The Planning & Zoning Commission voted unanimously Oct. 29 to forward to the Board of Supervisors AM25‑002, a zoning‑ordinance amendment that implements state requirements expanding accessory dwelling units (ADUs).

Staff told commissioners the state law (HB 2928) requires counties to allow one attached and one detached ADU in residential zones and permits a second detached ADU on lots of 1 acre or larger. Jess McNeely (staff) said the county’s draft follows those rules and proposed, at staff and Board request, that the second detached ADU be deed‑restricted if it will be rented “for rental as an affordable housing unit.”

Vice Chair Wilson opposed a mandatory rental restriction, arguing the restriction could deter construction and limit the additional housing stock. “I personally am opposed to restricting it to affordable. I suspect most of us, if we were told, ‘hey, you have some extra money, you can build an ADU,’ we’re going to do that,” he said.

Other commissioners urged a cautious approach. Chair Burton said staff and legal counsel would clarify the deed‑restriction language to avoid unintended limits on personal use; counsel recommended a formulation that records a deed restriction only when the unit is rented and allows personal or owner‑occupied uses without triggering the rental restriction. Commissioners ultimately instructed staff to include language clarifying that a second detached ADU on lots of 1 acre or larger is required to be deed‑restricted only if it is used as a rental affordable housing unit; units used for personal/residential use by the owner or family would not be restricted.

The commission’s motion to forward AM25‑002 “as amended” passed unanimously (motion by Commissioner Best; second by Commissioner Walsh). Staff will present the revised language to the Board of Supervisors for final action.

What this will change: under the draft ordinance the county will allow up to two detached ADUs (a detached ADU plus a second detached ADU on parcels ≥1 acre) and one attached ADU in residential zones, raise the allowed ADU size up to 75% of the primary dwelling (with caps of 1,000 sq ft detached and 1,200 sq ft attached), and reduce side/rear setbacks to 5 feet where required by state law. The deed‑restriction requirement will apply only to rented units and staff will record the restriction on title to ensure enforceability.