assisted living homes; occupancy; zoning, the official text

Senate Engrossed

assisted living
homes; occupancy; zoning

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1473

AN
ACT

amending title 9, chapter 4, article 6.1,
arizona revised statutes, by adding section 9-462.15; amending title 11,
chapter 6, article 2, arizona revised statutes, by adding section 11-820.05;
relating to municipal and county zoning.

(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 9-462.15, to read:

START_STATUTE9-462.15. Assisted living homes; occupancy cap; zoning regulations; relief;
state preemption; applicability; definition

A. A municipality may not adopt,
enforce or maintain any law, ordinance or other regulation relating to the
operation of an assisted living home that does any of the following:

1. Imposes a cap on the number of
residents who may reside at an assisted living home that is lower than ten residents.

2. Restricts an assisted living home
from operating on a property that is zoned for
residential use based on either of the following:

(a) The number
of residents who reside at the assisted living home if the number of residents
is ten or fewer.

(b) The
classification of the assisted living home as assisted
living use.

3. Requires an assisted living home
to obtain a variance, conditional use permit, reasonable accommodation or
rezoning based solely on the number of residents who reside at the assisted
living home.

B. Except as
provided in subsection A of this section, A municipality may enforce and maintain zoning, building, fire, safety and health codes and
regulations if the codes and regulations Do not have the effect of imposing an
occupancy limit that is more restrictive than what is
allowed pursuant to the assisted living home's license.

C. A person may assert a violation of
this section and may bring an action for declaratory or injunctive relief in a
court of competent jurisdiction.  the court may award attorney fees and costs
to a prevailing plaintiff.

D. The occupancy limit of an assisted living home is of statewide concern.  The
occupancy limit of an assisted living home pursuant to
this section is not subject to further regulations by a municipality and
preempts all inconsistent laws, ordinances or other regulations adopted by the
municipality.

E. This section does not prohibit or
restrict a municipality from adopting a distance requirement prescribed in
section 9-462.09.

F. This section applies to an
assisted living home that is licensed as of the effective date of this section
and an assisted living home that is licensed after the effective date of this
section.

G. 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 11-820.05, to read:

START_STATUTE11-820.05. Assisted living homes; occupancy cap; zoning regulations; relief;
state preemption; applicability; definition

A. A
county may not adopt, enforce or maintain any law, ordinance or other
regulation relating to the operation of an assisted living home that does any
of the following:

1. Imposes a cap on the number of
residents who may reside at an assisted living home that is lower than ten residents.

2. Restricts an assisted living home
from operating on a property that is zoned for
residential use based on either of the following:

(a) The number
of residents who reside at the assisted living home if the number of residents
is ten or fewer residents.

(b) The
classification of the assisted living home as assisted
living use.

3. Requires an assisted living home
to obtain a variance, conditional use permit, reasonable accommodation or
rezoning based solely on the number of residents who reside at the assisted
living home.

B. Except as
provided in subsection A of this section, A county may enforce and maintain zoning, building, fire, safety and health codes and
regulations if the codes and regulations do not have the effect of imposing an
occupancy limit that is more restrictive than what is allowed
pursuant to the assisted living home's license.

C. A person may assert a violation of
this section and may bring an action for declaratory or injunctive relief in a
court of competent jurisdiction.  the court may award attorney fees and costs
to a prevailing plaintiff.

D. The occupancy limit of an assisted living home is of statewide concern.  The
occupancy limit of an assisted living home pursuant to this section is not subject to further regulations by a
county and preempts all inconsistent laws, ordinances or other regulations
adopted by the county.

E. This section does not prohibit or
restrict a municipality from adopting a distance requirement prescribed in
section 11-820.02.

F. This section applies to an
assisted living home that is licensed as of the effective date of this section
and an assisted living home that is licensed after the effective date of this
section.

G. For the purposes of this section, "assisted living home" has the same meaning
prescribed in section 36-401.

END_STATUTE

Sec. 3. Severability

If a provision of this act or its
application to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of the act that can be given effect
without the invalid provision or application, and to this end the provisions of
this act are severable.