(a) Intent.
(1) It is the intent of this section to permit the establishment of accessory apartments in owner occupied single family dwelling units which will provide older homeowners with a means of obtaining, through tenants in accessory apartments, rental income, companionship, security, and services; provide a means for homeowners to care for elderly or ailing relatives and still allow them to maintain the independence and comfort of separate living quarters; and add inexpensive rental units to the housing stock to meet the smaller household needs of both young and old.
(2) These regulations are also designed to protect the stability, property values, and single family residential character of a neighborhood by ensuring that accessory apartments are installed only in owner occupied houses in such a manner that the appearance of the building remains that of a single family residence.
(3) For purposes of this section, an accessory apartment is defined as a dwelling unit designed for and occupied by one family which is a separate housekeeping unit complete with kitchen and bathroom facilities contained within or attached to the structure of a single family dwelling and which is accessory to it.
(b) Authorization and Development Standards. The Zoning Administrator shall only issue a permit for an accessory apartment in those zoning districts which permit single family dwelling units when the following development standards have been met:
(1) The accessory apartment shall be a complete housekeeping unit, containing kitchen and bathroom facilities, which is separate from the principal single family dwelling unit.
(2) Only one accessory apartment shall be created within or attached to the principal single family dwelling unit.
(3) The accessory apartment and principal single family dwelling unit shall be attached by a common wall, ceiling, or floor and shall be contained within a single building.
(4) The owner(s) of a single family dwelling unit in which the accessory apartment is created or to which it is attached shall occupy one of the dwelling units in the building.
(5) The entire accessory apartment shall consist of no more than thirty-five percent of the total square footage of the principal single family dwelling unit but shall not result in the floor area of the principal building being reduced below the requirements of the zoning district in which it is located.
(6) A minimum of three parking spaces shall be provided on the premises for use by occupants of the accessory apartment and the principal single family dwelling unit.
(7) The accessory apartment shall be installed or constructed so that, to the degree reasonably feasible, the appearance of the building remains that of a single family residence. Exterior doorways constructed to serve the accessory apartment shall, where possible, be located on the side or rear of the building. If an exterior doorway is to be constructed to face the street, it shall be subject to review and approval of the Zoning Administrator.
(8) An accessory apartment shall be constructed in compliance with all applicable Zoning Code regulations as contained herein.
(9) Occupancy of an accessory apartment shall be subject to the City Rental Code.
(c) General Regulations. Accessory apartments shall also comply with the following general regulations:
(1) The establishment of an accessory apartment in a single family dwelling unit shall not result in any building site or use situation which is nonconforming.
(2) An accessory apartment shall not be subject to the regulations contained herein which are applicable to two-family dwelling units.
(3) The following shall not be considered as accessory apartments:
A. A single family dwelling unit whose occupants share kitchen and bathroom facilities.
B. A detached single family dwelling unit located on the same lot with an existing single family dwelling unit.
(4) The accessory apartment shall comply with all applicable requirements of the City Building Code as amended, and shall consist of a minimum of 300 square feet of floor area.
(Ord. 182. Passed 5-12-98.)