(A) Purpose. This section is established to provide regulations and design standards for internal accessory dwelling units, within single-family dwellings in Residential Zones.
(B) Occupancy requirements.
(1) Occupancy of the accessory dwelling unit shall meet the requirements of federal definitions for family; specifically, any number of blood related family members, or up to five unrelated people.
(2) For the purposes of the definition of FAMILY, the term shall mean spouse, parent, child, stepchild, grandparent, brother, sister, uncle, aunt, nephew, niece, first cousins, great grandparents, great grandchild. This term does not include other, more distant relationships.
(3) The accessory dwelling unit may be rented to a second or separate family as defined above from the main structure.
(C) Internal accessory dwelling units.
(1) Approval for an internal accessory dwelling unit may be granted by the Zoning Administrator, upon submittal of a land use permit application, which meets the requirements of this chapter. The granting of approval for an internal accessory dwelling unit shall not exempt the applicant from meeting other applicable ordinances, covenants, codes or laws recognized by the county.
(2) The property owner shall occupy the dwelling, except for bona fide temporary absences.
(3) An internal accessory dwelling unit is not allowed to be attached to or within a mobile home.
(4) The applicant shall record a notice regarding the approval for the internal accessory dwelling unit with the County Recorder’s office, on a form approved by the Zoning Administrator, including any required conditions of approval to guarantee compliance with the approval. The applicant shall provide to the Zoning Administrator a copy of the recorded document prior to the commencement of the use of the internal accessory dwelling unit or the issuance of any required building permit for the conversion.
(5) A floor plan of one-fourth inch equals one foot (¼” = 1'), showing the floor in which the internal accessory dwelling unit will be located within the existing single-family dwelling shall be provided.
(6) Only one internal accessory dwelling unit shall be created within a single-family dwelling and the apartment shall be a subordinate part of the dwelling.
(7) The owners of the residence shall live in the dwelling in which the apartment was created, except for bona fide temporary absences.
(8) The internal accessory dwelling unit shall be designed so that the appearance of the building remains that of a single-family dwelling, including the retention and enhancement of landscaping.
(9) It shall be prohibited to install separate utility meters for the internal accessory dwelling unit.
(10) The design and size of the apartment shall conform to all applicable standards in the Fire, Building and Health Codes. The applicant shall obtain all necessary building permits prior to construction of the internal accessory dwelling unit.
(11) At least three off-street parking spaces shall be available for use by the owner/occupants of the dwelling and internal accessory dwelling unit. All parking shall be upon hard surface (concrete, asphalt, brick, rolled and compacted road base and the like). Tandem parking spaces are not to be counted for the purpose of determining parking space conformance.
(12) The internal accessory dwelling unit shall be designed so that, the appearance of the building remains that of a single-family dwelling, including prohibition of separate utility meters, separate addresses and mailboxes and the like. Additional entrances, when constructed, shall be located on the side or in the rear of the building.
(13) The design and size of the internal accessory dwelling unit shall conform to all applicable standards in the Fire, Building and Health Codes. The applicant shall obtain all necessary building permits prior to construction of the internal accessory dwelling unit.
(D) Detached accessory dwelling units.
(1) Detached accessory dwelling units shall be required to go through a modified land use approval process that shall be approved by the Zoning Administrator.
(a) Site plan submittal requirements for land use approval shall include the following:
1. Engineered or architecturally designed drawings of the accessory dwelling unit with dimensions of all setbacks, building size, calculations of total lot coverage, floor plan, and location of required parking spaces.
2. Building elevations with proposed materials and building height.
3. Geohazards report generated in accordance with § 155.220 (Article I Geohazards).
(2) Detached accessory dwelling units shall be allowed in the following situations:
(a) On lots that meet setbacks and lot coverage requirements;
(b) On lots that are part of a PC-zone district overlay and were included in the list of allowed uses; or
(c) On lots that were given approval within a development agreement.
(d) Only one ADU (attached or detached) shall be permitted.
(3) The accessory dwelling unit shall comply with all setbacks and height requirements of the main structure.
(4) The area of the ADU and the area of the main structure shall not exceed the maximum lot coverage allowance.
(5) The property owner shall occupy one of the structures.
(6) The ADU shall not be used as a short-term rental.
(7) The ADU structure shall be designed architecturally to match the style and design of the main structure including exterior materials, color, and roof pitch.
(8) The minimum size of an ADU shall be 400 square feet. The maximum size of an ADU shall be 75% of the gross square footage of the primary structure.
(9) Parking shall be provided on the lot for both dwelling units according to residential parking standards found in § 155.369 Number of Spaces Required. Separate parking slabs shall not be permitted. Parking for both dwellings should be along the same side of the main structure, or in the back to minimize the view of vehicles.
(10) Both the main dwelling unit and the accessory dwelling will share the same address. The property shall not receive double addresses. However, each unit may receive a letter for separation purposes.
(11) Neither unit shall be sold separately from the other. While there may be two units (main and accessory) they shall be sold together as there is one sellable lot/parcel.
(12) Accessory dwelling units - tiny homes. Tiny homes that are acknowledged by HUD as manufactured homes and constructed to the International Building Code may be used as an accessory dwelling unit. However, the owner is required to prove that the tiny home meets these requirements. Otherwise, it shall be considered a recreation vehicle for the purposes of this code and will not be allowed to be used for ADU purposes.
(a) Those tiny homes that are deemed compatible with the above requirement shall be permanently attached to a concrete foundation.
(b) The tiny home shall be permanently attached to and approved for all required utilities.
(c) Building inspections shall be required for all foundation and utility connections to ensure correct installation.
(d) All manufactured home running gear, tongues, axles, and wheels must be removed at the time of installation.
(e) The dwelling shall comply with division (7) above.
(13) Home occupations. The property owner, or occupant of the main dwelling unit (if the property owner is occupying the ADU) shall be permitted to run a home occupation according to the standards defined within § 155.323 of the MCC.
(14) Violations of this section shall result in enforcement procedures as required in § 155.999. The following conditions shall constitute a violation:
(a) Construction or placement of a tiny/manufactured home on a property as an accessory dwelling unit without receiving land use approval and all required permits.
(b) Changing materials or design from approved design.
(c) Except for any legally conforming structure, any existing detached accessory dwelling unit that was constructed prior to adoption of this section shall be considered a violation if the property owner does not apply within six months to bring the ADU into compliance.
(Prior Code, § 8-6-33) (Ord. 10-17, passed 12-14-2010; Ord. 21-09, passed 7-6-2021; Ord. 23-21, passed 12-19-2023)