The purpose of this article is to establish regulations that comply with state law regarding the construction of an accessory dwelling unit on a lot or parcel where the zoning allows a single-family dwelling. To the extent any provision in this article conflicts with state law or A.R.S. § 9-461.18, the state law shall control.

(Ord. No. 2025-43, § 1(Exh. A), 12-17-24)

For the purpose of this article, the following definitions apply:

Accessory dwelling unit has the definition found in A.R.S. § 9-461-18(H)(1), as it may be amended.

Deed restriction means the restriction document recorded against the restricted-affordable dwelling unit on the lot to apply the acknowledgment of affordable housing restriction and ensure compliance with this article.

Gross floor area has the definition found in A.R.S. § 9-461.18(H)(2), as it may be amended.

Long-term rental has the definition found in A.R.S. § 9-461.18(H)(3), as it may be amended.

Permitted use has the definition found in A.R.S. § 9-461.18(H)(5), as it may be amended.

Restricted-affordable dwelling unit has the definition found in A.R.S. § 9-461.18(H)(6), as it may be amended.

(Ord. No. 2025-43, § 1(Exh. A), 12-17-24)

A.

Eligibility.

1.

If the city determines that adequate public utility services are provided and the application complies with this article and the city's building codes, fire codes, and public health and safety regulations, the following is a permitted use on a single-family lot or parcel that contains a primary dwelling:

a.

No more than one (1) attached accessory dwelling unit and one (1) detached accessory dwelling unit if the single-family dwelling lot is less than one (1) acre;

b.

No more than one (1) attached accessory dwelling unit and one (1) detached accessory dwelling unit if the single-family dwelling lot is one (1) acre or more; or

c.

No more than one (1) attached accessory dwelling unit and two (2) detached accessory dwelling units if the single-family dwelling lot is one (1) acre or more, but only if at least one (1) of the accessory dwelling units is a restricted-affordable dwelling unit.

2.

For the purpose of eligibility under this section, an accessory dwelling unit shall not exceed the lesser of:

a.

Seventy-five (75) percent of the gross floor area of the existing single-family dwelling on the same lot or parcel; or

b.

One thousand (1,000) square feet.

3.

For the purpose of eligibility under this section, the single-family lot or parcel shall not be located on:

a.

Tribal land;

b.

Land in the territory in the vicinity of a military airport or ancillary military facility as defined in A.R.S. § 28-8461;

c.

Land in the territory in the vicinity of a general aviation airport; or

d.

Land in the territory in the vicinity of a public airport as defined in A.R.S. § 28-8486.

B.

Appeals. If an application for a proposed accessory dwelling unit is denied or deemed to not be a permitted use, the applicant can appeal the decision before the board of adjustment pursuant to Section 2-302.

(Ord. No. 2025-43, § 1(Exh. A), 12-17-24)

A.

Eligibility. Except as provided in state law, this article, or the city's building codes, fire codes, and public health and safety regulations, an accessory dwelling unit that is proposed on the same lot or parcel as a single-family dwelling of greater square footage and includes its own sleeping and sanitation facilities is eligible for the following deviations from the zoning regulations:

1.

Location. The accessory dwelling unit may be constructed where the zoning allows for a single-family dwelling on the lot or parcel. An accessory dwelling unit is not permitted on the same lot or parcel as a duplex or other multiple-family development.

2.

Building frontage. The accessory dwelling unit is subject to the same building frontage requirements that apply to a single-family dwelling on the same lot or parcel.

3.

Setbacks. The accessory dwelling unit is subject to the same setback requirements that apply to a single-family dwelling on the same lot or parcel except that:

a.

The rear setback for the accessory dwelling unit shall be no less than five (5) feet from the property line.

b.

The side setbacks for the accessory dwelling unit shall be no less than five (5) feet from the property line.

c.

The front setback for the accessory dwelling unit shall be no less than those permitted for the single-family dwelling on the same lot.

4.

Lot coverage. The accessory dwelling unit is subject to the same lot coverage regulations that apply to a single-family dwelling on the same lot or parcel, as outlined in Chapter 106 Article II, Residential Zoning Districts.

5.

Height. The accessory dwelling unit is subject to the same height restrictions that apply to a single-family dwelling on the same lot or parcel, as outlined in Chapter 106 Article II, Residential Zoning Districts.

6.

Parking and access. No additional parking space or in lieu parking fee shall be required to accommodate the accessory dwelling unit.

B.

Utility conflicts. The accessory dwelling unit shall not encroach upon an existing or planned public utility easement unless the property owner obtains written consent from each easement holder and each affected utility.

