House Bill 2570, and Senate Bill 1112, are clearly zoning deregulation

HB 2570 and SB 1112 – NOT Good For Arizona Homeowners, Families, Neighborhoods, and Communities.

These Bills are clearly zoning deregulation and would preempt localities’ ability to control residential zoning.

Dubbed the “Arizona Starter Home Bill,” there is nothing in these bills that requires the building of affordable housing. 

They would effectively deregulate single-family residential zoning and allow construction of inappropriate types and sizes of housing that would disruppt the character of existing neighborhoods

There is no protection for Historic Neighborhoods.

They have the support of developers and industry lobbyists.

 

The actual one-page bill is attached, so you can read it for yourself.

Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Title 9, chapter 4, article 6, Arizona Revised Statutes,
3 is amended by adding sections 9-461.18 and 9-461.19, to read:
4 9-461.18. Planning; home design
5 A. A MUNICIPALITY MAY NOT INTERFERE WITH A HOME BUYER’S RIGHT TO
6       CHOOSE THE FEATURES, AMENITIES, STRUCTURE, FLOOR PLAN AND INTERIOR AND
7       EXTERIOR DESIGN OF A HOME.
8 B. NOTWITHSTANDING ANY OTHER LAW, A MUNICIPALITY MAY NOT REQUIRE
9      ANY OF THE FOLLOWING:
10    1. A HOMEOWNERS’ ASSOCIATION, A CONDOMINIUM ASSOCIATION OR ANY
11 OTHER ASSOCIATION. PROPERTY OWNERS MAY VOLUNTARILY FORM OR ESTABLISH A
12 HOMEOWNERS’ ASSOCIATION, A CONDOMINIUM ASSOCIATION OR ANOTHER ASSOCIATION.
13     2. A SHARED FEATURE OR AMENITY THAT WOULD REQUIRE A HOMEOWNERS’
14 ASSOCIATION, A CONDOMINIUM ASSOCIATION OR ANY OTHER ASSOCIATION TO
15 MAINTAIN OR OPERATE THE FEATURE OR AMENITY, UNLESS NECESSARY FOR
16 STORMWATER MANAGEMENT.
17     3. SCREENING, WALLS OR FENCES.
18    4. PRIVATE STREETS OR ROADS.
19 C. THE PROVISIONS OF THIS SECTION DO NOT SUPERSEDE APPLICABLE
20 BUILDING CODES, FIRE CODES OR PUBLIC HEALTH AND SAFETY REGULATIONS.
21 9-461.19. Planning; applicability; lot size
22     A. NOTWITHSTANDING ANY OTHER LAW, A MUNICIPALITY WITH A POPULATION
23 OF MORE THAN FIFTY THOUSAND PERSONS THAT IS DESIGNATED IN WHOLE OR IN PART
24 AS AN URBAN AREA BY THE UNITED STATES CENSUS BUREAU MAY NOT ADOPT OR
25 ENFORCE ANY CODE, ORDINANCE, REGULATION, STANDARD, STIPULATION OR OTHER
26 REQUIREMENT ESTABLISHING, DIRECTLY OR INDIRECTLY, ANY OF THE FOLLOWING:
27     1. MAXIMUM OR MINIMUM LOT SIZES ON WHICH A SINGLE-FAMILY HOME MAY
28 BE LOCATED.
29    2. MINIMUM SQUARE FOOTAGE OR DIMENSIONS FOR A SINGLE-FAMILY HOME.
30    3. MAXIMUM OR MINIMUM LOT COVERAGE FOR A SINGLE-FAMILY HOME AND ANY
31 ACCESSORY STRUCTURES.
32    4. MINIMUM BUILDING SETBACKS GREATER THAN FIVE FEET FOR A
33 SINGLE-FAMILY HOME.
34    5. DESIGN, ARCHITECTURAL OR AESTHETIC ELEMENTS FOR A SINGLE-FAMILY
35 HOME.
36    B. THE PROVISIONS OF THIS SECTION DO NOT SUPERSEDE APPLICABLE
37 BUILDING CODES, FIRE CODES OR PUBLIC HEALTH AND SAFETY REGULATIONS.
38 Sec. 2. Short title
39   This act may be cited as the “Arizona Starter Homes Act”.

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