Warren County planning panel forwards accessory-dwelling-unit zoning change to supervisors

The Warren County Planning Commission voted July 9 to forward a proposed amendment to Chapter 180 of the county zoning code that would add a definition and supplementary regulations for accessory dwelling units (ADUs) and repeal the current definition for “guest house.” The commission recommended approval and will send the proposal to the Board of Supervisors for final action.

Planning staff told the commission the draft ordinance would allow ADUs that are attached to or located within the existing principal single-family dwelling as a use by right. Detached ADUs would remain permitted only by conditional use permit in agricultural zoning districts. The draft limits each lot to one ADU, applies the principal structure setbacks to ADUs, and establishes off-street parking requirements for both the primary dwelling and the ADU.

Staff said the proposed supplementary regulations would require health-department and building-inspection approvals tied to the certificate of occupancy and could affect sewage and well permits. The proposal sets a minimum lot-size threshold discussed by the commission: staff recommended lowering the prior 5-acre minimum to 3.5 acres (the commission discussed 2 acres but did not change staff’s recommendation at this meeting). The draft sets a typical ADU size range at roughly 750 to 1,500 square feet, with a county-attorney provision allowing up to 3,000 square feet where a unit is principally below grade or a conversion of existing structure. The ordinance also would bar use of ADUs as short-term rentals.

Commissioners questioned a 25-foot maximum covered breezeway in the draft (intended to prevent long, covered connections being used to avoid CUP requirements for detached ADUs). Commissioners cited an example where an unpermitted conversion produced an approximately 50-foot breezeway; staff said the 25-foot limit could be adjusted if the commission prefers a shorter length. Commissioners also discussed how a 3.5-acre threshold could help future family subdivisions by aligning with the county’s 1.5-acre family-subdivision standard after five years.

After public hearing (no public speakers), the commission took a motion finding the proposed text amendment appropriate for public necessity, convenience and general welfare and voted to forward the draft with a recommendation of approval to the Board of Supervisors.

The board will consider the ordinance in a future meeting; the Planning Commission’s action is a recommendation only.