C.

Other requirements. The accessory dwelling unit must comply with all other City Code requirements unless otherwise approved by use permit or variance.

D.

Exception. This section does not apply to any lot or parcel within tribal land, on land in the territory in the vicinity of a military airport or ancillary military facility as defined in A.R.S. § 28-8461, on land in the territory in the vicinity of a federal aviation administration commercially licensed airport or a general aviation airport or on land in the territory in the vicinity of a public airport as defined in A.R.S. § 28-8486.

(Ord. No. 2025-43, § 1(Exh. A), 12-17-24)

A.

Applicability. This section governs ministerial review of applications for accessory dwelling unit s under this chapter.

B.

Ministerial review. Applications for the following types of accessory dwelling unit s shall be approved ministerially by the community development director pursuant to the procedures of this section without a public hearing, variance, conditional use permit, special permit or special exception.

C.

Permit requirement. The applicant shall obtain a building permit prior to the construction of any accessory dwelling unit.

D.

Procedure for review.

1.

Administrative completeness review time frame. For each residential zoning application, the community development director shall designate a staff member to review the application. The designated city staff member shall determine whether the application is administratively complete within thirty (30) days after receiving the application. If the application is deemed incomplete, the staff member will provide the applicant with a written notice that includes a comprehensive list of the specific deficiencies. Upon issuance of the written notice, the administrative completeness review time frame and overall time frame contained in this section are suspended until the staff member receives the resubmitted application. The staff member shall have fifteen (15) days to review the resubmitted application and determine whether every deficiency has been resolved for administrative completeness.

2.

Substantive review. After determining that the application is administratively complete, the community development director or designee shall review the application to determine whether it meets the requirements of this article. Unless an administrative adjustment is granted by the community development director pursuant to Section 102-4.6 excusing noncompliance that would otherwise require denial of the application, the community development director or designee shall deny an application for an accessory dwelling unit if the requirements of this article have not been satisfied.

E.

Right to appeal. The applicant may appeal the decision of the community development director in accordance with Section 102-2. The appeal shall be limited to a consideration of whether the objective criteria in article have been met.

(Ord. No. 2025-43, § 1(Exh. A), 12-17-24)

(A)

Deed restriction.

1.

The owner of a proposed restricted-affordable dwelling unit that is subject to this chapter must execute and deliver an original recorded copy of a development agreement with the city or a deed restriction on the city's standard form prior to issuance of a building permit for the construction of the proposed restricted-affordable dwelling unit on the lot or parcel.

2.

The deed restriction shall be recorded by the owner of the lot burdened thereby in the property records of the Maricopa county recorder's office and remain a covenant and restriction running with the property for a minimum period of thirty (30) years.

3.

The restricted-affordable dwelling unit shall be constructed in accordance with the city's adopted building and fire codes and the conditions and restrictions set forth in the deed restriction and any applicable development agreement between the developer/owner and the city.

B.

Affordability. The rent of the restricted-affordable dwelling unit shall not exceed the maximum rents established according to the United States Department of Housing and Urban Development (HUD). The restricted-affordable dwelling unit shall not be rented to any entity.

C.

Occupancy requirement.

1.

When the restricted-affordable dwelling unit becomes vacant, the owner shall promptly make it available and actively market said unit for lease to another qualified occupant in accordance with the deed restriction or development agreement and any rental guidelines adopted by the city.

2.

In the event the income status of the occupant of the restricted-affordable dwelling unit is altered so as to no longer meet the qualifications of this section, said occupant shall be permitted to reside in the unit under the same terms and conditions of the unit lease, except that no extension of the lease term shall be granted.

3.

The restricted-affordable dwelling unit is subject to Section 106-10.23 of the City Code regarding home-based occupations.

[D.

Reserved.]

E.

Reporting requirement. The owner of restricted-affordable dwelling unit shall provide an annual report and proof to the city to demonstrate compliance with the rental requirements set forth in this section. The annual report shall be submitted to the community development director or designee by January 30 of each year and shall cover the entire twelve (12) month period of the preceding calendar year. Said report shall contain, at a minimum:

1.

The period(s) the restricted-affordable dwelling unit was rented and the status by which its occupant(s) qualified under the deed restriction;

2.

The monthly rental price; and

3.

The taxes, special assessments, and homeowners' association and management fees, and any other fees or charges, including common utilities, assessed to each unit.

(Ord. No. 2025-43, § 1(Exh. A), 12-17-24)