Signed by Governor Katie Hobbs

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that requires cities with a population of more than 75,000 people to allow accessory dwelling units, or casitas, on properties zoned for single-family homes in Arizona.

Highlights:

• Requires municipalities of more than 75,000 residents to allow single-family dwellings to have the following, including (Sec. 9-461.18):

• At least 1 attached and 1 detached accessory dwelling unit;

• At least 1 additional detached accessory dwelling unit if at least one unit or parcel is a restricted-affordable dwelling unit; and 

• An accessory dwelling unit that is at least the lesser of 75% of the floor area or parcel of 1,000 square feet.

• Prohibits municipalities from doing the following, including: (Sec. 9-461.18)

• Prohibit the use or advertisement of single-family dwellings or any accessory dwelling unit as separately leased long-term rental housing;

• Require a relationship between the owner or occupant of a single-family dwelling and the occupant of the accessory dwelling unit;

• Require additional parking to accommodate an accessory dwelling unit;

• Require an accessory dwelling unit to match the exterior design, roof pitch, or finishing materials of the single-family dwelling;

• Set restrictions for accessory dwelling units that are stricter than those of single-family dwellings;

• Set rear or side setbacks for accessory dwelling units that are more than 5 feet from the property line;

• Require the public street to be improved before allowing an accessory dwelling unit; and

• Require a restrictive covenant for an accessory dwelling unit.

• Prohibits accessory dwelling units from being built on top of a current or planned public utility easement unless the owner receives consent from the utility (Sec. 9-461.18).

• Exempts parcels located on tribal land, in the territory of a military airport or ancillary military facility, or in the vicinity of an airport from this section (Sec. 9-461.18).

• Establishes an effective date of January 1, 2025. (Sec. 9-461.18).

• Authorizes a city or town to require the owner of a vacation rental or short-term rental to be on the property if it contains an accessory dwelling unit that was constructed on or after the amendment to this section goes into effect (Sec. 9-500.39).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that requires cities with a population of more than 75,000 people to allow accessory dwelling units, or casitas, on properties zoned for single-family homes in Arizona.

Highlights:

• Requires municipalities of more than 75,000 residents to allow single-family dwellings to have the following, including (Sec. 9-461.18):

• At least 1 attached and 1 detached accessory dwelling unit;

• At least 1 additional detached accessory dwelling unit if at least one unit or parcel is a restricted-affordable dwelling unit; and 

• An accessory dwelling unit that is at least the lesser of 75% of the floor area or parcel of 1,000 square feet.

• Prohibits municipalities from doing the following, including: (Sec. 9-461.18)

• Prohibit the use or advertisement of single-family dwellings or any accessory dwelling unit as separately leased long-term rental housing;

• Require a relationship between the owner or occupant of a single-family dwelling and the occupant of the accessory dwelling unit;

• Require additional parking to accommodate an accessory dwelling unit;

• Require an accessory dwelling unit to match the exterior design, roof pitch, or finishing materials of the single-family dwelling;

• Set restrictions for accessory dwelling units that are stricter than those of single-family dwellings;

• Set rear or side setbacks for accessory dwelling units that are more than 5 feet from the property line;

• Require the public street to be improved before allowing an accessory dwelling unit; and

• Require a restrictive covenant for an accessory dwelling unit.

• Prohibits accessory dwelling units from being built on top of a current or planned public utility easement unless the owner receives consent from the utility (Sec. 9-461.18).

• Exempts parcels located on tribal land, in the territory of a military airport or ancillary military facility, or in the vicinity of an airport from this section (Sec. 9-461.18).

• Establishes an effective date of January 1, 2025. (Sec. 9-461.18).

• Authorizes a city or town to require the owner of a vacation rental or short-term rental to be on the property if it contains an accessory dwelling unit that was constructed on or after the amendment to this section goes into effect (Sec. 9-500.39).

Full Bill Text