Walkersville Planning Commission wrestles with state-mandated accessory dwelling unit rules

The Walkersville Planning Commission met April 14 and spent the bulk of a workshop session grappling with how to translate a new state requirement to allow accessory dwelling units, commonly called ADUs, into local code.

Alex, a town staff member who spoke with state officials, told commissioners the model ordinance was intentionally broad so municipalities could add locally appropriate restrictions but not make them so strict that ADUs would be impractical. "You can make more restrictions, but don't be too restrictive to the point that an accessory dwelling unit wouldn't be worth doing," Alex said.

The state model establishes two high-level constraints that framed the commission's discussion: jurisdictions should not set a minimum ADU size and the model sets a 75% maximum relative to the primary dwelling's finished floor area above grade; it also limits ADUs to one per lot. Commissioners repeatedly raised practical concerns about how those rules would play out locally. One commissioner calculated that 75% of a 1,392-square-foot main floor would yield an ADU of roughly 1,044 square feet — far larger than common accessory buildings in town — and said the percentage-based rule could conflict with existing setback and backyard-area limits in Walkersville's code.

Parking requirements emerged as a central technical and policy question. Alex said the state allows local parking restrictions but requires a parking study to justify any limits. The state did not specify a study design; that responsibility falls to the town. Commissioners debated whether the town should allow on-street parking, require a fixed number of off-street spaces per ADU, limit the number of vehicles tied to an ADU, or prohibit commercial vehicles and RVs associated with ADUs. Several commissioners emphasized the study would need to address situations where on-street parking added burden to neighboring properties.

The commission also discussed utilities. Alex said water hookups are largely discretionary for the town, but sewer connections may be governed by other entities and would need explicit local code language describing when a separate tap is required. That raised further questions about fees and metering for additional connections.

Several commissioners raised homeowner-association (HOA) conflicts and legal risk. Commissioners asked whether state law would override HOA covenants that ban ADUs; staff answered that the state requirement would supersede such covenants but warned the change could prompt legal challenges. One commissioner expressed frustration about the timeline and the law's breadth: "They're essentially shoving it down your throat," the commissioner said, reflecting concern about limited time to craft locally sensible rules.

Alex confirmed he has begun drafting a proposed local ordinance and asked commissioners to send written comments and any language examples for collation. The commission has an Oct. 1 deadline to adopt conforming language; staff said other jurisdictions are also revising codes and that a careful crosswalk will be needed to identify sections of local code that must change. Alex handed out a copy of the House bill (read at the meeting as "House bill 1466") as a reference.

No formal action on ADU standards occurred at the workshop; the commission directed staff to prepare draft ordinance language and return the item to the commission (the ADU item is likely to appear on the April 28 planning commission agenda).