HB 2297 Commercial Building Adaptive Reuse
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- i - Senate Engrossed House Bill adaptive reuse; commercial buildings; zoning (now: zoning; adaptive reuse; commercial buildings) (now: commercial buildings; adaptive reuse) State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 CHAPTER 141 HOUSE BILL 2297 AN ACT AMENDING TITLE 9, CHAPTER 4, ARTICLE 6.1, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-462.10; RELATING TO MUNICIPAL ZONING. (TEXT OF BILL BEGINS ON NEXT PAGE) H.B. 2297 - 1 - Be it enacted by the Legislature of the State of Arizona: 1 Section 1. Title 9, chapter 4, article 6.1, Arizona Revised 2 Statutes, is amended by adding section 9-462.10, to read: 3 9-462.10. Commercial buildings; multifamily development; 4 adaptive reuse; prohibition on rezoning or 5 municipal review; objective standards; 6 applicability; definitions 7 A. ON OR BEFORE JANUARY 1, 2025, THE GOVERNING BODY OF A 8 MUNICIPALITY WITH A POPULATION OF ONE HUNDRED FIFTY THOUSAND OR MORE 9 PERSONS SHALL ESTABLISH OBJECTIVE STANDARDS TO ALLOW MULTIFAMILY 10 RESIDENTIAL DEVELOPMENT OR ADAPTIVE REUSE ON NOT MORE THAN TEN PERCENT OF 11 THE TOTAL EXISTING COMMERCIAL, OFFICE OR MIXED USE BUILDINGS WITHIN THE 12 MUNICIPALITY WITHOUT REQUIRING A CONDITIONAL USE PERMIT, A PLANNED UNIT 13 DEVELOPMENT OR REZONING APPLICATION OR ANY OTHER APPLICATION THAT WOULD 14 REQUIRE A PUBLIC HEARING. THE GOVERNING BODY OF THE MUNICIPALITY MAY 15 MODIFY THE PERCENTAGE OF EXISTING COMMERCIAL, OFFICE OR MIXED USE 16 BUILDINGS WITHIN THE MUNICIPALITY AVAILABLE FOR MULTIFAMILY RESIDENTIAL 17 DEVELOPMENT OR ADAPTIVE REUSE EVERY TEN YEARS. 18 B. A MUNICIPALITY MAY DESIGNATE COMMERCIAL OR EMPLOYMENT HUBS AND 19 OTHER ESSENTIAL COMMERCIAL OR EMPLOYMENT USE AREAS WHERE EXISTING 20 COMMERCIAL, OFFICE, EMPLOYMENT OR MIXED USE BUILDINGS ARE EXCLUDED FROM 21 THE PROVISIONS OF THIS SECTION. THE DESIGNATIONS MADE PURSUANT TO THIS 22 SUBSECTION MAY NOT EXCEED TEN PERCENT OF THE EXISTING COMMERCIAL, OFFICE, 23 EMPLOYMENT OR MIXED USE BUILDINGS WITHIN THE MUNICIPALITY. A MUNICIPALITY 24 MAY MODIFY THE COMMERCIAL OR EMPLOYMENT HUBS THAT ARE EXCLUDED FROM THE 25 PROVISIONS OF THIS SECTION ONCE EVERY TEN YEARS. 26 C. FOR MULTIFAMILY RESIDENTIAL DEVELOPMENT OR ADAPTIVE REUSE, THE 27 OBJECTIVE STANDARDS ESTABLISHED BY A MUNICIPALITY SHALL REQUIRE BUT MAY 28 NOT REQUIRE MORE THAN THE FOLLOWING: 29 1. A MUNICIPAL SITE PLAN REVIEW AND APPROVAL PROCESS REQUIREMENT, 30 INCLUDING SITE PLAN REVIEW BY ANY UTILITY PROVIDER IMPACTED BY THE 31 PROPOSED DEVELOPMENT. 32 2. ADEQUATE PUBLIC SEWER AND WATER SERVICE FOR THE ENTIRE PROPOSED 33 DEVELOPMENT. 34 3. COMPLIANCE WITH ALL APPLICABLE BUILDING AND FIRE CODES. 35 4. THAT THE EXISTING BUILDINGS ARE ECONOMICALLY OR FUNCTIONALLY 36 OBSOLETE. 37 5. THAT THE EXISTING BUILDINGS ARE LOCATED ON A PARCEL OR PARCELS 38 THAT ARE AT LEAST ONE ACRE IN SIZE BUT NOT MORE THAN TWENTY ACRES IN SIZE. 39 6. A SET ASIDE OF TEN PERCENT OF THE TOTAL DWELLING UNITS FOR 40 EITHER MODERATE-INCOME HOUSING OR LOW-INCOME HOUSING OR ANY COMBINATION OF 41 THE TWO FOR AT LEAST TWENTY YEARS AFTER THE INITIAL OCCUPATION OF THE 42 PROPOSED DEVELOPMENT. THE DEVELOPER MAY SET ASIDE MORE THAN TEN PERCENT 43 AT THE DEVELOPER'S SOLE DISCRETION. 