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Council adopts ADU setback ordinance to meet state deadline; vote 4-1
Summary
The Village of Martin's Additions voted 4-1 to adopt an ordinance aligning accessory-dwelling-unit (ADU) setbacks with a 2025 state law, setting a default 5-foot setback with a size/height modifier and retaining flexibility on parking requirements pending a study.
The Village of Martin's Additions council voted July 16 to adopt a revised accessory dwelling unit (ADU) ordinance intended to comply with a 2025 state law preempting local setback rules. Council Chair Arthur announced the motion passed 4 to 1, with Council member Jeff recorded as opposed.
Ron Bolt, who drafted the proposed language, told the council the ordinance sets a default 5-foot setback for accessory buildings and uses a sliding modifier if an accessory structure exceeds 12 feet in height or 24 feet in width. "Once that accessory building gets taller than 12 feet or wider than 24 feet, the setback increases by 1.5 feet for every foot over 12 feet of height or over 24 feet of length," Bolt said. The draft also includes a provision that ADUs cannot exceed 75% of the size of the main building; Bolt said the statute uses 75% but does not define "size," leaving interpretation for the council.
The draft would remove the current requirement for two dedicated parking spaces for an ADU unless the village commissions a parking study that justifies retaining such a restriction. Bolt emphasized the urgent schedule: the village must have compliant setbacks on the books by October 1, 2025. Several council members said they could adopt the setback framework now and take up parking, lot-coverage and other issues in subsequent hearings.
Council member Jeff urged delay, saying technical drawings and resident comments arrived hours before the meeting and residents had not had time to review them. "I am not ready to vote on this with all the information that's just come in today," Jeff said. Other council members responded that the deadline and the ordinance's scope—limited to setbacks—made immediate action reasonable and that amendments could follow.
The motion to adopt was moved, seconded, and approved by voice; Chair Arthur later confirmed a 4-1 tally. The council recorded no detailed roll-call in the transcript beyond the chair's announcement of the result. The council said it will continue public outreach and can consider amendments or separate ordinances for parking and lot-coverage questions in future sessions.
