§ 21.302.03 ACCESSORY DWELLING UNITS.
   (a)   Purpose and application. In order to accommodate the housing needs of residents while protecting the public health, safety and general welfare of the community, the Council finds that these regulations are necessary in order to:
      (1)   Create new housing units while respecting the appearance and character of single-family dwellings;
      (2)   Provide housing that responds to changing family needs, privacy standards and household sizes;
      (3)   Make more efficient use of existing housing stock and infrastructure; and
      (4)   Encourage the creation of additional affordable housing.
   (b)   Standards.
      (1)   Zoning district. Accessory dwelling units may only be located within the R-1 or RS-1 Residential Zoning Districts (see § 21.209(c)).
      (2)   Reserved.
      (3)   Parking. Accessory dwelling units are not permitted on residential sites that do not meet the minimum parking standards for a single-family dwelling unit (see § 21.301.06). The total number of vehicles parked or stored must conform with the standards in § 21.301.06(m).
      (4)   Location. Accessory dwelling units may be attached to, detached from, or internal to a single-family dwelling. Accessory dwelling units are not permitted in conjunction with two-family dwellings, townhomes/rowhomes or multiple-family dwellings.
      (5)   Number. No more than one accessory dwelling unit is permitted per residential site. A detached accessory dwelling unit will count toward the maximum number of detached accessory structures allowed on a lot (see § 21.301.19).
      (6)   Design and access. Accessory dwelling units must be fully separated from the single-family dwelling unit by means of a wall or floor and have a separate entrance than the primary dwelling unit. The separating wall may have a door connecting the accessory dwelling unit to the primary dwelling unit.
      (7)   Home businesses. Type I home businesses are allowed within an accessory dwelling unit, subject to existing performance standards (see § 21.302.13(d)), provided the combined impacts of home occupations in the accessory dwelling unit and associated single-family dwelling unit do not exceed the performance standards for one single-family dwelling unit, including, but not limited to, the number of employees, signs, deliveries, pick-ups and client appointments per site. Type II home businesses are not allowed within accessory dwelling units.
      (8)   Size. The size of a detached accessory dwelling unit will not count toward the combined maximum size for accessory structures allowed on a lot (see § 21.301.19). Both detached and attached accessory dwelling units must meet the following size standards:
         (A)   Minimum size. Accessory dwelling units must be at least 300 square feet in area.
         (B)   Maximum size. Accessory dwelling units must be less than 960 square feet in area.
         (C)   Proportionate size. The four season living area of an accessory dwelling unit must not exceed 33% of the combined four season living area of the accessory dwelling unit and the associated single-family dwelling unit
         (D)   Common utility exception. Areas containing common utility or mechanical equipment, up to a maximum of 100 square feet, that are within the accessory dwelling unit but serve both the accessory dwelling unit and single-family dwelling unit are exempt from the size calculation of the accessory dwelling unit.
         (E)   Associated single-family dwelling size. The associated single-family dwelling unit must continue to meet minimum floor area requirements; see § 21.301.01.
      (9)   Utilities. Accessory dwelling units are prohibited on sites not served by municipal sewer and water. Separate utility metering for a detached accessory dwelling unit is required, except by special permission of the Utility Division and City Engineer.
      (10)   Ownership. Accessory dwelling units may not be subdivided and may not be otherwise separated in ownership from the associated single-family dwelling unit.
      (11)   Bedrooms. No more than two bedrooms are permitted in the accessory dwelling unit.
      (12)   Rental license. Rental of either the accessory dwelling unit or associated single- family dwelling unit requires a rental license pursuant to Chapter 14 of the city code. Only one rental license is permitted per residential site.
      (13)   Occupants. Occupancy must comply with the requirements of § 15.01 of this city code.
      (14)   Height. The height of a detached accessory dwelling unit may not exceed the height of the associated single-family dwelling unit.
      (15)   Single-family dwelling standards. Except when legally non-conforming, accessory dwelling units in combination with their associated single-family dwelling unit must conform to all city code requirements for single-family dwellings, including, but not limited to, setback, height, impervious surface, motor vehicle, and recreational vehicle and accessory building standards, except where otherwise noted in this section.
      (16)   Building Code compliance. The accessory dwelling unit and the associated single-family dwelling unit must meet current State Building Code provisions, including, but not limited to, fire resistance and sound insulation standards between units.
   (c)   Site plan requirements. Any application for an accessory dwelling unit must be accompanied by:
      (1)   An existing conditions survey showing property lines, existing and proposed structures, existing and proposed impervious surface areas (call out overall percentage impervious), setbacks and required off-street parking;
      (2)   A letter of narrative describing the proposed accessory dwelling unit;
      (3)   Elevation drawings depicting the proposed structure from all four directions; and
      (4)   A floor plan of the accessory dwelling unit indicating points of entrance and floor areas.
      (5)   In the event an accessory dwelling unit is proposed entirely within the existing floor area of a single-family dwelling, the existing conditions survey is not required and elevation drawings are required only for those elevations proposed to be altered.
   (d)   Approval process. Accessory dwelling units must receive administrative final site and building plan approval prior to issuance of a building permit.
   (e)   Temporary family health care dwellings. Pursuant to the authority granted by M.S. § 462.3593, subd. 9, as it may be amended from time to time, the city opts-out of the requirements of M.S. § 462.3593, which defines and regulates temporary family health care dwellings.
(Ord. 2009-18, passed 6-22-2009; Ord. 2015-5, passed 1-26-2015; Ord. 2015-33, passed 11-16-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2016-16, passed 8-15-2016; Ord. 2017-9, passed 5-1-2017; Ord. 2019-18, passed 3-25-2019; Ord. 2022-39, passed 8-8-2022; Ord. 2022-65, passed 12-19-2022)