Arizona Arizona Revised Statutes

§ 9-462.13 — Zoning; development; middle housing; applicability; definitions

ARS § 9-462.13Title 9. Cities and Towns · Ch. 4. GENERAL POWERS · Art. 6.1. Municipal Zoning

Statute text

9-462.13. Zoning; development; middle housing; applicability; definitions A. On or before January 1, 2026, a municipality with a population of seventy-five thousand persons or more must authorize by ordinance and incorporate into its development regulations, zoning regulations and other official controls the development of duplexes, triplexes, fourplexes and townhomes as a permitted use on both of the following: 1. All lots zoned for single-family residential use within one mile of the municipality's central business district. 2. At least twenty percent of any new development of more than ten contiguous acres. B. The municipality may not do any of the following: 1. Discourage the development of middle housing through requirements or actions that individually or cumulatively make impracticable the permitting, siting, or construction of middle housing. 2. Restrict middle housing types to less than two floors. 3. Restrict middle housing types to a floor area ratio of less than fifty percent. 4. Set restrictions, permitting or review processes for middle housing that are more restrictive than those for single-family dwellings within the same zone. 5. Require owner occupancy of any structures on the lot. 6. Require any structures to comply with a commercial building code or to contain a fire sprinkler. 7. Require more than one off-street parking space per unit. C. This section does not prohibit the governing body of a municipality from allowing either of the following: 1. Single-family dwellings in areas zoned for single-family dwellings. 2. Additional types of middle housing not required under this section. D. This section does not apply to any of the following: 1. Areas that are not incorporated. 2. Areas that lack sufficient urban services. 3. Areas that are not served by water and sewer services. 4. Areas that are not zoned for residential use. 5. Areas that are not incorporated and are zoned under an interim zoning designation that maintains the area's potential for planned urban development. 6. Areas covered under title 48, chapter 6, article 4. 7. Any land within the territory in the vicinity of a public airport as defined in section 28-8486 or to the extent this section would interfere with the public airport's ability to comply with the laws, regulations and requirements of the United States related to applying for, receiving or spending federal monies. 8. Any land within the territory in the vicinity of a military airport as defined in section 28-8461. E. If a municipality does not adopt the regulations required by this section on or before January 1, 2026, middle housing shall be allowed on all lots in the municipality zoned for single-family residential use without any limitations. F. This section does not change or otherwise impair the terms of any development agreement that exists on September 14, 2024. G. Notwithstanding subsection A of this section, a utility provider impacted by a development being developed pursuant to this section shall have the opportunity to review and approve the site plan for the development. H. For the purpose of this section: 1. "Building code":

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