Committee approves late amendments to accessory dwelling unit ordinance to preserve size limits and clarify height measurements

A council committee on Dec. 16 approved late-filed amendments to Ordinance 2025‑1007 that revise how detached accessory dwelling units (DADUs) are regulated in the Metro code.

Council member Allen described a timely-filed amendment that restores the existing DADU size limits in the code — referencing 700 square feet of living space, a 750‑square‑foot footprint for certain smaller lots, and up to a 1,000‑square‑foot footprint for larger lots as currently expressed in code — and that adds the phrase "as measured from average grade" to clarify how building heights are measured. Allen said planning staff asked to include that measurement language to ensure consistency across the department’s work. "That late filed amendment simply adds the words as measured from average grade because planning has worked very hard to get that consistently in everything that they do," Allen said.

Separately, Council member Johnston explained a late-filed replacement amendment that corrects an earlier amendment heard in planning and zoning which she said had been written in a way that would have effectively disallowed DADUs. "The intent, as written, is to put some limitations on DADUs, but it's not to disallow them," Johnston said. The replacement amendment clarifies overlay district rules and confirms that an overlay requires a minimum of five contiguous lots.

Committee members asked technical questions about when notice occurs, the meaning of "overlay," and whether the amendments preserve affordability goals. After discussion, the committee approved Council member Allen’s amendment and later approved Council member Johnston’s replacement amendment; a separate amendment referenced as filed by "GAD" was withdrawn by the filer earlier in the meeting.

Both approved amendments were recorded as passing unanimously in the committee record.