HB2721

City of Chandler — Regular Meeting (2025-11-13)

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- i - 
 
 
 
 
Senate Engrossed House Bill 
 
municipal zoning; middle housing 
 
 
 
 
State of Arizona 
House of Representatives 
Fifty-sixth Legislature 
Second Regular Session 
2024 
 
 
 
HOUSE BILL 2721 
 
 
 
 
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. 2721 
 
 
 
 
 
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Be it enacted by the Legislature of the State of Arizona: 
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Section 1.  Title 9, chapter 4, article 6.1, Arizona Revised 
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Statutes, is amended by adding section 9-462.10, to read: 
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9-462.10.  Zoning; development; middle housing; applicability; 
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definitions 
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A.  ON OR BEFORE JANUARY 1, 2026, A MUNICIPALITY WITH A POPULATION 
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OF SEVENTY-FIVE THOUSAND PERSONS OR MORE MUST AUTHORIZE BY ORDINANCE AND 
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INCORPORATE INTO ITS DEVELOPMENT REGULATIONS, ZONING REGULATIONS AND OTHER 
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OFFICIAL CONTROLS THE DEVELOPMENT OF DUPLEXES, TRIPLEXES, FOURPLEXES AND 
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TOWNHOMES AS A PERMITTED USE ON BOTH OF THE FOLLOWING: 
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1.  ALL LOTS ZONED FOR SINGLE-FAMILY RESIDENTIAL USE WITHIN ONE MILE 
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OF THE MUNICIPALITY'S CENTRAL BUSINESS DISTRICT. 
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2.  AT LEAST TWENTY PERCENT OF ANY NEW DEVELOPMENT OF MORE THAN TEN 
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CONTIGUOUS ACRES. 
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B.  THE MUNICIPALITY MAY NOT DO ANY OF THE FOLLOWING: 
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1.  DISCOURAGE 
THE 
DEVELOPMENT 
OF 
MIDDLE 
HOUSING 
THROUGH 
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REQUIREMENTS 
OR 
ACTIONS 
THAT 
INDIVIDUALLY 
OR 
CUMULATIVELY 
MAKE 
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IMPRACTICABLE THE PERMITTING, SITING, OR CONSTRUCTION OF MIDDLE HOUSING. 
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2.  RESTRICT MIDDLE HOUSING TYPES TO LESS THAN TWO FLOORS. 
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3.  RESTRICT MIDDLE HOUSING TYPES TO A FLOOR AREA RATIO OF LESS THAN 
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FIFTY PERCENT. 
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4.  SET RESTRICTIONS, PERMITTING OR REVIEW PROCESSES FOR MIDDLE 
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HOUSING THAT ARE MORE RESTRICTIVE THAN THOSE FOR SINGLE-FAMILY DWELLINGS 
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WITHIN THE SAME ZONE. 
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5.  REQUIRE OWNER OCCUPANCY OF ANY STRUCTURES ON THE LOT. 
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6.  REQUIRE ANY STRUCTURES TO COMPLY WITH A COMMERCIAL BUILDING CODE 
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OR TO CONTAIN A FIRE SPRINKLER. 
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7.  REQUIRE MORE THAN ONE OFF-STREET PARKING SPACE PER UNIT. 
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C.  THIS SECTION DOES NOT PROHIBIT THE GOVERNING BODY OF A 
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MUNICIPALITY FROM ALLOWING EITHER OF THE FOLLOWING: 
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1.  SINGLE-FAMILY 
DWELLINGS 
IN 
AREAS 
ZONED 
FOR 
SINGLE-FAMILY 
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DWELLINGS. 
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2.  ADDITIONAL TYPES OF MIDDLE HOUSING NOT REQUIRED UNDER THIS 
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SECTION. 
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D.  THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING: 
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1.  AREAS THAT ARE NOT INCORPORATED.  
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2.  AREAS THAT LACK SUFFICIENT URBAN SERVICES. 
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3.  AREAS THAT ARE NOT SERVED BY WATER AND SEWER SERVICES. 
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4.  AREAS THAT ARE NOT ZONED FOR RESIDENTIAL USE. 
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5.  AREAS THAT ARE NOT INCORPORATED AND ARE ZONED UNDER AN INTERIM 
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ZONING DESIGNATION THAT MAINTAINS THE AREA'S POTENTIAL FOR PLANNED URBAN 
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DEVELOPMENT. 
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6.  AREAS COVERED UNDER TITLE 48, CHAPTER 6, ARTICLE 4. 
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7.  ANY LAND WITHIN THE TERRITORY IN THE VICINITY OF A PUBLIC 
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AIRPORT AS DEFINED IN SECTION 28-8486 OR TO THE EXTENT THIS SECTION WOULD 
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H.B. 2721 
 
 
 
 
 
