ADU Owner Occupancy: Glendale vs Surprise
How do adu owner occupancy rules compare between Glendale, AZ and Surprise, AZ?
Glendale and Surprise 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 →Surprise, AZ
Maricopa County
Under Arizona's ADU statute (ARS § 9-461.18) Surprise cannot require owner occupancy of the principal dwelling or the ADU for long-term rental purposes. The statute also prohibits any familial, marital, or employment relationship requirement between owner and occupant. The only owner-occupancy authority remaining is for ADUs built after September 14, 2024, that are used as short-term rentals — Surprise can require the owner to live on-site in that narrow scenario.
View full Surprise rules →Key Facts Comparison
| Fact | Glendale | Surprise |
|---|---|---|
| State Preemption | Ariz. Rev. Stat. 9-461.18 (HB 2720) | ARS § 9-461.18 (no owner occupancy) |
| Owner-Occupancy | Not required | - |
| Glendale Code Amendment | Dec 10, 2024 | - |
| Investor Use | Permitted | - |
| Occupant Limits | Cannot be city-restricted beyond IBC load | - |
| HOA Restrictions | Limited by state preemption | - |
| Long-Term Defined | - | Lease ≥ 90 days or month-to-month |
| STR Exception | - | ADUs built post-9/14/2024 only |
| HOA Authority | - | Not preempted (CC&Rs apply) |
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.
Surprise FAQ
Does Surprise require the owner to live on-site to have an ADU?
No, not for long-term rentals. ARS § 9-461.18 preempts municipal owner-occupancy mandates for cities over 75,000 population. The only exception is for ADUs built after September 14, 2024, that are used as short-term rentals.
Can I rent out both the main house and the ADU to different tenants in Surprise?
Yes under state law. ARS § 9-461.18 expressly permits separately leased long-term rental of the single-family dwelling and ADU on the same parcel. Sun City Grand and other HOAs may still restrict this through CC&Rs.
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