Commission opens discussion on accessory dwelling units; staff to draft regulations

Tocqueville planning staff and commissioners on Feb. 12 discussed how the city should handle accessory dwelling units (ADUs) after changes in state law that affect internal ADUs.

Emily, a planning department staff member, told the commission that “last year state code has passed that, mandate cities to permit internal accessory dwelling units” and that Tocqueville’s existing code treats internal ADUs inconsistently. Staff said external ADUs (detached units) are currently subject to secondary-structure setback and height rules and require building permits, but the code does not explicitly regulate many of the issues that other nearby cities address.

Commissioners and members of the public discussed potential controls staff could draft, including limiting the number of ADUs on a lot, requiring owner occupancy of the primary dwelling, minimum lot sizes or a maximum proportion of backyard area used by a detached ADU (one example suggested: no more than one-third of the backyard), off-street parking requirements, occupancy caps tied to bedroom counts, size limits and annual inspection or permitting requirements.

Staff noted that other municipalities use HUD guidance (roughly two persons per bedroom) and local fire and building codes to inform occupancy and safety standards. Commissioners also discussed how enforcement typically is complaint-driven and that some homeowners alter lighting or fixtures after occupancy inspections.

Multiple commissioners expressed support for drafting a code amendment. The commission directed staff to prepare draft ADU regulations that would address internal and external ADUs, including suggested topics: parking, owner-occupancy requirements, lot-size minimums, maximum unit size or backyard footprint, occupancy limits and inspection/permitting procedures. No formal ordinance vote was taken; staff will return with a draft for future review.