Tempe, AZ –  Residents are invited to offer feedback on the city’s proposed Accessory Dwelling Units (ADUs) ordinance at the City Council first public hearing Tuesday, Oct. 1 at 6 p.m. in City Council chambers.

A second hearing will be held on Nov. 21, with the ordinance becoming effective Dec. 21 upon passage.

In addition to attending public hearings, residents can fill out a comment card online. Review the draft ordinance, watch a presentation and provide comment at tempe.gov/ADU.

Tempe is set to update its zoning code regulations for ADUs following the May passage of House Bill 2720, which requires municipalities with populations of 75,000 or more to adopt regulations by Jan. 1, 2025 that permit ADUs on all lots where single-family dwellings are allowed.

ADUs, smaller rentable units on the same lot as a single-family home, have been allowed in Tempe since 2019.  Prior to the passage of HB 2720, Tempe City Council had directed city staff to begin researching a potential update to the city’s ADU regulations. Since passage of the bill, the city has adapted its proposal to meet state requirements.

Key points in HB2720

• ADU location: ADUs are allowed on all lots where single family use is allowed.

• ADU size: Maximum ADU size of 1,000 sq. ft. or 75% of the main dwelling's gross floor area, whichever is less. In addition, the City of Tempe will identify the maximum ADU size of  2,000 sq. ft. or 75% of the main residence for sites 1 acre or more in size.

• Parking requirements: City cannot ask for any additional parking requirements for ADUs.
• Short-term rentals: Banning ADUs as short-term rentals is prohibited. The City of Tempe is proposing to require on-site residency of the owner when renting an ADU for short-term rental.

State requirements included in draft ordinance

• ADU allowances: One attached and one detached ADU allowed in single-family dwelling areas. An additional ADU is permitted on lots of 1 acre or more as a restricted-affordable unit for households earning 80% or less of the AMI.
• State restrictions: Prohibit requiring familial relationship between occupants, mandating ADUs to match the exterior design of the main dwelling, requiring public street improvements for ADU approval and more.
• Limitations: No stricter requirements than for single-family dwellings regarding elements such as height and setbacks. Rear or side setbacks must not exceed 5 feet from the property line. Prohibits restrictive covenants on ADUs.

Tempe-specific requirements

• Modifications and construction: ADUs in multi-family districts must conform to livable area standards or multi-family development standards. Replacement of parking for the main residence is required if removed due to ADU construction. ADUs can have no more than two bedrooms if 1,000 sq. ft. or less, must have unique and visible addresses and provide necessary emergency access.
• Service connections and facilities: ADUs must have connections to services such as water per city standards, and provide sleeping, sanitation and cooking facilities. Guest quarters are allowed under the ADU provisions and there are opportunities to convert an existing guest quarters into an ADU with the proper permits. 

Feedback

City staff began initial research for potential updates to ADU regulations in late 2023. Since then, the city has held six public meetings and two online surveys to gather input. Results were presented at the June 20 City Council Work Study Session, noting the adoption of HB2720.

Residents can provide feedback on the draft ADU ordinance through Nov. 21. In addition to commenting online at tempe.gov/ADU, residents may also request a paper copy, phone survey, one-on-one meeting or special meeting accommodations by calling 480-350-8234. Find City Council agendas for the upcoming public hearings when available, and how to provide comments, at tempe.gov/clerk.

Media contact: Susie Steckner, susie_steckner@tempe.gov or 480-604-6128.