Planning staff asks to initiate LDC update to ADU definition tied to state law

Planning staff asked the Planning Commission to initiate Z2507, a text amendment to the Land Development Code to update the town’s definition of “habitable” and related ADU provisions to conform with recently adopted state law.

Ashley (staff member) said state legislation (referred to in the presentation as House Bill 2722) required municipalities to adopt regulations allowing accessory dwelling units by Jan. 1, 2025, and that Gilbert adopted implementing regulations quickly in response. As staff began implementing the ADU rules, they found a conflict between the state statute’s definition of gross floor area for an ADU — which references the “interior habitable area of the single‑family dwelling unit” and a state limit that an ADU be up to 75% of the single‑family dwelling gross floor area — and Gilbert’s existing locally adopted definition of “habitable,” which had been pulled from the building code and excludes bathrooms, closets, hallways and utility spaces.

“At this time we don’t have 1 proposed [definition] for you…when we come back for the public hearing we’ll obviously have a definition,” Ashley said. Staff asked the commission to initiate the amendment and conduct citizen review. The commission checked for public comment; none was offered. Commissioners instructed staff to proceed; staff will return with draft language for a public hearing and subsequent Town Council consideration.