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Commission debate focuses on ADUs: enforcement, design and limits discussed
Summary
Accessory dwelling units (ADUs) were a recurring subject at the May 25 continuation. Public commenters urged clarity and permissive design rules; village attorney and staff explained enforcement limits for a non-home-rule municipality and how ADUs would be reviewed and enforced via building permits and complaint-driven code enforcement.
Accessory dwelling units emerged as a focused topic during the May 25 continuation of Westmont’s zoning overhaul public hearing, with residents urging clear permitting and commissioners seeking assurances about enforcement and design standards.
Why this matters: ADUs can expand housing options, enable ‘aging in place’ and add rental income for homeowners, but they also raise questions about parking, building safety, nuisance enforcement and whether the village can regulate tenants or rental terms.
What was said
Resident Kyle DeSpenza told the commission he supports ADUs in principle but raised concerns about downtown parking and asked who would regulate ADUs and whether living space above garages would be allowed: "I think a lot of people would be interested in that, but who's gonna regulate who lives there?" DeSpenza said.
Village Attorney (unnamed) explained legal limits on village authority: "ADUs are difficult to regulate in general when you're a non home rule community. Those we don't have the rights to regulate who can rent and who can be rented to as a nonhome rule community," the attorney said. The attorney added that regulation in Westmont would focus on building form, location and nuisance provisions; enforcement would generally be complaint-driven through code enforcement, and ADUs would be processed through building permits and inspections.
Senior Planner Scott Williams reiterated that ADUs proposed in the draft would be allowed on lots containing a single detached principal dwelling unit and that building and fire code requirements (plumbing, egress, structural support) would apply. Williams said retrofitting existing detached garages to carry an ADU is often costly and structurally difficult; new construction is more likely to meet code.
Public suggestions and staff response
- Design flexibility and permit streamlining: Resident Brian Shuring urged an express permitting pathway for early adopters and suggested increasing the allowable ADU roof height to 20–22 feet for greater design options on narrow lots; he recommended the village make early approvals easier to encourage take-up.
- Enforcement approach: Staff and the village attorney said ADU oversight would rely on building-permit review at installation and on existing nuisance and code enforcement tools after occupancy. Because Westmont is not home-rule, the village cannot prescribe tenant-selection rules or impose rental limits.
Ending
Commissioners and staff agreed to keep ADU rules in the draft while clarifying enforcement mechanisms, permit processes and numerical limits before the next hearing. Staff said these clarifications will be returned in a revised draft for the June 11 continuation.
