PREFILED JAN 07 2026
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REFERENCE TITLE: religious institutions; allowed use; zoning |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1096 |
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Introduced by Senator Kavanagh
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AN ACT
amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.15; amending title 11, chapter 6, article 2, Arizona Revised Statutes, by adding section 11-820.05; relating to zoning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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 9-462.15, to read:
9-462.15. Religious institutions; allowed use developments; senior living community; definitions
A. any senior living community development on an eligible site is considered an allowed use development and may be developed without a rezoning application approval or rezoning hearing pursuant to section 9-462.01. A municipality may not impose any additional zoning restrictions on an allowed use development on an eligible site.
B. A municipality may require additional permits for an allowed use development on an eligible site if the same permits are required by the municipality for a comparable development project.
C. A municipality may require site improvements and impact fees for an allowed use development on an eligible site if the same site improvements and impact fees are required by the municipality for a comparable development project.
D. For the purposes of this section:
1. "eligible site" means existing buildings on one or more contiguous parcels owned by one or more religious institutions.
2. "Religious institution" means an institution that is owned, controlled, operated and maintained by a church, religious denomination or religious organization that is lawfully operating as a nonprofit religious corporation.
3. "senior living community":
(a) means a community for adults who are at least fifty-five years of age.
(b) Includes:
(i) Independent living facilities.
(ii) assisted living facilities as defined in section 36-401.
Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-820.05, to read:
11-820.05. Religious institutions; allowed use developments; senior living community; definitions
A. any senior living community development on an eligible site is considered an allowed use development and may be developed without a rezoning application approval or rezoning hearing pursuant to section 11-813. A county may not impose any additional zoning restrictions on an allowed use development on an eligible site.
B. A county may require additional permits for an allowed use development on an eligible site if the same permits are required by the county for a comparable development project.
C. A county may require site improvements and impact fees for an allowed use development on an eligible site if the same site improvements and impact fees are required by the county for a comparable development project.
D. For the purposes of this section:
1. "eligible site" means existing buildings on one or more contiguous parcels owned by one or more religious institutions.
2. "Religious institution" means an institution that is owned, controlled, operated and maintained by a church, religious denomination or religious organization that is lawfully operating as a nonprofit religious corporation.
3. "senior living community":
(a) means a community for adults who are at least fifty-five years of age.
(b) Includes:
(i) Independent living facilities.
(ii) assisted living facilities as defined in section 36-401.