A. Purpose: Detached Accessory Dwelling Units ("DADUs”) can be a valuable tool in addressing housing needs, allowing for alternative and flexible housing options for owner-occupied single-family residences, and broadening the range of affordable housing opportunities within and throughout the City. They:
1. Create new housing units while respecting the appearance, neighborhood character, and scale of single-family residential development.
2. Provide more housing choices in residential zones.
3. Allow more efficient use of existing housing and large underutilized yards.
4. Provide housing options for family caregivers, adult children, aging parents, and families seeking smaller households.
5. Offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and to obtain extra income, security, companionship, and services.
B. A Permitted Use in Residential Zones: In any area zoned primarily for residential use, except mobile home subdivisions, the use of a detached accessory dwelling unit ("DADU") is a permitted use on any lot or parcel of property that is at least ten thousand square feet (10,000 sq. ft.) in size and contains a single-family dwelling or residence, subject to the conditions, restrictions, limitations, and regulations established by this Section and by other applicable provisions of this Code and State and Federal law.
C. Minimal Requirements for Detached Accessory Dwelling Units (DADUs):
1. A DADU shall comply with the International Residential Code ("IRC") and all other applicable City, State or Federal building, health, fire, nuisance, and business license codes (including but not limited to Chapters 3, 4, and 9 of this Code).
2. The City:
a. Prohibits the severance, sale, or subdivision of the DADU from the lot or parcel of property on which the primary dwelling or residence is situated.
b. Prohibits the rental of any part of the residential dwelling or DADU if the lot or parcel of property on which the DADU is located is not occupied as the owner's primary dwelling or residence.
(1) Subject to the provisions of subsection b(2) below, "owner occupancy" or "owner occupied" means that any one or more of the following individuals are residing on the subject property for the entire time during which a DADU or primary dwelling or residence on the lot or parcel of property is rented or otherwise occupied:
(a) An individual who is listed in a recorded deed as an owner of the property.
(b) An individual who is a trustor of a family trust who possesses legal ownership of the property.
(2) When an owner of the lot or parcel of property has a bona fide, temporary absence of not more than three (3) consecutive years, for activities, assignments, or work, such as a temporary job assignment, sabbatical, or voluntary humanitarian or church service, and another record owner of said lot or parcel of property cannot reside on the property as his or her primary residence: the requirements of this subsection shall be satisfied if a person residing on the lot or parcel of property possesses legal authority to make decisions, and enforce judgments and legal determinations, concerning the property or structures thereon, including but not limited to a holder of a Durable General Power of Attorney, a Trustee of a Family Trust, or court-ordered representative or designee. Indefinite periods of absence and absences for more than three (3) years from the dwelling do not qualify under this subsection.
(3) To be considered "owner occupied," an owner may live in either the principal dwelling or the DADU on the lot or parcel of property.
c. Requires compliance with the following size, height, and setback requirements:
(1) The DADU must meet the setback requirements for the applicable zone, as well as the required separation from the primary dwelling unit for an accessory structure, and may not encroach upon or interfere with any public easement or right-of-way on or across the lot or parcel of property.
(2) The DADU shall not be less than two hundred fifty square feet (250 sq. ft.) in size, but not shall not exceed one-third (1/3) of square footage of the footprint of the primary dwelling or residence (structure).
(3) DADUs are limited to a height not in excess of (a) the roofline of the primary dwelling residence and (b) twenty feet (20'), whichever is smaller.
(4) The total square footage of all accessory structures, including those containing a DADUs, is limited to a maximum of eight percent (8%) of the total square footage of the lot or parcel of property.
d. Prohibits the installation of a separate electric, water, and/or sewer utility meter for an DADU; but it may assess applicable and legally-supportable impact fees, as may be established and imposed from time to time.
e. Requires that an DADU be designed in a manner that does not substantially change the appearance of the lot or parcel of property as a single-family residence.
f. Requires the installation of two (2) additional on-site parking spaces for an DADU, regardless of whether the primary dwelling or residence on the property is "existing" or "new construction".
(1) Parking spaces shall be not less than nine feet (9') wide and eighteen feet (18') long.
(2) Parked vehicles shall not be allowed to encroach upon the City's sidewalks.
(3) Parking surfacing shall consist of either asphalt or cement.
g. To the extent any may exist within the City, prohibits the creation of an DADU if the primary dwelling is served by a failing septic tank.
h. Establishes the following design standards and criteria with regards to DADUs:
(1) Architectural design, materials, and construction shall be consistent with and reasonably match the existing primary residential structure.
(2) All submitted building plans shall be accompanied by an engineer's stamp.
(3) Plan shall be submitted through the City's online building permit process.
(4) All structures containing or comprising DADUs shall follow the provisions and requirements of the current IRC as well as any other applicable code.
(5) No existing nonresidential structures (except detached garages), including but not limited to sheds and metal structures, may be converted to DADUs.
(6) All DADUs must be "slab on grade"-meaning that they are attached to a slab on grade, with footings, as required by the IRC; no basements shall be allowed.
(7) An outside entrance shall be required.
(8) A landscaping plan of the lot or parcel of property, including that portion fronting on a city street, shall be submitted to and approved by the director of operations, or his or her designee, and shall be complied with and adhered to, and the property maintained in accordance therewith, in order (1) to minimize potential negative impacts on neighboring properties, (2) to retain the residential character of the lot or parcel of property, and (3) to provide a visual buffer for onsite parking in relation to adjacent properties and the street.
(9) Addressing:
(a) The primary dwelling or residence and the DADU shall have the same address, except for the use of lettering to differentiate between the primary dwelling or residence and the DADU for mail or emergency-response purposes.
(b) The address identification shall be legible, attached to a permanently-fixed structure, and positioned to be visible from the street fronting the property.
(c) Address identification characters shall contrast with their background and shall contain Arabic numbers or alphabetical letters, provided that numbers shall not be spelled out. Each character shall be not smaller than four inches (4") (or 102 mm) in height and one-half inch (1/2") (or 12.7 mm) in width.
(d) Additional mailboxes will only be allowed for the principal dwelling.
3. DADU Application Requirements:
a. Generally: Any property owner of property who meets the requirements of this Section and desires to construct, expand, renovate, or convert a structure to contain a DADU on his or her lot or parcel of property shall first obtain a DADU permit, which shall be acquired in addition to any other building permits that may be necessary to create the DADU.
b. The applicant shall submit the following as part of the application for a DADU:
(1) A site plan drawn accurately to scale-showing showing the property lines and dimensions; the location of and entrances to any existing buildings or structures, and entrances; any proposed building or structure, its dimensions, and its distance from other buildings and structures, and property lines; and the location of parking stalls (current and proposed).
(2) Detailed floor plans, drawn to scale, with labels on rooms indicating current and proposed uses.
(3) To be provided to the City prior to the issuance of the building permit: written verification (e.g., a copy of a warranty deed, affidavit, a recorded deed restriction, etc.) showing (a) that the applicant is the owner of the property, (b) that he or she has or intends to have permanent residency on the lot or parcel of property where the request is being made, and (c) that either the primary dwelling or residence or the DADU will remain owner-occupied if structure is to be or remain rented out.
(4) A rental dwelling business license, if and to the extent that such is or shall be required by law. (Ord. 2023-07, 5-3-2023)