8-5-3-40: DWELLING, SECONDARY ATTACHED OR DETACHED:
   A.   General Standards For Attached And Detached Secondary Dwellings:
      1.   The secondary dwelling shall clearly be incidental and subordinate to the primary dwelling.
      2.   The allowable footprint for a secondary dwelling shall be a maximum of nine hundred (900) square feet or sixty percent (60%) of the footprint of the primary dwelling, whichever is less.
      3.   A principal permitted dwelling with a valid certificate of occupancy must be present on the subject property.
      4.   No more than one permanent additional dwelling (including, but not limited to, an additional farm dwelling, caretaker dwelling, or a secondary dwelling) shall be permitted on a property.
      5.   Off street parking shall be provided as per section 8-4G-6 of this title in addition to the required off street parking for the dwelling.
      6.   Either the principal dwelling or the secondary dwelling must be owner occupied at all times. The secondary dwelling must be occupied by the owner of the principal permitted dwelling, a member of the owner's immediate family, or the owner's employee.
      7.   The applicant or owner shall provide a written statement annually (12 months from date of approval) stating that the use of the secondary dwelling is continuing in compliance with all requirements and conditions of approval.
      8.   The secondary dwelling shall be architecturally compatible with the principal permitted dwelling and shall use building materials (including, but not limited to, roofing, siding, and finish materials and exterior wall treatments) similar in appearance and color to those on the principal permitted dwelling.
   B.   Additional Standards For Attached Secondary Dwelling Units: The subject property must be a minimum of six thousand (6,000) square feet in size.
   C.   Additional Standards For Detached Secondary Dwelling Units:
      1.   If the principal dwelling is two (2) or more stories in height, the structure that accommodates the secondary dwelling may be two (2) stories; the first story shall be a garage or private storage area and the secondary dwelling shall be on the second story.
      2.   An existing detached accessory structure may be converted to a secondary dwelling, provided that the structure meets all applicable requirements of the Ada County building code, as set forth in title 7, chapter 2 of this code, and any applicable plumbing or electrical code requirements. (Ord. 389, 6-14-2000; amd. Ord. 715, 12-3-2008; amd. Ord. 902, 10-2-2019)