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ZTA25-03 – Middle Housing Brief Description The purpose of the proposed Zoning Text Amendment, ZTA25-03, is to align Section 35.2.1011 of the Unified Development Code (UDC) with the Arizona Revised State (ARS) Statute House Bill (HB) 2721 addressing Middle Housing on properties which permit single-family residences, Sections 35.8.003 “Use Standard Definitions” and 35.8.004 “Specific Definitions”, and the Use Standard tables for all zoning districts, including Table 2.100-1, Table 2.200-1, Table 2.300-1, Table 2.400-1, Table 2.500-1, Table 2.600-1, and Table 2.700-1. ARS HB 2721 states, in its entirety: Be it enacted by the Legislature of the State of Arizona: Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.10, to read: 9-462.10. Zoning; development; middle housing; 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, fiveplexes and townhomes as a permitted use on all lots zoned for single-family residential use. B. The municipality may not do any of the following: 1. Discourage the development of middle housing through unreasonable costs, fees, delays or other requirements or actions, which individually or cumulatively make impracticable the permitting, siting, or construction of middle housing. 2. Restrict middle housing types to less than two floors or a floor area ratio of less than one. 3. Set restrictions, permitting or review processes for middle housing that are more restrictive than those for single-family dwellings within the same zone. 4. Require owner occupancy of any structures on the lot. 5. Require any structures to comply with a commercial building code or to contain a fire sprinkler. C. The municipality shall allow the property owner to determine the location, number and form of off-street vehicle parking spaces. D. 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. E. 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 municipal 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. F. 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. G. For the purpose of this section: 1. "duplex" means a parcel or lot with two dwelling units that are designed for residential occupancy by not more than two households living independently from each other. 2. "fiveplex" means a parcel or lot with five dwelling units that are designed for residential occupancy by not more than five households living independently from each other. 3. "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. 4. "fourplex" means a parcel or lot with four dwelling units that are designed for residential occupancy by not more than four households living independently from each other. 5. "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. 6. "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, fiveplexes and townhouses. 7. "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 that a site plan conforms with applicable zoning regulations. 8. "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. 