Primary-Residence-Only Rule: Gilbert vs Tempe
How do primary-residence-only rule rules compare between Gilbert, AZ and Tempe, AZ?
Gilbert and Tempe have similar restriction levels.
Gilbert, AZ
Maricopa County
Arizona ARS section 11-269.17 prohibits Maricopa County from limiting short-term rentals to a host's primary residence. The county may register operators and enforce nuisance and zoning rules but cannot ban whole-home or non-owner-occupied vacation rentals.
View full Gilbert rules βTempe, AZ
Maricopa County
Arizona ARS section 11-269.17 prohibits Maricopa County from limiting short-term rentals to a host's primary residence. The county may register operators and enforce nuisance and zoning rules but cannot ban whole-home or non-owner-occupied vacation rentals.
View full Tempe rules βKey Facts Comparison
| Fact | Gilbert | Tempe |
|---|---|---|
| Owner occupancy | Cannot be required | Cannot be required |
| Primary residence | Not required | Not required |
| Statute | ARS 11-269.17 | ARS 11-269.17 |
| Three-strike rule | Permit revoked | Permit revoked |
Highlighted rows indicate differences between cities.
Gilbert FAQ
Can the county cap how many nights I rent each year?
No. ARS 11-269.17 lists allowed county powers and night caps are absent. Maricopa County may require registration and limit guest counts only as zoning occupancy rules already do, not by total annual nights.
What zoning allows STRs in unincorporated Maricopa County?
All single-family residential zones permit STRs under state preemption. The use is treated as a residential occupancy, with no separate commercial classification, so long as the property remains a dwelling unit.
Tempe FAQ
Can the county cap how many nights I rent each year?
No. ARS 11-269.17 lists allowed county powers and night caps are absent. Maricopa County may require registration and limit guest counts only as zoning occupancy rules already do, not by total annual nights.
What zoning allows STRs in unincorporated Maricopa County?
All single-family residential zones permit STRs under state preemption. The use is treated as a residential occupancy, with no separate commercial classification, so long as the property remains a dwelling unit.
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