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INTERFERE WITH THE PUBLIC AIRPORT'S ABILITY TO COMPLY WITH THE LAWS, 
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REGULATIONS AND REQUIREMENTS OF THE UNITED STATES RELATED TO APPLYING FOR, 
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RECEIVING OR SPENDING FEDERAL MONIES. 
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8.  ANY LAND WITHIN THE TERRITORY IN THE VICINITY OF A MILITARY 
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AIRPORT AS DEFINED IN SECTION 28-8461. 
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E.  IF A MUNICIPALITY DOES NOT ADOPT THE REGULATIONS REQUIRED BY 
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THIS SECTION ON OR BEFORE JANUARY 1, 2026, MIDDLE HOUSING SHALL BE ALLOWED 
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ON ALL LOTS IN THE MUNICIPALITY ZONED FOR SINGLE-FAMILY RESIDENTIAL USE 
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WITHOUT ANY LIMITATIONS. 
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F.  THIS SECTION DOES NOT CHANGE OR OTHERWISE IMPAIR THE TERMS OF 
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ANY DEVELOPMENT AGREEMENT THAT EXISTS ON THE EFFECTIVE DATE OF THIS 
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SECTION. 
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G.  NOTWITHSTANDING SUBSECTION A OF THIS SECTION, A UTILITY PROVIDER 
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IMPACTED BY A DEVELOPMENT BEING DEVELOPED PURSUANT TO THIS SECTION SHALL 
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HAVE THE OPPORTUNITY TO REVIEW AND APPROVE THE SITE PLAN FOR THE 
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DEVELOPMENT. 
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H.  FOR THE PURPOSE OF THIS SECTION: 
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1.  "BUILDING CODE": 
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(a)  MEANS A CONSTRUCTION CODE ADOPTED BY A MUNICIPALITY. 
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(b)  INCLUDES A MODEL BUILDING CODE, COMMERCIAL CODE, PLUMBING AND 
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MECHANICAL CODE, ELECTRIC CODE, ENERGY CONSERVATION CODE, FIRE CODE, 
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PROPERTY MAINTENANCE CODE, NEIGHBORHOOD PRESERVATION CODE, ANTI-BLIGHT 
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CODE OR OTHER SIMILAR CODE. 
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2.  "CENTRAL BUSINESS DISTRICT" MEANS AN AREA OR SERIES OF AREAS 
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DESIGNATED BY A MUNICIPALITY THAT ARE PRIMARILY NONINDUSTRIAL AND THAT 
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ATTRACT COMMUNITY ACTIVITY, INCLUDING THE ENTIRE GEOGRAPHIC AREA THAT THE 
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MUNICIPALITY HAS OFFICIALLY DESIGNATED AS ITS DOWNTOWN OR EQUIVALENT ON 
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THE EFFECTIVE DATE OF THE SECTION. 
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3.  "DUPLEX" MEANS TWO DWELLING UNITS ON THE SAME PARCEL OR LOT IN 
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ATTACHED, DETACHED OR SEMI-DETACHED ARRANGEMENTS THAT ARE DESIGNED FOR 
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RESIDENTIAL OCCUPANCY BY NOT MORE THAN TWO HOUSEHOLDS LIVING INDEPENDENTLY 
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FROM EACH OTHER. 
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4.  "FLOOR AREA RATIO" MEANS THE RATIO OF ALLOWED SQUARE FOOTAGE IN 
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A MIDDLE HOUSING PROJECT TO THE SQUARE FOOTAGE OF THE PARCEL ON WHICH IT 
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IS BUILT. 
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5.  "FOURPLEX" MEANS FOUR DWELLING UNITS ON THE SAME PARCEL OR LOT 
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IN ATTACHED, DETACHED OR SEMI-DETACHED ARRANGEMENTS THAT ARE DESIGNED FOR 
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RESIDENTIAL 
OCCUPANCY 
BY 
NOT 
MORE 
THAN 
FOUR 
HOUSEHOLDS 
LIVING 
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INDEPENDENTLY FROM EACH OTHER. 
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6.  "HOUSEHOLD" MEANS EITHER: 
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(a)  A SINGLE PERSON LIVING OR RESIDING IN A DWELLING OR PLACE OF 
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RESIDENCE. 
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(b)  TWO OR MORE PERSONS LIVING TOGETHER OR RESIDING IN THE SAME 
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DWELLING OR PLACE OF RESIDENCE. 
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H.B. 2721 
 
 
 
 
 
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7.  "MIDDLE HOUSING": 
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(a)  MEANS BUILDINGS THAT ARE COMPATIBLE IN SCALE, FORM AND 
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CHARACTER WITH SINGLE-FAMILY HOUSES AND THAT CONTAIN TWO OR MORE ATTACHED, 
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DETACHED, STACKED OR CLUSTERED HOMES.  
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(b)  INCLUDES DUPLEXES, TRIPLEXES, FOURPLEXES AND TOWNHOUSES. 
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8.  "PERMITTED USE" MEANS THE ABILITY FOR A DEVELOPMENT TO BE 
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APPROVED WITHOUT REQUIRING A PUBLIC HEARING, VARIANCE, CONDITIONAL USE 
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PERMIT, SPECIAL PERMIT OR SPECIAL EXCEPTION, OTHER THAN A DISCRETIONARY 
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ZONING ACTION TO DETERMINATION THAT A SITE PLAN CONFORMS WITH APPLICABLE 
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ZONING REGULATIONS. 
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9.  "TOWNHOUSES" MEANS DWELLING UNITS THAT ARE CONSTRUCTED IN A ROW 
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OF TWO OR MORE ATTACHED UNITS IN WHICH EACH DWELLING UNIT SHARES AT LEAST 
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ONE COMMON WALL WITH AN ADJACENT UNIT AND THAT ARE ACCESSED BY SEPARATE 
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OUTDOOR ENTRANCES. 
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10.  "TRIPLEX" MEANS THREE DWELLING UNITS ON THE SAME PARCEL OR LOT 
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IN ATTACHED, DETACHED OR SEMI-DETACHED ARRANGEMENTS THAT ARE DESIGNED FOR 
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RESIDENTIAL 
OCCUPANCY 
BY 
NOT 
MORE 
THAN 
THREE 
HOUSEHOLDS 
LIVING 
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INDEPENDENTLY FROM EACH OTHER.  
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