44 H.B. 2297 - 2 - D. THE OBJECTIVE STANDARDS MAY NOT CONTAIN PARKING SPACE 1 REQUIREMENTS THAT EXCEED THE PARKING REQUIREMENTS THAT APPLY TO 2 MULTIFAMILY RESIDENTIAL BUILDINGS OR ADAPTIVE REUSE BUILDINGS UNDER THE 3 EXISTING ZONING CODE UNLESS THE PROPOSED MULTIFAMILY RESIDENTIAL 4 DEVELOPMENT OR ADAPTIVE REUSE ALSO QUALIFIES AS A MIXED USE DEVELOPMENT. 5 E. A MUNICIPALITY MAY NOT WITHHOLD A DEMOLITION PERMIT IF A 6 MULTIFAMILY RESIDENTIAL DEVELOPMENT MEETS THE REQUIREMENTS OF THIS 7 SECTION. FOR A MULTIFAMILY RESIDENTIAL DEVELOPMENT, ALL OF THE FOLLOWING 8 APPLY: 9 1. THE DEMOLITION OF ALL OR A PORTION OF THE EXISTING COMMERCIAL, 10 OFFICE OR MIXED USE BUILDINGS SHALL BE ALLOWED. 11 2. SETBACK REQUIREMENTS MAY NOT EXCEED WHAT IS REQUIRED IN THE 12 EXISTING ZONING CODE FOR MULTIFAMILY RESIDENTIAL BUILDINGS. 13 3. NOTWITHSTANDING SECTION 9-462.01, SUBSECTION C, THE MAXIMUM 14 HEIGHT AND DENSITY SHALL BE EQUAL TO THE HIGHEST ALLOWABLE MULTIFAMILY 15 HEIGHT AND DENSITY FOR A MULTIFAMILY ZONING DISTRICT IN THE MUNICIPALITY 16 WITHIN ONE MILE OF THE BUILDING TO BE REDEVELOPED. IF THERE IS NO 17 MULTIFAMILY ZONING DISTRICT IN THE MUNICIPALITY WITHIN ONE MILE OF THE 18 BUILDING TO BE REDEVELOPED, THE MAXIMUM HEIGHT AND DENSITY SHALL BE 19 EQUIVALENT TO THE NEXT CLOSEST MULTIFAMILY ZONING DISTRICT. 20 4. THE ALLOWABLE HEIGHT MAY NOT EXCEED FIVE STORIES AND A 21 MUNICIPALITY MAY LIMIT THE HEIGHT TO TWO STORIES IN THE AREAS OF A SITE 22 WITHIN ONE HUNDRED FEET OF SINGLE-FAMILY RESIDENTIAL ZONES. MULTIFAMILY 23 RESIDENTIAL DEVELOPMENT THAT IS CONSTRUCTED PURSUANT TO THIS SECTION DOES 24 NOT QUALIFY AS BEING WITHIN ONE MILE OF THE BUILDING BEING REDEVELOPED OR 25 THE NEXT CLOSEST MULTIFAMILY BUILDING. 26 F. A MUNICIPALITY MAY NOT WITHHOLD A DEMOLITION PERMIT IF AN 27 ADAPTIVE REUSE PROJECT MEETS THE REQUIREMENTS OF THIS SECTION. FOR 28 ADAPTIVE REUSE, ALL OF THE FOLLOWING APPLY: 29 1. THE DEMOLITION OF A PORTION OF THE EXISTING COMMERCIAL, OFFICE 30 OR MIXED USE BUILDING OR BUILDINGS SHALL BE ALLOWED. 31 2. THE SETBACK REQUIREMENTS FOR THE PROPOSED USE SHALL APPLY. IF 32 THE MINIMUM SETBACK REQUIREMENT THAT APPLIES TO THE EXISTING COMMERCIAL, 33 OFFICE OR MIXED USE BUILDING IS LESS THAN THE MINIMUM SETBACK REQUIREMENT 34 THAT APPLIES TO THE PROPOSED USE, THE EXISTING BUILDING SHALL BE 35 CONSIDERED NONCONFORMING FOR SETBACK PURPOSES UNLESS EASEMENTS, INCLUDING 36 PUBLIC UTILITY EASEMENTS, ARE LOCATED WITHIN SETBACK AREAS. 37 3. IF THE MAXIMUM ALLOWABLE HEIGHT THAT APPLIES TO THE EXISTING 38 COMMERCIAL, OFFICE OR MIXED USE BUILDING EXCEEDS THE MAXIMUM ALLOWABLE 39 HEIGHT FOR THE PROPOSED USE, THE EXISTING HEIGHT MAY REMAIN AND SHALL BE 40 CONSIDERED NONCONFORMING FOR HEIGHT PURPOSES AND THE EXISTING BUILDING MAY 41 BE EXPANDED TO THE MAXIMUM ALLOWABLE DENSITY FOR THE PROPOSED USE. ANY 42 ROOFTOP APPURTENANCES SHALL BE INCLUDED WITHIN THE HEIGHT EXEMPTION. 