Bill > HB4028

This bill amends Arizona law regarding accessory dwelling units (ADUs), which are secondary housing units on the same lot as a primary single-family home. It mandates that municipalities allow at least one attached and one detached ADU as a permitted use, meaning they can be approved without a public hearing or special permits, and permits an additional detached ADU on lots of one acre or more if one ADU is designated as a restricted-affordable dwelling unit, meaning it's rented to households earning up to 80% of the area median income. The bill also modifies the size restriction for ADUs, allowing them to be up to 75% of the main dwelling's gross floor area, and prohibits municipalities from restricting the separate long-term rental of the main home or ADU, requiring familial relationships between occupants, demanding extra parking or fees for ADUs, or imposing overly strict design requirements like matching exterior materials or roof pitch. Furthermore, it removes a previous restriction on rear or side setbacks for ADUs, clarifies that improvements to public streets are only required if construction disturbs them, and eliminates the need for a restrictive covenant on the property for an ADU. The bill also adds new prohibitions against requiring administrative use permits for ADU construction, requiring ADUs to be entirely within allowed building areas, or mandating that ADU building elevations meet municipal criteria. It extends the deadline for municipalities to adopt these regulations from January 1, 2025, to January 1, 2027, after which ADUs will be allowed without limits if regulations aren't in place, and specifies that these rules do not apply to tribal lands, areas near military facilities, or areas with high noise levels near airports, and are applicable to municipalities with over 75,000 residents.

Budget and Finance, Government Affairs

https://apps.azleg.gov/BillStatus/BillOverview/85541