Chesapeake Beach planners press for parking study, code clarifications as state ADU rules loom

Planner Miss Franklin told the commission the state recently adopted new accessory dwelling unit (ADU) regulations and accompanying guidance that the town must implement by October. She said the state'level definition means the town "can no longer" keep a fixed square-foot cap and that ADU size must be measured relative to the primary detached dwelling (roughly three-quarters of livable area, as discussed during the meeting).

Commissioners seized on several implementation questions. Current local code requires two off-street parking spaces in addition to those for the principal dwelling; Miss Franklin said the state requires a parking study if the town wants to keep a parking requirement and that the town must offer a waiver process. "We have to do a parking study in order to keep this parking requirement in here," she said.

The commission also discussed emergency access: state guidance bars ADUs whose only vehicular access is an alley, and members asked the town's planner and fire representatives about the practical reach of apparatus and hose lines. "If you have a driveway in front of your house and you put an ADU in the back, you do not have to have a second drive," Miss Franklin said, but noted vehicle access must be sufficient for emergency response.

Legal and utility questions remained. Miss Franklin said ADUs cannot be counted in lot density calculations, but if an owner later subdivides a lot containing an ADU the new lot and units would be counted. Commissioners asked whether ADUs would trigger separate water/sewer taps and associated fees; Miss Franklin said that tap policy is governed by the town's water and sewer manual and recommended cross-referencing that manual in the zoning text so applicants are aware.

Members also raised building-code issues such as whether ADUs should require sprinklers or attic fire barriers. Miss Franklin said building and fire codes apply to dwellings and that staff would ask the town attorney and code officials whether the zoning text should explicitly restate those requirements.

On procedural limits, commissioners confirmed the town's draft preserves one ADU per lot, the ADU must provide a complete living unit (kitchen, bathroom, sleeping area), and conversions of existing accessory structures must have non-alley vehicular access. Several commissioners supported measuring the primary dwelling using habitable/livable floor area (excluding unheated garages, attic crawl spaces) to determine the ADU 75% maximum; staff will draft clearer measurement language.

Next steps: staff will request a parking study and seek legal guidance on owner-occupancy, waiver criteria and possible building-code clarifications, then present recommended ordinance language to the commission ahead of the October compliance deadline.