9. "triplex" means a parcel or lot with three dwelling units that are designed for residential occupancy by not more than three households living independently from each other. The UDC was adopted on January 12, 2024, and HB 2721 was signed by the Arizona State Governor on May 21, 2024. The proposed amendment to the UDC brings the UDC into conformance with HB 2721 which establishes regulations for Middle Housing in the Central Business District. The UDC is proposed to adopt the language below in red. The draft text amendment language is as follows: DRAFT TEXT AMENDMENT (ZTA25-03) SECTION 35.2.1011 “CENTRAL BUSINESS DISTRICT” A. [RESERVED] B. MIDDLE HOUSING 1. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO CONFORM WITH A.R.S. § 9-462.13, WHICH REQUIRES MUNICIPALITIES WITH POPULATIONS OF 75,000 OR MORE PERSONS TO ALLOW DUPLEXES, TRIPLEXES, FOURPLEXES AND TOWNHOMES AS A PERMITTED USE NO LATER THAN JANUARY 1, 2026, ON BOTH OF THE FOLLOWING: (1) LOTS ZONED FOR SINGLE-FAMILY RESIDENTIAL USE WITHIN ONE MILE OF THE MUNICIPALITY'S CENTRAL BUSINESS DISTRICT; AND (2) AT LEAST TWENTY PERCENT OF ANY NEW DEVELOPMENT OF MORE THAN TEN CONTIGUOUS ACRES. THE REGULATIONS IN THIS ARTICLE ARE IN ADDITION TO OTHER CODES AND REQUIREMENTS OF THE CITY. 2. DEFINITIONS. TERMS USED IN THIS ARTICLE HAVE THE FOLLOWING DEFINITIONS: A. “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 THE EFFECTIVE DATE OF THE SECTION. B. “DUPLEX” MEANS TWO DWELLING UNITS ON THE SAME PARCEL OR LOT IN ATTACHED, DETACHED OR SEMI-DETACHED ARRANGEMENTS THAT ARE DESIGNED FOR RESIDENTIAL OCCUPANCY BY NOT MORE THAN TWO HOUSEHOLDS LIVING INDEPENDENTLY FROM EACH OTHER. C. “FOURPLEX” MEANS FOUR DWELLING UNITS ON THE SAME PARCEL OR LOT IN ATTACHED, DETACHED OR SEMI-DETACHED ARRANGEMENTS THAT ARE DESIGNED FOR RESIDENTIAL OCCUPANCY BY NOT MORE THAN FOUR HOUSEHOLDS LIVING INDEPENDENTLY FROM EACH OTHER. D. “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. E. “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. F. “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. G. “TRIPLEX” MEANS THREE DWELLING UNITS ON THE SAME PARCEL OR LOT IN ATTACHED, DETACHED OR SEMI-DETACHED ARRANGEMENTS THAT ARE DESIGNED FOR RESIDENTIAL OCCUPANCY BY NOT MORE THAN THREE HOUSEHOLDS LIVING INDEPENDENTLY FROM EACH OTHER. 3. ELIGIBILITY FOR MIDDLE HOUSING AS A PERMITTED USE. A. ELIGIBILITY. SUBJECT TO THE REQUIREMENTS OF THIS SECTION, A DUPLEX, TRIPLEX, FOURPLEX, OR TOWNHOME IS ALLOWED AS A PERMITTED USE ON: 1. A LOT ZONED FOR SINGLE-FAMILY RESIDENTIAL USE WITHIN ONE MILE OF THE MUNICIPALITY'S CENTRAL BUSINESS DISTRICT. THE WORKING GROUP INTERPRETED “ZONED FOR SINGLE-FAMILY RESIDENTIAL USE” AS REFERRING TO ZONING DISTRICTS THAT ALLOW FOR SINGLE-FAMILY HOMES ONLY.; OR 2. AT LEAST TWENTY PERCENT OF A NEW DEVELOPMENT OF MORE THAN TEN CONTIGUOUS ACRES. THE WORKING GROUP INTERPRETED “NEW DEVELOPMENT” AS REFERRING TO AN APPLICATION FOR UNIFIED (NON- PHASED) DEVELOPMENT PROJECT. B. NON-ELIGIBILITY. THE FOLLOWING AREAS ARE NOT ELIGIBLE TO CONSTRUCT A DUPLEX, TRIPLEX, FOURPLEX, OR TOWNHOME AS A PERMITTED USE AS PROVIDED IN THIS ARTICLE: 1. AREAS THAT ARE NOT INCORPORATED; 2. AREAS THAT LACK SUFFICIENT URBAN SERVICES THE DEVELOPMENT SERVICES DIRECTOR WILL MAKE THE DETERMINATION OF WHETHER THERE ARE 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 A.R.S., 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; AND 8. ANY LAND WITHIN THE TERRITORY IN THE VICINITY OF A MILITARY AIRPORT AS DEFINED IN A.R.S. § 28-8461. C. APPLICATION PROCESS. A PROPERTY OWNER SEEKING TO DEVELOP AN ELIGIBLE PROJECT SHALL SUBMIT AN