In a move to align with state legislation, the Scottsdale City Council has updated its zoning ordinance to include specifications for Accessory Dwelling Units (ADUs), as reported by the city on their official website. The amendment comes on the heels of the state law HB2928 being passed, expanding the options for homeowners to construct ADUs on their residential property.
Whereas Scottsdale was initially against the state's proposal, fearing its impacts on neighborhoods and the transfer of regulatory control, the new law mandates the existence of at least one attached and one detached ADU on single-family lots, with an additional detached ADU permissible on properties over one acre if it's designed for affordable housing, resistance eventually fell to compliance, the need to abide by state law overcoming local reticence. The city has placed emphasis on controlling the scale of these ADUs in an effort to mitigate community concerns regarding utilities and infrastructure, such as water supply and sewer capacities, these guidelines adhering to state stipulations on the proportional size of ADUs to their primary residences.
According to the updated city ordinance, Scottsdale now limits the requirements it can impose, such as mandating fire sprinkler systems or more than 5 feet of setbacks, to stay in accord with state law, restrictions are also in place preventing the local government from dictating the rental terms of ADUs. That said, homeowners are obliged, under Scottsdale regulations, to reside on the property if the ADU is being used for vacation or short-term rental services.
Despite the leeway granted to homeowners by state and city laws, local homeowner association guidelines may enforce stricter rules, the city's adaptation of its zoning policies was a preemptive measure to avoid the state-legislated free reign of ADU construction without local oversight, this would have allowed a universal allowance for ADUs without specified limits, ushering in a potentially unplanned alteration of community landscapes. Since the amendment, Scottsdale has logged just one formal application for an ADU, a number which belies the lengthy and passionate debates that preceded the final legislative changes.
Residents interested in learning more about the specifics of the ordinance or with intentions of applying for an ADU can find comprehensive information on the Scottsdale city council website.
