A. Intent: The following regulations have been established to:
1. Provide minimum standards for the establishment and operation of accessory apartments within the city. (Ord. 99-6-22-4, 6-22-1999)
2. To facilitate the implementation of the affordable housing element of the general plan by adopting provisions allowing the construction and operation of accessory apartments within single-family dwellings or permanent accessory buildings as defined in 10-12-5(A).
B. Application And Approval Required:
1. Accessory apartments situated within single-family dwellings or permanent accessory buildings may be approved by city administration, following receipt of an application and subject to a finding that the primary dwelling or permanent accessory building and proposed accessory apartment conforms to the conditions and standards hereinafter set forth.
2. Any person constructing or causing the construction of any building as defined in 10-12-5(A) containing an accessory apartment, or any person remodeling or causing the remodeling of a single-family dwelling or building intended to include an accessory apartment shall first obtain an accessory apartment permit. Before the permit is issued the applicant shall: (Ord. 99-6-22-4, 6-22-1999; amd. Ord. 12-05, 11-27-2012)
a. Submit the following materials relating to the proposed accessory apartment:
(1) An application for approval of an accessory apartment.
(2) A site plan, drawn accurately to scale, that shows property lines and dimensions, the location of all existing buildings, the location of existing and proposed entrances, and the location of existing and proposed off street parking stalls.
(3) A detailed floor plan of the dwelling, drawn to scale, and showing the use of each room and the location of the rooms included in the accessory apartment.
(4) All plans and other submittal shall conform with the standards set forth in this section. (Ord. 99-6-22-4, 6-22-1999)
b. (Rep. by Ord. 15-1, 1-10-2015)
c. Make payment of such fees as are required for the processing of the application.
C. Standards And Design Criteria: Any proposal for the establishment of an accessory apartment shall comply with the following standards and criteria:
1. Accessory apartments are specifically listed as a permitted or conditional use within the zone.
2. Accessory apartments shall be permitted only in the instance where the primary dwelling is owner occupied. (Ord. 99-6-22-4, 6-22-1999)
3. A single-family dwelling may include not more than one (1) accessory apartment located within the dwelling or not more than one (1) accessory apartment located in an accessory building associated with the dwelling. More than one accessory apartment of any kind associated with a single-family dwelling is prohibited.
4. An accessory apartment located within a single-family dwelling shall include not less than two (2) off street parking spaces in addition to all spaces required for the principal dwelling unit, and an accessory apartment located in an accessory building shall not include less than two (2) off street parking spaces in addition to all spaces required for the principal dwelling unit. All parking spaces that are reduced or removed due to the creation of the accessory apartment must be replaced with other off-street parking. No portion of the required off street parking for an accessory apartment shall be situated within the front setback area located directly in front of the principal building or the clear view area of an intersecting street as defined in section 10-12-9 of this chapter with the exception of a driveway, which may be used for off-street parking even if located within the front setback. All off street parking areas shall be paved with concrete, asphalt, masonry or concrete pavers.
5. Accessory apartments associated with single-family dwellings shall be served by the same utility connections as the principal building. (Ord. 99-6-22-4, 6-22-1999; amd. Ord. 12-05, 11-27-2012)
6. An accessory apartment shall contain not less than three hundred (300) square feet. The primary dwelling shall conform to the building area requirements of the zone, not including the portion devoted to the accessory apartment.
7. All construction and remodeling to accommodate the accessory apartment shall conform to the building code in effect at the time of construction or remodeling. (Ord. 99-6-22-4, 6-22-1999)
8. The exterior entrance for an accessory apartment shall be separate from the primary single-family dwelling entrance.
9. The exterior entrance for an accessory apartment approved as part of a new single-family dwelling or and accessory building shall not be located at the front of the dwelling adjacent to a street.
10. Where the proposed accessory apartment is to be located in an existing single-family dwelling, the entrance shall: a) conform to the requirements applicable to a new dwelling; or b) where the separate entrance is an existing entrance facing the street, the style of the entrance door shall be the same as the entrance door for the primary dwelling. The purpose of this requirement is to preserve the single-family residential look of the structure.
11. The primary dwelling shall either: a) be served by the city sanitary sewer system; or b) if served by septic tank disposal system, provide written evidence from the county health department, or its successor agency, that the septic tank and drainfield system is adequate to accommodate the additional demand from the accessory apartment. (Ord. 15-1, 1-10-2015)
12. Accessory apartments located in an accessory building must contain at least one (1) bathroom, one (1) kitchen area with facilities to properly prepare food, and a separate area for sleeping.
D. Duration Of Permit; Continuing Obligation: An accessory apartment permit shall be valid for the year in which it is first issued and until July 1 of the year following its issuance. Thereafter, the accessory apartment permit shall be automatically renewed for the next succeeding year upon receipt of all of the following:
1. payment of an annual accessory apartment permit fee; and
2. evidence that the primary dwelling is occupied by the owner; and
3. a determination by the city that all conditions of approval remain in effect. (Ord. 99-6-22-4, 6-22-1999)
E. Preexisting Accessory Apartments: Where an existing single-family dwelling contains an accessory apartment, the city will issue a permit for continued operation of the accessory apartment existing at the time of the adoption hereof if all the following conditions are met: (Ord. 99-6-22-4, 6-22-1999; amd. Ord. 12-05, 11-27-2012)
1. Accessory apartments are permitted within the zone in which the dwelling is located; and
2. The primary dwelling and the portion intended for use as an accessory apartment shall have been inspected by the building inspector and certified as being safe for occupancy; and
3. The owner of the primary dwelling shall have submitted an application to continue operation of the accessory apartment within ninety (90) days of the adoption of this section; and (Ord. 99-6-22-4, 6-22-1999)
4. The city shall have received payment of processing fees required as a condition of approval of an accessory apartment. (Ord. 15-1, 1-10-2015)
F. Penalty: Failure to secure approval of an accessory apartment as provided in this section or to operate an accessory apartment in accordance with the terms of this section shall be considered a violation of this development code and punishable as provided herein. (Ord. 99-6-22-4, 6-22-1999; amd. Ord. 21-11, 12-17-2021)