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SB1096 • 2026

religious institutions; allowed use; zoning

SB1096 - religious institutions; allowed use; zoning

Housing Land
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
John Kavanagh
Last action
2026-01-14
Official status
Senate second read
Effective date
Not listed

Plain English Breakdown

The bill summary does not provide specific details about the impact of pre-existing zoning rules for senior living communities.

Religious Institutions and Zoning for Senior Living Communities

This bill allows religious institutions to develop senior living communities on their property without needing special zoning approval from cities or counties, provided the same requirements apply as for other similar developments.

What This Bill Does

  • Allows religious institutions to build senior living communities on their land without asking for a rezoning permit.
  • Municipalities cannot impose additional zoning restrictions beyond what is required for comparable development projects.
  • Defines 'senior living community' as places where adults aged 55 or older can live, including independent and assisted living facilities.

Who It Names or Affects

  • Religious institutions that own property in Arizona
  • Senior citizens looking for housing options

Terms To Know

senior living community
A place where adults aged 55 or older can live, including independent and assisted living facilities.
eligible site
Existing buildings on land owned by one or more religious institutions.

Limits and Unknowns

  • The bill does not specify what happens if a city or county already has zoning rules that apply to senior living communities.
  • It is unclear how this will affect existing zoning laws in Arizona cities and counties.

Bill History

  1. 2026-01-14 Senate

    Senate second read

  2. 2026-01-12 Senate

    Senate Rules: None

  3. 2026-01-12 Senate

    Senate Government: None

  4. 2026-01-12 Senate

    Senate first read

Official Summary Text

SB1096 - religious institutions; allowed use; zoning

Current Bill Text

Read the full stored bill text 
SB1096 - 572R - I Ver

PREFILED��� JAN 07 2026

REFERENCE TITLE:
religious institutions; allowed use; zoning

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1096

Introduced by

Senator
Kavanagh

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 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_STATUTE
9-462.15.

Religious institutions; allowed use developments; senior living
community; definitions

A. any senior living community
development on an eligible site is considered an allowed use development and
may be developed without a rezoning application approval or rezoning hearing
pursuant to section 9-462.01. A municipality may not impose
any additional zoning restrictions on an allowed use development on an eligible
site.

B. A municipality may require
additional permits for an allowed use development on an eligible site if the
same permits are required by the municipality for a comparable development
project.

C. A municipality may require site
improvements and impact fees for an allowed use development on an eligible site
if the same site improvements and impact fees are required by the municipality
for a comparable development project.�

D. For the purposes of this section:

1. "eligible site" means
existing buildings on one or more contiguous parcels owned by one or more
religious institutions.

2. "Religious institution"
means an institution that is owned, controlled, operated and maintained by a
church, religious denomination or religious organization that is lawfully
operating as a nonprofit religious corporation.

3. "senior living
community":

(
a
) means a
community for adults who are at least fifty-five years of age.

(
b
) Includes:

(
i
) Independent
living facilities.

(
ii
) assisted
living facilities as defined 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_STATUTE
11-820.05.

Religious institutions; allowed use
developments; senior living community; definitions

A. any senior living community
development on an eligible site is considered an allowed use development and
may be developed without a rezoning application approval or rezoning hearing
pursuant to section 11-813.� A county may not impose any additional
zoning restrictions on an allowed use development on an eligible site.

B. A county may require additional
permits for an allowed use development on an eligible site if the same permits
are required by the county for a comparable development project.

C. A county may require site
improvements and impact fees for an allowed use development on an eligible site
if the same site improvements and impact fees are required by the county for a
comparable development project.�

D. For the purposes of this section:

1. "eligible site" means
existing buildings on one or more contiguous parcels owned by one or more
religious institutions.

2. "Religious institution"
means an institution that is owned, controlled, operated and maintained by a
church, religious denomination or religious organization that is lawfully
operating as a nonprofit religious corporation.

3. "senior living
community":

(
a
) means a
community for adults who are at least fifty-five years of age.

(
b
) Includes:

(
i
) Independent
living facilities.

(
ii
) assisted
living facilities as defined in section 36-401.
END_STATUTE