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Tempe, AZ Accessory Structures: Tiny Homes (2026)

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

Tiny home rules in Tempe, AZ, covering tiny houses on wheels (THOWs), park model RVs, and tiny home on foundation builds, determine where they are legal and how they get permitted.

Key Facts

Governing section
Zoning Code § 3-402(F)(4)
Tiny house size range
120 to 400 sq ft
Foundation requirement
Permanent foundation required
Max civil sanction
$1,000 (or misdemeanor)
Applies in
All residential zoning districts
Building code reference
Tempe City Code § 8-300, Appendix BB

Summary

Tempe's Zoning and Development Code lets homeowners build a tiny home as an accessory dwelling unit under Section 3-402(F)(4), as long as it sits on a permanent foundation and meets the city's adopted building code for tiny houses. That building code, at Section 8-300, caps a qualifying tiny house at 120 to 400 square feet.

4.Tiny home construction is permissible for an ADU, when built on a permanent foundation, and compliant with tempe's adopted building code for tiny homes.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).

Full Breakdown

Tempe defines an accessory dwelling unit (ADU) as a subordinate dwelling that can be rented or leased separately from the main house, and Zoning and Development Code Section 3-402 sets the standards. 4 that tiny home construction is permissible for an ADU when built on a permanent foundation and compliant with the city's adopted building code for tiny homes. That building-code cross-reference points to Tempe City Code Section 8-300, which adopts Appendix BB of the 2024 International Residential Code and defines a TINY HOUSE as a dwelling of not less than 120 square feet and not more than 400 square feet of floor area, excluding lofts, that is not regulated by the Arizona Department of Housing's Manufactured Housing Division and is not a recreational vehicle.

Because a tiny-home ADU still has to satisfy the general ADU standards in Section 3-402, it also has to meet the same setbacks (5 feet minimum on rear, side and street side yards), height limits tied to the underlying zoning district, and lot-coverage counting as any other ADU, and it needs its own address, sewer and water connections, and full sleeping, sanitation and kitchen facilities. A tiny home ADU can be built on a lot with a single-family dwelling in any residential district identified in Section 2-102, counts toward the one-attached, one-detached ADU allowance per lot under an acre, and cannot be subdivided or sold separately from the main lot.

Building permits go through the Community Development Department's Building Safety Division, which verifies the permanent foundation and Appendix BB compliance before signing off on construction.

Violations & Fines

Building or occupying a tiny-home ADU without meeting Section 3-402's foundation, size, setback or permit requirements is a Zoning and Development Code violation under Section 1-201. Penalties run from a civil sanction of $100 to $1,000, or a class 1 misdemeanor punishable by up to a $2,500 fine, three years of probation, or six months in jail, with each day of the violation charged as a separate offense.

Frequently Asked Questions

Can I put a tiny house on my Tempe property as a rental unit?
Yes, if it qualifies as an accessory dwelling unit under Section 3-402. The tiny home must sit on a permanent foundation, meet the same setback, height and lot-coverage rules as any other ADU, and comply with the city's adopted tiny house standard in Appendix BB of the building code, which limits it to 120 to 400 square feet.
Does a tiny home on wheels qualify as an ADU in Tempe?
No. The city's TINY HOUSE definition excludes anything classified as a recreational vehicle, and Section 3-402(F) requires ADUs originally built on trailers to have the suspension and axle components removed and the chassis permanently attached to a foundation. A wheeled tiny home used as a standalone rental does not meet the ADU standard.
What size limits apply to a Tempe tiny house?
Tempe City Code Section 8-300, adopting Appendix BB of the International Residential Code, defines a TINY HOUSE as having not less than 120 square feet and not more than 400 square feet of floor area, not counting lofts, and excludes units regulated as manufactured housing or recreational vehicles.

Sources & Official References

Other rules in Tempe

All Tempe rules

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