Norwalk council approves amended first reading of ADU zoning changes to comply with state law

The Norwalk City Council approved an amended first reading of an ordinance amending the city zoning code on accessory dwelling units, updating local rules to conform with Senate File 592 and specifying setback standards while preserving a procedure for variances.

City staff said the change was required by state law. “Senate File 592, which was approved earlier this year, restricts our ability to regulate accessory dwelling units,” Luke Paris, city staff, told the council. The draft ordinance aligns Norwalk’s definitions and zoning text with the state statute and revises Sections 175.A.0.42 and the R-1 and RF districts to allow one ADU on a lot with a single-family home.

City staff presented two options for setbacks. The first option would treat ADUs like accessory structures, allowing as little as 5 feet from a side or rear lot line and requiring 10 feet of separation from the principal structure. The second option would require ADUs to meet principal-building setbacks, which staff said would be more restrictive on typical lots — roughly 7 feet from side lot lines and about 30 feet from rear lot lines on a standard 60-foot lot — and would not require a minimum separation distance from the primary home. Planning and Zoning recommended the accessory-structure setback approach for flexibility, but councilors debated whether to adopt the more restrictive principal-building setbacks as the standard while allowing exceptions.

After discussion about local control and flexibility, Council Member Livingston moved to approve the ordinance on first reading using the principal-building setback standard as the default and allowing variances or special permits to grant the lesser accessory-structure setbacks in individual cases. Council Member Coole seconded the motion. The roll call recorded votes as follows: Livingston — yes; Meineke — yes; Acre — no; Coole — yes. The motion carried on first reading.

Council members and staff emphasized the change stems from state law and noted the ordinance is intended to preserve some local discretion through a variance or special-permit route rather than to preempt all local input. City staff said the ordinance in the packet uses the accessory-structure setback language; the council’s motion adopts the principal-building setback language for the first reading and directs staff to prepare the language for second reading accordingly.

The ordinance will return for a second reading with the revised setback language and an explicit variance/special-permit process described by staff. No written public comments on the amendment were received before the hearing, and the public hearing was closed prior to the vote.

The council’s action changes how ADUs will be regulated in Norwalk by default while keeping a formal path for property owners to seek exceptions.

The council’s action was limited to the first-reading adoption of amended language; final adoption will occur after the required additional reading and any further amendments.