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The purposes of the Accessory Dwelling Unit ordinance are to:
A. Increase the supply of housing without the need for additional infrastructure or further land development;
B. Provide flexible housing options for residents and their families;
C. Provide workforce housing;
D. Increase housing density into the community with minimal negative impact;
E. And to provide elderly citizens with the opportunity to retain their homes and age in place.
(Ord. 897 (part), 2023)
All definitions included elsewhere in Title 17 of the City of Custer Municipal Code shall apply to this chapter. Accessory dwelling units are only allowed in zoning districts in which they are listed as a conditional or permitted use as defined in Title 17 of the City of Custer Municipal Code.
“Accessory dwelling unit” means a residential living unit that is within or attached to a single-family dwelling or is located in a detached structure and that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking, and sanitation on the same parcel of land as the principal dwelling unit it accompanies.
1. “Attached accessory dwelling unit” means an accessory dwelling unit that is physically connected to the principal residence.
2. “Detached accessory dwelling unit” means a stand-alone home on the same lot as a larger, primary structure.
(Ord. 897 (part), 2023)
Construction of accessory dwelling units requires a building permit as outlined by Chapter 15.04 of Custer Municipal Code. Accessory dwelling units shall comply with all adopted sections of the International Building Code (IBC).
(Ord. 897 (part), 2023)
All the following criteria shall be met in order for construction of an accessory dwelling unit to be approved:
A. A maximum of one (1) accessory dwelling unit may be permitted on property located in zoning districts that allow them by permitted or conditional use and shall be located within or attached to the principal structure, or be located in a detached structure on the property.
B. An accessory dwelling unit may only be constructed on a property with a principal structure.
C. Attached accessory dwelling units shall have an independent means of ingress and egress, in addition to any required ingress and egress International Building Code (IBC) regulations.
D. Accessory dwelling units shall not exceed twenty-five (25) feet in height, or the height of the principal structure, whichever is least.
E. Attached accessory dwelling units shall meet all dwelling setbacks as outlined in Section 17.12.080B.
F. Detached accessory dwelling units shall meet the setbacks of unattached buildings of accessory use as outlined in Section 17.12.080B.
Exception: An existing building being converted to an ADU that does not meet the setback requirement as outlined will be permitted, but any additions to the existing structure shall not be any more nonconforming to the setbacks than the original structure.
G. There is no minimum size requirement for accessory dwelling units, provided all applicable requirements and IBC regulations can be met. Accessory dwelling units shall not exceed the square footage of the primary dwelling.
H. The primary dwelling and the accessory dwelling unit shall remain in common ownership.
I. Accessory dwelling units shall have no more than two (2) bedrooms.
J. Accessory dwelling units shall be designated at least one off-street parking spot.
K. Accessory dwelling units shall maintain common city owned utility services with the principal structure.
L. Accessory dwelling units shall obtain a separate address for emergency management purposes.
M. All variances to this chapter shall be regulated by Chapter 17.48.
N. Accessory dwelling units shall not be used as short-term rentals or hosted short-term rentals as defined in Chapter 17.12.
(Ord. 897 (part), 2023)