ADU Owner Occupancy: Glendale vs Scottsdale
How do adu owner occupancy rules compare between Glendale, AZ and Scottsdale, AZ?
Glendale and Scottsdale have similar restriction levels.
Glendale, AZ
Maricopa County
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.
View full Glendale 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 | Glendale | Scottsdale |
|---|---|---|
| State Preemption | Ariz. Rev. Stat. 9-461.18 (HB 2720) | Ariz. Rev. Stat. 9-461.18 (HB 2720) |
| Owner-Occupancy | Not required | Not required by City |
| Glendale Code Amendment | Dec 10, 2024 | - |
| Investor Use | Permitted | Permitted |
| Occupant Limits | Cannot be city-restricted beyond IBC load | Cannot be city-restricted beyond IBC load |
| HOA Restrictions | Limited by state preemption | Older CCRs may still apply |
| Scottsdale Amendment | - | Adopted 2024 |
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.
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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