Arizona Statewide Rule
Arizona ADU Law Forces Big Cities to Allow Backyard Units (ARS 9-461.18)
Key Facts
- Statute
- ARS 9-461.18
- Applies to
- Cities over 75,000 residents
- Max size
- 1,000 sq ft or 75%
- Max setback a city can require
- Five feet
- Compliance deadline
- January 1, 2025
Summary
Under ARS 9-461.18, every Arizona municipality with more than 75,000 residents must permit at least one attached and one detached accessory dwelling unit on any lot zoned for a single-family home. Cities that failed to adopt compliant rules by January 1, 2025 must allow ADUs outright.
A municipality with a population of more than seventy-five thousand persons shall adopt regulations that allow on any lot or parcel where a single-family dwelling is allowed ... at least one attached and one detached accessory dwelling unit as a permitted use.... An accessory dwelling unit that is seventy-five percent of the gross floor area of the single-family dwelling on the same lot or parcel or one thousand square feet, whichever is less.
Full Breakdown
The statute strips large Arizona cities of most tools they once used to block backyard homes. An ADU may be up to 75 percent of the main dwelling's gross floor area or 1,000 square feet, whichever is less, and a city cannot impose a smaller cap. Municipalities may not require extra parking, matching exterior design, a familial relationship between occupants, restrictive covenants, or side and rear setbacks greater than five feet, and they may not bar renting the ADU as separate long-term housing. Lots of one acre or more can add a second detached ADU if one unit is restricted-affordable. The mandate binds only municipalities over 75,000 residents; smaller towns and unincorporated county land are not covered.
Violations & Penalties
The statute penalizes cities, not owners: a municipality over 75,000 that failed to adopt conforming rules by January 1, 2025 forfeits authority to limit ADU size, setbacks, or parking and must permit accessory dwelling units on every single-family lot.
Frequently Asked Questions
Can I build a tiny home in my backyard anywhere in Arizona?
How large can the accessory dwelling unit be?
Can the city require me to add a parking space?
Sources
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