Bill Text: AZ HB2724 | 2022 | Fifty-fifth Legislature 2nd Regular | Chaptered


Bill Title: Assisted living; distance requirements; prohibition

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2022-04-13 - Chapter 132 [HB2724 Detail]

Download: Arizona-2022-HB2724-Chaptered.html

 

 

House Engrossed

 

assisted living; distance requirements; prohibition

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

 

 

 

CHAPTER 132

 

HOUSE BILL 2724

 

An Act

 

amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.09; amending title 11, chapter 6, article 2, Arizona Revised Statutes, by adding section 11-820.02; relating to local planning.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.09, to read:

START_STATUTE9-462.09. Assisted living; distance requirements; administrative procedure; notice; definition

a. If a municipality has a zoning ordinance that restricts the distance between assisted living homes, the municipality shall establish an administrative procedure in which a deviation from the separation requirement may be granted as a reasonable accommodation under the fair housing act (P.L. 90-281; 82 Stat. 81; 42 united states code section 3604).

b. On registration as an assisted living home or when a land use application for an assisted living home is filed, the municipality shall provide written notice of the administrative procedure to request a reasonable accommodation as prescribed in subsection a of this section.

c. If a municipality has a zoning ordinance that restricts the distance between assisted living homes, the distance shall be measured on a linear foot basis from lot line to lot line.

D. for the purposes of this section, "Assisted living home" has the same meaning prescribed in section 36-401. END_STATUTE

Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-820.02, to read:

START_STATUTE11-820.02. Assisted living; distance requirements; administrative procedure; notice; definition

a. If a county has a zoning regulation that restricts the distance between assisted living homes, the county shall establish an administrative procedure in which a deviation from the separation requirement may be granted as a reasonable accommodation under the fair housing act (P.L. 90-281; 82 Stat. 81; 42 united states code section 3604).

b. On registration as an assisted living home or when a land use application for an assisted living home is filed, the county shall provide written notice of the administrative procedure to request a reasonable accommodation as prescribed in subsection a of this section.

c. If a county has a zoning regulation that restricts the distance between assisted living homes, the distance shall be measured on a linear foot basis from lot line to lot line.

D. for the purposes of this section, "Assisted living home" has the same meaning prescribed in section 36-401. END_STATUTE


 

 

 

APPROVED BY THE GOVERNOR APRIL 13, 2022.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 13, 2022.

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