New preemption laws could affect zoning in Scottsdale

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The City of Scottsdale will see two new state laws take effect that Scottsdale leaders say will kneecap the city’s ability to do everything from limiting short-term rentals to preventing apartment complexes from cropping up.

The laws are expected to dramatically reshape the character of Scottsdale’s suburban neighborhoods and lead to an uptick in multifamily housing. The new statutes are called “preemption” laws.

Mayor Lisa Borowsky of the City of Scottsdale joined “Arizona Horizon” to talk about the residential effects of the new laws.

According to Mayor Borowsky, that means the Arizona Legislature passed the laws earlier this year to take regulatory power away from local governments like Scottsdale’s City Council. City policies preventing these laws have been on the books for decades.

Of the two new laws, the first is House Bill 2720, a law about casitas which requires Scottsdale to allow certain single-family homes to build up to three additional small houses in their yards without increasing the home’s parking or constraining the design of those small homes. Those structures have been banned outright in Scottsdale until now.

“Which is imposing upon your property value and so it changes the entire landscape of a community,” Mayor Borowsky said.

The second law is HB 2297, or the “adaptive reuse” law, allows developers to convert unsuccessful commercial properties into apartments without needing permission from the city. Historically, that zoning change was the only way Scottsdale could reject most apartment projects.

“It’s really an interesting niche, if you will, of legislature that is promoting this idea, they’re not from Scottsdale,” Mayor Borowsky said.

She says that the quality of housing projects are taken seriously by both the city of Scottsdale and the residents. Both are now concerned with this new state legislation and what the future will look like for Scottsdale.

Mayor Lisa Borowsky, City of Scottsdale

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