SB1110 - 571R - I Ver (2025)

Be it enacted by the Legislature of the State of Arizona:

Section1. Section 9-461.18, Arizona RevisedStatutes, is amended to read:

9-461.18. Accessory dwelling units; regulation; applicability; definitions

A. A municipality with a population of more thanseventy-five thousand persons shall adopt regulations that allow on anylot or parcel where a single-family dwelling is allowed all of thefollowing:

1. At least one attached and one detached accessorydwelling unit as a permitted use.

2. A minimum of one additional detached accessorydwelling unit as a permitted use on a lot or parcel that is one acre or more insize if at least one accessory dwelling unit on the lot or parcel is arestricted-affordable dwelling unit.

3. An accessory dwelling unit that is seventy-fivepercent of the gross floor area of the single-family dwelling on the same lotor parcel or one thousand square feet, whichever is less.

B. A municipality may not do any of the following:

1. Prohibit the use or advertisement of either thesingle-family dwelling or any accessory dwelling unit located on the same lotor parcel as separately leased long-term rental housing ifthe owner of the property resides on the property.

2. Require a familial, marital, employment or otherpreexisting relationship between the owner or occupant of a single-familydwelling and the occupant of an accessory dwelling unit located on the same lotor parcel.

3. Require that a lot or parcel have additionalparking to accommodate an accessory dwelling unit or require payment of feesinstead of additional parking.

4. Require that an accessory dwelling unit match theexterior design, roof pitch or finishing materials of the single-familydwelling that is located on the same lot as the accessory dwelling unit.

5. Set restrictions for accessory dwelling unitsthat are more restrictive than those for single-family dwellings withinthe same zoning area with regard to height, setbacks, lot size or coverage orbuilding frontage.

6. Set rear or side setbacks for accessory dwellingunits that are more than five feet from the property line.

7. Require improvements to public streets as acondition of allowing an accessory dwelling unit, except as necessary toreconstruct or repair a public street that is disturbed as a result of theconstruction of the accessory dwelling unit.

8. Require a restrictive covenant concerning anaccessory dwelling unit on a lot or parcel zoned for residential use by asingle-family dwelling.

C. This section does not prohibit restrictivecovenants concerning accessory dwelling units entered into between privateparties. The municipality may not condition a permit, license or useof an accessory dwelling unit on adopting or implementing a restrictivecovenant between private parties.

D. This section does not supersede applicablebuilding codes, fire codes or public health and safety regulations, except that a municipality may not require an accessory dwelling unitto comply with a commercial building code or contain a fire sprinkler.

E. An accessory dwelling unit may not be built ontop of a current or planned public utility easement unless the property ownerreceives written consent from any utility that is currently using the publicutility easement or that may use the public utility easement in the future.

F. If a municipality fails to adopt developmentregulations as required by this section on or before January 1, 2025, accessorydwelling units shall be allowed on all lots or parcels zoned for residentialuse in the municipality without limits.

G. This section does not apply to lots or parcelsthat are located on tribal land, on land in the territory in the vicinity of amilitary airport or ancillary military facility as defined in section 28-8461,on land in the territory in the vicinity of a federal aviation administrationcommercially licensed airport or a general aviation airport or on land in theterritory in the vicinity of a public airport as defined in section 28-8486.

H. For the purposes of this section:

1. "Accessory dwelling unit" means aself-contained living unit that is on the same lot or parcel as a single-familydwelling of greater square footage than the accessory dwelling unit, thatincludes its own sleeping and sanitation facilities and that may include itsown kitchen facilities.

2. "Gross floor area" means the interiorhabitable area of a single-family dwelling or an accessory dwelling unit.

3. "Long-term rental" means rentaluse in which the tenant holds a lease of ninety days or longer or on amonth-by-month basis.

4. "Municipality" means a city or townthat exercises zoning powers under this title.

5. "Permitted use" means the ability for adevelopment to be approved without requiring a public hearing, variance,conditional use permit, special permit or special exception, other than adiscretionary zoning action to determination determine that a site plan conforms with applicable zoningregulations.

6. "Restricted-affordabledwelling unit" means a dwelling unit that, either through a deedrestriction or a development agreement with the municipality, shallbe is rented to households earning up to eightypercent of area median income.

SB1110 - 571R - I Ver (2025)

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