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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 official text defines 'senior living community' but does not specify if this includes memory care or skilled nursing facilities beyond assisted living.

SB1096 - Zoning Rules for Senior Living on Religious Property

This law allows religious institutions to build senior living communities on their existing property without a special zoning change, as long as local rules match those for similar projects.

What This Bill Does

  • Allows building senior living communities on land owned by religious institutions without needing a rezoning application approval or hearing.
  • Prohibits cities and counties from adding extra zoning restrictions to these specific developments beyond what is already required.
  • Permits local governments to require the same permits, site improvements, and impact fees that they charge for comparable development projects.

Who It Names or Affects

  • Cities in Arizona
  • Counties in Arizona
  • Religious institutions operating as nonprofit corporations

Terms To Know

Allowed use development
A project that can be built without needing a special change to the zoning rules or a hearing.
Eligible site
Existing buildings on one or more connected pieces of land owned by religious institutions.
Senior living community
A housing area for adults at least 55 years old, including independent and assisted living facilities.

Limits and Unknowns

  • The law only applies to existing buildings on religious property.
  • Local governments can still charge fees and require permits if they do the same for other similar projects in their area.

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