Gilbert processes ADU permits through Development Services. Arizona HB 2720 (signed May 2024, effective January 1, 2025) preempts most local ADU restrictions in cities over 75,000 residents and codifies ADU rules at ARS 9-461.18. Gilbert (population over 280,000) must allow at least one attached and one detached ADU per single-family lot by right.
Gilbert's Land Development Code historically required a Use Permit for casitas on lots 6,000 square feet and up, plus one additional off-street parking space. Arizona HB 2720 (Chapter 220, 2024 Session) preempted those discretionary requirements effective January 1, 2025. Under the new ARS 9-461.18, Gilbert must process ADUs as a permitted use by right (no Use Permit hearing), allow at least one attached and one detached ADU per single-family parcel, permit a third detached ADU on lots one acre or larger when one is designated affordable, and cap rear and side setbacks at no more than 5 feet from the property line. Applications file through Gilbert's online permitting portal with a site plan, floor plans, structural calculations, energy compliance, and utility plans. Plan review for a residential ADU typically takes 10-20 business days through Development Services.
Building an ADU without permit triggers stop-work orders, double permit fees, and civil penalties under Gilbert's Land Development Code enforcement provisions. Continued violations face escalating daily fines and potential misdemeanor charges. Liens may be filed on the property to recover unpaid penalties and fees.
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