§ 165.261 ACCESSORY DWELLING STANDARDS.

   This accessory dwelling standards section applies to the following zoning district: HI. The intent of the accessory dwelling standards is to provide an opportunity for an accessory dwelling while ensuring that specific conditions are met to protect the health, safety and welfare of the residents. The following standards apply.

   (A)   Applicability. An accessory dwelling shall meet the applicable setbacks and structure heights for accessory structures as indicated on the layout.

      (1)   Minimum front yard setback. The minimum front yard setback shall be as indicated on the applicable layout in §§ 165.085 through 165.108.

      (2)   Minimum side yard setback. The minimum side yard setback shall be as indicated on the applicable layout in §§ 165.085 through 165.108.

      (3)   Minimum rear yard setback. The minimum rear yard setback shall be as indicated on the applicable layout in §§ 165.085 through 165.108.

      (4)   Maximum structure height. The maximum structure height shall be as indicated on the applicable layout in §§ 165.085 through 165.108.

   (B)   Permits. An improvement location permit shall be required prior to the construction of an accessory dwelling or the conversion of an accessory structure to an accessory dwelling.

   (C)   Types. An accessory dwelling may be permitted on a lot only if the primary structure (i.e., primary dwelling) is owner-occupied.

      (1)   Permitted. An accessory dwelling may include a guest house, mother-in-law suite or any single dwelling.

      (2)   Prohibited. A mobile home, manufactured home, recreational vehicle, semi-tractor trailer, boat, motor vehicle or trailer; in part, in whole or of the like, shall not be permitted as an accessory dwelling.

   (D)   Relationship.

      (1)   Use. An accessory dwelling shall be ancillary and complementary to the use of the primary structure (i.e., primary dwelling). An accessory dwelling shall not be permitted if the primary structure was converted to anything other than single-family residential.

      (2)   Timing. An accessory dwelling shall not be constructed on a lot prior to the construction of the primary structure (i.e., primary dwelling).

   (E)   Quantity and size.

      (1)   Maximum number. No more than one accessory dwelling shall be permitted on a lot.

      (2)   Size. An accessory dwelling shall be a minimum of 500 square feet and shall not exceed 40% of the square feet of the primary structure (i.e., primary dwelling). If the square feet of the primary structure is less than 1,250 square feet the accessory dwelling shall be between 400 square feet and 600 square feet in area.

   (F)   Design.

      (1)   Attachment. The accessory dwelling may be attached to or detached from the primary structure (i.e., primary dwelling).

      (2)   Minimum components. The accessory dwelling shall contain bathroom, kitchen and sleeping facilities.

      (3)   Driveway. An accessory dwelling shall utilize the driveway of the primary structure (i.e., primary dwelling).

      (4)   Parking. At least one parking space shall be available for an accessory dwelling.

      (5)   Utilities. An accessory dwelling shall utilize the utility connections that serve the primary structure (i.e., primary dwelling).

      (6)   Home business. A home business (Type 1) or home business (Type 2) may be conducted within an accessory dwelling during or after use as an accessory dwelling, and according to § 165.272(A) (Type 1 Home Business Standards) and § 165.272(B) (Type 2 Home Business Standards).

      (7)   Exemptions. A detached accessory dwelling shall be exempt from complying with the architectural standards and landscaping standards.

      (8)   Accessory structures.

         (a)   A detached accessory dwelling shall be considered ancillary and complementary to the primary structure (i.e., primary dwelling). The accessory dwelling shall not be permitted to have its own accessory structures; all accessory structures on the lot shall be considered accessory to the primary structure (i.e., primary dwelling).

         (b)   Accessory dwellings shall not count towards the maximum number and maximum size standards for accessory structures included in accessory structure standards.

      (9)   Physical appearance. The exterior finish and facade of any accessory dwelling shall match, closely resemble or significantly complement the materials and colors used on the primary structure (i.e., primary dwelling).

(Ord. 10-2010, passed - -2010, § 5.03)