ADU Owner Occupancy: Mesa vs Peoria
How do adu owner occupancy rules compare between Mesa, AZ and Peoria, AZ?
Mesa and Peoria have similar restriction levels.
Mesa, AZ
Maricopa County
Mesa does not require owner occupancy for ADUs under MZO Section 11-31-3, as updated by Ordinance 5883 to comply with HB 2720. Arizona HB 2720 prohibits cities over 75,000 from imposing owner-occupancy requirements. Both the primary residence and ADU may be rented to separate tenants. HOA CC&Rs in Mesa's many master-planned communities may still impose occupancy rules subject to ARS 33-1817 limits.
View full Mesa rules →Peoria, AZ
Maricopa County
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 →Key Facts Comparison
| Fact | Mesa | Peoria |
|---|---|---|
| Status | Not required (HB 2720) | - |
| Code Section | MZO §11-31-3 | - |
| Both Units Rentable | Yes | - |
| HOA Layer | Heavy — many master-planned communities | - |
| HOA Statute | ARS §33-1817 | - |
| State Preemption | - | Ariz. Rev. Stat. 9-461.18 (HB 2720) |
| Owner-Occupancy | - | Not required |
| Investor Use | - | Permitted |
| Occupant Limits | - | Cannot be city-restricted beyond IBC load |
| HOA Restrictions | - | Limited by state preemption |
| City Reference | - | Peoria Zoning Ordinance residential districts |
Highlighted rows indicate differences between cities.
Mesa FAQ
Does Mesa require owner-occupancy for ADUs?
No. Under Arizona HB 2720 and MZO Section 11-31-3 (Ordinance 5883), Mesa cannot require the property owner to live on-site as a condition of ADU permits. Both the main house and the ADU may be rented to separate tenants.
Can my Mesa HOA require me to live on-site to have an ADU?
Possibly, depending on your CC&Rs. Mesa has many master-planned communities with strict HOA rules. ARS 33-1817 limits HOA restrictions that effectively prohibit lawfully created ADUs, but reasonable architectural review may still apply. Review your specific CC&Rs and consult an attorney before relying on or contesting an HOA provision.
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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