(A) Purpose and findings.
(1) Affordable housing and neighborhood stability are important public objectives in the city.
(a) In recent years, accessory dwellings have become an important method to permit families to remain in their homes by securing rental income, while at the same time providing affordable housing for the elderly, single-person households, students and other types of households.
(b) Accessory dwellings are also known as “carriage houses”, “granny flats” or “ECHO homes” (an acronym for “elder cottage housing opportunities”).
(2) (a) This section allows accessory dwelling units to provide the opportunity to develop small dwellings designed, in particular, to meet the special housing needs of single persons and couples of modest income.
(b) This section allows and encourages the more efficient use of the existing housing stock to preserve historic structures and to provide an incentive for their maintenance.
(c) Design standards are established to ensure that accessory dwelling units are located, designed, constructed, landscaped and decorated in such a manner that, to the maximum extent feasible, the appearance of the principal building remains as a single-family detached dwelling.
(d) It is also the intent of these regulations to assure that the single-family character of the property will be remains subordinate to the primary living maintained and that the accessory dwelling unit quarters.
(A) Accessory Use | (B) Zoning Districts |
Accessory dwellings | See Table 153.0202(A) of this chapter |
Fencing and walls | All zoning districts |
Garages or carports (non-commercial) | All zoning districts |
Home occupations (subject to § 153.1364 of this chapter) | All residential zoning districts |
Mailboxes | All zoning districts |
Off-street parking and driveways | All zoning districts |
Wireless telecommunications antennas or tower (subject to § 153.1378 of this chapter) | All zoning districts |
Other telecommunications antennas or tower | See Table 153.0202(A) of this chapter |
Satellite dishes (subject to § 153.1373 of this chapter) | All zoning districts |
Signs (see Ch. 152 of this code of ordinances) | All zoning districts |
Storage buildings (residential) | All zoning districts |
Swimming pools | All residential zoning districts |
Stables/private | “RP” (Resource Protection) and “RE” (Residential Estate) districts |
Tennis courts | All zoning districts |
Any other building or use that the Code Enforcement Officer determines is customarily incidental to the permitted principal use or principal building | All zoning districts |
(B) Accessory dwelling units in detached buildings.
(1) Applicability. This section applies to any accessory dwelling unit that is located in a building that is not attached to the principal dwelling. (See Figure 153.1359(A) below.)
(2) Number permitted. Only one accessory dwelling unit is permitted per lot. An accessory dwelling unit shall not contain more than two bedrooms.
Providing housing opportunities for extended families living together is a fundamental principle of traditional neighborhood development.
(3) Location. Separate detached garages and separate accessory units are not permitted on the same lot. Accessory units may be created as a second story within detached garages if the height of the accessory unit and/or garage does not exceed the height of the principal structure on the lot.
(4) Scale.
(a) The GFA of an accessory dwelling unit shall not exceed 50% of the principal building’s floor area. The building footprint of the accessory dwelling unit shall not exceed 40% of the building footprint of the principal residence. The “building footprint” shall include patios, but shall not include porches.
(b) The accessory dwelling shall not exceed 800 square feet of GFA in the “NU” (Neighborhood Urban) or “NS” (Neighborhood Suburban) Zoning Districts, or 1,200 square feet in the “RE” (Residential Estate) Zoning District. This restriction applies only to that portion of a structure that constitutes living area for an accessory dwelling.
(5) Building design.
(a) In order to maintain the architectural design, style, appearance and character of the main building as a single-family residence, the accessory dwelling unit shall have a roof pitch, siding and window proportions identical to that of the principal dwelling.
(b) An accessory dwelling shall not exceed two stories or the height of the principal dwelling unit, whichever is less.
(c) No exterior stairway to the second floor is permitted at the front or side of the building.
(6) Occupancy.
(a) The total number of occupants in the accessory dwelling unit shall comply with the occupancy standards of the Building Code.
(b) The property owner must occupy either the principal dwelling or the accessory dwelling as the permanent residence. The property owner shall not receive rent for the principal dwelling. For purposes of this section,
PROPERTY OWNER means the title holder and/ or contract purchaser of the lot, and OWNER OCCUPANCY means that a property owner, as reflected in the title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration or similar means.
(c) The property owner shall sign an affidavit before a notary public affirming that the owner occupies either the principal dwelling or the accessory dwelling. The applicant shall provide a
covenant suitable for recording with the Recorder of Deeds providing notice to future owners or long-term lessors of the subject lot that the existence of the accessory dwelling unit is predicated upon the occupancy of either the accessory dwelling or the principal dwelling by the person to whom the certificate of occupancy has been issued. The covenant shall also require any owner of the property to notify a prospective buyer of the limitations of this section, and to provide for the removal of improvements added to convert the premises to an accessory dwelling and the restoration of the site to a single-family dwelling in the event that any condition of approval is violated.
(8) Utilities. The accessory dwelling shall be connected to the central water and sewer system of the principal dwelling.
(C) Accessory apartments.
(1) This section applies to any accessory apartment. The provisions of § 153.1365 of this chapter pertaining to occupancy and parking apply to accessory apartments.
(2) The GFA of the accessory apartment shall not exceed 35% of the total floor area of the principal dwelling unit.
(3) Occupancy of the accessory apartment shall not exceed one person per 400 square feet of GFA.
(Ord. 3020, passed 9-10-2013, § 7.3)