Assigned to JUD                                                                                                                     FOR COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

FACT SHEET FOR S.B. 1409

 

zoning ordinances; property rights; costs

Purpose

            Requires the legislative body of a municipality to consider and adopt an impact statement that includes specified information before adopting any zoning ordinance or zoning ordinance text amendment of general applicability.

Background

            Statute requires the legislative body of a municipality to consider the individual property rights and personal liberties of the residents of the municipality before adopting any zoning ordinance (A.R.S. § 9-462.01). A zoning ordinance is a municipal ordinance regulating the use of the land or structures or both as specified in statute (A.R.S. § 9-462).

            Statute prohibits a municipality from adopting or enforcing a land use regulation that requires the property on which a nongovernmental primary or secondary school operates to be larger than one acre (A.R.S. § 9-462.01).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires the legislative body of a municipality, before adopting any zoning ordinance or zoning ordinance text amendment of general applicability, to consider and adopt an individual property rights cost of housing impact statement regarding the impact of the zoning ordinance or text amendment, including:

a)   a general statement of the probable impact of the proposed zoning ordinance or text amendment on individual property rights and personal liberties of the property owners of the municipality;

b)   a general estimate of the probable cost impact on the cost to construct housing for sale or rent;

c)   a description of any data or reference material on which the proposed zoning ordinance or text amendment is based; and

d)   a description of any less costly or less restrictive alternative methods of achieving the purpose of the proposed zoning ordinance or text amendment.

2.   Prohibits a municipality from adopting or enforcing a land use regulation that unreasonably increases the cost to construct housing for sale or rent.

3.   Makes technical changes.

4.   Becomes effective on the general effective date.

Prepared by Senate Research

February 2, 2021

JA/RC/kja