Permitting, Zoning, or Statutory Basis
In Scottsdale, Arizona, landlords must comply with local zoning regulations when converting residential properties into accessory dwelling units (ADUs) or duplexes. The primary statutory basis for these regulations is the Scottsdale Zoning Ordinance (SZO), which governs land use and development within the city.
ADU Regulations
To convert a residential property into an ADU, landlords must obtain a Building Permit from the City of Scottsdale. This process involves submitting an application and providing documentation that demonstrates compliance with zoning requirements, including the maximum allowable height for ADUs and adherence to setback distances from property lines.
Important Note: Landlords must also ensure that the ADU does not exceed 50% of the total floor area of the primary residence. This requirement is outlined in Section 15.2.4 of the SZO.
Duplex Conversion Regulations
Converting a single-family home into a duplex requires obtaining both a Building Permit and a Conditional Use Permit from the City of Scottsdale. The Conditional Use Permit is necessary because duplex conversions are considered a special use under the SZO.
Key Requirements:
- Building Permit: The application must include detailed plans and specifications for the proposed conversion, including floor plans, elevations, and structural details.
- Conditional Use Permit: This permit is required if the proposed conversion would significantly impact the neighborhood or require special conditions. The application must demonstrate that the conversion is in the public interest and will not cause undue hardship or disruption.
Important Note: Landlords must also ensure that the total floor area of the converted units does not exceed 10,000 square feet. This requirement is outlined in Section 15.2.4 of the SZO.
Off-Street Parking Requirements
Off-street parking is required for all residential units in Scottsdale, including ADUs and duplexes. The minimum number of parking spaces required is determined by the size of the primary residence and any additional units.
Key Requirements:
- Primary Residence: The minimum number of parking spaces required for the primary residence is two (2). This requirement is outlined in Section 15.3.4 of the SZO.
- ADU: The minimum number of parking spaces required for an ADU is one (1). This requirement is outlined in Section 15.3.4 of the SZO.
- Duplex: The minimum number of parking spaces required for a duplex is three (3). This requirement is outlined in Section 15.3.4 of the SZO.
Important Note: Landlords must ensure that all parking spaces are accessible to residents and guests. This includes providing clear signage, maintaining the integrity of parking areas, and ensuring that no parking spaces are obstructed or reserved for non-residents.
Lease Clauses, Notice Periods, and Timing Requirements
When leasing an ADU or duplex in Scottsdale, landlords must include specific clauses in the lease agreement to ensure compliance with zoning regulations and address potential disputes.
Lease Clauses
Zoning Compliance Clause: The lease agreement should include a clause that confirms the landlord’s compliance with all zoning regulations, including obtaining necessary permits and ensuring adherence to parking requirements.
Notice Period Clause: The lease agreement should include a clause that outlines the notice period for any changes to zoning regulations or requirements. This clause should specify how much time landlords have to comply with any new regulations and what happens if they fail to do so.
Parking Compliance Clause: The lease agreement should include a clause that confirms the tenant’s compliance with off-street parking requirements. This clause should specify how many parking spaces are required and what happens if the tenant fails to provide or maintain the necessary parking spaces.
Timing Requirements
Landlords must ensure that all lease agreements are executed within a reasonable time frame to avoid any delays in obtaining necessary permits or complying with zoning regulations.
Important Note: Landlords must also ensure that all lease agreements are executed in accordance with the City of Scottsdale’s leasing regulations. This includes providing tenants with a copy of the lease agreement, disclosing any material facts about the property, and ensuring that the lease agreement is signed by both parties.
Defensible Record-Keeping & Compliance Checklist
To ensure compliance with zoning regulations and avoid any legal disputes, landlords must maintain a defensible record-keeping system. This includes keeping copies of all lease agreements, permits, and other documentation related to the property.
Defensible Record-Keeping
Lease Agreements: Landlords must maintain copies of all lease agreements, including any amendments or modifications. These documents should be kept in a secure location and made available to tenants upon request.
Permits: Landlords must maintain copies of all permits, including Building Permits and Conditional Use Permits. These documents should be kept in a secure location and made available to tenants upon request.
Documentation: Landlords must maintain copies of all other documentation related to the property, including any reports or inspections. These documents should be kept in a secure location and made available to tenants upon request.
Compliance Checklist
Zoning Compliance: Landlords must ensure that all zoning regulations are adhered to, including obtaining necessary permits and ensuring adherence to parking requirements.
Notice Period Compliance: Landlords must ensure that all notice periods are adhered to, including providing tenants with adequate time to comply with any changes to zoning regulations.
Parking Compliance: Landlords must ensure that all off-street parking requirements are adhered to, including providing the required number of parking spaces and maintaining their integrity.
Important Note: Landlords must also ensure that all records are maintained in accordance with the City of Scottsdale’s record-keeping regulations. This includes keeping copies of all records in a secure location and making them available to tenants upon request.
Conclusion
Landlords in Scottsdale must adhere to specific zoning regulations when converting residential properties into accessory dwelling units (ADUs) or duplexes. This includes obtaining necessary permits, ensuring compliance with parking requirements, and maintaining a defensible record-keeping system. By following the guidelines outlined in this guide, landlords can ensure that their properties are compliant with zoning regulations and avoid any legal disputes.