Committee debates tiny-home and ADU rules, staff to cite state statute

At the Sept. 11 meeting the advisory committee spent a sustained block of time on accessory structures and tiny-home rules, centering on setbacks for accessory structures and whether tiny principal residences may be wheeled units or must sit on permanent foundations.

A committee member raised alarms about shrinking accessory setbacks — "I really am concerned about this" — noting the potential for two‑story ADUs to be built close to property lines. Staff cautioned that reducing setbacks can affect developable area and said there is limited time for property owners to opt into any new standards. The Staff member summarized the legal framing: "The big point here is that there's no property right taking because we're giving them the exact same, permitted uses setbacks that they already have, if not greater flexibility." Staff committed to double-check state statute language that many jurisdictions rely on for ADU dimensions and setbacks and to add explicit citations to the draft code.

Tiny-house regulations prompted separate discussion. The committee revisited a prior decision to require tiny homes used as principal residences to be on permanent foundations and to comply with IRC Appendix Q (fire, egress, and plumbing standards). Presenter stated, "If your principal residence is going to be a tiny home, it is going to be on a foundation. You're gonna have sewer and water connected." Committee members debated a 400‑square‑foot threshold for tiny homes, noted the regulatory gap for houses in the 500–700 sq. ft. range and asked staff to reconcile minimum-house-size rules with tiny‑home and ADU categories.

No final code changes were adopted at this meeting; staff will verify statutory constraints (including any state-imposed ADU minima or setbacks), add lot-size and height clarifications, and return the updated draft and statutory citations at the next meeting.