ADU Owner Occupancy: Scottsdale vs Surprise
How do adu owner occupancy rules compare between Scottsdale, AZ and Surprise, AZ?
Scottsdale and Surprise have similar restriction levels.
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 →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 | Scottsdale | Surprise |
|---|---|---|
| State Preemption | Ariz. Rev. Stat. 9-461.18 (HB 2720) | ARS § 9-461.18 (no owner occupancy) |
| 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 | - |
| 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.
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.
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.
Compare other topics
See how Scottsdale and Surprise compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool