9-461.20. Municipal housing; standard preapproved housing design plans; indemnification; definition

746 words·~3 min read·/az/title-9/9-461-20

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A municipality shall establish standard preapproved housing design plans or a preapproved housing design plan program. The standard preapproved housing design plans developed by the municipality shall include at least three different elevation options for each class of standard preapproved housing design plan. The standard preapproved housing design plan classes are:

1. Class 1. Beginning July 1, 2026, in areas zoned as single-family residential, the municipality shall create at least three standard preapproved housing design plans for single-family homes, which must range in size from eight hundred square feet to two thousand square feet per single-family home, or three single-family home sizes beginning with the minimum single-family home size allowed by the municipality.

2. Class 2. Beginning January 1, 2027, in areas zoned as single-family residential that allow for the development of duplexes, the municipality shall create at least three standard preapproved housing design plans for duplex homes, which must range from four hundred square feet to one thousand square feet per duplex unit.

3. Class 3. Beginning January 1, 2027, in areas zoned as single-family residential that allow for the development of triplexes, the municipality shall create at least three standard preapproved housing design plans for triplex homes, which must range in size from four hundred square feet to one thousand square feet per triplex unit.

4. Class 4. Beginning July 1, 2026, in areas zoned as single-family residential that allow for the development of accessory dwelling units, the municipality shall create at least three standard preapproved housing design plans for accessory dwelling units. The three standard preapproved housing design plans for accessory dwelling units shall be one of the following sizes:

(a)Two hundred square feet.

(b)Six hundred square feet.

(c)One thousand square feet.

B. A preapproved housing design plan program established pursuant to subsection A of this section shall comply with all of the following:

1. A municipality shall accept plan submissions for the preapproved housing design plan program for class 1, class 2, class 3 and class 4 plans prescribed by subsection A of this section.

2. A municipality may not restrict who may submit a preapproved housing design plan pursuant to the preapproved housing design plan program.

3. A municipality shall approve or deny a preapproved housing design pursuant to the preapproved housing design plan program pursuant to section 9-500.49.

4. A municipality may charge an applicant who submits a preapproved housing design plan pursuant to the preapproved housing design plan program the same fees that the municipality would charge an applicant who has submitted a request for approval for the same sized class 1, class 2, class 3 and class 4 plans approved pursuant to subsection A of this section.

5. A municipality shall post plans that are preapproved pursuant to the preapproved housing design plan program on the municipality's official website. Posting by the municipality of a preapproved housing design plan pursuant to the preapproved housing design plan program does not constitute an endorsement by the municipality of the applicant or the applicant's application for a preapproved housing design plan pursuant to the preapproved housing design plan program.

6. A municipality shall post the contact information of the applicant of preapproved housing design plans submitted pursuant to the preapproved housing design plan program. The municipality is not responsible for the accuracy of the applicant's posted contact information.

7. A municipality shall remove a preapproved housing design plan submitted pursuant to the preapproved housing design plan program from the municipality's official website within thirty days after receiving a request from the applicant to remove the preapproved housing design plan.

8. A municipality may include the following class 1, class 2, class 3 and class 4 preapproved housing design plans in the preapproved housing design plan program:

(a)Plans that are developed and approved pursuant to subsection A of this section.

(b)Plans that have been developed and preapproved by other municipalities or agencies in this state.

9. A municipality shall administratively approve or deny an application for a class 1, class 2, class 3 or class 4 preapproved housing design plan submitted pursuant to the preapproved housing design plan program without discretionary review.

C. Notwithstanding any other law, a municipality may require a person or entity to release and indemnify the municipality and the municipality's employees and contractors as a condition of using a standard preapproved housing design plan.

D. For the purposes of this section, "accessory dwelling unit" has the same meaning prescribed in section 9-461.18.