Phoenix City Council approves ordinance allowing backyard casitas

Sourced By: AZ Family 

“By an eight to one vote, it is now much easier to build a casita at your home in Phoenix,” said Phoenix Mayor Kate Gallego on Wednesday. The City Council passed an ordinance on Wednesday afternoon that allows people to build accessory dwelling units (ADUs) or casitas on their property with a permit. Supporters are hoping that letting homeowners build a separate, smaller living space on their property will help tackle the city’s housing crisis. “Legalizing ADUs is one way to create quick and affordable housing options, especially for our young people and our older residents in my district. Many families live with their older relatives,” said Councilwoman Betty Guardado, who represents District 5.

Here is the list of regulations:

• One ADU per single-family detached lot may be constructed.
• A detached ADU may be located within the required rear yard and may not exceed 15 feet in height unless use permit approval is granted.
• An attached ADU may project into the rear yard if the same side yard setbacks as the primary dwelling unit are maintained, and a maximum height of 15 feet is provided.
• An attached ADU which meets all required standard setbacks may be constructed to the full height permitted by the zoning district.
• An ADU must comply with lot coverage requirements for the lot, though most have been increased.
• For up to lots 10,000 square feet in area, the maximum size of the ADU is 1,000 square feet.
• For lots over 10,000 square feet in area, the maximum size of the ADU is 3,000 square feet, or 10% of the net lot area, whichever is less.
• But in no case may an ADU exceed 75% of the gross floor area of the primary dwelling unit.

The city tells Arizona’s Family that the property’s primary owner must live in the main house or the casita, and if they use the home as a rental, both living spaces cannot be rented separately.

During Wednesday’s public comment, most of the people speaking were in favor of the City Council passing this motion. Those against it or unsure brought up issues of parking and how the rules banning casitas as short-term rentals will be enforced. Councilman Jim Waring, representing District 2, was the only member to vote against it. He said enforcement will be difficult and thinks it may add to the city’s current short-term rental problem. “I wish we were addressing the short-term rental issue. I just can’t add to that problem those staffers having been taking those calls for me in District 2, so I am going to vote no,” said Waring.

Gallego says they will bring up parking concerns in a future Transportation Committee meeting. The topic of short-term rentals is expected to be brought up during the Sept. 20 City Council meeting.