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Commissioners approve accessory dwellings

LYNNETTE HINTZE | Hagadone News Network | UPDATED 9 years, 11 months AGO
by LYNNETTE HINTZE
Daily Inter Lake | December 9, 2014 6:40 PM

A zoning amendment to allow accessory dwellings in most Flathead County zoning districts won unanimous approval from the county commissioners on Tuesday.

The amendment emerged during county Planning Board meetings over the past year and a half as a way to preserve property rights, promote affordable housing and help homeowners financially.

Accessory dwelling units will be allowed in county agricultural, suburban agricultural and some residential zoning districts as a permitted use, while such dwellings will be a conditional use in higher-density residential zones.

The amendment defines accessory dwelling units as single, separate living units for stays of 30 days or longer. Dwellings can be no larger than 40 percent of the floor area of the principal home on the property. Only one accessory dwelling can be rented per tract of record.

The commissioners’ vote to pass a resolution of intent in favor of accessory dwellings came amid concerns from several county residents and groups such as Citizens for a Better Flathead and the Whitefish County Water and Sewer District.

Citizens for a Better Flathead last month asked the commissioners to send the proposed amendment back to the Planning Board for additional review, citing a lack of definitions, standards, criteria for review and measurable goals.

The Whitefish County Water and Sewer District wrote a letter noting an anticipated increase in density over time in rural areas that could negatively affect water quality.

Other public concerns included adding requirements for building heights and architectural building standards, along with safeguards to make sure accessory dwellings aren’t used for short-term rentals.

Several property owners had voiced support for the amendment, noting the financial benefit generated by a second dwelling on their property.

Commissioner Gary Krueger said he had heard comments that the zoning amendment “will change the face of the valley.

“I don’t see where that will happen,” he said. “We’re not going to see these [accessory dwellings] mass-produced.”

The addition of accessory dwellings in rural areas will be self-regulated through the septic permitting process, Krueger said.

Commissioner Cal Scott agreed, saying there are “multiple layers of review and approvals to restrict runaway” construction of accessory dwellings.

Commissioner Pam Holmquist said the amendment creates infill and shouldn’t override subdivision covenants governed by homeowner associations.

“I don’t believe it would be a free-for-all,” she said.

Krueger said he’s “absolutely against” architectural review for construction in the county. “That’s been the status of citizens here for years and years,” he said.

If problems were to arise by allowing accessory dwellings, the zoning regulation could be revisited and changed, Krueger added.

Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.

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