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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 4028: accessory dwelling units; requirements
Sponsor: Representative Powell, LD 14
Committee on Appropriations
Overview
Modifies regulations pertaining to municipal zoning of accessory dwelling units (ADU).
History
An accessory dwelling unit is a self-contained living unit on the same lot or parcel as a single-family dwelling of greater square footage than the ADU, that includes its own sleeping and sanitation facilities and that might also include its own kitchen facilities.
A municipality with a population greater than 75,000 persons is required to adopt regulations allowing, for any lot where a single-family dwelling is allowed, at least one attached and one detached ADU as a permitted use. Municipalities that fail to adopt development regulations by January 1, 2025, must allow ADUs on all residentially zoned lots or parcels within the municipality without restrictions. A municipality is not allowed to prohibit the use or advertisement of either the single-family dwelling or any ADU located on the same lot, parcel or 1000 square feet, whichever is less. A municipality cannot impose ADU regulations that are more restrictive than those applied to single-family dwellings in the same zoning area with respect to height, setbacks, lot size, coverage or building frontage. (A.R.S. § 9-461.18).
Provisions
1. Revises the size requirement for ADUs by removing the 1,000 square foot limit and retaining the requirement that the unit be 75% of the gross floor area of the single-family dwelling. (Sec. 1)
2. Removes the prohibition on municipalities from setting rear or side setbacks for ADUs more than five feet away from the property line. (Sec. 1)
3. Prohibits a municipality from requiring:
a. an administrative use permit for constructing an ADU;
b. that the ADU unit be located entirely within the space where buildings are allowed as defined by applicable setbacks; and
c. that an ADU's elevation meet applicable municipal elevation criteria. (Sec. 1)
4. Extends, from January 1, 2025 to January 1, 2027, the date by which ADUs must be allowed on all residential lots or parcels in a municipality that fails to adopt development regulations as required by the act. (Sec. 1)
5. Makes technical and conforming changes. (Sec. 1)
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9. Initials DS HB 4028
10. 2/20/2026 Page 0 Appropriations
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