Arizona State Lawmakers Seek to Override Local Zoning to Spur Housing Development

Concerned that home ownership is becoming increasingly unaffordable, “Republicans in the Arizona Legislature are trying for a second time to limit the ability of cities and towns to set minimum standards for single-family homes,” according to a recent article in the East Valley Tribune. The first attempt, an even more far-reaching plan, failed last year. This latest attempt  joins other legislation currently being considered by Arizona lawmakers in an attempt to address barriers to housing production.

Two identical bills, HB 2570 and SB 1112, were introduced in both state legislative chambers and would affect cities of 50,000 residents or more. If passed, it would erase minimum lot sizes, eliminate any setback requirement of more than five feet for new development, bar cities from setting minimum square footage for new homes, and block limits on how much of the lot around the home beyond the minimum street setback. In addition, it prevents cities from adopting “neighborhood character” requirements that dictate specific aesthetic elements.

The intent behind the bills is to encourage development of smaller, more affordable “starter homes,” reports Bob Christie of Capitol Media Services, which Arizona Senate President Warren Petersen says cities and counties have caused a shortage of because of lengthy approval processes, city-imposed “impact fees,” and design reviews, which drive costs up for developers.

Critics of the proposals say it would effectively strip municipalities of their zoning rights and local residents’ voice in them via the planning process.

State preemption of local zoning as a solution to the housing affordability crisis is a growing trend of late. Legislators in Nebraska and Colorado also recently pursued state zoning regulations that superseded local regulations, with much pushback at the local level.