A. An ADU shall not be rented or leased or offered for rent or lease unless the owner of record possesses a valid ADU Permit.
B. D-ADUs shall not be permitted for any property containing an I-ADU. As a condition of approval for an application for a new D-ADU the owner of record shall agree to waive any right to create an I-ADU on the same property unless the D-ADU is first removed from the property. This condition shall be included in the recorded notice of accessory dwelling unit required by section 9-31-060 of this chapter.
C. Primary dwellings are not permitted to contain more than one I-ADU. I-ADUs are not permitted within a D-ADU or other detached structure.
D. I-ADUs shall not be permitted in single-family residential dwellings located on lots or parcels that are six-thousand square feet (6,000 ft²) or less in size.
E. I-ADUs are not permitted within mobile homes.
F. I-ADUs are not permitted within a primary dwelling unit serviced by a failing septic system.
G. Separate utility meters may not be installed for any I-ADU or D-ADU.
H. An I-ADU shall not be rented or leased for a time period of less than thirty (30) consecutive days. Only one rental agreement or lease shall be in effect at any one time.
I. The primary dwelling associated with an ADU shall be occupied by the owner of record as their primary residence and shall not be separately rented, or offered for rent. If the primary dwelling associated with the ADU ceases to be occupied by the owner of record, the ADU shall not be rented, leased, hired or loaned.
J. An ADU Permit issued by the zoning administrator shall be required for the development and use of any ADU and shall only be issued once all regulations and standards of this section and sections 9-31-040 or 9-31-045 as applicable to the specific type of ADU are met. The ADU Permit shall be subject to the application and review procedures, including the annual renewal requirements and procedures of section 9-5-210. (Ord. 1132, 2-17-2015; amd. Ord. 1499, 9-21- 2021)