A. Purpose: The purpose of this section is to establish use and development regulations for accessory dwelling units (ADU). These regulations are adopted for the following purposes:
1. To allow city residents to house elderly parents, disabled relatives and other family members under conditions where those family members can enjoy a degree of independence while also having assistance readily available when needed.
2. To accommodate such housing in single-family residential neighborhoods with minimal impacts on the neighborhood in terms of traffic, noise, parking, congestion, and compatible scale and appearance of residential buildings.
3. To prevent the proliferation of rental dwellings, absentee ownership, property disinvestment, building code violations, and associated decline in quality of single-family residential neighborhoods.
4. To establish uniform standards for ADUs.
B. Scope: The requirements of this section shall apply to any ADU within the city. Such requirements shall not be constructed to prohibit or limit other applicable provisions of this title, and other laws. An ADU that conforms to the development standards of subsection C of this section shall be subject to a conditional use permit in all residential zones.
C. Development Standards; Permitted Use: The development standards set forth in this section shall apply to any ADU allowed as a conditional use:
1. Location: An accessory dwelling unit (ADU) shall be allowed only within or attached to an owner occupied single- family dwelling. In addition, an ADU shall not be allowed on a lot or parcel which fronts onto a street (whether a public or private street) which has a paved roadway less than thirty feet (30') wide.
2. Number Of Accessory Dwelling Units And/Or Guesthouses: A maximum of one ADU shall be allowed within or attached to each owner occupied single-family dwelling. No lot or parcel shall simultaneously include an ADU and a guesthouse.
3. Parking: A single-family dwelling with an ADU shall provide at least three (3) off street parking stalls conforming with the city parking standards specified elsewhere in this title. No more than two (2) parking stalls shall be within the side or rear yard setbacks adjacent to a street. No parking for the ADU shall be allowed within the front yard setback area. Parking stalls shall be paved with concrete, masonry or concrete pavers. Gravel parking stalls or driveways may be allowed at the discretion of the zoning administrator; provided, that the structure to be used as an ADU was in existence at the time of adoption hereof, the structure was accessed or served by a gravel driveway and/or parking stalls at the time of adoption hereof, and the surface is sufficient to allow for access by public safety vehicles.
4. Utility Metering: No separate utility metering for the ADU shall be allowed, and the utility service shall be in the property owner's name.
5. Minimum And Maximum Size Of Accessory Dwelling Unit: An ADU shall not be larger than the single-family dwelling to which it is accessory. An ADU is not subject to other minimum or maximum square footage requirements; provided, that dimensions and sizes of living areas, kitchen areas, sleeping areas and bathroom facilities shall comply with applicable provisions of the international building code and the international housing code as may be adopted by the city.
6. Construction Codes: An ADU shall comply with the construction housing codes in effect at the time the ADU is constructed, created as a separate dwelling, or subsequently remodeled. This shall include the obtaining of a building or other permits as the codes may require.
7. Building Entrances: An ADU that is added on to an existing single-family dwelling or is part of an approved new single- family dwelling shall not have a separate entrance, the sole purpose of which is to provide access to the ADU at the front or side of the building facing a street.
8. Architecture: An ADU that is added on to an existing single-family dwelling or a new single-family dwelling that is designed to accommodate an ADU shall not resemble a multi- family structure in terms of the scattered placement of garage doors, carports, or number or location of outside entries or porches. The architectural design and materials of an addition for an ADU shall match the existing single-family dwelling so that the addition appears to be part of the original building.
9. Access Between Units: An unrestricted passage shall exist between an ADU and the principal single-family dwelling in which it is located. Use of such passage shall not require going out of doors, using a key, or passing through a garage or unfinished part of the dwelling.
10. Compensation: The property owner shall not charge any rent or other form of compensation for the use of the ADU by any occupant thereof.
D. Conditional Use: If a proposed ADU does not satisfy the requirements set forth in subsection C of this section, no additional dwelling may be created unless a conditional use permit for a second dwelling has been approved in accordance with city regulations regarding the establishment of a second dwelling unit on property ordinarily restricted to only one dwelling unit.
E. Notice: Upon approval of an accessory dwelling unit permit by the city, the owner of the property where the ADU is located shall execute a notice of accessory dwelling unit approval. Such notice shall define the approved use and any restrictions or conditions of approval. The city shall record the notice with the county recorder. (Ord. 2008-002, 2008)