Tempe Inclusionary Zoning Rules for New Housing

Land Use and Zoning Arizona 4 Minutes Read ยท published February 20, 2026 Flag of Arizona

In Tempe, Arizona, local policies affecting affordable-housing requirements for new residential development are administered by the City of Tempe Community Development Department and implemented through applicable zoning and land-use rules. Developers and applicants should review the city housing program materials and the Tempe municipal code to confirm whether a citywide inclusionary zoning percentage applies to a specific project or zoning district.[1] Where a formal inclusionary zoning ordinance exists it will appear in the city code or in adopted Council policies; if no citywide mandatory percent is in the code, affordability requirements may instead appear as incentives, negotiated agreements, or federal/state program conditions.[2]

Check the City of Tempe Community Development contact page for current program details.

Overview of Inclusionary Approaches in Tempe

Tempe uses multiple tools to support affordable housing, including incentives, density bonuses, and city-administered affordable housing programs. The city has housing programs and developer resources that explain incentives, funding, and partnership options for producing affordable units.

  • City housing program and developer guidance are maintained by the Community Development Department and Housing Division.
  • Affordable-housing incentives may include fee reductions, expedited review, or density increases rather than a uniform mandatory set-aside percent.
  • Inclusionary requirements, where applied, can be project-specific via development agreements or zoning overlays.

Penalties & Enforcement

Enforcement of any inclusionary requirement or affordable-housing condition in Tempe is conducted through the authority that imposes the requirement (for example, Community Development, Development Services, or a recorded development agreement). Specific monetary fines, escalation, and schedules for noncompliance are not listed on the cited city pages and are therefore not specified on the cited page.[2]

  • Fine amounts: not specified on the cited page.
  • Escalation (first/repeat/continuing offences): not specified on the cited page.
  • Non-monetary sanctions: enforcing remedies may include compliance orders, requirements to deliver agreed units, permit holds, or referral to legal action as provided in development agreements or code sections.
  • Enforcer and complaints: City of Tempe Community Development and Development Services are the primary contacts for compliance and enforcement; contact the Community Development Department for inspection requests, compliance review, or to report noncompliance.[1]
  • Appeal/review routes and time limits: appeals or administrative review provisions depend on the controlling instrument (municipal code section or recorded agreement) and are not specified on the cited page.
  • Defences/discretion: defences or relief (for example variances, waivers, or alternative compliance) are typically available only if provided in the ordinance, agreement, or through an official approval process.
If the municipal code does not set a percent, look for project agreements or incentives that set affordability terms.

Applications & Forms

There is no single, published inclusionary-zoning application form listed on the cited Tempe pages; specific affordable-housing provisions frequently appear in development applications, development agreements, or as conditions in permit approvals, and those instruments have associated application processes.[2]

  • Common required submissions: affordable-housing plan, unit mix and income targeting, deed-restriction drafts, and recorded agreements when required by condition.
  • Fees: project review and permit fees follow the city's fee schedule; specific additional administrative fees for monitoring affordability are not specified on the cited page.
  • Deadlines: timing for providing units or executing agreements depends on the approval terms or development agreement.
Applicants should contact Community Development early to confirm required submissions and conditions.

How inclusionary terms commonly appear in approvals

In Tempe, affordability obligations can be included via several mechanisms rather than a single citywide inclusionary zoning ordinance. These mechanisms include development agreements, zoning overlays, affordable housing incentive programs, and conditions of approval tied to funding or federal/state programs.

  • Development agreements may record the number, percent, and timing of affordable units to be delivered.
  • Zoning overlays or specific plan areas can set local requirements or incentives for affordable housing.
  • Incentive programs may offer reductions or bonuses tied to voluntary affordable-unit delivery.

FAQ

Does Tempe have a mandatory inclusionary zoning percentage for all new housing?
No; the city code and housing program pages do not list a single mandatory citywide percent, and any specific percent or requirement will be found in applicable code sections, development agreements, or Council-adopted policies.[2]
Where can I find the official rules or code language if a requirement applies?
Check the City of Tempe municipal code and Community Development Department materials, and request project-specific conditions from staff when you submit a pre-application or development application.[2]
Who enforces inclusionary or affordability conditions in Tempe?
Enforcement is managed by the department that imposed the condition (typically Community Development or Development Services) and by the city attorney for breaches of recorded agreements; contact Community Development for complaints and enforcement inquiries.[1]

How-To

  1. Confirm project zoning and any overlay or specific plan requirements by consulting the Tempe municipal code and Planning staff.
  2. Request a pre-application meeting with Community Development to identify affordability conditions, incentives, or potential development-agreement needs.
  3. If affordability obligations apply, prepare an affordable-housing plan showing unit counts, income targeting, deed restrictions, and monitoring proposals.
  4. Submit required documents with your development application and pay applicable review fees per the city fee schedule.
  5. Execute any required development agreement or recorded instrument prior to issuance of final permits, and follow monitoring and reporting obligations after occupancy.

Key Takeaways

  • Tempe uses multiple tools for affordable housing; a citywide mandatory percent is not published on the cited pages.
  • Contact Community Development early to clarify obligations and required forms.

Help and Support / Resources

  1. [1] City of Tempe - Housing and Community Development
  2. [2] City of Tempe Municipal Code (Municode)

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