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Queen Creek, AZ Accessory Structures: ADU Rental Restrictions (2026)

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

Key Facts

Second ADU trigger
Town population over 75,000
Minimum lot size
One acre for second detached ADU
Income limit
Up to 80% of area median income
Deed restriction
Recorded, runs with the property
Governing section
Zoning Ordinance § 6.1.D.1.q

Summary

Queen Creek lets a lot gain a second detached ADU only once the Town's certified population passes 75,000, and only if one of the two units is deed-restricted as affordable, rented to households earning up to 80% of area median income under a Town-standard recorded deed restriction.

ii. One (1) additional detached ADU, for a total of two (2) detached ADUs, is permitted on a lot or parcel that is one (1) acre and at least one (1) of the ADUs is used as a restricted-affordable dwelling unit, which is defined as a dwelling unit that, through a private deed restriction, is rented to households earning up to eighty percent (80%) of the area median income. iii. The owner of a proposed restricted-affordable dwelling unit that is subject to this Chapter must execute and deliver an original recorded copy of a deed restriction on the Town standard form prior to issuance of a building permit for the construction of the proposed restricted-affordable dwelling unit on the lot or parcel.

Full Breakdown

S. Section 1-215(31). Until that threshold is met, a lot or parcel zoned single-family may carry only one attached and one detached ADU under subsection h. Once the threshold is crossed, subsection q(ii) allows a second detached ADU, for a total of two, on a lot that is at least one acre, but only if at least one of the ADUs functions as a restricted-affordable dwelling unit. The Ordinance defines that term precisely: a dwelling unit that, through a private deed restriction, is rented to households earning up to 80% of the area median income.

Before a building permit can issue for that second unit, the owner must execute and deliver an original recorded copy of a deed restriction on the Town's standard form, and that restriction must be recorded in the property records of the County Recorder's Office, running with the land as a permanent covenant rather than expiring with a sale. If a tenant's income later rises above the qualifying threshold, subsection q(v) lets them stay out the current lease term under its existing terms, but bars any extension of that lease once they no longer qualify.

Because Queen Creek straddles Maricopa and Pinal counties, the recording office that holds the deed restriction depends on which county the parcel sits in, so an owner near the county line needs to confirm the correct County Recorder before submitting paperwork.

Violations & Fines

Building or occupying a second detached ADU without first recording the required deed restriction on the Town's standard form is a Zoning Ordinance violation subject to Section 2.6.H civil penalties: $250 for a first offense, $500 for a second within 12 months, and $2,000 for a third, with each day of continued noncompliance treated as a separate offense after the 14-day notice period.

Frequently Asked Questions

Can I build two detached ADUs on my Queen Creek lot?
Only once the Town's certified population exceeds 75,000, and only on a lot of at least one acre, and only if you deed-restrict one of the two units as affordable housing rented to households at or below 80% of area median income, per Section 6.1.D.1.q.
What is a restricted-affordable ADU in Queen Creek?
It is a dwelling unit that, through a private deed restriction recorded with the County Recorder, is rented only to households earning up to 80% of the area median income. The restriction must be recorded on the Town's standard form before a building permit issues.
What happens if my ADU tenant's income later goes above the limit?
Section 6.1.D.1.q(v) allows the tenant to keep occupying the unit for the remainder of their current lease term under the same conditions, but the owner cannot extend or renew that lease once the tenant no longer meets the income qualification.

Sources & Official References

Other rules in Queen Creek

All Queen Creek rules

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