(a) Minimum Lot Size. Accessory dwellings may be constructed on any lot within the allowed districts regardless of if the lot size of the parcel is conforming or non-conforming. Attached and internal accessory dwelling units may be built on any lot with an existing single-family dwelling including those that are nonconforming, provided the accessory dwelling would not increase the nonconformity of the residential use with respect to building height, bulk, or lot coverage.
(b) Manufactured and Modular Dwelling Units. A manufactured or modular dwelling unit may be used as an accessory dwelling unit in any zone in which accessory dwelling units are permitted provided that the manufactured or modular dwelling unit complies with all other requirements.
(c) Lot Coverage Limits and Size. An accessory dwelling unit (detached, attached, or built by expanding the footprint of an existing dwelling) on a lot of 4,000 square feet or larger shall not occupy more than fifteen percent (15%) of the total lot area. For single family lots of less than 4,000 square feet, the combined lot coverage of the principal dwelling and the accessory dwelling shall not exceed sixty percent (60%) of the total lot area provided that all other requirements are met. Additionally, the total square footage of any accessory dwelling must be less than that of the principal dwelling.
(d) Accessory Dwelling Unit Setbacks.
(1) Side yard setbacks - if located in the rear yard (past the existing principal dwelling), the setback requirement is three (3) feet for each side yard. If located in the side yard, the District regulations will apply.
(2) Rear yard - when located in the rear yard, the setback is five (5) feet from the rear property line. If located in the side yard, the District regulations will apply.
(3) Any accessory dwelling in any district when not located in the rear yard shall be located ten (10) feet beyond the required front yard setback established in the District regulations.
(e) Accessory Dwelling Unit Height Limit. The maximum height of an accessory dwelling is twenty-five (25) feet or the height of the principal residence, based on the highest point of its roof compared with the lowest point of ground level at the foundation, whichever is less.
(f) Orientation of Entrance. The authorization and location of access doors and stairs for detached and attached accessory dwellings are the same as for principal dwellings within any R-District and B- District.
(g) Parking Requirements. No additional off-street parking is required for the construction or addition of an accessory dwelling unit to a property provided that all other requirements have been met. However, if the construction of the accessory unit necessitates the removal of an existing off-street parking space it must be replaced on-site if required by the Zoning District in which the property is located.
(h) Short-Term Rentals. Accessory dwelling units shall comply with all short-term rental regulations established for the Zoning District in which the dwelling is located.
(i) Separate Sale of an Accessory Dwelling. An accessory dwelling shall not be sold or transferred independent of the principal dwelling unit for which it serves as an accessory structure.
(j) Owner Occupancy Standards.
(1) An accessory dwelling unit is permitted only when such dwelling is serving as an accessory structure to the principal residence of the property owner.
(2) In the case that a property owner uses more than one property as a residence, the determination of the property owner's principal residence depends upon all facts and circumstances. If a property owner alternates between multiple properties, using each as a residence for successive periods of time, the property that the property owner uses a majority of the time during the year will be considered the property owner's principal residence. Additional factors used to determine a property owner's principal residence include, but are not limited to:
A. The owner's place of employment;
B. The principal place of abode of the property owner's family members;
C. The address listed on the owner's state and federal tax returns, photo identification, automobile registration, and voter registration;
D. The property owner's mailing address for bills and correspondence; and
E. The location of the property owner's banks.
(Ord. 0-1712. Passed 8-23-22.)