County staff to bring ADU zoning changes to October hearing; staff recommends deed restriction for second detached ADU on lots over 1 acre

County staff told the Planning and Zoning Commission on Sept. 24 they will present a zoning ordinance amendment on Oct. 29 to implement recent state law changes expanding the number of accessory dwelling units (ADUs) allowed per lot.

Jess McNeely said state law now allows one attached and one detached ADU on lots under one acre and, on lots over one acre, up to two detached ADUs plus one attached ADU. Staff highlighted a pending policy question: whether the second detached ADU on parcels over one acre should be required to be deed-restricted as affordable housing (affordable to households earning up to 80% of area median income, capped at 30% of household gross rent).

McNeely said staff's recommendation is to require the deed restriction for the second detached ADU, noting the county could later relax the rule if it proved counterproductive. Commissioners raised the workload and enforcement burden: verifying household incomes would require county partnership with Health and Human Services and recording deed restrictions in title records. Several commissioners warned a deed-restriction requirement could chill ADU production; others said it aligns with the comprehensive plan and helps prevent second ADUs from becoming short-term rentals.

Staff confirmed a strike-and-underline draft ordinance and supporting packet will be published in the Oct. 29 hearing materials. Vice Chair Wilson asked staff to clearly differentiate which changes are required by state law and which are discretionary county policy in the draft packet. McNeely said staff will provide that delineation.