The Arizona House of Representatives at the Arizona State Capitol in Phoenix, Arizona. / Gage Skidmore / CC-BY-SA-3.0
State Senator David Farnsworth (R-Apache Junction) plans to introduce two bills during the upcoming legislative session that would ease or preempt some regulation of home-based businesses.
Farnsworth has represented legislative district 16 in the state Senate since he was appointed in 2013. He was elected in 2014 and reelected in 2016 with nearly two-thirds of the vote. Farnsworth defeated Democratic candidate Scott Prior both times.
Senate Bill 1001 amends title 11 chapter 6 of the Arizona Revised Statutes (ARS), which addresses county planning and zoning. Specifically, the bill gives additional protections to home-based businesses from county regulation under § 11-820 of the ARS.
The two principal provisions in SB 1001 prevents ordinances that would restrict the use half or less of “the primary residential dwelling” or “a four hundred-square-foot or smaller accessory structure or garage for home-based business activity.”
While counties are already prevented from taking some measures to regulate home-based business, towns and cities have greater leeway. Senate Bill 1002 would apply to towns and cities the same constraints already placed on counties vis-a-vis home-based businesses as well as the additional constraints contained in SB 1001.
Taken together, SB 1001 and 1002 represent an attempt to move regulatory authority away from local government.
State Senator Farnsworth introduced a very similar bill last legislative session, SB 1007. That bill received bipartisan support from members of both chambers, including Senators Barto (R-Phoenix), Borrelli (R-Lake Havasu City), Fann (R-Prescott), and Farley (D-Tucson) and Representatives Boyer (R-Phoenix), Coleman (R-Apache Junction), Mosley (R-Lake Havasu City), and Powers Hannley (D-Tucson).