Church Housing Plans Face Opposition Despite Zoning Flexibility

Arizona lawmakers are moving to empower churches to partner with developers for residential construction on their properties, bypassing various local zoning regulations. This initiative, spearheaded by Rep. David Livingston, received preliminary approval from the House after amendments aimed at addressing concerns from neighborhood associations.

Significantly, the latest version of the bill, HB2191, prohibits multi-story apartment complexes in areas currently designated for single-family homes. Under the approved legislation, only single-family homes—limited to two stories—may be built.

Rep. Matt Gress voiced apprehensions about the potential alteration of neighborhood character due to the legislation. His concerns are prompting Livingston to consider further modifications before the upcoming roll-call vote.

This legislative effort is part of a broader, ongoing debate over affordable housing solutions. Last year, legislators mandated that cities permit various multi-family structures, including duplexes and triplexes, on land zoned for single-family use. They also allowed the conversion of commercial properties into residential spaces.

Continuing in this direction, the current legislative session aims to enable developers to construct subdivisions with smaller lot sizes than existing zoning regulations allow, with HB2191 serving as a further exception to these zoning rules.

The bill facilitates agreements between established religious institutions, including churches and synagogues, and developers to construct up to 17 homes per acre, irrespective of current zoning laws. Gress expressed discontent over the lack of requirements to ensure that such developments align with the characteristics of surrounding neighborhoods.

He emphasized the unique nature of neighborhoods, arguing that a uniform cap of 17 units per acre could overwhelm some communities. Contrarily, Rep. Sarah Ligouri, a co-sponsor of the bill, worried that recent amendments may have diluted the bill’s potential effectiveness in addressing the housing crisis.

Originally, the proposal mandated a deed restriction requiring that 40% of housing be designated for low-income families for a minimum of 55 years, a requirement that has since been eliminated. Nevertheless, Ligouri maintains her support for the bill, asserting that it can make homeownership accessible to many Arizonans currently on the margins.

Rep. Cesar Aguilar argued for alternative approaches to affordable housing, such as rent control measures. He critiqued the current form of the bill for potentially benefiting only a small number of individuals, rather than addressing the broader need.

House Majority Leader Michael Carbone defended the legislation’s focus on homeownership, suggesting that rental options are insufficient for creating long-term affordability. However, Gress contended there is a critical need for clarity regarding what qualifies as single-family housing, particularly in relation to investor-owned rentals.

Another significant concern is the bill’s eligibility criteria, which allow churches that have existed for only three years to engage with developers. Gress warned that this could lead to the emergence of church entities primarily aimed at exploiting these favorable conditions.

During committee discussions, Rep. Stacey Travers recalled how previous regulations permitted short-term rentals in residential areas, which eventually led to unintended consequences, including increased neighborhood disturbances and housing shortages. This history fuels skepticism about the current proposal’s potential impact.