House Bill 401 Summary

• Requires local governments to allow duplexes, triplexes, quadplexes, and townhouses in residential zones that permit single-family dwellings, effective October 1, 2021.

• Mandates at least one accessory dwelling unit per detached single-family dwelling in residential zones without owner-occupancy requirements, minimum parking requirements, or conditional use zoning, effective October 1, 2021.

• Prohibits local governments from setting minimum square footage requirements for residential structures, downzoning properties with public water or sewer access without showing changed circumstances, or banning non-industrial uses that do not pose serious threats to public health and safety.

• Establishes that courts must award attorneys' fees and costs to parties successfully challenging violations of zoning restrictions and allows permit applicants to choose between prior zoning regulations or least restrictive standards if a regulation is invalidated.

• Requires local governments to submit semiannual reports to the Joint Legislative Committee on Local Government beginning October 1, 2021, detailing development permit applications received, denials with reasons, and down-zoning ordinances enacted.