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πŸ—οΈ Accessory Structures/ADU Owner Occupancy

ADU Owner Occupancy: Chandler vs Scottsdale

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

Chandler and Scottsdale 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†’

Scottsdale, AZ

Maricopa County

Few Restrictions

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

View full Scottsdale rules β†’

Key Facts Comparison

FactChandlerScottsdale
State PreemptionAriz. Rev. Stat. 9-461.18 (HB 2720)Ariz. Rev. Stat. 9-461.18 (HB 2720)
Owner-OccupancyNot requiredNot required by City
Chandler Code AmendmentNovember 2024-
Investor UsePermittedPermitted
Occupant LimitsCannot be city-restricted beyond IBC loadCannot be city-restricted beyond IBC load
HOA RestrictionsLimited by state preemptionOlder CCRs may still apply
Scottsdale Amendment-Adopted 2024

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.

Scottsdale FAQ

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

No. Arizona Revised Statutes Sec. 9-461.18 (HB 2720) prohibits Scottsdale 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 to separate non-related tenants.

Can my Scottsdale HOA enforce owner-occupancy for ADUs?

HB 2720 (Ariz. Rev. Stat. Sec. 9-461.18) substantially limits HOAs from blocking ADUs that comply with the state by-right standards, particularly for covenants recorded after the statute's effective date. Older recorded covenants in established Scottsdale master-planned communities may be partially preempted; consult an Arizona real estate attorney for a specific CCR analysis.

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