Laws
April 19, 2024

ADU Laws and Regulations in Scottsdale - 2024

Zoe Harper
Marketing

Overview of ADU Laws in Scottsdale

In Scottsdale, Arizona, Accessory Dwelling Units (ADUs) are governed by both local ordinances and state laws. ADUs, which may include structures like guest houses or detached garages, are subject to specific zoning regulations within the city.

The construction of ADUs in Scottsdale is primarily permitted in single-family zoning districts, such as R1-190 and R1-43. These districts outline the conditions and standards for ADUs, which are regarded as accessory structures. It's critical for homeowners to ensure that the main building's construction is ongoing or completed before embarking on the erection of an ADU.

Local Ordinances in Scottsdale stipulate a variety of requirements for ADUs, which may include but are not limited to:

  • Setbacks from property lines
  • Lot coverage limits
  • Maximum height restrictions
  • Architectural compatibility with the primary dwelling

For those interested in the development of an ADU on their property, they should note that Scottsdale’s regulations may also dictate the process for utility connections and could impose limitations on the usage of such units, such as restrictions on short-term rental usage.

Homeowners looking to add an ADU to their property need to conduct a detailed review of the City of Scottsdale's ADU regulations to ensure compliance. Adherence to these guidelines is essential for the legal and smooth integration of an ADU into their property.

Zoning Districts and ADU Regulations in Scottsdale

In Scottsdale, ADU regulations are tailored to specific zoning districts, which determine the types of ADUs permitted. These regulations aim to maintain the character of neighborhoods while accommodating growth.

Zoning District Requirements

Zoning districts in Scottsdale have clear definitions on land use, and this extends to the incorporation of Accessory Dwelling Units (ADUs). Specifically, the Foothills Overlay (F-O) zoning district is designed to preserve the rural desert character in low-density lands within the city. For single-family residential zones, such as the R1-190 and R1-43 districts, zoning regulations typically require the construction of the main building to be underway before any accessory building construction can occur, reflecting a careful approach to residential expansion.

Permitted ADU Types

Scottsdale's regulations distinguish between several types of ADUs, including detached and attached units. Detached ADUs are stand-alone structures, whereas attached ADUs are connected to the primary residence. The City of Scottsdale recognizes the need for diverse residential uses, thereby allowing both types of ADUs in accordance with Arizona ADU laws. Zoning reform efforts are ongoing to provide clear guidance for the development of ADUs, ensuring they harmonize with the existing neighborhood fabric while offering an increase in housing options.

Understanding ADU Size, Density, and Occupancy in Scottsdale

When considering the addition of an Accessory Dwelling Unit (ADU) in Scottsdale, understanding the specific regulations around size, the number of occupants allowed, and owner-occupancy mandates are crucial. These rules can affect both the feasibility and design of potential ADUs, whether they are detached or attached to a primary residence.

Size Restrictions for ADUs

The city of Scottsdale prescribes maximum size restrictions for ADUs to maintain community character within single-family zoning areas. For detached ADUs, the size limit is typically smaller than that of the main residence, often capped at a certain square footage that is proportional to the primary dwelling unit's size. Similarly, attached ADUs must adhere to size constraints, ensuring they remain secondary to the main living space.

Density and Number of Occupants

Density regulations in Scottsdale are intended to prevent overcrowding and preserve the character of residential neighborhoods. They dictate the number of dwelling units allowed on a single lot. For instance, within triplex and duplex residential zones, the density rules will differ from those in areas zoned exclusively for single-family dwellings. Occupancy limits are also established, often based on the number of bedrooms, to control the number of people residing in an ADU.

Owner-Occupancy Requirements

Scottsdale's regulations may include an owner-occupancy requirement, which mandates that one of the dwelling units, either the primary home or the ADU, must be owner-occupied. This rule is established to maintain the owner's continuous oversight of the property and is especially relevant in areas where there is a mix of rental and owner-occupied homes. The presence of the owner on-site is seen as a way to ensure the maintenance and community integration of the ADU.

ADU Design and Development Standards in Scottsdale

Accessory Dwelling Units (ADUs) in Scottsdale must comply with various design and development standards to ensure they are safe, functional, and integrate with existing structures and the neighborhood.

Setback and Dimension Regulations

ADUs in Scottsdale are subject to specific setback and dimension regulations to maintain consistent community aesthetics and privacy. For detached ADUs, the setback requirement from property lines depends on the lot's zoning but typically involves a minimum distance that the structure must maintain from the boundaries of the property. Dimensions of ADUs are regulated to avoid overcrowding; typically, a detached ADU must not exceed half of the livable square footage of the main dwelling on the same lot. Learn more about these regulations from the City of Scottsdale's guidelines on Sheds, Detached Garages, Guest House, etc.

Parking and Access Requirements

In Scottsdale, ADUs must adhere to parking and access requirements. Each ADU generally needs to provide additional off-street parking spaces, which must be illustrated in the site plans. Access to the ADU should not interfere with the main dwelling and must be connected to an alley or street, ensuring a clear path for occupants and emergency services.

Fire Safety and Building Codes

All ADUs must conform to strict fire safety standards and building codes. This includes proper egress points, smoke detectors, and adherence to fire-resistant construction practices. The fire code requirements often mean that a detached ADU could require a dedicated fire sprinkler system. ADUs, whether attached or detached, must comply with Scottsdale's comprehensive building codes, which dictate the minimum standards for construction to safeguard health, property, and public welfare.

Permitting Process and Fees in Scottsdale

Applicants seeking to develop an Accessory Dwelling Unit (ADU) in Scottsdale must navigate a series of established procedures that entail rigorous ordinance compliance, assessment of impact fees, and a detail-oriented application process. This is to ensure safety standards and community guidelines are adhered to.

