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REFERENCE TITLE: municipalities; planned communities; design; prohibition. |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2588 |
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Introduced by Representative Way
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AN ACT
amending section 9-461.15, arizona revised statutes; amending title 9, chapter 4, article 6, arizona revised statutes, by adding section 9-461.21; relating to municipal planning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-461.15, Arizona Revised Statutes, is amended to read:
9-461.15. Requirement of planned community; shared features; prohibited; applicability; definitions
A. The planning agency of a municipality, in exercising its authority pursuant to this title, shall not require as part of a subdivision regulation or zoning ordinance that a subdivider or developer establish an a homeowner's association as defined in section 33-1802. A subdivider or developer shall not be penalized because a real estate subdivision or development does not constitute or include a planned community.
B. Notwithstanding any other LAW, a municipality may not require as part of a development or subdivision either of the following:
1. 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 if required by federal law.
2. A gate, wall, fence or other perimeter enclosure or any type of controlled access.
B. c. A municipality may require a subdivider or developer to establish an a homeowner's association to maintain private, common or community owned community-owned improvements that are approved and installed as part of a preliminary plat, final plat or specific plan. A municipality shall not require that an a HOMEOWNER'S association be formed or operated other than for the maintenance of common areas or community owned community-owned property. This subsection applies only to planned communities that are established in plats recorded after the effective date of this section July 24, 2014.
C. D. This section does not limit the subdivider or developer in the establishment or authority of any planned community established pursuant to title 33, chapter 16 or limit a subdivider, a developer or an a homeowner's association from requesting and entering into a maintenance agreement with a municipality.
E. Subsection B of this section does not supersede applicable building codes, fire codes or public health and safety regulations.
F. For the purposes of this section:
1. "Condominium association" means an association as defined in section 33-1202.
2. "Homeowners' association" means an association as defined in section 33-1802.
Sec. 2. Title 9, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 9-461.21, to read:
9-461.21. Planning; home design; restrictions; prohibition; applicability: definitions
A. A municipality may not interfere with a home buyer's right to choose the features, amenities, structure, floor plan and interior and exterior design of a home.
B. Notwithstanding any other law, a municipality may not adopt or enforce 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 accessory dwelling unit:
1. Screening, walls or fences on residential property.
2. aesthetic design standards or design, architectural or aesthetic elements or guidelines and requirements for any of the following:
(a) Materials or finishes, including minimum percentages of material or finishes, or specified materials.
(b) Colors or color palettes.
(c) Window placement, configuration or style.
(d) roof form or pitch.
(e) façade design, articulation, nonstructural ornamentation or architectural style.
(f) Layout, floor plan or configuration of the livable area.
(g) Garages or other specified VEHICLE enclosures.
(h) Decorative lighting fixtures, including carriage lights.
(i) Patios, decks, porches, hardscaping or other outdoor improvements.
(j) Paving or surfacing of driveways.
C. A municipality may not deny, delay or conditionally approve a building permit or other entitlement based on a requirement that is prohibited by this section.
D. this section does not supersede any of the following:
1. applicable building codes or fire codes.
2. Public health and safety regulations.
3. Utility clearance requirements or utility easements that are recorded as of the effective date of this SECTION.
4. Minimum parking requirements.
5. Dark sky ordinances.
E. A municipality may require preparing and submitting acceptable electric and water utility plans and specifications.
F. This section does not apply to:
1. A single-family home that is on either of the following:
(a) Land that is designated as a district of historical significance pursuant to section 9-462.01, subsection A, paragraph 10.
(b) An area that is designated as historic on the national register of historic places.
2. Lots or parcels that are located on EITHER of the following:
(a) tRIBAL LAND.
(b) lAND IN A HIGH NOISE OR ACCIDENT POTENTIAL ZONE AS DEFINED IN SECTION 28-8461 OF A MILITARY AIRPORT OR an ANCILLARY MILITARY FACILITY AS DEFINED IN SECTION 28-8461.
g. fOR THE PURPOSES OF THIS SECTION:
1. "Accessory dwelling unit" has the same meaning prescribed in section 9-461.18.
2. "BUILDING CODE":
(a) mEANS THE CONSTRUCTION CODES THAT ARE ADOPTED BY THE MUNICIPALITY.
(b) iNCLUDES PLUMBING AND MECHANICAL CODES, ELECTRIC CODES, RESIDENTIAL CONSTRUCTION CODES, WILDLAND URBAN INTERFACE CODES AND ENERGY CONSERVATION CODES, HOWEVER DENOMINATED.