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Trustees table ADU code revisions after legal definitions spark debate
Summary
A proposed ordinance to relax accessory-dwelling-unit size limits and allow manufactured-home type structures as ADUs was presented and debated; trustees voted to table the measure for further review by the town attorney and the planning commission following disagreement over definitions of "manufactured home" and "recreational vehicle."
The board opened a public hearing on Ordinance 2024-03, which would alter the municipal code to allow accessory dwelling units (ADUs) sized at up to 75% of a principal dwelling's gross square footage (instead of a hard 1,000-square-foot cap) and to permit some manufactured-home type buildings to be used as ADUs.
Julie Astrell, who presented the item for staff and planning commission review, explained the two main changes: "The 1st would amend section 12 33, subsection e 1 item c, and it removes the reference to 1,000 square feet of gross floor area and inserts, 75% of the gross square footage of the principal dwelling unit on the lot to which it is located." The second change would remove language barring manufactured homes, enabling factory-built units that meet the code definition to serve as ADUs.
The discussion turned technical and at times contentious when staff relayed the town attorney's interpretation about units on wheels. Astrell reported that "the town attorney Austin Flanagan determined that with the wheels attached, it would not be considered, it would be considered a recreational vehicle and his interpretation was because of the way that that would be insured." Several trustees disagreed with that reading and asked for a detailed legal briefing; members of the public raised both support for more affordable ADU options and concerns about neighborhood impacts.
Outcome: The board moved and seconded a motion to table Ordinance 2024-03 and refer it back to the planning commission and the town attorney for clarification of definitions and potential code revisions before any further trustee vote.
