Planning Commission Recommends ADU and 'Family' Definition Changes to Align 2009 LDC with State Law
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Summary
The commission recommended two text amendments to the 2009 Land Development Code—allowing accessory dwelling units where single-family homes are permitted and removing numeric limits on unrelated occupants from the definition of 'family'—so the city complies with 2024 state housing laws; both recommendations passed 4–0.
Planning staff asked the commission to recommend two text amendments to the city’s 2009 Land Development Code that would align local rules with recent state housing legislation and with the city’s newly adopted 2025 Land Development Code.
Planner Seung Han explained that the first amendment would update the definition of “family” to remove a numeric cap on unrelated occupants so the LDC complies with HB24-1007 (effective July 1, 2024); staff proposed enforcement of occupancy limits by relying on the city’s already adopted 2021 International Property Maintenance Code, which regulates minimum bedroom size and occupants per bedroom.
On accessory dwelling units (ADUs), staff summarized statutory requirements: municipalities must allow ADUs where single-family detached units are permitted; ADUs should be approved administratively (no public hearing except in historic districts), cities cannot require off-street parking or owner-occupancy for ADUs, and dimensional and design rules must not be more stringent than those for the primary dwelling. Staff proposed a size approach to keep ADUs accessory in scale — for detached ADUs a maximum height no greater than the primary home or 20 feet (whichever is less); a maximum size of 25% of the primary dwelling or 1,000 square feet, whichever is less, with a baseline allowance of 750 square feet; and no maximum for basement units since they are out of public view.
Commissioners asked questions about nomenclature and longer-term code cleanup. Staff said the city’s new 2025 Land Development Code will use ‘household’ instead of ‘family’ and provide a more comprehensive rewrite during legislative rezoning; the current 2009 LDC changes are a stopgap to meet statutory deadlines as early as June and July of this year. Commissioner Nelson moved to recommend the ADU amendment; the motion passed 4–0. Nelson then moved to recommend the family-definition amendment; that motion also passed 4–0.
What’s next: Staff will forward recommendations to City Council and continue to integrate the changes into the broader 2025 code during the legislative rezoning process next year.
