Scottsdale updates zoning rules for accessory dwelling units to comply with new state law

Scottsdale
Scottsdale
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At its meeting on September 30, the Scottsdale City Council approved changes to the city’s zoning ordinance regarding Accessory Dwelling Units (ADUs) to align with a new state law, HB2928, which was enacted earlier this year. The law increases the ability for homeowners to build ADUs on residential lots.

ADUs are smaller, independent living spaces located on the same property as a main single-family home. Unlike guest houses, ADUs must have their own kitchen and bathroom facilities and can be rented separately from the primary residence.

Scottsdale had opposed HB2928, citing concerns about neighborhood impacts and the reduction of local authority over zoning decisions. However, after the bill became law, the city was required to update its zoning ordinance through a text amendment (4-TA-2024#2).

The updated ordinance allows one attached and one detached ADU per single-family property. For properties that are at least one acre in size, a third detached ADU is permitted if at least one of the units qualifies as affordable housing. The city’s amendment also limits the size of multiple ADUs on a single lot to help address potential effects on neighborhoods, water supply, and sewer capacity. Both state law and Scottsdale’s zoning code set limits on the allowable size of ADUs relative to the main house or other units.

The new law restricts cities from requiring fire sprinkler systems, on-site parking, or setbacks greater than five feet for ADUs. Cities also cannot prohibit either short-term or long-term rentals of ADUs; however, Scottsdale requires that if an ADU is used as a vacation or short-term rental, the owner must live on site. Homeowner association rules may impose stricter requirements than those set by the city.

A previous law, HB2720, passed in 2024, limited where ADUs could be built near airports. The new legislation reduces those restricted areas, expanding locations in Scottsdale where ADUs may now be constructed. Some parts of Scottsdale fall within the operating areas of Phoenix Sky Harbor International Airport and Scottsdale Airport.

If Scottsdale had not amended its zoning code to comply with the state law, ADUs would have been allowed on all residential lots without restrictions.

So far, only one formal application for an ADU has been submitted in Scottsdale.

For further details, residents can visit ScottsdaleAZ.gov and search for “ADUs.”



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