 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
municipalities; planned communities; design; prohibition.
Purpose
Prescribes restrictions on municipalities requiring certain home design standards
on
single-family homes and accessory dwelling units (ADUs) or shared features as
part of a planned community.
Background
Current statute requires each municipality's planning agency and governing body to prepare and adopt, in coordination with the Arizona State Land Department, a comprehensive, long-range general plan for the development of the municipality. The general plan must include a statement of community goals and development policies, including maps and plan proposals (A.R.S. § 9-461.05).
After a municipality has adopted a general plan, or plan amendment, the planning agency must investigate and make recommendations to the governing body for putting into effect the general plan so that it will serve as a pattern and guide for the orderly growth and development of the municipality. The measures recommended may include plans, regulations, financial reports and capital budgets (A.R.S. § 9-461.07). The planning agency may, and if so directed by the governing body must, prepare specific plans based on the general plan and drafts of such regulations, programs and legislation as may be required for the systematic execution of the general plan, including zoning ordinances and subdivision regulations (A.R.S. § 9-461.08). The planning agency of a municipality must not require as part of a subdivision regulation or zoning ordinance that a subdivider or developer establish an association. A municipality may require the establishment of an association to maintain private, common or community owned improvements that are approved and installed as part of a preliminary plat, final plat or specific plan. A municipality must not require that an association be formed or operated other than for the maintenance of the common areas or community owned property (A.R.S. § 9-461.15).
Statute authorizes municipalities to adopt zoning ordinances and codes to conserve and promote the public health, safety, convenience and general welfare and outlines zoning guidelines and requirements (A.R.S. § 9-462.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Shared Features of Planned Communities
1. Prohibits a municipality from requiring as part of a development or subdivision:
a) a shared feature or amenity that would require a homeowners' association, a condominium association or any other association to maintain or operate the feature or amenity, except as required by federal law; or
b) a gate, wall, fence or other perimeter enclosure or any type of controlled access.
2. States that the shared feature restriction does not supersede applicable building codes, fire codes or public health and safety regulations.
Home Design Restrictions
3. Prohibits a municipality from interfering with a home buyer's right to choose the features, amenities, structure, floor plan and interior and exterior design of a home.
4. Prohibits a municipality from adopting or enforcing any code, ordinance, regulation standard, stipulation or other legal requirement that directly or indirectly establishes any of the following requirements for a single-family home or an ADU:
a) screening, walls or fences on residential property;
b) aesthetic design standards or design, architectural or aesthetic elements or guidelines and requirements for:
i. materials or finishes, including minimum percentages of material or finishes, or specified materials;
ii. colors or color palettes;
iii. window placement, configuration or style;
iv. roof form or pitch;
v. façade design, articulation, nonstructural ornamentation or architectural style;
vi. layout, floor plan or configuration of the livable area;
vii. garages or other specified vehicle enclosures;
viii. decorative lighting fixtures, including carriage lights;
ix. patios, decks, porches, hardscaping or other outdoor improvements; or
x. paving or surfacing of driveways.
5. Prohibits a municipality from denying, delaying or conditionally approving a building permit or other entitlement based on a requirement that is prohibited by the home design restrictions.
6. States that the home design restriction does not supersede:
a) applicable building codes or fire codes;
b) public health and safety regulations;
c) utility clearance requirements or utility easements that are recorded as of the effective date;
d) minimum parking requirements; or
e) dark sky ordinances.
7. Allows a municipality to require the preparing and submitting of acceptable electric and water utility plans and specifications.
8. States that the home design restriction does not apply to:
a) a single-family home that is on land that is designated as a district of historical significance in accordance with statute or historic on the National Register of Historic Places; or
b) lots or parcels that are located on tribal land; or
c) lots or parcels that are located on land in a high noise or accident potential zone of a military airport or an ancillary military facility.
Miscellaneous
9. Defines ADU as a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the ADU that includes its own sleeping and sanitation facilities and may include its own kitchen facilities
10. Defines building codes as the construction codes that are adopted by the municipality.
11. Includes, in the definition of building codes, plumbing and mechanical codes, electrical codes, residential construction codes, wildland urban interface codes and energy conservation codes, however denominated.
12. Defines condominium association as the unit owners' association organized in accordance with the condominium statutes.
13. Makes technical and conforming changes.
14. Becomes effective on the general effective date.
Prepared by Senate Research
February 9, 2026
JT/ci