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Commission clarifies ADU rules: internal ADUs on nonconforming lots require conditional use permit
Summary
Commission staff clarified that under the town’s adopted accessory dwelling unit (ADU) rules, internal ADUs on lots with primary dwellings that are legal nonconforming uses must secure a conditional use permit; detached ADUs are prohibited on nonconforming lots. Planning staff said applicants must apply for conditional use permits and the land-use
A public speaker asked the commission to clarify provisions in the town’s adopted ADU section (cited as section 7.a.4), asking whether accessory dwelling units are allowed on lots that are legal nonconforming primary-dwelling lots.
Planning staff confirmed the code language: internal (attached) ADUs on lots with a primary dwelling that are legal nonconforming uses are treated as conditional uses and require a conditional use permit; detached (external) ADUs are prohibited on lots with legal nonconforming primary dwellings. Staff explained that the land-use authority may impose conditions (for example, parking or external access) when granting a conditional use permit and that an applicant must submit a conditional-use application for review.
The public participant and staff discussed how many town lots are nonconforming and whether those lots could practically support an ADU; staff said most town lots are constrained but an applicant may apply and the land-use authority will set permit parameters or deny the request if concerns cannot be mitigated.
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