The city of Scottsdale has officially backed down in its battle with the state over new accessory dwelling unit (ADU) legislation—commonly known as the “casitas law.”
Key Points:
- State vs. Local Control: Scottsdale attempted to sidestep HB2928 by using airport proximity to exclude most of the city from ADU eligibility. State lawmakers responded by nullifying the workaround.
- New Reality: As of September 30, the city council amended local zoning to comply with state law, allowing homeowners to build one attached and one detached ADU per lot, plus a third on lots over one acre.
- Size & Safety Limits: ADUs are capped at 75% of the main home’s size or 1,000 sq. ft. (whichever is smaller). Cities can’t require fire sprinklers, extra parking, or large setbacks.
- Community Reaction: Scottsdale officials and residents fear a surge in short-term rentals. Councilmembers warned this law could erode neighborhood character and overwhelm local standards.
- HOAs as the Last Line: Homeowners associations may still restrict ADUs under their own covenants—potentially limiting development in much of the city.
Bottom Line:
The state has clearly asserted its authority on housing flexibility. While Scottsdale leaders lament the loss of control, the new law opens opportunities for property owners to add rental units—though HOA rules and costs will remain barriers.