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Daniel council adopts RA‑5 code amendments limiting detached accessory dwellings and requiring owner‑occupancy for rented units

Town of Daniel Town Council · June 1, 2026
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Summary

The Daniel Town Council on June 1 adopted changes to the town’s RA‑5 code clarifying that accessory or "caretaker" dwellings must be inside the main structure (no detached ADUs), that short‑term rentals remain prohibited, and that health and fire departments will review applications that change bedroom counts or septic needs.

The Daniel Town Council on June 1 voted to adopt amendments to Town Code 8.07 (RA‑5 Residential Agricultural zone) that clarify how state‑authorized accessory dwellings may operate inside town limits. The ordinance text read by council identifies the amendments and lists an approval and effective date of June 1, 2026.

Planning staff said the changes reflect a 2024 state law that made accessory dwellings a permitted use in residential agricultural zones and that the town must now define local constraints. Eric, the town planning staff member, told the council that "accessory dwelling separate is not allowed" and that the town intends to permit only caretaker units located within the main house. He added that applications that increase the number of bedrooms will be referred to the county health and fire departments for review.

The amendments include an owner‑occupancy requirement for parcels where an accessory unit is rented: the property owner must occupy either the main residence or the accessory unit full time if the accessory unit is rented. Council members asked staff to explicitly state that short‑term rentals are not permitted; planning staff reiterated, "Short term rentals are not allowed," with the town definition tied to stays under 30 days.

Why it matters: The change reconciles state authorization with local safety and infrastructure limits — notably septic capacity and fire access — and aims to prevent conversion of agricultural parcels into multi‑unit rental investments without an owner on site. Under the adopted language, health‑department clearance and fire inspection are prerequisites for any permit that alters bedroom counts.

What happens next: The ordinance as read includes the attached amendments to Daniel Town Code section 8.07 and became effective on the date stated in the reading (06/01/2026). Staff said they will route ADU permit applications to the county health and fire departments for technical review and return to the town when the departments issue clearance.