Navigating the Permit Application

The initial step in Scottsdale’s ADU development journey involves submitting a comprehensive permit application. Applicants can find the relevant forms and fee structures on the City of Scottsdale's Application, Permit and Water Development Fees page. It is critical to meticulously compile all required documentation, as omissions can lead to delays in the approval process. Applicants are encouraged to seek help from the city council’s planning office if they encounter any uncertainties during this stage.

Assessing Utilities and Impact Fees

Once the application is underway, attention must shift to evaluating utilities and impact fees. These are costs associated with the connection to city utilities and the potential impact the ADU might have on community infrastructure. Impact fees are determined based on the scope of the project and can vary significantly; for precision, applicants should refer to Scottsdale’s own schedules and guidelines for the current fee estimates.

Ordinance Compliance and Approval

The final hurdle entails a thorough review process to confirm ordinance compliance. The City Council scrutinizes proposals to ensure alignment with local subdivision requirements and safety regulations. Given that Scottsdale’s ordinances can be complex, compliance is an area where proper understanding of the local laws—such as those governing the construction of sheds, detached garages, and guesthouses—is essential for gaining approval. Further information can be reviewed on the City of Scottsdale - Sheds, Detached Garages, Guest House, etc. page. Successful navigation of this stage results in the acquisition of the final permit, which authorizes the commencement of construction.

Housing Challenges and ADU Benefits in Scottsdale

Scottsdale faces significant challenges related to housing supply and affordability. Accessory Dwelling Units (ADUs) present an opportunity to alleviate these issues while supplementing the local housing market.

Addressing the Housing Shortage with ADUs

In Scottsdale, the growth in population has outpaced the availability of homes, leading to a noticeable housing shortage. ADUs offer a practical solution by allowing homeowners to convert existing spaces or build new structures on their property. This increase in supply can help meet the demand for housing without altering the character of established neighborhoods.

Promoting Affordable Housing Options

ADUs are generally smaller in size, which translates into lower construction and maintenance costs. As a more affordable housing option, these units can be rented out at rates that are attainable for a larger segment of the population, including low to median-income families, thus contributing to a more inclusive community.

Impact of ADUs on Local Housing Market

The incorporation of ADUs into the local housing strategy has the potential to alter the market dynamics positively. By providing additional rental units, ADUs help in moderating rental prices, increasing the overall housing supply, and contributing to economic diversity. Their role in stabilizing the housing market can be quite significant, especially in areas like Scottsdale where the demand for housing continues to rise.

Miscellaneous ADU Topics in Scottsdale

In Scottsdale, the intricacies of managing accessory dwelling units (ADUs) stretch beyond mere construction. Homeowners must navigate short-term rental guidelines, transform existing structures appropriately, and consider the pulse of ADU trends in various cities.

Short-Term Rental Considerations

When a homeowner in Scottsdale contemplates using their ADU, often termed guest houses or casitas, as a short-term rental, they must align with the city’s regulations. Scottsdale’s zoning ordinance stipulates that short-term rentals, like those listed on Airbnb, must adhere to specific rules designed to preserve the character of residential neighborhoods. It is crucial that these rentals do not become nuisances to the community, and they are subjected to taxation akin to traditional accommodation establishments.

Converting Existing Structures to ADUs

ADUs in Scottsdale can emerge from the conversion of existing structures, such as detached garages or guest quarters. Before proceeding with the conversion, owners should verify alignment with local building codes, ensuring that the structure is safe and habitable. The City of Scottsdale provides clear guidelines on these types of conversions, dictating that the primary residence must be under construction prior to or concurrent with the ADU.

Trends and Comparisons with Other Cities

Scottsdale's approach to ADUs mirrors a growing trend seen in cities like Portland, Oregon, and Tucson, where ADUs are increasingly being recognized for their potential to provide affordable housing solutions. However, Scottsdale's stance contrast with more stringent measures seen in places like Flagstaff or Vancouver, where regulations might differ in restrictiveness or incentivization. These comparisons highlight a patchwork of ADU-related policies, reflecting differing municipal priorities and housing market demands.

Frequently Asked Questions

The regulations for constructing accessory dwelling units (ADUs) in Scottsdale are multifaceted, including zoning requirements, permitting processes, and adherence to specific ordinances.

What are the zoning requirements for constructing an ADU in Scottsdale?

In Scottsdale, ADUs must comply with the zoning regulations of the district in which they're built. Typically, ADUs are allowed in single-family residential zones, adhering to the R1-190 and R1-43 district guidelines.

What permits are required to build an accessory dwelling unit in Scottsdale?

Constructing an ADU in Scottsdale necessitates various permits including building, electrical, plumbing, and mechanical permits, depending on the project's complexity.

How does the City of Scottsdale's Hillside Ordinance impact ADU construction?

The Hillside Ordinance may impose restrictions on ADU construction to preserve natural topography and minimize visual impact, ensuring developments are sensitive to the unique desert environment.

What are the landscaping requirements for properties with ADUs in Scottsdale?

Properties with ADUs must adhere to Scottsdale's landscaping standards, which aim to maintain the natural desert appearance by requiring a certain percentage of native plants and limiting turf areas.

What are the setback requirements for accessory buildings in Scottsdale?

Setback requirements for accessory buildings in Scottsdale mandate a minimum distance from property lines, which varies based on zoning districts and the height and size of the structure.

How does Scottsdale's noise ordinance affect living in an ADU?

The noise ordinance in Scottsdale sets decibel limits to reduce disturbances, especially during night hours, which directly impacts residents living in ADUs as they must comply with the same community standards as the main dwelling.

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