Bill Amendment: AZ HB2297 | 2024 | Fifty-sixth Legislature 2nd Regular
Bill Title: Commercial buildings; adaptive reuse
Status: 2024-04-10 - Chapter 141 [HB2297 Detail]
Download: Arizona-2024-HB2297-HOUSE_-_Commerce_-_Strike_Everything.html
Fifty-sixth Legislature
Second Regular Session
COMMITTEE ON COMMERCE
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2297
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.10, to read:
9-462.10. Commercial buildings; adaptive reuse; prohibition on rezoning; applicability; definitions
A. Notwithstanding any other law, a municipality shall allow multifamily residential development or adaptive reuse development of any commercial building or MIXED USE site without an application for rezoning.
B. The multifamily residential development or adaptive reuse development must have access to public sewer and water service for the entire development and shall comply with all applicable building codes.
c. The residential density shall be the maximum residential density allowed under municipal zoning ordinances.
D. Existing municipal setback requirements shall be amended to support the maximum density allowed under existing municipal zoning ordinances. Additional encroachments are allowed.
e. The multifamily residential development or adaptive reuse development may allow for the demolition of all or a portion of the EXISTING building or buildings.
f. If the height of the existing commercial building or mixed use structure exceeds the maximum height of the zoning district, the height may remain and shall be considered nonconforming. Any rooftop construction shall be included within the height exemption.
g. The multifamily residential development or adaptive reuse development of any commercial building or mixed use site shall provide a minimum set aside of at least ten percent designated for either moderate-income housing or low-income housing or any combination of both moderate-income housing and low-income housing.
H. The multifamily residential development or adaptive reuse development may not be subject to enforcement of any regulation that exceeds existing parking space requirements beyond what is required in the existing zoning code for multifamily residential development or adaptive reuse development.
i. This section does not apply to any land in an area that is designated as a district of historical significance pursuant to section 9-462.01 subsection A, paragraph 10, in an area that is designated as historic on the national register of historic places, in the immediate vicinity of a municipal, federal aviation administration commercially licensed, general aviation or military airport or ancillary military facility as defined in section 28-8461 or in a municipality that is located on tribal land.
J. For the purposes of this section:
1. "Adaptive reuse" means converting an existing structure from the use for which it was constructed to a new use by maintaining some or all of the elements of the structure.
2. "Building code" has the same meaning prescribed in section 9-1301.
3. "Low-income housing" means housing for a person or persons at or below eighty percent of the area median income as determined by the arizona department of housing and adjusted for household size based on the united states department of housing and urban development.
4. "Maximum residential density" means a residential density development that is equal to or greater than the maximum residential density allowed under the local general plan and municipal zoning ordinances.
5. "Moderate-income housing" means housing for a PERSON or persons at or below one hundred twenty percent of the area median income as determined by the Arizona department of housing and adjusted for household size based on the united states department of housing and urban development.
6. "multifamily residential development" means a building or buildings that are designed and used for residential purposes and that contain more than one apartment or dwelling unit.
7. "Nonconforming" means structures that have received building and zoning permits under the regulations in place at the time of construction.
8. "rooftop CONSTRUCTION":
(a) means rooftop structures that principally house air conditioning equipment, solar panels and other energy production facilities.
(b) includes open space features, swimming pools, space for use by residents and landscaping.
(c) Does not include decorative features, spires, bell towers, domes, cupolas, pediments, obelisks or monuments."
Amend title to conform