APPLICATION THAT INCLUDES THE FOLLOWING: 1. EVIDENCE SATISFACTORY TO THE DEVELOPMENT SERVICES DIRECTOR THAT THE PROPOSED DUPLEX, TRIPLEX, FOURPLEX, OR TOWNHOME IS ELIGIBLE AS A PERMITTED USE IN ACCORDANCE WITH THIS SECTION; 2. A SITE PLAN IN CONFORMANCE WITH THE CITY SITE PLAN REVIEW AND APPROVAL PROCESS; 3. EVIDENCE OF SITE PLAN REVIEW AND APPROVAL BY ANY UTILITY PROVIDER IMPACTED BY THE PROPOSED DEVELOPMENT; 4. EVIDENCE OF SUFFICIENT URBAN SERVICES FOR THE ENTIRE PROPOSED DEVELOPMENT; 5. EVIDENCE OF ADEQUATE EXISTING PUBLIC SEWER AND WATER SERVICE FOR THE ENTIRE PROPOSED DEVELOPMENT; AND 6. COMPLIANCE WITH ALL APPLICABLE BUILDING CODE, COMMERCIAL CODE, PLUMBING AND MECHANICAL CODE, ELECTRIC CODE, ENERGY CONSERVATION CODE, FIRE CODE, PROPERTY MAINTENANCE CODE, NEIGHBORHOOD PRESERVATION CODE, ANTI-BLIGHT CODE OR OTHER SIMILAR CODE. D. UTILITIES. NOTWITHSTANDING THE PROVISIONS OF THIS ARTICLE, A UTILITY PROVIDER IMPACTED BY AN APPLICATION UNDER THIS SECTION SHALL HAVE THE OPPORTUNITY TO REVIEW AND APPROVE THE SITE PLAN FOR THE DEVELOPMENT. E. DEVELOPMENT STANDARDS AND REQUIREMENTS. AN ELIGIBLE PROJECT SHALL COMPLY WITH THE FOLLOWING DEVELOPMENT STANDARDS AND REQUIREMENTS: 1. PARKING. ONE (1) OFF-STREET PARKING SPACE REQUIRED PER UNIT. 2. HEIGHT. MAXIMUM HEIGHT TO COMPLY WITH THE PROPERTY ZONING DISTRICT. 3. DENSITY. NO GREATER THAN 50% FLOOR AREA RATIO. Section 35.8.003 – Use Standard Definitions. Dwelling, Duplex: A single building containing two (2) dwelling units located on individual or separate lots designed for or used by a single housekeeping unit living independently of each other. Dwelling units are typically attached by a common vertical wall and may be side by side or up and down. TWO (2) DWELLING UNITS ON THE SAME PARCEL OR LOT IN ATTACHED, DETACHED, OR SEMI-DETACHED ARRANGEMENTS THAT ARE DESIGNED FOR RESIDENTIAL OCCUPANCY BY NOT MORE THAN TWO (2) HOUSEHOLDS LIVING INDEPENDENTLY FROM EACH OTHER. Section 35.8.004 – Specific Definitions. CENTRAL BUSINESS DISTRICT: AN AREA OR SERIES OF AREAS DESIGNATED BY A MUNICIPALITY THAT ARE PRIMARILY NONINDUSTRIAL AND THAT ATTRACT COMMUNITY ACTIVITY, INCLUDING AREA AS DESIGNATED BY RESOLUTION NUMBER R19-07 AND ASSOCIATED MAP (SEE EXHIBIT A BELOW) ADOPTED JANUARY 22, 2019: FOURPLEX: FOUR (4) DWELLING UNITS ON THE SAME PARCEL OR LOT IN ATTACHED, DETACHED, OR SEMI-DETACHED ARRANGEMENTS THAT ARE DESIGNED FOR RESIDENTIAL OCCUPANCY BY NOT MORE THAN FOUR HOUSEHOLDS LIVING INDEPENDENTLY FROM EACH OTHER. TRIPLEX: THREE (3) DWELLING UNITS ON THE SAME PARCEL OR LOT IN ATTACHED, DETACHED, OR SEMI-DETACHED ARRANGEMENTS THAT ARE DESIGNED FOR RESIDENTIAL OCCUPANCY BY NOT MORE THAN THREE (3) HOUSEHOLDS LIVING INDEPENDENTLY FROM EACH OTHER. Table 2.100-1: Table of Allowed Uses for Agricultural District Residential Use Category [1] Dwelling, Single-Family Detached P Sec. 35.3.102.A Dwelling, Modular Home P Sec. 35.3.102.D Residential Care Home P Sec. 35.3.102.F Short-term or Vacation Rental P NOTES: [1] FOR MIDDLE HOUSING PROPOSALS, REFER TO SECTION 35.2.1011.B “MIDDLE HOUSING” FOR APPLICABLE REQUIREMENTS. Table 2.200-1: Table of Allowed Uses for Rural/Suburban Residence Districts Residential Use Category [1] Bed & Breakfast C C C C Dwelling, Single-Family Detached P P P P Sec. 35.3.102.A Dwelling, Modular Home P P P