By Alex Hosar, Rose Law Group Law Clerk
After much debate in the Arizona legislature, it appears that, for now, there will be no changes to existing zoning practices related to affordable housing.
Earlier this year, Arizona State Senator, Steve Kaiser, introduced Senate Bill 1117 designed to overhaul existing zoning regulations, giving the state government greater latitude to implement state-wide zoning practices. There was vocal pushback on most provisions in the bill, notably that from the League of Arizona Cities and Towns, for creating a “top-down” zoning approach, which would bypass municipalities that generally manage zoning practices. [1]
In an effort to salvage this bill, Senator Kaiser recently engaged in negotiations with the League of Arizona Cities and Towns to come to a preliminary agreement on new affordable housing legislation. Provisions for this new effort were introduced in Senate Bills 1161 and 1163 on June 12. Notable components of the bills included:
Housing Needs Assessment:
- Every five years, municipalities would be required to publish a report of the projected population growth and job growth, including predictions for future needs of residential housing units across income levels.
- Every year, each municipality would need to submit an annual report to the Arizona Department of Housing a list of all proposed housing units and total number of net new residential housing units, as well as the number of units newly platted or given a certificate of occupancy.
Low-Income Housing:
- Municipalities with populations greater than 50,000 residents would be required to allow construction of low-income, multifamily residential rental properties in commercial, mixed-use, or multifamily zoned districts within one half mile of light rail or streetcar stops.
- Would prohibit municipalities from requiring use permits or additional board review to approve construction of low-income housing.
- Municipalities would have to give preference to Arizona residents for any available low-income housing assistance payments.
At-Risk Permits:
- Municipalities, after receiving certain approvals, would be required to issue an at-risk permit for grading and earthmoving of a preliminary plat.
Zoning Regulations:
- Within zones permitting residential uses, regulations would prevent certain municipalities from requiring:
- Lot size minimums greater than 4000 feet
- Lot width minimums greater than forty feet
- Front or rear setbacks greater than ten feet (except for garages)
- Side yards with greater than 5-foot setbacks
- A percentage of the lot that may be occupied by a structure
- Certain municipalities could not, in any zone allowing residential uses, prohibit the placement of a new manufactured home titled as real property built according to HUD standards.
- Instructed certain larger municipalities to provide additional residential zones for greater housing density (duplexes and triplexes).
Despite what appeared to be a promising path forward, the legislature rejected both bills earlier this week, making this the second failed attempt this year at addressing affordable housing in the state legislature.
On June 14, Senator Kaiser announced his resignation from the Arizona State Senate after less than six months in this current position. He provided no specific reason for his resignation. [2]
[1] https://www.yourvalley.net/stories/deal-to-overhaul-legislation-on-city-zoning-rules-reached,401649
[2] https://ktar.com/story/5507347/republican-steve-kaiser-submits-resignation-from-arizona-senate/
