8.4.301: ACCESSORY LIVING UNITS:
   A.   Description: An accessory living unit is a secondary dwelling unit located on the same parcel as the principal dwelling unit. An accessory living unit provides a complete, independent dwelling with facilities for living, cooking, eating, sanitation, and sleeping. An accessory living unit cannot share a common wall with the principal dwelling unit.
   B.   Standards: Accessory living units shall comply with the following standards:
      1.   The square footage of the accessory living unit shall not exceed one thousand (1,000) square feet of habitable space or fifty percent (50%) of the habitable space of the primary structure, whichever is greater. New structures that will be used solely for accessory living units shall be measured from the exterior walls. Existing structures that will add habitable space will be measured from interior dimensions of the habitable space.
      2.   For purposes of this section, habitable space shall include all enclosed areas used for living, cooking, eating, sanitation, and sleeping. Garage areas will not be included as habitable space if the garage has a door which is at least eight feet (8') wide.
      3.   The footprint of the accessory living unit shall count toward the calculation of lot coverage.
      4.   No parcel shall contain more than one accessory living unit.
      5.   Accessory living units shall comply with the setback requirements for accessory buildings which apply within the underlying zone.
   C.   Permit Procedure: Accessory living units may be established only upon the issuance of an accessory living unit permit by the Director.
      1.   The permit application shall be on a form provided by the department and shall include a site plan, a narrative and an affidavit attesting to the validity of the information provided.
      2.   The procedure for approval of an accessory living unit permit shall be as set forth in section 8.8.204 of this title.
      3.   Upon review of the information provided, the Director shall determine if the minimum requirements have been met and either approve or deny the permit application.
      4.   The decision of the Director to grant or deny an accessory living unit permit may be appealed to the Board in accordance with chapter 8, article 8.5 of this title. (Ord. 514, 9-28-2017)