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Commission requires ADU allowances to meet new state law, narrows proposed Old Town exception
Summary
The commission approved a land use code amendment to allow accessory dwelling units (ADUs) in compliance with recent state law, removed a proposed automatic expansion for Old Town, and directed further outreach before considering separate Old Town provisions.
The Timnath Planning Commission adopted a land use code amendment to implement state requirements for accessory dwelling units (ADUs) and approved the amendment on a 5-0 vote while striking language that would have given Old Town expanded ADU allowances.
Staff said the state passed legislation effective June 20 that requires jurisdictions with at least 1,000 residents to allow detached ADUs within specified size ranges and to permit administrative review. Logan (staff) told the commission the town’s proposed changes are intended to comply with the state law while tailoring some details; staff recommended allowance of ADUs across single-family lots and added nuanced size thresholds tied to lot size.
Under the commission-approved language, ADUs are permitted where single-family detached dwellings are allowed (including some Old Town districts), and the town removed an initially proposed clause that would have allowed multiple ADUs in R‑1 and B (Old Town) zones pending additional outreach. The commission directed staff to return with additional outreach or a separate amendment before implementing any multiple-ADU allowance specific to Old Town.
Key code features adopted include a minimum ADU floor area of 400 square feet, a maximum of 850 square feet for ADUs on lots 10,000 square feet or smaller, and up to 1,000 square feet for ADUs on lots 10,000 square feet or larger (detached or attached); internal conversions may be as large as the principal building footprint. Staff also removed prior local requirements for owner occupancy and for an additional required parking space, to align with state restrictions. Logan said roughly one quarter of Timnath lots (about 1,351) are larger than 10,000 square feet and thus could qualify for the larger ADU size allowance.
Commissioners discussed notification for neighbors, concerns about parking and infrastructure capacity, and the administrative approval process. Some commissioners recommended additional outreach to Old Town residents before allowing multiple ADUs in that area. Commissioner Tom Wood suggested notifying adjacent neighbors even though the state-mandated administrative approval narrows the town’s discretion to deny a compliant ADU.
A motion to approve the ADU land use code amendment with the R‑1/B Old Town exception removed carried on a 5-0 vote. Staff will proceed with the updated code language and will perform further outreach on any future Old Town-specific changes.
