Flagstaff, AZ Accessory Structures: ADU Owner Occupancy (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?
Can I avoid the owner-occupancy rule by renting my ADU long-term instead?
What happens if I rent my Flagstaff ADU short-term without living there?
Sources & Official References
Other rules in Flagstaff
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