Editor’s Update (February 5, 2025):
Recent state legislation (House Bill 2720, ARS 9-461.18) has introduced new requirements for accessory dwelling units. Property owners should verify current regulations and obtain required approvals from their city/town planning department before starting any construction or modifications.
The Apache Junction Planning and Zoning Commission has recommended approval of changes to the city’s accessory dwelling unit (ADU) regulations, aligning local zoning requirements with Arizona House Bill 2720. The commission voted in favor of text amendment case P-24-83-AM during their October 8 meeting, with the changes aimed at complying with new state regulations before the January 1, 2025 deadline.
The amendments come as state law mandates significant changes to how Arizona municipalities regulate ADUs, commonly known as “granny flats” or “casitas.” During the meeting, City Attorney Stern noted that the bill was “poorly written” and had generated “considerable debate.” While Apache Junction’s population exempts it from certain requirements that apply to cities with more than 75,000 residents, the city must still comply with core provisions of the law.
Planning Intern Kaufman clarified during the meeting that Section B of House Bill 2720 applies to all municipalities regardless of size, requiring Apache Junction to modify its existing ADU regulations. These changes include:
- Allowing long-term rentals (defined as leases of 90 days or longer or month-to-month arrangements)
- Removing requirements for family or employment relationships between property owners and ADU occupants
- Limiting side and rear setbacks to no more than 5 feet
- Converting design requirements to recommendations rather than regulations
- Ensuring ADU regulations are not more restrictive than those for single-family homes in the same zone
- Maintaining size restrictions of 1,000 square feet or 75% of the main dwelling’s square footage, whichever is less
The stakes are high for timely adoption of these changes. Section F of both HB2720 and ARS 9-461.18, which states “If a municipality fails to adopt development regulations as required by this section on or before January 1, 2025, accessory dwelling units shall be allowed on all lots or parcels zoned for residential use in the municipality without limits.”
During the public hearing, residents voiced concerns about potential negative impacts. Charlie Harold, drawing from his experience in Burbank, California, warned about increased crime and parking issues. Another resident, Annemarie Renkie, advocated for careful infrastructure planning stating it sounded like they are bringing ideas from California to Apache Junction. She further stated that growth should be slow and methodical and we need to be careful and have infrastructure in place and be forward thinking. However, Vice Chair Robin Barker emphasized the city’s obligation to comply with state law, while Commissioner Richard Cantwell referred to it as “extremely bad legislation.”
The recommended changes will now proceed to the Apache Junction City Council for final approval as the city works to meet the January 2025 deadline.
