New State of Arizona House Bill HB 2333

Hello Neighbors:  I believe the majority of you appreciate the unique rural and tranquil feel of our Paradise Gardens neighborhood and the other Phoenix Mountain Preserve neighborhoods , even though we are surrounded by the City of Phoenix, and now considered “close-in” in comparison with newer suburbs.  There is a bill in front of the AZ legislature that could possibly have the effect of greatly changing our neighborhood. “HB 2333 – Home-Based Businesses; Local Regulation” To view the full bill text please click here: https://apps.azleg.gov/BillStatus/GetDocumentPdf/459031. For the full bill overview, status, etc. page please click here: https://apps.azleg.gov/billStatus/BillOverview/70124

Our City Councilwoman Debra Stark encourages you to read the bill and if you are opposed, please contact your Arizona state senators and let them know.
To find who yours are and contact information

this link: https://azredistricting.org/districtlocator/

Per Councilwomen Stark’s office, “Unlike most suburbs and rural cities and towns, Phoenix has many diverse neighborhoods ranging from S-1 large lots to downtown high-rise apartments.  Adopting an uniform “reasonable regulation” on home business, which this bill wants to do, will be virtually impossible.  A type of home-based business may be compatible in S-1 neighborhood, but the same use may be inappropriate for more dense subdivisions.  

 

Second, this bill will make it impossible for City to legally regulate most of the sober living homes in the residential districts.   City may impose zoning regulation on sober living homes if the zoning regulation preserves the residential nature of the neighborhoods.  Allowing intrusion of business activities with unlimited employees (3 unrelated + unlimited related) will destroy the residential nature of the residential neighborhood.  It will be hard for the City to argue that a sober living home for 8 residents is a less compatible use in a residential neighborhood than home-based business.

 

Third, the bill seems to prohibit imposition of location-specific stipulations for home-based businesses.  Currently, city through its zoning process can impose site specific conditions such as delivery hours, additional parking requirements, and noise-reduction devices.  This bill takes away city’s ability to impose reasonable, case-by-case requirements.  

 

Based on our City of Phoenix District 3 analysis, the following uses are examples of what can be permitted in residential neighborhoods like ours if the bill passes:

 

  1. Dog boarding house/shelter/day care center.
  2. Warehouse.
  3. Microbrewery.
  4. Dental office.

 

Our City Councilwomen has heard neighbors complaining about these types of uses in or abutting a residential neighborhood.  Despite the well-intended attempts by the bill sponsor, the compromised language will leave the City with no authority to keep these business from residential areas.”

I’m sending this note to all of you as a courtesy to our Councilwomen and her knowledge.  Please read the bill and make your own decision based on what you believe is best. I realize we have a diverse neighborhood with differing opinions and am not telling anyone how to respond.  I didn’t know about this bill previously and thought that many of you may have an interest one way or another.  

With best intentions. Have a good day!  Bruce

Bruce Cutting

Paradise Gardens Neighborhood Association and Block Watch