(A) Purpose. The purpose of this section is to permit no more than one accessory unit dwelling (AUD) in a one-family detached dwelling (R-1 district only) by conditional use permit. The R-1 zoning district requires a minimum lot size of 40,000 square feet which ensures that additional housing will have less impact on neighboring properties. Because this conditional use will be located in established one-family residential districts (single family home neighborhoods), the installation and use of accessory unit dwelling must be strictly controlled to avoid adverse physical, social, economic, environmental and aesthetic impacts. By allowing only those accessory unit dwellings that are in compliance with all of the performance standards of this section, the character and quality of existing neighborhoods will be protected.
(B) Definitions. For the purpose of this chapter the following definition shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY UNIT DWELLING ("AUD").
A subordinate habitable unit dwelling added to or created within a one-family detached dwelling (hereinafter
PRIMARY RESIDENCE
) that provides the basic requirements of shelter, heating, cooking and sanitation.
(C) Conditional use permit required. No property within a one-family residential district shall have more than one unit dwelling, unless a conditional use permit is first obtained from the city for an AUD.
(D) Performance standards. In addition to the provisions governing conditional use permits elsewhere in this chapter, any AUD permitted by a conditional use permit hereunder shall meet the following requirements:
(1) The primary residence must be located within an R-1 zoning district and have a minimum lot size of 40,000 square feet.
(2) A property owner, which shall include title holders and contract purchasers, must reside in either the primary residence or the AUD as their permanent residence. The property owner may be absent from the property for a period not to exceed 180 consecutive days, but must reside in the home not less than 180 consecutive days per calendar year, and during which period the subject property continues to be the applicant's legal and principal residence.
(3) An AUD may not be subdivided or otherwise segregated in ownership from the primary residence structure.
(4) An AUD's total floor area shall be no more than 40% of the primary residence's footprint and an AUD shall not be less than 300 square feet. The City Council may approve a larger floor area where the petitioner can demonstrate that the additional size is clearly subordinate to the principal dwelling, the exterior changes to the house do not substantially alter its single family character and the resulting total floor area and size of the house is consistent with the size of the homes in the immediate neighborhood.
(5) The lot area coverage from the primary residence, an AUD and all other impervious surface shall not exceed 35% of the lot or parcel area.
(6) An AUD shall be designed and maintained as to be consistent with the architectural design, style, appearance and character of the primary residence as a single-family residence. If an AUD extends beyond the current footprint or existing height of the main building, such an addition must be consistent with the existing facade, roof pitch, siding and windows.
(7) An AUD shall be located within or attached to the primary residence and shall not be permitted in structures detached from the primary residence, including, but not limited to, accessory buildings, detached garages, or workshops.
(8) An AUD may be created by the conversion of living space within the primary residence, but not by conversion of garage space unless, thereafter, space is available for a two-car garage on the lot without the need for a variance and the converted AUD complies with all state and city regulations and codes.
(9) The total number of occupants in the AUD may not exceed three persons. The AUD shall contain no more than two bedrooms.
(10) Two off-street parking spaces shall be required for the AUD, in addition to the two off- street parking spaces required for the primary residence. In no case shall more than four motor vehicles be parked outside of the primary residence.
(11) A home with an approved AUD shall not be eligible to obtain a permit to park additional vehicles outside of the residence in conjunction with § 155.373(B)(1)(c).
(12) No more than one AUD shall be permitted on a lot or parcel.
(13) An AUD shall not be permitted if three AUDs exist, as permitted under this section, within a radius of 2,640 feet (one-half mile) of the proposed AUD.
(14) Home occupations may be allowed, subject to existing regulations, but shall only be permitted in either the AUD or the primary residence, but not both.
(15) The primary entrance to the AUD shall be located in such a manner as to be unobtrusive from the same view of the building which encompasses the entrance to the primary residence.
(16) An AUD shall comply with all state laws, City Code requirements, and building, plumbing, electrical, mechanical, and fire code regulations.
(17) The primary residence and AUD shall be created and maintained in compliance with the property maintenance regulations set forth in the City Code.
(18) The primary residence and AUD shall be connected to municipal sewer and water.
(19) In order to encourage the development of housing units for people with disabilities, the city may allow reasonable deviation from the City Code provisions to install features that facilitate accessibility. Such facilities shall be in conformance with the UBC.
(20) AUDs shall be permitted only where it is demonstrated that the accessory unit will not have an undue adverse impact on adjacent properties and where there will not be a substantial alteration of the character of the neighborhood.
(21) An additional garage may be constructed, provided only one garage is visible from the public street and complies with all state and city laws and regulations.
(22) No accessory dwelling unit or portion thereof shall be used or allowed to be used as a rental unit, for any period less than 30 consecutive days, by a person for payment of a fee or other compensation to the owner, under a lease of contract, written or verbal.
(Ord. 729, passed 6-26-03; Am. Ord. 1121, passed 6-8-23)