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Coconino staff to seek ordinance change to allow more ADUs; staff recommends deed restriction on second detached unit on lots over 1 acre
Summary
County staff said Sept. 24 they will bring a zoning-ordinance amendment to allow additional accessory dwelling units (ADUs) to comply with state law; staff recommends requiring the second detached ADU on parcels over one acre be deed-restricted as affordable housing (rented to households at ≤80% AMI, capped at 30% of renter income).
Coconino County staff told the Planning and Zoning Commission on Sept. 24 that state law now allows more accessory dwelling units and the county must amend its zoning ordinance to comply.
Jess McNeely, community development staff, summarized the draft approach and said staff's recommendation — reflected in a draft that will appear in the commission's October 29 public hearing packet — is to permit one attached and one detached ADU on lots under one acre, and up to two detached ADUs plus one attached ADU on lots over one acre, with the second detached ADU subject to an affordable-housing deed restriction.
McNeely said the deed restriction, as drafted, would require rental to households earning 80% or less of area median income and rent limited to 30% of the renter's gross income. Staff acknowledged the deed-restriction option would increase workload because the county and Health & Human Services would need to income-certify tenants and track recorded deed restrictions.
Commissioners asked for clarity in the draft about which changes are required by state law and which are discretionary actions by the county; McNeely agreed to present a version that separates statutory-required text from county choices. Commissioners also suggested practical changes: partnering with Flagstaff to avoid duplicate administration, offering preapproved model ADU plans that could include utilities such as washer/dryer outlets, and assuring simple permitting for off-grid, solar-powered ADUs.
McNeely told the commission staff can adopt a stricter approach now and roll back any element later if it creates a “chilling effect” on housing — "you can always relax later but you can't tighten it later," he said — and that most commissioners at the meeting signaled support for including the deed restriction as a county option. The ordinance amendment will return on the Oct. 29 public hearing agenda with a draft ordinance and a strike/underline view of the proposed code changes.
If adopted, the change would alter the number and type of legally permitted ADUs in the county and add an enforcement/reporting role for county staff and Health & Human Services when deed restrictions apply.
