(1) Purpose. The purpose of this section is to provide standards for the establishment and use of accessory apartments in owner-occupied single family detached dwellings.
(2) Application. All accessory apartments as defined in § 1007.001(2) of this chapter, established after the effective date of this chapter shall comply with the requirements of this section.
(3) Procedures and permits. All accessory apartments shall require an accessory apartment permit. Applicants for such a permit shall be made on forms provided by the city which shall include the following:
(a) Legal description of the property location and proof of ownership.
(b) Plans, drawn to scale, indicating existing and proposed floor plans and access to both the principal unit and the accessory unit.
(c) Site plan depicting parking availability.
(4) Requirements. All accessory apartments shall comply with the following requirements:
(a) The accessory apartment shall be clearly a subordinate part of the principal dwelling. The accessory apartment shall not exceed 40% of the building's total floor area or 960 square feet, whichever is less. Common area shared by the principal dwelling and accessory apartment shall be considered part of the principal dwelling and shall not be included in the calculation of accessory apartment floor area.
(b) The principal dwelling shall have at least 960 square feet of living space remaining after creation of the accessory apartment exclusive of garage area. Accessory apartments shall have at least 500 square feet of living space. Living space for the accessory apartment shall include a kitchen or cooking facilities, a bathroom and a living room.
(c) The accessory apartment shall not have more than two bedrooms.
(d) A separate exterior entrance may be permitted. Any exterior alterations or expansion shall be constructed of similar size, color, and type of materials as the principal dwelling provided that no unenclosed ramps or enclosed stairways are utilized to access either the primary or accessory unit. Only one exterior stairway may be located on the side or rear of the dwelling.
(e) The principal dwelling and accessory apartment shall share an internal doorway connection between the dwellings.
(f) Both the principal dwelling and accessory apartment shall share a single utility hookup.
(g) All parking standards of § 1007.052 shall be met.
(h) The principal dwelling and accessory apartment shall meet the applicable standards and requirements of the Lino Lakes Zoning Code, Building Code, Anoka County Health Codes and Fire Codes.
(i) Either the principal dwelling or accessory apartment shall be occupied by the owner of the property.
(j) The property shall only have one mailing address.
(k) A maximum of one accessory apartment permit shall be issued per detached single family home.
(l) No separate driveway or curb cut shall be permitted for the accessory apartment unit.
(5) Revocation. The City Council may revoke an accessory apartment permit if the permittee fails to comply with the conditions attached to the issuance of the permit or otherwise fails to comply with the requirements of this section. Prior to revocation, the City Council shall conduct a hearing preceded by ten days mail notice to the permittee.