Smithville planners begin review of accessory dwelling unit rules; staff favors conditional permits initially

Smithville planning staff and commissioners spent the meeting’s second major discussion item reviewing research on accessory dwelling units (ADUs) and identifying options the city could adopt, including limits on detached ADUs, parking requirements, owner-occupancy rules, and fire-separation standards.

Will Stubbs, the staff researcher who prepared a slide deck and regional summaries, told commissioners he had “done way too much research in the past 6 months” as he walked through examples from the Mid-America Regional Council and other Kansas City–area ordinances. Will and staff highlighted common choices: whether ADUs are allowed by right or require approvals, whether detached ADUs are permitted, size limits (typical ranges cited were roughly 400–1,200 square feet), owner-occupancy requirements, and whether short-term rentals should be allowed.

Staff concerns and enforcement: City staff and building inspectors discussed enforcement limits if ADUs were allowed broadly. Jim, a city building inspector, noted that interior ADUs typically share a single utility service line and meter, while detached ADUs raise questions about separate meters and utility connections. Will and Jack noted that off-street parking and first-responder access are common regulatory concerns; Chief Klein told commissioners he was more comfortable with a larger fire separation and said “20 feet might be better” than the five-foot minimum separation in building code for habitable detached structures.

Process options: Staff recommended using conditional-use permits (CUPs) or special-use permits as an initial approach so the city can set specific conditions (owner occupancy, deed restrictions, parking, utility connections, and setbacks) and revoke approval if conditions are violated. Staff said many jurisdictions start with CUPs and later adopt by-right rules once the city has practical experience and enforcement frameworks. Commissioners asked about HOAs; staff said private covenants are separate and would still control whether an HOA allows ADUs.

What commissioners asked: Commissioners raised questions about stormwater and lot-coverage limits (Smithville’s current R‑district lot coverage is 30 percent), whether engineer-stamped plans should be required for detached ADUs, and whether to require deed restrictions or periodic affidavits to document owner occupancy. Staff suggested requiring engineered plans for detached new dwellings while allowing basement or interior conversions with standard plan reviews.

Next steps: Staff asked commissioners to send research notes or examples to Will and Jack by April 1 so staff can compile a draft ordinance and options for the commission’s April meeting. No regulatory changes were proposed or voted on at this meeting.