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Flagstaff, AZ Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Trigger for owner-occupancy
ADU rented as vacation/short-term
Owner-occupancy requirement
owner must reside on the property
Alternative to owner-occupancy
lease ADU long-term (90+ days)
ADU occupancy cap
two persons

Summary

In the City of Flagstaff, if a property with an accessory dwelling unit (ADU) rents that ADU as a vacation or short-term rental, the property owner must live on the property. The rule does not apply when the ADU is leased as long-term housing instead.

(8) Required Occupancy ... (b) When a property contains an ADU, the owner of the property must reside on the property if any ADU is used as either a vacation or short-term rental.

Full Breakdown

Zoning Code Section 10-40.60.030's Required Occupancy standard, part of Table 10-40.60.030.A that governs ADUs citywide, ties short-term rental of an ADU directly to owner presence on site. The immediately preceding provision allows the primary Single-Family Dwelling and any ADU on the same lot to be leased separately from each other as long-term rental housing, defined as a lease of 90 days or longer or a month-to-month tenancy. The owner-occupancy clause is the trade-off for going shorter than that: when a property contains an ADU and that ADU is used as either a vacation or short-term rental, the property owner must reside on the property.

That sits within a broader set of ADU controls in the same section, including a two-person occupancy cap per ADU, a ban on selling an ADU separately from the primary structure, a prohibition on using a mobile home, recreational vehicle, or other movable habitable space as an ADU, and a size cap of the lesser of 75 percent of the primary dwelling's gross floor area or 1,000 square feet (with an 800-square-foot floor regardless of house size). The owner-occupancy requirement gives Community Development a bright-line test for short-term rental complaints tied to ADUs: either the owner lives there, or the ADU has to be rented long-term instead.

Violations & Fines

An ADU advertised or rented as a vacation or short-term rental while the property owner does not reside on the property is out of compliance with the Zoning Code's Required Occupancy standard; code compliance can direct the owner to either move onto the property, convert the rental to a long-term (90-day-plus or month-to-month) lease, or stop the short-term rental use.

Frequently Asked Questions

Do I have to live on my Flagstaff property to rent my ADU short-term?
Yes. Zoning Code Section 10-40.60.030 requires the property owner to reside on the property whenever an ADU on that property is used as either a vacation or short-term rental; there is no short-term-rental option for an absentee owner.
Can I avoid the owner-occupancy rule by renting my ADU long-term instead?
Yes. The owner-occupancy requirement is tied specifically to vacation and short-term rental use of the ADU; the same section separately allows the ADU to be leased as long-term housing, meaning a lease of 90 days or longer or month-to-month, without an owner-occupancy condition.
What happens if I rent my Flagstaff ADU short-term without living there?
The rental use is out of compliance with the Required Occupancy standard in the Zoning Code, and Community Development can require you to either occupy the property, switch the ADU to a long-term lease, or stop the short-term rental.

Sources & Official References

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