. FOR THE PURPOSES OF THIS SECTION:
1. "BUILDING CODE" HAS THE SAME MEANING PRESCRIBED IN SECTION 9-1301.
2. "NEW SINGLE-FAMILY RESIDENTIAL DEVELOPMENT" MEANS A proposed development of DETACHED SINGLE-FAMILY HOMES ON MORE THAN TEN CONTIGUOUS ACRES OF LAND WITHIN areas zoned as SINGLE-FAMILY residential.
3. "STARTER HOME" MEANS a single-family detached home for which the municipality requires a deed restriction that either:
(a) Limits the initial sale of the starter home to an amount that does not exceed one hundred twenty percent of the area median household income set forth by the united states department of housing and urban development.
(b) lIMITS OCCUPANCY OF THE STARTER HOME FOR UP TO FIFTEEN YEARS TO A PERSON OR PERSONS WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN HOUSEHOLD INCOME SET FORTH BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. END_STATUTE
Sec. 2. Delayed repeal
Section 9-461.19, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2035.