ORDINANCE NO. 2961 AN ORDINANCE OF THE COMMON COUNCIL OF THE TOWN OF GILBERT, ARIZONA, AMENDING THE LAND DEVELOPMENT CODE OF GILBERT, ARIZONA, CHAPTER 1 ZONING REGULATIONS, SECTION 2.0 TERMS, TO MODIFY THE DEFINITION OF “HABITABLE”; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. WHEREAS, the Town Council has considered the probable impact of the proposed ordinance on the cost to construct housing for sale or rent. WHEREAS the Town of Gilbert has solicited and received public input regarding the proposed amendment to the Land Development Code through notice and public hearing as required by law; and WHEREAS Common Council of the Town of Gilbert has received a recommendation from the Town of Gilbert Planning Commission regarding the proposed Land Development Code text amendment; and WHEREAS, the Town Council has determined that the proposed amendment will provide clarity to the code, and it is in the best interest of the public health, safety and general welfare of the Town to adopt the proposed amendments; NOW THEREFORE, BE IT ORDAINED by the Common Council of the Town of Gilbert, Arizona, as follows: Section I. In General. Chapter 1 Zoning Regulations, Section 2.0 Terms, is hereby amended to read as follows (additions in ALL CAPS; deletions in strikeout): Habitable Space. A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable space. Habitable space is not the same as livable space. HABITABLE SPACE. A SPACE IN A BUILDING USED FOR PURPOSES INCLUDING LIVING, WORKING, SLEEPING, SANITATION, EATING, COOKING, CONDITIONED STORAGE, RECREATION, OR ANY COMBINATION OF THE ABOVE. SPACE USED ONLY FOR STORAGE OR PARKING IS NOT HABITABLE SPACE. Section II. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed. Section III. Providing for Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section IV. Providing for Penalties Any person found responsible for violating the provisions set forth in this ordinance shall be subject to the civil sanctions and habitual offender provisions set forth in Sections 6.12.6 and 6.12.7 of the Town of Gilbert Land Development Code. Each day a violation continues, or the failure to perform any act or duty required by this zoning ordinance, the Zoning Code or by the Town of Gilbert Municipal Court continues, shall constitute a separate civil offense. PASSED AND ADOPTED by the Common Council of the Town of Gilbert, Arizona, this 9th day of September, 2025, by the following vote: AYES: Anderson, Bongiovanni, Buchli, Koprowski, Lyons, Torgeson NAYS: _____ ABSENT: Buckland EXCUSED: ____ ABSTAINED: _____ APPROVED this 9th day of September, 2025. Scott Anderson, Mayor ATTEST: Chaveli Herrera, Town Clerk APPROVED AS TO FORM: Christopher W. Payne, Town Attorney I, CHAVELI HERRERA, TOWN CLERK, DO HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ORDINANCE NO. 2961 ADOPTED BY THE COMMON COUNCIL OF THE TOWN OF GILBERT ON THE 9TH DAY OF SEPTEMBER, 2025, WAS POSTED IN ONE PLACE ON THE 10th DAY OF September, 2025. Chaveli Herrera, Town Clerk Pub: Sept 18, 25, 2025