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Gilbert outlines changes after state’s House Bill 2720 limits local ADU rules

Gilbert Town Council · December 17, 2024

Summary

Planning staff told the council House Bill 2720 restricts local control over accessory dwelling units (ADUs) — allowing ADUs on smaller lots and limiting local requirements for architecture, setbacks and parking for units under defined sizes; council adopted the related agenda item and noted these are state mandates.

The Gilbert Town Council heard a staff presentation Dec. 17 on state-level changes to accessory dwelling unit (ADU) rules under House Bill 2720 and approved the town’s regulatory adjustments to align with the law.

Planning manager Ava Koutro told the council the state bill expands where ADUs are allowed — including smaller single-family lots — and constrains local requirements for ADUs up to 1,000 square feet or 75% of the primary dwelling’s size. For ADUs larger than 1,000 square feet, local standards such as use permits and matching architecture may still apply, Koutro said. The new law also restricts the town’s ability to require an extra onsite parking space for smaller ADUs and allows reduced rear and side setbacks for those units.

Council members repeatedly emphasized that these changes are state-directed and that Gilbert has limited discretion to override the law. After a brief public presentation and council discussion, the council voted to approve the related agenda item implementing the required adjustments (motion passed 6-0). Staff said the town will communicate changes to the public and noted implications for neighborhood notification procedures where use permits remain allowed for larger ADUs.

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