(a) Definitions. In this section:
(1) ACCESSORY DWELLING UNIT (ADU) means a rentable additional dwelling unit, subordinate to the main unit, located on a building site with a single family use.
(2) NEIGHBORHOOD COMMITTEE means the owners of at least 10 properties within a proposed overlay.
(b) Petition, initiation, and process.
(1) Except as provided in this subsection, the procedures for zoning amendments contained in Section 51A-4.701, "Zoning Amendments," apply.
(2) An accessory dwelling unit overlay may only be placed on an area that allows single family uses and does not expressly prohibit accessory dwelling units.
(3) An overlay must contain at least 50 single family structures in a compact, contiguous area, or be an original subdivision if the subdivision contains fewer than 50 single family structures. Boundary lines should be drawn to include blockfaces on both sides of a street, and to the logical edges of the area or subdivision, as indicated by a creek, street, subdivision line, utility easement, zoning boundary line, or other boundary. Boundary lines that split blockfaces in two should be avoided.
(4) As soon as possible after the department provides the neighborhood committee with a petition form or city council authorizes a hearing, the department shall conduct a neighborhood meeting. The department shall give notice of the neighborhood meeting to all property owners within the proposed overlay as evidenced by the last approved city tax roll at least 10 days before the neighborhood meeting.
(5) The neighborhood committee may request a petition form by submitting a request to the department on a form furnished by the department. The request must include the boundaries of the proposed overlay. The boundaries of the proposed overlay must comply with the requirements of this section.
(6) The petition must be on a form furnished by the department. The petition form must include a map of the boundaries of the proposed overlay, a list of the proposed regulations (including a proposed off-street parking reduction), the name and address of all property owners within the proposed overlay, and a statement that by signing the petition the signers are indicating their support of the overlay.
(7) The petition must be submitted with the following:
(A) The dated signatures of property owners within the proposed overlay in support of the proposed overlay.
(i) For a proposed overlay with 50 or fewer single family structures, the signatures on the petition must be dated within three months following the date of the neighborhood meeting.
(ii) For a proposed overlay with more than 50 single family structures, the signatures on the petition must be dated within six months following the date of the neighborhood meeting.
(B) The application fee, if applicable.
(i) If a petition is signed by more than 50 percent but less than 75 percent of the lots within the proposed overlay, the application fee must be paid.
(ii) If a petition is signed by 75 percent or more of the lots within the proposed overlay, the application fee is waived.
(iii) If the proposed overlay is authorized pursuant to Section 51A-4.701(a)(1), the application fee is waived.
(C) A map showing the boundaries of the proposed overlay.
(D) A list of any neighborhood associations that represent the interests of property owners within the proposed overlay.
(E) A list of the names and addresses of the neighborhood committee members.
(F) Any other information the director determines is necessary.
(8) For purposes of Section 51A-4.701, "Zoning Amendments," once a complete petition has been submitted to the director, the accessory dwelling unit overlay shall be treated as a city plan commission authorized public hearing. If the overlay is initiated by petition, the notice of authorization contained in Section 51A-4.701(a)(1) is not required.
(9) Along with any other required notice, at least 10 days before consideration by the city plan commission, the director shall mail a draft of the proposed accessory dwelling unit overlay ordinance and a reply form to all owners of real property within the area of notification. The reply form must allow the recipient to indicate support or opposition to the proposed accessory dwelling unit overlay and give written comments. The director shall report to the city plan commission and the city council the percentage of replies in favor and in opposition, and summarize any comments.
(c) Accessory dwelling unit overlay.
(1) In general.
(A) The provisions of Section 51A-4.704(c), regarding renovation, remodeling, repair, rebuilding, or enlargement of nonconforming structures, remain in effect.
(B) An accessory dwelling unit may not be sold separately from the main building.
(C) For an accessory dwelling unit, the prohibition on advertisements in Section 51A-4.209(b)(6)(E)(vii)(bb) do not apply.
(E) If there is a conflict between this section and the single-family use regulations in Section 51A-4.209, this section controls.
(2) Yard, lot, and space regulations.
(A) In general. Except as provided in this subsection, the yard, lot, and space regulations of the underlying zoning remain in effect.
(B) Side and rear yard.
(i) If the structure containing the accessory dwelling unit is less than 15 feet in height and is located in the rear 30 percent of the lot, minimum side yard is three feet.
(ii) If the structure containing the accessory dwelling unit is less than 15 feet in height, minimum rear yard is three feet.
(iii) Structures 15 feet or more in height containing accessory dwelling units must comply with the side and rear yard setbacks of the base zoning.
(C) Floor area.
(i) Detached accessory dwelling unit.
(aa) Minimum floor area is 200 square feet.
(bb) Maximum floor area is the greater of 700 square feet or 25 percent of the main structure.
(ii) Attached accessory dwelling unit. Maximum floor area is the greater of 700 square feet or 25 percent of the main use.
(D) Height.
(i) General. Except as provided in this subparagraph, the maximum height of the structure containing the accessory dwelling unit cannot exceed the height of the main dwelling unit.
(ii) Accessory dwelling units located above detached garages. For accessory dwelling units located over detached garages, maximum height is the maximum height allowed in that zoning overlay.
(E) Location.
(i) An accessory dwelling unit may not be located in front of a main structure.
(ii) The board may grant a special exception to authorize the placement of an accessory dwelling unit in front of a structure when, in the opinion of the board, the accessory dwelling unit:
(aa) will not adversely affect neighboring properties;
(bb) will not be contrary to the public interest; and
(cc) denial of the special exception will unduly burden the property.
(F) Off-street parking.
(i) Except as provided in this paragraph, a minimum of one space is required.
(ii) Off-street parking is not required for an accessory dwelling unit located within 1,200 feet of a DART bus or transit stop.
(iii) Off-street parking may be reduced if 75 percent of the property owners within the proposed overlay sign the petition agreeing to the reduction.
(iv) City council may also reduce the off-street parking requirement if a reduction is recommended by the neighborhood steering committee during the authorized hearing process.
(G) Stories. Maximum number of stories for an accessory dwelling unit is one.
(3) Utility meters. A lot with an accessory dwelling unit may be supplied by not more than two electrical utility services, and metered by not more than two electrical meters.
(4) Owner occupancy.
(A) Except as provided in this paragraph, if one dwelling unit is used as rental accommodations, the property owner must reside in the main structure or the accessory dwelling unit during the tenancy.
(B) The owner may be absent for one year with director approval.
(5) Single family rental program. The rental unit must be registered in the city single family rental program. (Ord. 30931)