This bill is focused on facilitating residential development on certain properties known as qualifying properties. Here are the main provisions:
Key Provisions:
Subject Jurisdiction Requirements:
Beginning December 31, 2026, a subject jurisdiction (a governing body, like a city or county) must allow residential development on qualifying properties, subject to an administrative approval process.
Height Restrictions:
The jurisdiction cannot disallow residential development based on height if:
The tallest structure is 3 stories or 45 feet tall.
The structure meets the zoning district's height standards where the property is located or in a nearby zoning district.
Dwelling Unit Restrictions:
The jurisdiction cannot prohibit the development based on the number of dwelling units unless it follows standards outlined in the bill.
Consistency in Standards:
The jurisdiction cannot impose more restrictive standards on residential development than it applies to similar housing within the jurisdiction. This includes:
Setbacks
Lot coverage
On-site parking requirements
Number of bedrooms in multifamily units
Landscaping, screening, and buffering requirements
Allowable Uses:
The bill requires the following uses to be allowed in the residential development:
Childcare
Recreational, social, or educational services provided by community organizations for the residents and surrounding community.
Additional Uses:
Jurisdictions may permit other uses if they are restricted to the ground floor and occupy no more than 15% of the ground floor area.
Notification Requirement:
Faith-based organizations, school districts, or state colleges/universities must notify the county assessor when a jurisdiction allows residential development on a qualifying property.
Purpose:
The bill aims to streamline the approval process for residential developments and ensure that they are not unduly restricted by local zoning rules. It also promotes the integration of essential services like childcare and community-focused recreational or educational services within residential developments.
This could significantly impact the availability of housing by easing restrictions and encouraging development in certain areas.
Summary
The bill requires a subject jurisdiction, on or after December 31,
2026, to allow a residential development to be constructed on a qualifying property that does not contain an exempt parcel, subject to an administrative approval process.
The bill specifies that a subject jurisdiction shall not: •
Disallow construction of a residential development on the basis of height if the tallest structure in the residential development is no more than 3 stories or 45 feet tall;
•
Disallow construction of a residential development on the basis of height if the tallest structure in the residential development complies with the height-related standards for the zoning district in which the residential development will be built or any zoning district that is contiguous to the qualifying property on which the residential development will be built;
•
Disallow construction of a residential development based on the number of dwelling units that the residential development will contain, except in accordance with standards listed in the bill; or
•
Apply standards to a residential development on a qualifying property that are more restrictive than the standards the subject jurisdiction applies to similar housing constructed within the subject jurisdiction, including standards related to structure setbacks from property lines; lot coverage or open space; on-site parking requirements; numbers of bedrooms in a multifamily residential development; or on-site landscaping, screening, and buffering requirements.
A subject jurisdiction shall allow the following uses in a
residential development on a qualifying property:
•
Childcare; and
•
The provision of recreational, social, or educational services provided by community organizations for use by the residents of the residential development and the surrounding community.
A subject jurisdiction may condition additional uses in a residential
development on the uses being allowed only on the ground floor of the residential development and the uses occupying no more than 15% of the ground floor area of the residential development.
The bill requires a faith-based organization, school district, or state
college or university to notify the county assessor that a subject jurisdiction has allowed the construction of a residential development on a qualifying property within the county.
