10-17A-3: ACCESSORY DWELLING UNIT – SPECIFIC STANDARDS:
An accessory dwelling unit shall meet the following additional standards:
A. Ownership: An accessory dwelling unit shall not be sold separately or subdivided from the principal dwelling unit or lot unless compliant with subdivision regulations.
B. Occupancy: The city shall only permit an accessory dwelling unit when an owner-occupant lives on the property within either the principal or accessory dwelling unit. Short-term rental of an accessory dwelling unit is not permitted.
C. The total number of residents that reside in an accessory dwelling unit may not exceed the number allowed for a “family” as defined in this title.
D. Number Of Accessory Units Per Parcel: An accessory dwelling unit (ADU) shall be allowed only on parcels containing a single-family dwelling. Only one (1) accessory dwelling unit or guesthouse shall be allowed on a lot or parcel.
E. Not A Unit Of Density: Accessory dwelling units are not considered a unit of density and therefore are not included in the density calculation for residential property.
F. Parking: An additional off-street parking space is required. Tandem parking is not allowed for accessory dwelling units. If an accessory dwelling unit is created within an existing garage or carport, parking spaces contained therein shall be replaced elsewhere on the property.
G. Size And Location Requirements:
1. If located within a single-family dwelling:
a. Entrance Locations: Entrances to accessory dwelling units that are located within a single-family dwelling are permitted in the following locations:
(1) An existing entrance to the single-family dwelling.
(2) On the side or rear of the building. Stairs leading to an ADU in the basement are permitted to encroach into the side yard.
(3) Exterior stairs leading to an entrance above the first level of the principal structure must not be visible from the street.
2. If located in a detached accessory building:
a. The accessory dwelling unit must meet the setbacks for the main structure for the zone.
b. The accessory dwelling unit and all accessory structures combined on the parcel must not cover more than twenty-five percent (25%) of the rear lot area. (The rear lot area is the area lying between the rear lot line and rear wall of the single-family dwelling extended to the side lot lines.)
c. A detached accessory dwelling unit shall not exceed a gross floor area of eight hundred (800) square feet. In no case shall a detached accessory dwelling unit exceed the square footage of the primary structure on the property.
d. Height: The maximum height of a detached accessory building containing an accessory dwelling unit shall not exceed the height of the single-family dwelling on the property or exceed twenty-five feet (25') in height, whichever is less.
3. Design: Architectural design, materials, and construction shall match the primary residential structure.
4. Application Requirement: Any homeowner who resides in a single-family dwelling and whose property is in a residential zone and desires an accessory dwelling unit is required to obtain an accessory dwelling permit. The accessory dwelling permit shall be in addition to any building permits that may be necessary to create the accessory dwelling unit. The applicant shall submit the following as part of the application for an accessory dwelling permit:
a. A site plan drawn accurately to scale that shows property lines and dimensions, the location of existing buildings and building entrances, any proposed building and its dimensions from buildings and property lines, and the location of parking stalls.
b. Detailed floor plans drawn to scale with labels on rooms indicating uses or proposed uses.
c. Written verification that the applicant is the owner of the property and has permanent residency in the existing single-family dwelling where the request is being made. A recorded deed restriction acknowledging that the single-family dwelling will remain owner-occupied, in order for an accessory dwelling unit to be rented.
d. Rental dwelling business license. (Ord. 2019-10-002, 10-10-2019; amd. Ord. 2020-06-002, 6-4-2020; Ord. 2021-10-014, 10-21-2021)