Accessory unit regulation changes officially adopted

Whitefish property owners who wish to build an accessory dwelling unit (ADU) will have an easier go of it now that regulations governing such structures have been modified to streamline the building process.

A revised ordinance that makes building an AUD more straightforward and makes renting one to a local resident more appealing was passed on the second reading by a vote of 4-1 at the Whitefish City Council meeting last week after further discussion.

The changes in the regulations include allowing ADUs to be built without a conditional use permit in all zoning districts and allowing all forms of ADUs to be built, including attached, detached, or atop an existing structure. The amended ordinance also eliminates the previous owner-occupancy requirement so a property owner can rent an ADU and not live in the primary residence.

Additionally, there are now incentives for homeowners who volunteer to deed restrict an ADU including an increase in the size restriction from 600 square feet to 800 square feet, no additional parking requirements and potential reimbursement of building fees.

The deed restriction requires the ADU to be rented with a 12-month lease for a minimum of five years.

Councilor Frank Sweeney removed the issue from the consent agenda so there could be more time for discussion later in the meeting. At that time, he made a motion to direct staff to amend the regulations to help promote workforce housing rather than increase the city’s short-term rentals.

“If an ADU is built and is built pursuant to this program and the home is not going to be owner-occupied — if it is going to be rented, it shall be rented for a minimum of 12 months,” proposed Councilor Sweeney.

The motion failed for lack of a second and another motion was made to approve the new ADU regulation changes.

Before the vote, Mayor John Muhlfeld concurred with Sweeney and said, “I think lifting the owner-occupancy requirement is going to drive a lot of our traditional neighborhoods to commercial, out-of-state investment properties. In my opinion, it’s just going to drive housing prices up and do the opposite of exactly what we’re trying to accomplish here at the demise of our traditional neighborhoods.”

Despite the mayor’s message, councilors approved the revised ordinance while Sweeney voted against.