ADU Owner Occupancy: Peoria vs Scottsdale
How do adu owner occupancy rules compare between Peoria, AZ and Scottsdale, AZ?
Peoria and Scottsdale have similar restriction levels.
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 →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 | Peoria | 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 |
| 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 |
| City Reference | Peoria Zoning Ordinance residential districts | - |
| Scottsdale Amendment | - | Adopted 2024 |
Highlighted rows indicate differences between cities.
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.
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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