P Sec. 35.3.102.D Model Home Complex X P P P Sec. 35.3.102.G Residential Care Home P P P P Sec. 35.3.102.F Short-term or Vacation Rental P P P P NOTES: [1] FOR MIDDLE HOUSING PROPOSALS, REFER TO SECTION 35.2.1011.B “MIDDLE HOUSING” FOR APPLICABLE REQUIREMENTS. Table 2.300-1: Table of Allowed Uses for Single Residence Districts Residential Use Category [1] Dwelling, Duplex X X X X P Dwelling, Single-Family Attached X X X X P Dwelling, Single-Family Detached P P P P P Sec. 35.3.102.A Dwelling, Modular Home P P P P P Sec. 35.3.102.D Residential Care Home P P P P P Sec. 35.3.102.F Model Home Complex P P P P P Sec. 35.3.102.G Short-Term or Vacation Rental P P P P P NOTES: [1] FOR MIDDLE HOUSING PROPOSALS, REFER TO SECTION 35.2.1011.B “MIDDLE HOUSING” FOR APPLICABLE REQUIREMENTS. Table 2.400-1: Table of Allowed Uses for Multiple Residence Districts Residential Use Category [1] Dwelling, Duplex P X X X Dwelling, Single-Family Attached P P P X Dwelling, Single-Family Detached P [1] [2] P [1] [2] P [1] [2] X Sec. 35.3.102.A Dwelling, For Rent Community P P P P Sec. 35.3.102.C Dwelling, Multi-Family P P P P Dwelling, Live/Work X X X C Sec. 35.3.102.B Mixed-Use Residential X C C C Sec. 35.3.102.E Dwelling, Modular Home P X X X Sec. 35.3.102.D Group Care Home C C C Sec. 35.3.102.F Model Home Complex P X X X Sec. 35.3.102.G Residential Care Home P X X X Sec. 35.3.102.F Residential Care Center X P P P Sec. 35.3.102.F Senior Care, Assisted Living, and Memory Care Facilities X X X C Short-term or Vacation Rental P P P P NOTES: [1] FOR MIDDLE HOUSING PROPOSALS, REFER TO SECTION 35.2.1011.B “MIDDLE HOUSING” FOR APPLICABLE REQUIREMENTS. [1] [2] Dwelling, Single Family Detached uses shall only be permitted for lots that were lawfully established and recorded prior to the date of the passage of this ordinance (insert date) and that do not meet the minimum dimension standards as defined in Table 2.400-2 for the zoning district in which they are located. Table 2.500-1: Table of Allowed Uses for Commercial Districts Residential Use Category [1] Dwelling, Live/Work X X X C Sec. 35.3.102.B Dwelling, Mixed-Use Residential X X X P Sec. 35.3.102.E Group Care Home X X C X Sec. 35.3.102.F Residential Care Center P P X X Sec. 35.3.102.F Senior Care, Assisted Living, and Memory Care Facilities C P P C Short-term or Vacation Rental X X X P NOTES: [1] FOR MIDDLE HOUSING PROPOSALS, REFER TO SECTION 35.2.1011.B “MIDDLE HOUSING” FOR APPLICABLE REQUIREMENTS. Table 2.600-1: Table of Allowed Uses for Professional Office Districts Residential Use Category [1] Dwelling, Single-Family Detached [1] [2] P C X Sec. 35.3.102.A Dwelling, Live/Work [1] [2] P C X Sec. 35.3.102.B Residential Care Home P X X Sec. 35.3.102.F Short-term or Vacation Rental P X X NOTES: [1] FOR MIDDLE HOUSING PROPOSALS, REFER TO SECTION 35.2.1011.B “MIDDLE HOUSING” FOR APPLICABLE REQUIREMENTS. [1] [2] SHALL BE LIMITED TO A SINGLE RESIDENCE OCCUPIED BY OWNER OR EMPLOYEE OF BUSINESS ON THE PROPERTY. Table 2.700-1: Table of Allowed Uses for Business/Industrial Districts Specific Use Type P = Permitted Use C = Conditional Use SU = Special Use District X = Prohibited Business/Industrial Zoning Districts [1] NOTES: [1] FOR MIDDLE HOUSING PROPOSALS, REFER TO SECTION 35.2.1011.B “MIDDLE HOUSING” FOR APPLICABLE REQUIREMENTS.