Gilbert, AZ Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Separate rental allowed
- Yes: no owner-occupancy requirement
- Applies to
- Both standard and Use Permit-tier ADUs
- Minimum lease term
- None specified in this section
- Underlying condition
- ADU must meet §5.2.3 size/count standards first
Summary
Gilbert's Land Development Code states directly that an accessory dwelling unit may be rented or leased separately from the principal dwelling: there is no owner-occupancy requirement or minimum-tenancy rule in this section, and the allowance is repeated for the larger, permit-tier ADUs as well.
f. Separate renting or leasing of ADUs from the principal dwelling is permitted.
5. Exterior Design
The exterior design of the Accessory Dwelling Unit shall comply with the following standards, but the exterior design is not required to match the exterior design of the Singe-Family Dwelling on the same lot or parcel.
a. Elevations shall include articulation of the front elevation as well as the rear and sides on two story structures.
b. All elevations facing public view on shall be architecturally treated.
c. Elevations that abut a public street or open space shall contain interesting and diverse architectural accents and style elements.
d. Architectural details on the front elevation shall extend to the sides to meet the
Revised February 23, 2023 Chapter 1 Section 5.2 Site Regulations Page 4 Town of Gilbert Land Development Code
perimeter wall or any architectural projection.
e. All entryways shall be well lit.
f. Building elevations shall be enhanced by stepping building massing horizontally and vertically, recessing windows, and/or providing popouts around windows.
g. Roof-mounted mechanical equipment is prohibited. Screen ground mounted mechanical equipment from public view by a minimum four (4) foot high screen wall.
Full Breakdown
3(4), the Design and Use Standards for accessory dwelling units include a direct statement on tenancy: separate renting or leasing of ADUs from the principal dwelling is permitted. 3(B)(3)(a) states that rentals of Accessory Dwelling Units are permitted for units over 1,000 square feet as well. Neither provision imposes an owner-occupancy requirement on the primary home, a minimum lease term, or a cap on how the ADU may be leased once it is built to LDC standards. 3(3)-(4) before it can be occupied or rented, and a unit built beyond the permitted count or size remains a zoning violation regardless of whether it is rented.
3 is a land-use zoning statement about the type of dwelling unit itself; it is distinct from, and does not by itself satisfy, any separate short-term rental registration or licensing requirements that apply if the unit is marketed for stays under 30 days.
Violations & Fines
Renting a properly permitted ADU separately from the primary dwelling is not itself a violation under Section 5.2.3(4)(f); however, renting out an ADU that exceeds the lot's permitted unit count, size cap, or that was built without the Administrative Use Permit required for units over 1,000 square feet remains a zoning violation regardless of the rental allowance.
Frequently Asked Questions
Can I rent my Gilbert ADU to someone other than family?
Does the rental allowance apply to the larger, permit-required ADUs too?
Is there a minimum lease length for a Gilbert ADU?
Sources & Official References
Other rules in Gilbert
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