Arizona may eliminate home design rules
A new bill in the Arizona Senate, SB1431, would restrict municipal power governing planned communities and home design. This bill which garnered bipartisan support would eliminate municipal say in design elements like materials, colors, window styles, roof pitches or exterior ornamentation. The bill does not override essential building codes, fire codes or dark sky ordinances and is not applicable in historically significant areas, tribal lands and properties near military airports. If passed into law, builders and developers can expect a sped up permitting process. The bill prohibits state municipalities from delaying, denying or conditionally approving a building permit because of design requirements.
“This is a commonsense reform that clearly respects local considerations about real public health and safety issues while establishing firm guidelines to ensure that subjective preferences don’t interfere with fundamental property rights,” said one supporter, Kileen Lindgren of Pacific Legal Foundation. “It protects against requirements that delay and increase costs of building or remodeling, and it respects the constitutional rights of homeowners to use their property peacefully and productively.
While some who are not in favor include the city of Mesa, Ariz. “The City of Mesa is concerned that SB1431 goes far beyond streamlining and would broadly preempt local standards that help communities maintain safety, functionality, and neighborhood quality,” said the city.
