Summary:
This is a city-initiated text amendment to modify Sections 21-200 Definitions, 21-300 General Provisions and Standards, 21-400 Residential District, and 21-600 Special Uses, Districts and Overlays of the Zoning Ordinance.
If approved, staff believes these code modifications will bring the Zoning Ordinance in compliance with the regulatory requirements and provisions of House Bills HB2720 and HB2325.
Background:
The 56th Arizona state legislature passed several bills this session that have been signed into adoption by the Governor pertaining to municipal zoning, including House Bills HB2720: Accessory Dwelling Units, and HB2325: Backyard Fowl.
With regard to HB2325: Backyard Fowl, the provisions of the bill went into effect on September 24, 2024 and specifically preempts any city regulations associated with the keeping of backyard fowl. Given the mandatory nature of these provisions, minor adjustments to the Zoning Ordinance are required to realign the existing regulations to follow the newly adopted regulations. Regarding HB2720, the bill requires municipalities with a population of 75,000 or more to adopt regulations allowing accessory dwellings units (ADUs) on any lot or parcel where a single-family dwelling is allowed. HB2720 additionally outlines minimum allowances and prohibits municipalities from establishing various restrictions. If a municipality fails to adopt these development regulations by January 1, 2025, ADUs will be allowed on all lots or parcels zoned for residential use without limits.
Given the scope and nature of these mandated provisions, they result in refinements being needed within the same sections of the Zoning Ordinance. Therefore, staff has combined the proposed text changes associated with these bills into one code amendment, which more specifically impacts Sections 21-200, 21-300, 21-400 and 21-600 of the Peoria Zoning Ordinance.
Proposed Regulations:
HB2325: Backyard Fowl - As noted within the Planning and Zoning Staff Report, HB2325 preempts cities from prohibiting a resident of a single-family detached residence from keeping up to six (6) fowl on the property, subject to specific criteria and restrictions. Within Peoria, there are several residential zoning districts specifically established within Section 21-400 and specific specialty zoning districts within Section 21-600 which allow single-family residential as an allowed land use. Therefore, the proposed code changes to address HB2325 requirements include updating cross-references within Section 21-400 “Residential Districts” and 21-600 “ Special Use, Districts and Overlays”. These changes were summarized and presented during the public meetings noted below, and the draft code was posted to the city’s website. No comments were received regarding these changes.
HB2720: Accessory Dwelling Units (ADUs) - Known as the “Casita Bill”, HB2720 requires cities to allow at least one (1) detached and one (1) attached Accessory Dwelling Unit (ADU) in zoning districts where single-family residential is allowed. Further, one (1) additional ADU is permitted when a lot is over one (1) acre in size, and the ADU is “restricted-affordable” unit as defined within the legislative bill. HB2720 also includes strict provisions which limit what a municipality may and may not enact. These mandated provisions were transmitted without deviation or alteration as required by the bill and are included within the proposed text.
During the code development process, there was exploration to consider expanding the amendment to address development standards for accessory buildings. After significant debate and considerable deliberation by the Planning and Zoning Commission over the course of multiple public meetings, it was recommended to limit the proposed changes to only those which bring the Zoning Ordinance into compliance with the mandatory requirements of HB2325. As such, the Commission has recommended to City Council adoption of those changes as outlined in the attached Ordinance.
Community Involvement:
Public Meetings:
- City Council Study Session on September 17, 2024.
- Legislative Briefing to Planning and Zoning Commission on October 3, 2024.
- Planning and Zoning Commission Study Session on October 17, 2024
- Planning and Zoning Commission on November 14, 2024.
Public Noticing:
The application was properly noticed pursuant to Section 21-315 of the Peoria Zoning Ordinance, which includes placing a legal ad in the Peoria Times at least 15 days prior to the Public Hearing.
Support / Opposition:
No opposition or support for this proposal was received.