ADU Owner Occupancy: Phoenix vs Scottsdale
How do adu owner occupancy rules compare between Phoenix, AZ and Scottsdale, AZ?
Phoenix and Scottsdale have similar restriction levels.
Phoenix, AZ
Maricopa County
Phoenix had a long-standing owner-occupancy requirement for casitas under PZC Section 608, but Arizona HB 2928 (2025) preempts this restriction for cities over 75,000 population. Phoenix cannot now require owner-occupancy as a condition of ADU permits or use.
View full Phoenix 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 | Phoenix | Scottsdale |
|---|---|---|
| Status | Preempted by HB 2928 (2025) | - |
| Pre-2025 Rule | Was required under §608 | - |
| HOA CC&Rs | Subject to ARS §33-1817 | - |
| Rentable | Both units now | - |
| State Preemption | - | Ariz. Rev. Stat. 9-461.18 (HB 2720) |
| Owner-Occupancy | - | Not required by City |
| Scottsdale Amendment | - | Adopted 2024 |
| Investor Use | - | Permitted |
| Occupant Limits | - | Cannot be city-restricted beyond IBC load |
| HOA Restrictions | - | Older CCRs may still apply |
Highlighted rows indicate differences between cities.
Phoenix FAQ
Does Phoenix require owner-occupancy for ADUs?
No, not since 2025. Arizona HB 2928 preempts owner-occupancy requirements in cities over 75,000 population. Phoenix removed the requirement that was previously in PZC Section 608.
Can my Phoenix HOA require me to live on-site to have an ADU?
Possibly, but the HOA's authority is limited under ARS 33-1817 which prohibits unreasonable HOA restrictions on lawfully created ADUs. Consult an attorney to evaluate your specific CC&Rs.
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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