| 69 | | - | 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 sections 9-461.19 and 9-461.20, to read: START_STATUTE9-461.19. Planning; home design; state preemption; applicability; definitions A. A municipality may not interfere with a home buyer's right to choose the features, amenities, structure, floor plan and interior and exterior design of a home. B. Notwithstanding any other law, a municipality may not require either of the following: 1. A shared feature or amenity that would require a homeowners' association, a condominium association or any other association as defined in section 33-1802 to maintain or operate the feature or amenity, unless required by federal law. 2. Screening, walls or fences on residential property. C. The legislature finds and determines that the citizens of this state continue to experience the significant detrimental effects of a severe crisis due to the shortage of available housing. It has become virtually impossible for many citizens of this state to achieve the American dream of owning their own home. This statewide housing crisis is caused in part by highly restrictive regulations. The legislature also finds and determines that, pursuant to article II, section 2, Constitution of Arizona, property rights are a fundamental element of individual rights and personal freedom. A property owner's right to use the property owner's property, protected from unreasonable abridgment by regulation and enforcement, is a matter of statewide concern and is not subject to further regulation by a municipality. D. This section does not supersede applicable building codes, fire codes or public health and safety regulations. E. This section does not APPLY to lots or parcels that are located on tribal land, on land in a high noise or accident potential zone as defined in section 28-8461 of a military airport or ancillary military facility as defined in section 28-8461. F. This section applies to developments constructed after the effective date of this section in a municipality with a population of more than seventy thousand persons. G. FOR THE PURPOSES OF THIS SECTION: 1. "BUILDING CODE" MEANS THE CONSTRUCTION CODES ADOPTED BY THE MUNICIPALITY, INCLUDING PLUMBING AND MECHANICAL CODES, ELECTRIC CODES, RESIDENTIAL CONSTRUCTION CODES, wildland urban interface codes and ENERGY CONSERVATION CODES, HOWEVER DENOMINATED. 2. "FIRE CODE" MEANS A SET OF STANDARDS AND REGULATIONS THAT ARE ADOPTED AND ENFORCED BY THE MUNICIPALITY'S FIRE CODE OFFICIAL IN COMPLIANCE WITH STATE LAW AND THAT ARE RELATED TO FIRE PREVENTION AND PROTECTION SYSTEMS FOR A SINGLE-FAMILY HOME. 3. "FIRE CODE OFFICIAL" MEANS THE MUNICIPAL FIRE CHIEF OR OTHER DESIGNATED AUTHORITY CHARGED WITH THE ADMINISTRATION AND ENFORCEMENT OF THE FIRE CODE OR A DULY AUTHORIZED REPRESENTATIVE. 4. "SHARED FEATURE OR AMENITY" MEANS ANY, OR PART OF ANY, LAND, BUILDING OR OTHER PROPERTY THAT WILL NOT BE OWNED BY AN INDIVIDUAL HOMEOWNER IN FEE SIMPLE, INCLUDING A COMMON AREA.END_STATUTE START_STATUTE9-461.20. Planning; urban areas; home size; design; state preemption; applicability; definitions A. Notwithstanding any other law, a municipality may not adopt or enforce any code, ordinance, regulation, standard, stipulation or other legal requirement establishing, directly or indirectly, any of the following: 1. For new developments that are five or more acres in size and that will be platted and located in an area zoned as single-family residential, minimum lot sizes that are more than three thousand square feet, except that a municipality may enforce adopted minimum lot sizes of more than three thousand square feet where multiple lots smaller than five acres with existing dwelling units are aggregated together. This paragraph does not prohibit a municipality from allowing smaller lot sizes than the lot sizes prescribed by this paragraph. 2. Minimum square footage or dimensions for a single-family home that are more than the minimum square footage or dimensions the municipality requires for any other type of dwelling unit as of the effective date of this section. 3. Maximum or minimum lot coverage for a single-family home and any accessory structures on a lot less than ten thousand square feet. 4. Minimum building setbacks for a single-family home that are more than five feet from the side lot lines and ten feet from the front and rear lot lines, EXCEPT FOR A PORTION OF A HOME THAT IS OCCUPIED BY A GARAGE FACING THE STREET, IN WHICH THE MINIMUM FRONT SETBACK MAY NOT EXCEED EIGHTEEN FEET FROM THE BACK OF THE SIDEWALK OR LOT LINE. THIS PARAGRAPH DOES NOT PROHIBIT A MUNICIPALITY FROM ALLOWING SMALLER SETBACKS THAN THOSE ALLOWED by this paragraph. 5. 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 pursuant to section 9-462.01, subsection A, paragraph 10 or an area that is designated as historic on the national register of historic places. B. The legislature finds and determines that the citizens of this state continue to experience the significant detrimental effects of a severe crisis due to the shortage of available housing. It has become virtually impossible for many citizens of this state to achieve the American dream of owning their own home. this statewide housing crisis is caused in part by highly restrictive regulations. The legislature also finds and determines that, pursuant to article II, section 2, Constitution of Arizona, property rights are a fundamental element of individual rights and personal freedom. A property owner's right to use the property owner's property, protected from unreasonable abridgment by regulation and enforcement, is a matter of statewide concern and is not subject to further regulation by a municipality. C. This section does not supersede applicable building codes, fire codes, utility clearance requirements, utility easements that are recorded as of the effective date of this section, minimum parking requirements or public health and safety regulations. To ensure the safety and reliability of power and water utilities, a municipality may require the preparation and submission of acceptable electric and water utility plans and specifications. D. AS A CONDITION OF DEVELOPMENT AND CONSTRUCTION OF NEW SINGLE-FAMILY HOMES PURSUANT TO THIS SECTION, A MUNICIPALITY MAY REQUIRE THE CONSTRUCTION OF OR PAYMENT FOR NECESSARY PUBLIC SERVICES NEEDED TO SERVE THE NEW SINGLE-FAMILY HOMES IN ACCORDANCE WITH APPLICABLE STATE STATUTES, INCLUDING SECTION 9-463.05, AND THE ARIZONA AND UNITED STATES CONSTITUTIONS. E. This section does not APPLY to lots or parcels that are located on tribal land, on land in a high noise or accident potential zone as defined in section 28-8461 of a military airport or ancillary military facility as defined in section 28-8461. F. This section applies to developments constructed after the effective date of this section in a municipality with a population of more than seventy thousand persons. G. For the purposes of this section: 1. "BUILDING CODE" MEANS THE CONSTRUCTION CODES ADOPTED BY THE MUNICIPALITY, INCLUDING PLUMBING AND MECHANICAL CODES, ELECTRIC CODES, RESIDENTIAL CONSTRUCTION CODES, wildland urban interface codes and ENERGY CONSERVATION CODES, HOWEVER DENOMINATED. 2. "fire code" means a set of standards and regulations that are adopted and enforced by the municipality's fire code official in compliance with state law and that are related to fire prevention and protection systems for a single-family home. 3. "Fire code official" means the municipal fire chief or other designated authority charged with the administration and enforcement of the fire code or a duly authorized representative. END_STATUTE Sec. 2. Short title This act may be cited as the "Arizona Starter Homes Act". |
