City · Arizona

ADU rules in Tempe

5 sources

These are the primary sources for accessory dwelling unit regulations in Tempe: the city's own zoning code, planning department pages, and permit guides. Start here before talking to anyone: the rules below are what your permit reviewer will apply.

Rules at a glance

Detached (backyard) ADU
Allowed

One attached and one detached ADU are allowed on any lot under one acre that contains a single-family dwelling, in every residential district. On a lot of one acre or more, one additional ADU (a third unit) is allowed if at least one ADU on the lot is a deed-restricted affordable unit.

ZDC Section 3-402(B), (C)(1)
Attached or internal ADU
Allowed

One attached ADU is allowed per lot alongside one detached ADU, in all residential districts where the property contains a single-family dwelling. An existing guest quarters counts toward the one attached or one detached allowance.

ZDC Section 3-402(B), (C)(1), (D)(3)
Maximum size
1,000 sq ft of interior habitable area or 75% of the main residence's gross floor area, whichever is less; on lots of 1 acre or more, 2,000 sq ft or 75% of the main residence, whichever is less

Gross floor area means interior habitable area, excluding garages, carports, and exterior storage. An ADU capped at 1,000 sq ft may have at most three bedrooms; there is no bedroom limit on lots of one acre or more. A guest quarters converted to an ADU may exceed the size cap.

ZDC Section 3-402(C)(2), (C)(4), (D)(3)(B)
Owner occupancy
Not required

Tempe's ADU section imposes no owner-occupancy requirement for building an ADU or renting either unit long term. The one exception is short-term or vacation rental: under City Code Section 16A-213(k) (as amended by Ord. O2026.01, adopted January 8, 2026), the owner of a short-term or vacation rental must live on the property if it contains an ADU whose certificate of occupancy, certificate of completion, or similar final approval was issued on or after September 14, 2024; ADUs finalized on or before September 13, 2024 are exempt. The city's ADU FAQ still gives the older December 20, 2024 cutoff, but the code text governs.

ZDC Section 3-402(E)(1); Tempe City Code Section 16A-213(k)
Extra parking
None; no additional vehicle parking is required for an ADU

The owner may add parking voluntarily. If ADU construction removes or modifies a required parking space for the main residence, that space must be replaced in a location authorized by the Community Development Director.

ZDC Section 3-402(C)(3)
Approval process
Permitted use

ADUs are a permissible use in all residential districts when the property contains a single-family dwelling, approved through a standard building permit and subject to building, fire, and health codes. Exception: a two-story ADU next to a single-story house needs a discretionary Use Permit under ZDC Section 3-420, which the Board of Adjustment confirmed on December 17, 2025 when it overturned a zoning administrator opinion that no Use Permit was needed (case PL250363, 6-1 vote); Ord. O2026.23 (June 4, 2026) exempts properties whose house is already two stories. The city also runs a Standard Plan Library of pre-reviewed detached ADU plans that owners can license and submit for a building permit.

ZDC Sections 3-402(B), 3-420(B), (C)(4); Board of Adjustment case PL250363 (12-17-2025)
Rental restrictions
ADU may be rented or leased independently of the main residence; short-term and vacation rental is allowed with a city short-term rental license (City Code Chapter 16A, Article X), and the owner must live on the property when it contains an ADU finalized on or after September 14, 2024; the ADU cannot be split onto its own lot or sold separately

A third ADU on a lot of one acre or more must be deed-restricted affordable, rented only to households at or below 80% of area median income, with annual compliance reports to the city. Short-term rentals also need neighbor notification, an emergency contact, and liability insurance under the licensing article.

ZDC Section 3-402(A)(2), (E), (G); Tempe City Code Sections 16A-213, 16A-216, 16A-218
The fine print: 6 caveats that can change the picture
  • Size, bedroom, and unit-count allowances scale with lot size: lots of one acre or more get a 2,000 sq ft cap, no bedroom limit, and a possible third ADU if one unit is deed-restricted affordable (rented at or below 80% AMI with annual reporting).
  • A two-story ADU on a property with a single-story house requires a discretionary Use Permit (ZDC Section 3-420, per the Board of Adjustment's December 17, 2025 decision); single-story ADUs are approved by building permit alone, and a single-story detached ADU taller than 15 feet does not need a Use Permit (Board of Adjustment, July 23, 2025).
  • ADUs are allowed only on properties containing a single-family dwelling, though this applies in all residential districts including multi-family zones; in multi-family districts an ADU expanded beyond the size cap converts the property to multi-family standards. Townhouses built under the Middle Housing Opt-In Overlay (ZDC Section 5-805(D), effective January 1, 2026) are not eligible for ADUs.
  • Setbacks (5 ft rear, side, and street side minimum), height, and lot coverage defer to the underlying district standards in Sections 4-202, 3-401, and 3-420, so envelope limits vary by zone.
  • Existing guest quarters count against the one-attached-plus-one-detached ADU allowance; converting guest quarters to an ADU terminates any rental-restriction covenant.
  • Section 3-402(A)(1) states that A.R.S. 9-461.18 controls over any conflicting local provision.

Summarized from Tempe's ordinance text, read September 2026; every row links the code section it came from. Rules often vary by zone and lot, so treat this as orientation, not a permit determination, and confirm with the planning department before you commit to a design.

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ADU regulations

Short-term rental rules

Planning to rent your ADU on Airbnb or VRBO? Tempe regulates short-term rentals separately; check these before counting on nightly rental income.

Arizona statewide law also applies

Arizona sets baseline ADU rights at the state level. Where local rules are stricter than state law allows, state law usually wins, so both are worth reading.

See Arizona statewide rules

Spotted something outdated?

Zoning codes change. If a link is dead or Tempe has updated its ordinance, report it and we'll verify against the official source.

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