Chandler: Code changes needed for new state housing laws

By Jason W. Brooks
Mail | X: @JasonWBrooks2

Four newly created state laws related to housing development are causing Arizona municipalities around the state to enact corresponding local ordinances.

Judging by the swipes city and other local leaders are taking at state leaders for enacting such laws, they’re none too happy about it.

The Chandler City Council was among the latest local governing bodies to complain while enacting such local legislation. With no choice but to follow the four new state laws, council members reiterated a desire for more local control, along with confusion and doubt over what one of the measures was designed to accomplish.

HB 2720, HB 2325, SB 1103 and SB 1162 are four state laws passed this year that will go into effect on Jan. 1 of next year. On Nov. 7, Chandler’s City Council approved an ordinance that will make the changes in these four bills part of city code.

One clarification made by Chandler City Attorney Kelly Schwab, at Mayor Kevin Hartke’s request, was that homeowner’s associations can be more restrictive than state or city laws, but not more permissive.

That came up as part of the discussion about HB 2720, the so-called “casitas” law, which will allow for one detached accessory dwelling unit and one ADU attached to the main house on each single-family lot.

About 60% of Chandler homes fall within homeowners association domains.

Senior planner Lauren Schumann pointed out that the governor’s message in signing the law was about creating more affordable housing; Chandler strategic initiatives director Ryan Peters said some state lawmakers ran on either more property-owner freedom, more affordable housing or both.

At a September work session about four new development laws, Chandler’s planning administrator, Kevin Mayo, said there are often state laws enacted that target or are aimed solving a problem in one or a handful of Arizona communities.

Schumann said since Chandler modified its own ordinances to allow for ADUs starting in March, there have been 12 development applications with the city related to such construction.

The three other state laws that received Chandler updates in the Nov. 7-approved ordinance address:

• SB 1162, zoning shot clock / housing assessment. This establishes timelines for residential rezoning cases and calls for an every-five-years housing needs study; Mayo said city staff were already trying to keep developers on a tight timeline and that Chandler wasn’t the target of such a law.

• HB 2325, backyard fowl: This won’t affect Chandler much, as the city approved a much-embattled local ordinance authorizing backyard chickens in January 2023. The only main change will be the total number of hens will go up by one to six; there will still be no roosters allowed.

• SB 1103, administrative review; approvals; developments. This authorizes administrative personnel to review and approve plats without public hearing in order to expedite the development process. The Chandler Planning & Zoning Commission and the City Council will continue to review and vote on preliminary plats, but there won’t be public hearings for that particular step.

Two other new state laws Mayo covered in the September council work session include HB 2297, which allows municipalities to identify 10% or exclude 10% of its commercial buildings and parcels for redevelopment as housing.

HB 2721 will permit townhouses, duplexes, triplexes or fourplexes on any single-family lot within 1 mile of a central business district and eliminates local caps on height and requirements for fire sprinklers, extra parking spaces and public hearings. This law goes into effect Jan. 1, 2026 and will likely be addressed by municipalities next summer.

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Email Jason W. Brooks at jbrooks@iniusa.org.

Jason W. Brooks
News Editor | Chandler Independent

Jason W. Brooks joined Independent Newsmedia, Inc., USA, in July 2021 as an associate editor. After a year covering Buckeye, he has covered Chandler since the fall of 2022, in addition to assisting the Daily Independent throughout his time at INI.

Education: University of New Mexico, bachelor of arts in journalism and mass communication, print emphasis, English minor.

Random Fact: He and his siblings witnessed a Space Shuttle launch and landing in the same year in person, on opposite coasts.

Hobbies: Karaoke, bicycling and American Sign Language.

Community: He supports animal shelters.