Casa Grande, AZ Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Trigger
- ADU built on/after September 14, 2024, used as STR
- Requirement
- Owner must reside on the property
- Exception
- Pre-9/14/2024 ADU building right grandfathered
- State law tie-in
- A.R.S. § 12-1134(G) vesting period
- Enforcement
- Same civil penalties as other STR violations
Summary
Casa Grande requires the owner of a short-term rental to actually live on the property if an accessory dwelling unit built on or after September 14, 2024 is being rented as the short-term rental. The owner-occupancy mandate does not reach a property owner who already had the right to build an ADU before that date, so long as the grace period in A.R.S. § 12-1134(G) has not expired.
K. Accessory dwelling units. The owner of a short-term rental shall reside on the property if the property contains an accessory dwelling unit that is being used as a short-term rental and was constructed on or after September 14, 2024. Unless the time period specified in Arizona Revised Statutes Section 12-1134, Subsection G has expired, this section does not apply to a property owner who has the right to build an accessory dwelling unit on the property owner's property before September 14, 2024, whether or not the accessory dwelling unit has been built.
Full Breakdown
Section 5.28.030(K) of the Casa Grande Municipal Code adds an owner-occupancy condition specifically for accessory dwelling units used as short-term rentals. If a property's ADU was constructed on or after September 14, 2024 and that ADU is being operated as a short-term rental, the owner of the short-term rental must reside on the property, tying the STR permit to the owner's actual presence rather than allowing an absentee owner to rent out a detached ADU. The subsection carves out an exception tied to state law: it does not apply to an owner who already had the right to build an ADU on the property before September 14, 2024, whether the ADU had actually been built by then or not, unless the time period specified in A.R.S. § 12-1134(G) has expired.
That statute concerns vested rights to build accessory dwelling units under Arizona's 2024 ADU law, so Casa Grande is effectively grandfathering owners whose ADU development rights predate the ordinance's cutoff date. Because the rule sits inside the general short-term rental permit section, a violation is enforced the same way as any other short-term rental compliance failure: through the civil citation, fine, and permit suspension mechanisms in §§ 5.28.080 and 5.28.100, rather than as a separate accessory-structure penalty.
Violations & Fines
Renting out a post-September 14, 2024 accessory dwelling unit as a short-term rental while the owner does not reside on the property violates § 5.28.030(K) and is treated as a short-term rental permit violation, exposing the owner to the chapter's civil citation process, the $250 per-violation fine under § 5.28.100(C), and potential permit suspension under § 5.28.080 for repeated verified violations.
Frequently Asked Questions
Can I rent out a new backyard ADU as a short-term rental without living on the property?
Does the owner-occupancy rule apply to ADUs built before September 2024?
What happens if an owner violates the ADU occupancy requirement?
Sources & Official References
Other rules in Casa Grande
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