Council reviews state-driven ADU changes and weighs parking-study waiver approach

Planning staff reviewed recommended changes to the town's ADU ordinance intended to align the code with state law and to provide local standards for permitting. Key changes presented included the state's 75% size rule for ADUs, the requirement that ADUs be on owner-occupied lots, caps on bedrooms and height/bulk to keep ADUs subordinate to primary dwellings, required site plans, and an 8-foot setback recommendation for detached ADUs.

Council members and residents raised repeated concerns about parking and equity. Several speakers noted that many older neighborhoods lack off-street parking and argued that a mandatory two-space off-street requirement could effectively bar ADUs on numerous lots. Planning staff said the town must meet the state's procedural parameters but recommended a waiver process informed by a parking study. Council members proposed zoning-based waiver categories (areas with no off-street parking, areas where one space suffices, and areas requiring two spaces) and discussed an annual renewal model for waivers tied to occupants' driver licenses.

Speakers also asked whether HOA rules would prevent ADUs; staff explained state real-property provisions that limit unreasonable HOA restrictions do not automatically supersede municipal zoning, so HOAs may still impose restrictions until challenged under state standards. The planning presenter said a variance and a waiver process would be available and reiterated that not every lot will be able to host an ADU because of lot size, lot coverage, or access limitations.

Staff recommended completing a targeted parking study (a lean, state-compliant study rather than a large townwide assessment) to create a defensible waiver process; councilors asked staff to return with a concrete parking-study plan and candidate waiver language before finalizing ordinance changes. No final ordinance vote was taken in this session.