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πŸ—οΈ Accessory Structures/ADU Owner Occupancy

ADU Owner Occupancy: Glendale vs Peoria

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

Glendale and Peoria have similar restriction levels.

Glendale, AZ

Maricopa County

Few Restrictions

Glendale 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. Glendale's December 10, 2024 amendments to the Uniform Development Code (Chapter 35) implement the state preemption. Investor-owned ADUs are permitted on single-family lots.

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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

FactGlendalePeoria
State PreemptionAriz. Rev. Stat. 9-461.18 (HB 2720)Ariz. Rev. Stat. 9-461.18 (HB 2720)
Owner-OccupancyNot requiredNot required
Glendale Code AmendmentDec 10, 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.

Glendale FAQ

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

No. Arizona Revised Statutes section 9-461.18 (HB 2720) prohibits Glendale from requiring owner-occupancy as a condition for building or operating an accessory dwelling unit. Glendale's December 10, 2024 amendments to the Uniform Development Code implement this preemption. Investor-owners may build and rent both the main house and the ADU.

Can my Glendale HOA enforce owner-occupancy for ADUs?

HB 2720 (Ariz. Rev. Stat. 9-461.18) substantially limits HOAs from blocking ADUs that comply with 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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