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πŸ—οΈ Accessory Structures/ADU Owner Occupancy

ADU Owner Occupancy: Chandler vs Peoria

How do adu owner occupancy rules compare between Chandler, AZ and Peoria, AZ?

Chandler and Peoria have similar restriction levels.

Chandler, AZ

Maricopa County

Few Restrictions

Chandler may not require owner-occupancy as a condition of building or operating an accessory dwelling unit. Arizona Ariz. Rev. Stat. section 9-461.18 (HB 2720) preempts owner-occupancy mandates for cities over 75,000 population. Chandler's ADU code amendments adopted in November 2024 removed any prior owner-occupancy condition. Investor-owned ADUs are permitted on single-family lots.

View full Chandler rules β†’

Peoria, AZ

Maricopa County

Few Restrictions

Peoria may not require owner-occupancy as a condition of building or operating an accessory dwelling unit. Arizona Ariz. Rev. Stat. section 9-461.18 (HB 2720) preempts owner-occupancy mandates for cities over 75,000 population. The Peoria Zoning Ordinance residential districts were amended to remove any prior owner-occupancy condition. Investor-owned ADUs are permitted on single-family lots.

View full Peoria rules β†’

Key Facts Comparison

FactChandlerPeoria
State PreemptionAriz. Rev. Stat. 9-461.18 (HB 2720)Ariz. Rev. Stat. 9-461.18 (HB 2720)
Owner-OccupancyNot requiredNot required
Chandler Code AmendmentNovember 2024-
Investor UsePermittedPermitted
Occupant LimitsCannot be city-restricted beyond IBC loadCannot be city-restricted beyond IBC load
HOA RestrictionsLimited by state preemptionLimited by state preemption
City Reference-Peoria Zoning Ordinance residential districts

Highlighted rows indicate differences between cities.

Chandler FAQ

Does Chandler require me to live on the property to have an ADU?

No. Arizona Revised Statutes section 9-461.18 (HB 2720) prohibits Chandler from requiring owner-occupancy as a condition for building or operating an accessory dwelling unit. Investor-owners may build and rent both the main house and the ADU.

Can my Chandler HOA enforce owner-occupancy for ADUs?

HB 2720 (Ariz. Rev. Stat. 9-461.18) substantially limits HOAs from blocking ADUs that comply with the state by-right standards. Older recorded covenants may be partially preempted; consult an Arizona real estate attorney for a specific covenant analysis.

Peoria FAQ

Does Peoria require me to live on the property to have an ADU?

No. Arizona Revised Statutes section 9-461.18 (HB 2720) prohibits Peoria from requiring owner-occupancy as a condition for building or operating an accessory dwelling unit. Investor-owners may build and rent both the main house and the ADU.

Can my Peoria HOA enforce owner-occupancy for ADUs?

HB 2720 (Ariz. Rev. Stat. 9-461.18) substantially limits HOAs from blocking ADUs that comply with the state by-right standards. Older recorded covenants may be partially preempted; consult an Arizona real estate attorney for a specific covenant analysis.

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