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Council questions state-mandated ADU size language during second reading of ordinance
Summary
During a second reading of a state-mandated accessory dwelling unit ordinance, Clinton council members questioned wording that appears to allow ADUs larger than the primary residence; city attorney agreed to seek clarification from legislators if necessary.
On Sept. 23 the Clinton City Council considered the second reading of an ordinance adopting state-mandated accessory dwelling unit (ADU) provisions into city code. Council members asked the city attorney whether the language — limiting ADUs to a maximum of 1,000 square feet or 50% of the primary residence, "whichever is larger" — could allow an ADU to be larger than the primary residence.
Councilmember Sealy asked for interpretation of the clause, noting that if a primary residence were 800 square feet the phrasing would permit a 1,000-square-foot ADU. The city attorney confirmed the language was taken directly from state code and that the council could not alter that mandated text. The attorney offered to contact the legislators who sponsored the state law if the council wanted clarification of legislative intent.
Why it matters
Accessory dwelling unit rules affect property owners, renters and neighborhood character by changing what secondary units are allowed on lots where a primary residence stands. The council's questions suggest local uncertainty about how state-prescribed wording will operate in practice, particularly for smaller houses.
Discussion highlights
The city attorney noted the city is adopting the state language "word for word" and said the council cannot deviate from what the state has mandated. Council members raised practical concerns about lot sizes, setbacks and whether many smaller houses would be able to physically accommodate a larger ADU. The attorney said one way to resolve the ambiguity is to ask the legislators for intent; he offered to reach out if the council desired.
No final change to the text was made at the meeting; the ordinance proceeded through the second reading as presented.
Provenance (transcript excerpts)
"ADUs will be limited to a maximum of 1,000 square foot or 50% of the square footage of the primary residence, whichever is larger. Does that mean an ADU unit could actually be larger than the primary residence?" (topicintro)
"Now this is straight from the state code. So this is we are adopting it word for word. But the way I interpret this is you definitely could have an ADU bigger than a house." (topfinish)