43 H.B. 2297 - 3 - G. THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING: 1 1. LAND IN AN AREA THAT IS DESIGNATED AS A DISTRICT OF HISTORICAL 2 SIGNIFICANCE PURSUANT TO SECTION 9-462.01, SUBSECTION A, PARAGRAPH 10. 3 2. LAND IN AN AREA THAT IS DESIGNATED HISTORIC BY A LOCAL 4 GOVERNMENT. 5 3. LAND IN AN AREA THAT IS DESIGNATED AS HISTORIC ON THE NATIONAL 6 REGISTER OF HISTORIC PLACES. 7 4. LAND IN THE TERRITORY IN THE VICINITY OF A MILITARY AIRPORT OR 8 ANCILLARY MILITARY FACILITY AS DEFINED IN SECTION 28-8461. 9 5. LAND IN THE TERRITORY IN THE VICINITY OF A FEDERAL AVIATION 10 ADMINISTRATION COMMERCIALLY LICENSED AIRPORT OR A GENERAL AVIATION OR 11 PUBLIC AIRPORT AS DEFINED IN SECTION 28-8486. 12 6. LAND IN A MUNICIPALITY THAT IS LOCATED ON TRIBAL LAND. 13 H. FOR THE PURPOSES OF THIS SECTION: 14 1. "ADAPTIVE REUSE" MEANS CONVERTING AN EXISTING BUILDING FROM THE 15 USE FOR WHICH IT WAS CONSTRUCTED TO A NEW USE BY MAINTAINING SOME OR ALL 16 OF THE ELEMENTS OF THE BUILDING. 17 2. "BUILDING CODE" HAS THE SAME MEANING PRESCRIBED IN SECTION 18 9-1301. 19 3. "ECONOMICALLY OR FUNCTIONALLY OBSOLETE" MEANS THE COMMERCIAL, 20 OFFICE OR MIXED USE BUILDING IS IN A STATE OF DISREPAIR OR HAS A FIFTY 21 PERCENT VACANCY IN THE TOTAL LEASABLE SQUARE FOOTAGE. 22 4. "LOW-INCOME HOUSING" MEANS HOUSING: 23 (a) FOR A PERSON OR PERSONS WHOSE HOUSEHOLD INCOME DOES NOT EXCEED 24 EIGHTY PERCENT OF THE AREA MEDIAN INCOME. 25 (b) FOR WHICH THE OCCUPANT PAYS NOT MORE THAN THIRTY PERCENT OF THE 26 OCCUPANT'S GROSS INCOME FOR THE OCCUPANT'S RENT OR MORTGAGE, AS DETERMINED 27 BY THE ARIZONA DEPARTMENT OF HOUSING AND ADJUSTED FOR HOUSEHOLD SIZE BASED 28 ON THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 29 5. "MODERATE-INCOME HOUSING" MEANS HOUSING: 30 (a) FOR A PERSON OR PERSONS WHOSE HOUSEHOLD INCOME DOES NOT EXCEED 31 ONE HUNDRED TWENTY PERCENT OF THE AREA MEDIAN INCOME. 32 (b) FOR WHICH THE OCCUPANT PAYS NOT MORE THAN THIRTY PERCENT OF THE 33 OCCUPANT'S GROSS INCOME FOR THE OCCUPANT'S RENT OR MORTGAGE, AS DETERMINED 34 BY THE ARIZONA DEPARTMENT OF HOUSING AND ADJUSTED FOR HOUSEHOLD SIZE BASED 35 ON THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. 36 6. "MULTIFAMILY RESIDENTIAL DEVELOPMENT" MEANS A BUILDING OR 37 BUILDINGS THAT ARE DESIGNED AND USED FOR RESIDENTIAL PURPOSES AND THAT 38 CONTAIN MORE THAN ONE APARTMENT OR DWELLING UNIT FOR SALE OR FOR RENT BUT 39 THAT ARE NOT ADAPTIVE REUSE. 40 7. "NONCONFORMING" MEANS STRUCTURES THAT HAVE RECEIVED BUILDING AND 41 ZONING PERMITS UNDER THE REGULATIONS IN PLACE AT THE TIME OF CONSTRUCTION. 42 H.B. 2297 - 4 - 8. "ROOFTOP APPURTENANCES": 1 (a) MEANS ROOFTOP STRUCTURES THAT PRINCIPALLY HOUSE AIR 2 CONDITIONING EQUIPMENT, SOLAR PANELS, UTILITIES, ELEVATORS, OTHER ENERGY 3 PRODUCTION FACILITIES AND OTHER NONHABITABLE STRUCTURES. 4 (b) INCLUDES OPEN SPACE FEATURES, SWIMMING POOLS, SPACE FOR USE BY 5 RESIDENTS AND LANDSCAPING. 6 (c) DOES NOT INCLUDE ENCLOSED AREAS, SPIRES, BELL TOWERS, DOMES, 7 CUPOLAS, PEDIMENTS, OBELISKS OR MONUMENTS. 8 APPROVED BY THE GOVERNOR APRIL 10, 2024. FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 10, 2024.