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Santa Cruz County adopts ordinance to allow accessory dwelling units under new state law
Summary
The Board approved Ordinance 2025-4 (PZ-25-02), amending zoning and development codes to allow accessory dwelling units (ADUs) consistent with Arizona House Bill 2928; planning staff noted the Planning Commission’s unanimous recommendation and said counties cannot condition ADUs on deed restrictions or extra parking.
The Santa Cruz County Board of Supervisors voted on Dec. 17 to adopt Ordinance 2025-4 (case PZ-25-02), updating Articles 2, 9, 10 and 11 of the county zoning and development code to comply with Arizona House Bill 2928 and a cited Arizona Revised Statute reference.
Planning staff presented the text amendment and a short PowerPoint. Mary (planning staff) told the board the change replaces references to “guest houses” with a defined term “accessory dwelling unit,” allows one attached and one detached ADU per residential property (with additional allowance on parcels of one acre or more), and implements statutory prohibitions on conditioning ADU approval on owner‑occupancy, special relationships between occupants, extra parking requirements, or other restrictions the state removed.
The staff presentation also noted implementation details: the county will update definitions (for example, replacing “manufactured house” with the term “manufactured housing unit”) and will require on‑site wastewater systems to conform with county code and ADEQ rules where county delegation applies. Staff said the Planning and Zoning Commission considered the amendment in November and gave a unanimous recommendation for approval.
During public comment on the ordinance several residents asked for clarity about homeowners’ association (HOA) deed restrictions and how county approval interacts with private covenants. Planning staff acknowledged state law does not supersede private CC&Rs and said the county will update guidance and permitting materials to make that clear to applicants.
Board action: a motion to approve Ordinance 2025-4/PZ-25-02 was made, seconded and passed by voice vote; the clerk recorded the motion as carried unanimously. The ordinance brings county code into conformity with the legislative mandate and instructs staff to proceed with code updates and implementation guidance.
Authorities and references at the hearing included Arizona House Bill 2928 (2025) and the statute cited in the staff presentation (as read at the meeting). The record shows no amendments to the ordinance on the floor; staff will proceed with ministerial code changes and public guidance.
