Commission debates owner-occupancy requirement for accessory dwelling units

Commissioners spent a lengthy portion of the meeting debating whether accessory dwelling units (ADUs) should be limited to properties where the owner occupies either the principal dwelling or the ADU full time.

One commissioner asked for clarification: “the principal dwelling unit on page 53 or the accessory dwelling unit must be the permanent full time residence of the owner of the lot. Is that at the time of construction or because what if they sell it?” Staff answered that compliance would be reviewed at permit time and, if an owner had been in compliance at permitting, that status would not automatically make a structure noncompliant after a sale. Commissioners expressed concern that the rule could force owners to sell or limit buyer pools, and called it an overreach in some cases.

Staff further clarified that the physical structure would not have to be torn down if a subsequent owner did not meet the owner-occupancy requirement; instead, the potential issue is permitted uses of the structure. Commissioners discussed enforcement via business-license review and disclosure at sale, and noted the policy intent to encourage owner investment and maintenance while limiting proliferation of rental-only units.