ADU Owner Occupancy: Gilbert vs Scottsdale
How do adu owner occupancy rules compare between Gilbert, AZ and Scottsdale, AZ?
Gilbert and Scottsdale have similar restriction levels.
Gilbert, AZ
Maricopa County
Gilbert previously required owner-occupancy as a condition of casita approval, but Arizona HB 2720 (ARS 9-461.18) preempts owner-occupancy requirements in cities over 75,000 population. Gilbert may no longer condition ADU permits on the owner residing on-site. HOA CC&Rs may still impose restrictions, subject to limits under ARS 33-1817.
View full Gilbert rules →Scottsdale, AZ
Maricopa County
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 →Key Facts Comparison
| Fact | Gilbert | Scottsdale |
|---|---|---|
| Status | Preempted by HB 2720 | - |
| Effective Date | January 1, 2025 | - |
| HOA CC&Rs | Limited by ARS §33-1817 | - |
| Rentable | Both units now | - |
| State Preemption | - | Ariz. Rev. Stat. 9-461.18 (HB 2720) |
| Owner-Occupancy | - | Not required by City |
| Scottsdale Amendment | - | Adopted 2024 |
| Investor Use | - | Permitted |
| Occupant Limits | - | Cannot be city-restricted beyond IBC load |
| HOA Restrictions | - | Older CCRs may still apply |
Highlighted rows indicate differences between cities.
Gilbert FAQ
Does Gilbert require owner-occupancy for a casita?
No, not since January 1, 2025. ARS 9-461.18 preempts owner-occupancy requirements in cities over 75,000 population. Gilbert removed the requirement from its Land Development Code.
Can my Gilbert HOA require me to live on-site to have an ADU?
Possibly through CC&Rs, but HOA authority is limited by ARS 33-1817 which prohibits unreasonable HOA restrictions on lawfully created ADUs. Review your CC&Rs and consult an attorney before relying on the statute.
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.
Compare other topics
See how Gilbert and Scottsdale compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool