The Maricopa County Planning and Zoning Commission voted 9-0 on Oct. 23 to recommend that the Board of Supervisors adopt an ordinance updating county rules for accessory dwelling units (ADUs) and short-term rentals to comply with recent Arizona state legislation.

County planning staff said the ordinance creates a new definition of an ADU, permits at least one attached ADU by right on parcels zoned for single-family residences of 1 acre or less, and allows detached ADUs subject to size and setback standards. For parcels of 1 acre or larger, staff said the ordinance must also allow a second detached ADU; that second unit must be restricted to households earning up to 80% of area median income and will be subject to a deed restriction tied to the parcel.

Staff described short-term rentals as single-family dwellings (or ADUs) leased without signage for 30 consecutive days or fewer to individuals other than registered sex offenders. The draft ordinance allows no more than one ADU on a parcel to be used as a short-term rental, requires the owner of the short-term rental ADU to reside on the property, and prohibits short-term rentals used for events, public assemblies, retail food service or commercial enterprises.

Commissioners asked about enforcement and monitoring of affordability deed restrictions, driveway access and parking, size calculations for the 1,000-square-foot limit, and how the rule applies when homeowners build a new primary dwelling and reassign the original home as an ADU. Staff said deed restrictions must be recorded and provided prior to final inspection; complaints would be handled through documentation requests. Staff said the 1,000-square-foot cap excludes uncovered patios and that both attached and detached ADUs are subject to the same size limits, which are drawn from the state legislation.

Staff corrected an earlier scheduling statement and said the Board of Supervisors will consider the ordinance at its Nov. 19 meeting. The commission’s recommendation to the board passed by a 9-0 roll-call vote after a motion from Commissioner Whitney and a second from Commissioner Layton; all nine commissioners present voted yes.

Staff said the ordinance is on an emergency schedule in order to meet the state deadline for adopting standards by the end of the year. The transcript records questions and clarifications from several commissioners about driveway ingress/egress limitations, off-street parking, and how deed restrictions will be tied to parcel APNs; staff responses were limited to the county’s administrative approach to permitting and complaint-based enforcement.