(A) The following requirements shall apply to ADUs established via special use:
(1) The Planning and Zoning Commission shall require that any special use for an accessory dwelling unit shall be recorded with the deed for the property and shall run with the land. The special use shall be contingent upon this requirement.
(2) Ownership and occupancy. The property owner must reside in either the principal building or the ADU. An ADU shall remain under common ownership with the residential building. Occupancy of the ADU shall be limited to no more than one family of three persons.
(3) (a) All ADUs established via special use shall be inhabited only by blood relatives or marital relatives of the owner of the principal building.
(b) A designated caregiver for a resident of the principal building shall also be permitted, so long as said caregiver does not pay an inhabitant or owner of the principal building for the right to occupy the ADU.
(4) Alterations of existing structures. If a detached ADU is created from an existing detached accessory structure in compliance with current code via allowed nonconforming use, the structure is exempt from the zoning standard(s) it does not meet. However, any alterations that would result in the structure becoming less conforming with those zoning standards it does not meet shall not be permitted.
(5) The construction of ADUs shall conform and adhere to the lot coverage, height, and setback requirements of the zoning district in which they are constructed.
(6) The construction of ADUs shall conform and adhere to the characteristics of the existing principal building.
(7) Maximum ADU size. All ADUs shall be smaller than the floor area of the largest primary or principal dwelling unit. Any detached ADU constructed shall not be more than 900 square-feet. An internal or attached ADU created through the altering of an existing structure may exceed 900 square-feet of floor area, but the floor area shall be limited to not more than one level of the existing structure (i.e. a basement, story, or half story).
(8) All ADUs shall require separate ingress and egress than that of the principal building.
(9) Minimum ADU size. All ADUs shall be constructed no smaller than 300 square-feet for up to two occupants, and no smaller than 375 square-feet for three occupants. Newly adopted code requirements shall take precedence over this section.
(10) All kitchen facilities located within an ADU shall measure at least 50 square feet and contain the following facilities:
(a) A countertop for food preparation.
(b) Cabinetry for proper food storage.
(c) A sink with running water and a drain.
(d) A stove or stove hookup.
(11) Prior to the issuance of a building permit for an ADU, an accessory dwelling unit relative permit shall be obtained from the Building/Zoning Official. ADUs shall pass inspection by the Community Development Department prior to habitation.
(12) All ADUs located below grade or above the first floor of a structure shall have at least one exterior emergency escape and rescue opening in accordance with this section. Where basements contain one or more sleeping rooms, emergency egress and rescue openings shall be required in all sleeping rooms, but shall not be required in adjoining areas of the basement. The sill height shall not be more than 44 feet above the floor.
(a) Emergency and escape rescue openings shall have a net clear opening of not less than 5.7 sq. ft. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emergency escape and rescue opening from the inside. The net clear height opening shall be not less than 24 inches and the net clear width shall be not less than 20 inches.
( b) Table 1 - Examples of Compliant and Non-Compliant Emergency Egress Windows.
( c) Ex: Windo ws A and B meet all of the area and dimensi ons require ments and would pass egress in Illinois. Window C, while meeting the dimension requirements, does not meet the area requirement and would not pass egress.
(13) All sanitary facilities shall adhere to the same requirements as the Illinois State Plumbing Code for single-family residences.
(14) All ADUs shall adhere to the most recently adopted Illinois Energy Efficiency Code to ensure adequate and safe living facilities.
(15) All ADUs shall adhere to the currently adopted property maintenance code.
(16) All detached ADUs shall have a dedicated subpanel for electrical supply.
(B) The following requirements shall apply to ADUs established by right in R2, R3, C1, C2, C3, and C5 Zoning Districts: the same requirements as outlined for ADUs established by special use with the following exceptions:
(1) Hierarchical zoning for ADUs shall not be permitted in C4 and Industrial Districts.
(2) ADUs established via this section may be occupied by non-family members for rental purposes.
(3) Prior to the issuance of a building permit for an ADU, an accessory dwelling unit rental permit shall be obtained from the Building/Zoning Official.
(4) ADUs shall pass inspection by the Community Development Department prior to habitation.
(Ord. 2024-5478, passed 3-19-2024)