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REFERENCE TITLE: assisted living homes; occupancy; zoning |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1473 |
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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 municipal and county 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. Assisted living homes; assisted living facilities; occupancy cap; zoning regulations; relief; applicability; statewide preemption; definitions
A. A municipality may not adopt, enforce or maintain any law, ordinance or other regulation relating to the operation of an assisted living home or assisted living facility that does any of the following:
1. Imposes a cap on the number of residents who may reside at an assisted living home or assisted living facility that is lower than the number of residents that are allowed pursuant to title 36, chapter 4, rules adopted by the department of health services or the assisted living home's or assisted living facility's license.
2. Restricts an assisted living home or assisted living facility from operating in an area that is zoned for residential use based on either of the following:
(a) The number of residents who reside at the assisted living home or assisted living facility if the number of residents is in compliance with the number of residents that are allowed pursuant to title 36, chapter 4, rules adopted by the department of health services or the assisted living home's or assisted living facility's license.
(b) The classification of the assisted living home or assisted living facility as a health care institution or assisted living use.
3. Requires an assisted living home or assisted living facility to obtain a variance, conditional use permit, reasonable accommodation or rezoning based solely on the number of residents who reside at the assisted living home or assisted living facility.
B. A municipality may enforce applicable building, fire, safety and health codes and regulations if the codes and regulations are both of the following:
1. Applied uniformly to all similar residential dwellings.
2. Do not have the effect of imposing an occupancy limit that is more restrictive than those that are allowed pursuant to title 36, chapter 4, rules adopted by the department of health services or the assisted living home's or assisted living facility's license.
C. A person may assert a violation of this section and may bring an action for declaratory or injunctive relief in a court of competent jurisdiction. the court may award attorney fees and costs to a prevailing plaintiff.
D. The occupancy or zoning regulation of an assisted living home or assisted living facility is of statewide concern. The occupancy or zoning regulation of an assisted living home or assisted living facility pursuant to this section is not subject to further regulations by a municipality and preempts all inconsistent laws, ordinances or other regulations adopted by the municipality.
E. For the purposes of this section:
1. "Assisted living facility" has the same meaning prescribed in section 36-401.
2. assisted living home" has the same meaning prescribed in section 36-401.
3. "Health care institution" has the same meaning prescribed 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. Assisted living homes; assisted living facilities; occupancy cap; zoning regulations; relief; applicability; statewide preemption; definitions
A. A county may not adopt, enforce or maintain any law, ordinance or other regulation relating to the operation of an assisted living home or assisted living facility that does any of the following:
1. Imposes a cap on the number of residents who may reside at an assisted living home or assisted living facility that is lower than the number of residents that are allowed pursuant to title 36, chapter 4, rules adopted by the department of health services or the assisted living home's or assisted living facility's license.
2. Restricts an assisted living home or assisted living facility from operating in an area that is zoned for residential use based on either of the following:
(a) The number of residents who reside at the assisted living home or assisted living facility if the number of residents is in compliance with the number of residents that are allowed pursuant to title 36, chapter 4, rules adopted by the department of health services or the assisted living home's or assisted living facility's license.
(b) The classification of the assisted living home or assisted living facility as a health care institution or assisted living use.
3. Requires an assisted living home or assisted living facility to obtain a variance, conditional use permit, reasonable accommodation or rezoning based solely on the number of residents who reside at the assisted living home or assisted living facility.
B. A county may enforce applicable building, fire, safety and health codes and regulations if the codes and regulations are both of the following:
1. Applied uniformly to all similar residential dwellings.
2. Do not have the effect of imposing an occupancy limit that is more restrictive than those that are allowed pursuant to title 36, chapter 4, rules adopted by the department of health services or the assisted living home's or assisted living facility's license.
C. A person may assert a violation of this section and may bring an action for declaratory or injunctive relief in a court of competent jurisdiction. the court may award attorney fees and costs to a prevailing plaintiff.
D. The occupancy or zoning regulation of an assisted living home or assisted living facility is of statewide concern. The occupancy or zoning regulation of an assisted living home or assisted living facility is not subject to further regulations by a county and preempts all inconsistent laws, ordinances or other regulations adopted by the county.
E. For the purposes of this section:
1. "Assisted living facility" has the same meaning prescribed in section 36-401.
2. assisted living home" has the same meaning prescribed in section 36-401.
3. "Health care institution" has the same meaning prescribed in section 36-401.
Sec. 3. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.