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Changes in ADU rules now in effect; city hopes it adds affordable housing

by Whitefish Pilot
| July 6, 2022 1:00 AM

In a recent meeting, the Whitefish City Council streamlined regulations surrounding accessory dwelling units with the intent to make it easier for homeowners to add affordable housing in Whitefish.

According to the city, the changes made follow the recommendations from the Whitefish Strategic Housing Plan, the Strategic Housing Plan Steering Committee and the Whitefish Planning Board.

Accessory dwelling units are often apartments built over garages located on the same lot as a single-family home. One of the modifications that encourages the use of ADUs was to make them a permitted use in all residential zones.

“Accessory units play an integral role in supporting healthy and varied local housing by providing gentle infill within single-family neighborhoods while preserving a neighborhood’s architectural and spatial character,” Whitefish Planning Director David Taylor said.

More changes to the city zoning code include removal of the owner-occupancy requirement so accessory units can be rented even if the owner is not occupying the main house.

Property owners no longer need to obtain special permits to build an ADU; only a building permit is required and the ADU does not need to be located above a garage or attached to the main house; they can be a stand-alone unit.

Additionally, the units can be built on lots that do not meet minimum lot sizes or within

buildings that do not meet minimum zoning setbacks, they can be multi-level and the maximum building height limit was increased to 26 feet to allow for varied roof pitches.

“These changes will make it much easier for property owners to add more low-impact housing for local workers,” Taylor said.

The code now provides incentives for owners who choose to voluntarily be part of a “rent to locals” program, where a deed restriction would require the owner to rent with twelve-month minimum leases for at least five years.

Incentives for program participation include an increase in the allowed floor area of the ADU from 600-800 square feet and a dismissal of the requirement for off-street parking.

Additional incentives such as reimbursement of the building permit and impact fees for the unit are subject to availability of funds, the city says.

If a property owner does not wish to take advantage of the incentives, the main house and the

accessory unit can be rented to whomever they wish for long-term residential use of thirty days or more.