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Garden City council approves ADU ordinance after state limits strip local size caps
Summary
The council voted to adopt Ordinance 26-17 updating accessory dwelling unit (ADU) rules, removing redundant language and aligning local code with new state law that precludes local size limits on internal ADUs; council preserved restrictions on externals and short-term rentals and adjusted lot-size thresholds.
The Garden City Town Council voted May 26 to adopt Ordinance 26-17, revising the town's accessory dwelling unit rules to reflect recent state changes and to remove redundant code language.
The ordinance eliminates a local size cap for internal ADUs after the state changed its model code. Council member David said the state "has removed our ability to limit the size of an internal ADU," noting that municipalities can no longer impose a size restriction on an internal accessory dwelling within a single-family home. The council struck the duplicative subsection (e1b) and agreed to adjust threshold language to match the state text.
Council members debated what controls remain. The adopted changes retain local authority to regulate external (detached) ADUs, including a square-footage limit (the ordinance refers to a maximum of 1,500 square feet and a minimum of 600 where external units apply). The council also kept language that prohibits ADUs from being used for transient lodging and discussed parking requirements to ensure that both the ADU and primary dwelling have off-street spaces.
Council also corrected a lot-size reference: the council changed inconsistent references from 7,500 square feet to 6,000 square feet where the state code clarified the appropriate threshold. Members agreed the town's remaining policy levers are zoning and allowable zones for ADUs, rather than local size caps.
The ordinance passed with a motion to approve the changes "with the changes stipulated," and council members answered questions about how drive-throughs and change-of-use matters interact with parking and occupancy calculations. The council directed staff to finalize the redline for publication and to ensure the code language matches the state citations cited during the discussion.
Next steps: staff will publish the amended ordinance language and update permitting guidance to reflect the change; council members said they will continue to monitor state ADU rules for further clarifications.
