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Maricopa County, AZ Accessory Structures: ADU Rental Restrictions (2026)

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

Key Facts

Public hearing/variance
Not required for ADUs
Long-term rental
Allowed, no relation to owner needed
STR limit
One ADU per parcel, max
Owner-occupancy cutoff
COO before Sept. 13, 2024 exempt
Size cap (lots <1 acre)
75% of primary home or 1,000 sq ft
Detached ADU in required yard
Max 30% of yard, 18 ft height

Summary

An accessory dwelling unit in unincorporated Maricopa County can be rented long-term with no family or employment tie to the main house, but only one ADU per lot may ever be used as a short-term rental, and design rules cap its size and placement.

City-specific rules exist: Scottsdale, Gilbert, and Tempe have their own adu rental restrictions rules that differ from Maricopa County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Accessory Dwelling Units (ADUs) 1. In accordance with Arizona State Statute, ADUs are a permitted use on any lot or parcel zoned for single-family residential use. A public hearing, variance, or special permit shall not be required. ... 3. Size. A. No ADU shall exceed the size of the principal dwelling. B. On lot or parcel less than one acre, the size of the ADU shall be a maximum of 75% of the primary dwelling unit or 1,000 square feet whichever is less. 4. Occupancy and Tenancy. A. ADUs may be leased or occupied independently of the principal dwelling as long-term rental housing. B. No familial, marital, or employment relationship is required between occupants of the principal dwelling and the ADU. ... 7. No more than one ADU may be used as a short-term rental. (See also, Article 602.2.4)

Full Breakdown

3 of the Zoning Ordinance treats ADUs as a permitted use on any lot zoned for single-family residential, stating that "in accordance with Arizona State Statute, ADUs are a permitted use on any lot or parcel zoned for single-family residential use. " Every qualifying lot must allow at least one attached and one detached ADU, and a lot of one acre or more must allow an additional detached ADU provided one of the ADUs on the lot is deed-restricted as affordable housing for households earning up to 80% of area median income.

On the rental side, the Occupancy and Tenancy provision is direct: "ADUs may be leased or occupied independently of the principal dwelling as long-term rental housing," and "no familial, marital, or employment relationship is required between occupants of the principal dwelling and the ADU" - so an owner can lease the ADU to an unrelated tenant as an ordinary rental. 4, which also require the property owner to live on site whenever the ADU is being used as an STR unless a certificate of occupancy for the ADU predates September 13, 2024.

Size is capped at 75% of the primary dwelling or 1,000 square feet, whichever is less, on lots under an acre, and no ADU may exceed the size of the principal dwelling on any lot. Detached ADUs built into a required side or rear yard cannot occupy more than 30% of that yard, must sit at least five feet from the side or rear lot line, and are limited to 18 feet in height if they encroach into the required yard. An ADU lawfully built before this Article was adopted keeps legal nonconforming status, but any alteration or expansion must bring it into compliance with the current Article.

Violations & Fines

Operating more than one ADU on a parcel as a short-term rental, or renting an ADU as an STR without the owner residing on site (where the ADU's certificate of occupancy postdates September 13, 2024), violates Article 602.3 and is enforceable as a zoning violation. Expanding or altering a legal nonconforming ADU without bringing it into compliance with current size, setback, and height standards is likewise a violation.

Frequently Asked Questions

Can I rent my Maricopa County ADU long-term to someone unrelated to me?
Yes. Article 602.3 states an ADU may be leased or occupied independently of the principal dwelling as long-term rental housing, and no familial, marital, or employment relationship is required between the occupants of the two units.
Can both my ADU and my main house be short-term rentals at once?
No. The Ordinance limits a parcel to no more than one ADU used as a short-term rental, and separately caps a parcel to one active STR unit at a time under the STR standards in Article 602.2.4.
Do I have to live on my property if I short-term rent my ADU?
Generally yes. The owner must reside on the property if it contains an ADU being used as an STR, unless the ADU's certificate of occupancy or final approval was issued by the county on or before September 13, 2024.
How big can a Maricopa County ADU be?
No ADU may exceed the size of the principal dwelling. On a lot under one acre, an ADU is capped at 75% of the primary dwelling's size or 1,000 square feet, whichever is less.

Sources & Official References

Other rules in Maricopa County

All Maricopa County rules

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