Surprise must allow accessory dwelling units (ADUs) by right in single-family residential zones under Arizona HB 2720 (2024), codified at ARS § 9-461.18. With a population near 143,000 the city exceeds the 75,000 threshold and is preempted from prohibiting one attached and one detached ADU per single-family lot. The Surprise Zoning Ordinance Section 106-10.2 (ADUs) within Chapter 106 (Zoning and Use Standards) implements the state mandate, and building permits issue through the Community Development Department.
Surprise regulates accessory dwelling units through Chapter 106 (Zoning and Use Standards) of the Surprise Municipal Code, with ADUs addressed at Section 106-10.2 of the Zoning Ordinance and shown on the Land Use Matrix (Table 106-1c) as permitted by right (P) in residential zones RR, R-1, R-2, and R-3. Arizona HB 2720, signed in 2024 and effective January 1, 2025 (codified at Arizona Revised Statutes § 9-461.18), preempts municipalities with populations over 75,000 from prohibiting at least one attached and one detached ADU per single-family lot. Surprise's 2024 estimated population of approximately 143,000 places it firmly within the preempted class. Under ARS § 9-461.18 the city cannot require an ADU lot to exceed the minimum lot area for the underlying single-family zone, cannot cap ADU size below 1,000 square feet for a detached unit or below 75 percent of the principal dwelling (whichever is greater), and cannot require additional on-site parking beyond what is required for the principal dwelling. Building permits are processed by the Surprise Community Development Department through the city's online permit portal, with plan review under the 2018 International Residential Code as locally amended. Properties in age-restricted HOAs like Sun City Grand (The Grand) and Sun Village remain subject to private CC&Rs because state law does not override HOAs.
Building an ADU without a permit is a zoning and building code violation under Chapter 105 (Building and Building Regulations). Civil penalties under ARS § 9-499 and Surprise City Code allow fines up to $2,500 per day for unpermitted construction. The city may issue stop-work orders and require demolition or retroactive permitting.
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