A. Purpose. The purpose of this Section is to authorize the creation and use of accessory dwelling units that provide housing choices for Village residents and support the Village's existing, high-quality residential neighborhoods. This Section provides for a streamlined public review of accessory dwelling units in order to maximize their compatibility with these existing neighborhoods.
B. Form. An accessory dwelling unit may be located within a designated area within the principal structure (such as a basement), attached to the principal structure, or be a freestanding accessory structure.
C. Number. Each zoning lot used for a single-family dwelling may have only one accessory dwelling unit subject to the conditions and restrictions of this Section.
D. Pre-Application Workshop Required. Prior to applying for a special use permit to authorize an accessory dwelling unit, an applicant must appear at a meeting of the Joint Plan Commission and Zoning Board of Appeals for a pre-application workshop to discuss with Joint Plan Commission and Zoning Board of Appeals the proposed accessory dwelling unit.
E. Special Use Process for Accessory Dwelling Units. An application for a special use permit to authorize an accessory dwelling unit is subject to the rebuttable presumption that the application satisfies the standards for a special use permit set forth in Section 10-2C-10 E., but only where the PCZBA and the Village Board find that the accessory dwelling unit is located and scaled in such a manner as to best:
1. Provide sufficient distance between the accessory dwelling unit and any dwellings on adjacent properties;
2. Provide sufficient privacy to the occupants of both the accessory dwelling unit and any adjacent residential properties;
3. Minimize the visual impact of the accessory dwelling unit into surrounding residential properties and the streetscape, including by minimizing the appearance of the entry doors to the ADU from the street; and
4. Result in an accessory dwelling unit that is clearly accessory and subordinate to the principal dwelling unit. In evaluating this standard, the following guidelines typically indicate an accessory and subordinate use:
a. The presence of two or fewer bedrooms in the accessory dwelling unit;
b. Conformance with the maximum size restrictions provided in this Section; and
c. The arrangement or provision of utilities shall not affect this determination.
The foregoing standards shall be evaluated relative to the impacts that would be reasonably expected from adding a conforming residential addition to the principal structure that does not serve as an accessory dwelling unit. The foregoing standards are not intended to serve as a mechanism for review of the architectural design, materials, or quality of proposed accessory dwelling units.
F. Size Restrictions.
1. Minimum. The combined area of all habitable rooms of the accessory dwelling unit shall not be smaller than two hundred and twenty (220) square feet.
2. Maximum. The gross floor area of the accessory dwelling unit, and any accessory structure that houses a detached accessory dwelling unit, shall be no larger than:
a. Thirty-five (35) percent of the gross floor area of the principal structure, exclusive of any area used for the accessory dwelling unit;
b. Eight hundred (800) square feet of gross floor area, except in the “C-E” Country Estate District; and
c. One thousand five hundred (1,500) square feet of gross floor area in the “C-E” Country Estate District.
Any reductions to gross floor area provided in subsection 10-5-6(B) do not apply to the foregoing requirements, except that undereaves and any stoops, steps, and porches leading to the accessory dwelling unit shall not be counted in measuring the gross floor area of the accessory dwelling unit.
G. Parking Requirements. In addition to any required parking pursuant to Section 10-5-12, an accessory dwelling unit shall provide adequate space to park or house at least one automobile.
H. Additional Bulk Regulations for Detached Units. In addition to any bulk requirements that are applicable in the relevant zoning district, the following further restrictions apply to detached accessory dwelling units:
1. Setbacks. A detached accessory dwelling unit shall be subject to all yard and setback requirements applicable to the principal structure on the same zoning lot. Where there is a conflict between the requirements applicable to a principal structure and an accessory structure, the more restrictive provision shall control.
2. Prohibition in Street Yards. A detached accessory dwelling unit shall not be located between the principal building and the lot line(s) abutting any contiguous public street, public right-of-way, or private street for the full width of the lot; provided that this prohibition shall not apply to detached accessory dwelling units located between the principal building and an alley. This includes, but is not limited to, the full depth of front yards, corner lot side yards, and both the front and rear yards of through lots. See Section 10-13-1, illustration 1.
3. Height. The height of a detached accessory dwelling unit shall not exceed the lesser of:
a. The height limitations in the applicable zoning district; and
b. The height of the principal structure on the zoning lot.
I. Ownership and Rental.
1. Common Ownership Required. An accessory dwelling unit must be kept in common ownership with the principal dwelling on the zoning lot.
2. Short Term Rentals Prohibited. Pursuant to Section 10-4-5 of this Code, accessory dwelling units may not be used as short-term rentals.
3. Regulations for All Other Rentals. Where the principal dwelling is leased or not occupied by the owner, either:
a. The accessory dwelling unit must be occupied by the owner; or
b. The occupants of the principal and accessory dwelling unit must constitute a single family.
J. Existing Non-Conformities.
1. Existing Accessory Dwelling Units Grandfathered. Accessory dwelling units lawfully constructed prior to January 10, 2022 may continue to be used, maintained, and occupied notwithstanding any nonconformity with subsections C, F, G, or H of this Section or the absence of a special use permit.
2. Conversion of Non-Conforming Structures. Nothing shall prohibit a structure existing as of January 10, 2022, including a legally non-conforming structure, from being converted for use to an accessory dwelling unit provided that the conversion complies with this Section and does not increase the degree of any existing non-conformity with any Bulk Regulation. The creation of an accessory dwelling unit by conversion must be authorized by a special use permit as provided in this Section.
K. Special Rules for Abandonment. Notwithstanding the abandonment provisions of Section 10-8-2(C)(9), any legally non-conforming or special use of an accessory dwelling unit shall not be deemed abandoned until it is discontinued for a period of:
1. Nine consecutive months; or
2. A cumulative total of eighteen (18) months during any three-year period. (Ord. 2022-2, 1-10-2022; amd. Ord. 2022-38, 12-12-2022)