 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
residential building materials; requirements; prohibition
Purpose
Prohibits a municipality from adopting or enforcing any code, ordinance, standard, stipulation or other legal requirement that limits the use or installation of a building material for single-family residential building construction that is approved by and meets the conditions specified in the municipality's building codes. Prohibits a municipality from regulating design aesthetics for a single-family residential building.
Background
Statute
authorizes municipalities to adopt zoning ordinances and codes to conserve and
promote the public health, safety, convenience and general welfare. A
municipality may:
1) regulate the use of buildings, structures and land between agriculture,
residence, industry and business; 2) regulate the location, height, bulk,
number of stories and size of buildings and structures, the size and use of
lots, yards, courts and other open spaces, the percentage of a lot that may be
occupied by a building or structure, access to incident solar energy and the
intensity of land use; 3) establish requirements for off-street parking and
loading; 4) establish and maintain building setback lines; and 5) establish
floodplain and age-specific community zoning districts and districts of
historical significance (A.R.S.
§ 9-462.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
a) prohibits or limits using or installing a building material in the construction, renovation, maintenance or other alteration of a single-family residential building if the building material is approved by and meets the conditions specified in the municipality's building codes; or
b) subjects a prefabricated residential building, material or component to additional or different requirements from other residential buildings except as required by federal law.
2. Prohibits a municipality from regulating design aesthetics for a single-family residential building except within an area that is designated:
a) as a district of historical significance in accordance with statute; or
b) as historic on the National Register of Historic Places.
3. Stipulates that the building material and design aesthetics requirements do not supersede applicable building codes, fire codes, dark sky ordinances or public health and safety standards.
4. Defines building material as a substance used for the construction, renovation, maintenance or other alteration of a structure including wood, concrete, steel, brick, glass and plastic.
5. Defines prefabricated residential building as a structure or a portion of a structure that is transportable in one or more sections that is designed to be used as a dwelling with or without a permanent foundation when connected to required utilities.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Clarifies that a municipality may not prohibit or limit using or installing a building material in the construction, renovation, maintenance or other alteration of a single-family residential building if the building material:
a) is approved for construction, renovation, maintenance or other alteration by the municipality's building code; and
b) meets the conditions specified in the municipality's building codes.
a) a district of historical significance in accordance with statute; or
b) historic on the National Register of Historic Places.
3. Stipulates that the building material and design aesthetics requirements do not supersede applicable building codes, fire codes, dark sky ordinances or public health and safety standards.
4. Defines building material as a substance used for the construction, renovation, maintenance or other alteration of a structure including wood, concrete, steel, brick, glass and plastic.
5. Makes technical and conforming changes.
House Action Senate Action
GOV 1/31/24 DP 8-1-0-0 GOV 3/21/24 DP 7-0-1
3rd Read 2/13/24 46-11-1-0-2
Prepared by Senate Research
May 8, 2024
JT/MA/slp