Council asks attorney to draft ordinance clarifying 'common wall' for internal ADUs

Hooper City Council discussed clarifying the municipal definition of a “common wall” for internal accessory dwelling units (ADUs) and directed the city attorney to draft an ordinance for future review.

City Planner Malcolm Jenkins reviewed the existing code language used to define a secondary attached dwelling, noting repeated public questions about whether features such as breezeways, hallways or mudrooms constitute a shared or “common” wall. Jenkins said staff had seen two or three cases in the past year that required administrative interpretation.

Jenkins told the council he interpreted a “common wall” to mean walls where living spaces exist on both sides, not merely a passageway or a garage wall. “Both sides would have to be living space,” Jenkins said.

Council members and the new city attorney, Darren Curtis, agreed that the ambiguity warranted clarification. Curtis said he would research how other cities define the term and prepare draft ordinance language. Jenkins said the city’s building inspector and planning staff would also provide input so the definition aligns with building-code practice.

No vote was taken; the council previously directed staff at a work meeting to have an ordinance drafted and the attorney will return a draft for council consideration at a future meeting.