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| 78 | + | 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 sections 9-461.19 and 9-461.20, to read: START_STATUTE9-461.19. Planning; home design; state preemption; applicability A. A municipality may not interfere with a home buyer's right to choose the features, amenities, structure, floor plan and interior and exterior design of a home. B. Notwithstanding any other law, a municipality may not require any of the following: 1. A shared feature or amenity that would require a homeowners' association, a condominium association or any other association as defined in section 33-1802 to maintain or operate the feature or amenity, unless required by federal law. 2. Screening, walls or fences. 3. Private streets or roads. C. The legislature finds and determines that the citizens of this state continue to experience the significant detrimental effects of a severe crisis due to the shortage of available housing. It has become virtually impossible for many citizens of this state to achieve the American dream of owning their own home. This statewide housing crisis is caused in no small part by highly restrictive regulations imposed by municipalities. The legislature also finds and determines that, pursuant to article II, section 2, Constitution of Arizona, property rights are a fundamental element of individual rights and personal freedom. A property owner's right to use the property owner's property, protected from unreasonable abridgment by municipal regulation and enforcement, is a matter of statewide concern and is not subject to further regulation by a municipality. D. This section does not supersede applicable building codes, fire codes or public health and safety regulations. E. This section does not APPLY to lots or parcels that are located on tribal land, on land in a high noise or accident potential zone as defined in section 28-8461 of a military airport or ancillary military facility as defined in section 28-8461. F. This section applies to developments constructed after the effective date of this section. END_STATUTE START_STATUTE9-461.20. Planning; urban areas; home size; design; state preemption; applicability; definitions A. Notwithstanding any other law, a municipality may not adopt or enforce any code, ordinance, regulation, standard, stipulation or other legal requirement establishing, directly or indirectly, any of the following: 1. For new developments that are five or more acres in size and that will be platted and located in an area zoned as single-family residential, minimum lot sizes that are more than one thousand five hundred square feet, except that a municipality may enforce adopted minimum lot sizes of more than one thousand five hundred square feet where multiple lots smaller than five acres with existing dwelling units are aggregated together. 2. Minimum square footage or dimensions for a single-family home that are more than the minimum square footage or dimensions the municipality requires for any other type of dwelling unit as of the effective date of this section. 3. Maximum or minimum lot coverage for a single-family home and any accessory structures. 4. Minimum building setbacks for a single-family home that are more than five feet from the side lot lines and ten feet from the front and rear lot lines. 5. 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 pursuant to section 9-462.01, subsection A, paragraph 10 or an area that is designated as historic on the national register of historic places. B. The legislature finds and determines that the citizens of this state continue to experience the significant detrimental effects of a severe crisis due to the shortage of available housing. It has become virtually impossible for many citizens of this state to achieve the American dream of owning their own home. this statewide housing crisis is caused in no small part by highly restrictive regulations imposed by municipalities. The legislature also finds and determines that, pursuant to article II, section 2, Constitution of Arizona, property rights are a fundamental element of individual rights and personal freedom. A property owner's right to use the property owner's property, protected from unreasonable abridgment by municipal regulation and enforcement, is a matter of statewide concern and is not subject to further regulation by a municipality. C. This section does not supersede applicable building codes, fire codes, minimum parking requirements or public health and safety regulations. D. This section does not APPLY to lots or parcels that are located on tribal land, on land in a high noise or accident potential zone as defined in section 28-8461 of a military airport or ancillary military facility as defined in section 28-8461. E. This section applies to developments constructed after the effective date of this section in a municipality with a population of more than seventy thousand persons that is designated in whole or in part as an urban area by the United States census bureau or in a municipality that is located on tribal land. F. For the purposes of this section: 1. "fire code" means a set of standards and regulations that are adopted and enforced by the municipality's fire code official in compliance with state law and that are related to fire prevention and protection systems for a single-family home. 2. "Fire code official" means the municipal fire chief or other designated authority charged with the administration and enforcement of the fire code or a duly authorized representative. END_STATUTE Sec. 2. Short title This act may be cited as the "Arizona Starter Homes Act". |
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