(A) Intent: This section is intended to ensure that accessory dwelling units located in residential districts do not adversely impact adjacent residential parcels or the surrounding neighborhood and are developed in a manner which protects the integrity of the residential district, while providing for needed housing opportunities for owners of eligible parcels.
(B) Applicability: The provisions of this section shall apply to all lots that are occupied with a single-family dwelling within residential zone districts. Accessory dwelling units (ADUs) are not calculated for the maximum allowable density for the lot upon which the unit is located. All ADUs are considered a residential use that is consistent with the General Plan and zoning designations for the lot.
(C) Development Standards: The following standards shall apply to all accessory dwelling units:
1. Limitation: Only one ADU is permitted per lot with an existing single-family or up to a four-unit residence. Multiple-family residential developments may have up to two (2) ADU units.
2. Sale Prohibited; Rental: The units are prohibited from being sold separate from the primary residence, but may be rented.
3. Junior Accessory Dwelling Unit or jADU: An ADU within an existing space of the primary single-family residence, and are subject to:
(a) Only one (1) jADU is permitted per single-family residence. The single-family residence is permitted one (1) jADU and one (1) attached or detached ADU subject to the provisions of section 4 below.
(b) The applicable Building Code at time of permit application.
(c) Shall be a minimum of seventy (70) square feet in size.
(d) Providing an independent exterior access from primary residence.
(d) Sufficient setbacks for fire safety.
(e) An ADU within the existing space of a primary residence shall not reduce floor area of the primary residence to less than one thousand (1,000) square feet.
4. Attached and Detached Accessory Dwelling Units:
(a) Applicable Location: The lot is located within a residential zone district and contains an existing single-family dwelling.
(b) Location: The ADU may be attached or detached from the existing single-family dwelling and shall be located on the same lot as the single-family dwelling.
(c) Minimum Floor Area, Maximum Unit Size: The attached or detached ADUs shall have a minimum floor area of two hundred twenty (220) square feet and up to:
(1) Six hundred (600) square feet on lots up to seven thousand four hundred ninety-nine (7,499) square feet.
(2) Nine hundred (900) square feet on lots between seven thousand five hundred (7,500) and twelve thousand four hundred ninety-nine (12,499) square feet.
(3) Twelve hundred (1,200) square feet for lots twelve thousand five hundred (12,500) square feet or greater.
(d) Bathroom, Kitchen Required: ADUs shall provide a full bathroom and, at a minimum, an efficiency kitchen. A JADU may share a bathroom with the primary residence.
(e) Occupancy: ADUs shall have a maximum occupancy of two (2) persons per bedroom plus one additional person for the overall unit. Studio units with no defined bedroom area shall have a maximum occupancy of two (2) persons. Should a property have both an ADU and JADU, the JADU or single-family residence must be owner-occupied.
(f) Standards: All structures on the lot are subject to subsection 6-4-3(B), table 4.B, “Site Development Standards”, of this title, particularly lot coverage, except that an attached or detached ADU may be located within four feet (4') of any side or rear property line.
(g) Design Standards: All attached and detached ADUs shall be architecturally consistent with the main dwelling unit, including exterior wall finishes, paint color, roofing materials, windows, and other architectural details.
(h) Parking: The primary residence shall be compliant with section 6-14-2, table 14.A, “Off Street Automobile Parking Space Requirements”, of this title prior to approval of an ADU on the same lot.
(1) Parking for the ADU shall be provided at a rate of one space per bedroom or per unit, whichever is less.
(2) Required parking shall be a paved space and be provided on the same lot as the primary residence and ADU.
(3) The required parking spaces may be accommodated by an available tandem space on an existing driveway or by providing additional driveway space or a parking area accessible from an alley.
(4) A driveway in the front yard of a lot shall not exceed fifty percent (50%) of the width of the lot.
(i) Garage, Parking: A garage structure may be converted to an ADU if it meets the standards of this section. If garage conversion occupies the required spaces for the primary residence, new parking for the primary residence shall be provided per section 6-14-2, table 14.A of this title.
(j) Fire Sprinklers: An ADU shall not be required to provide fire sprinklers if they were not required of the primary residence.
(k) Conversions: Conversions of accessory structures are not subject to any additional development standard, such as unit size, height, and lot coverage requirements, and shall be from existing space that can be made safe under building and safety codes.
5. Sewer and Water Utilities: Accessory dwelling units shall have adequate water supply and sewer service. An ADU is not required to have a separate service connection and shall not have a separate meter.
(D) Applications Requirements: Accessory dwelling units shall be reviewed and permitted through a building permit application, which will determine compliance with subsection (C) of this section. The Planning Director, or their designee, may approve an ADU that is not in compliance with subsection (C) of this section as set forth in subsection (E) of this section.
(E) Review Process for ADUs Not Complying with Development Standards: An ADU that does not comply with the development standards of this section may be permitted through a site plan review at the discretion of the Planning Director and project assistance team subject to findings in subsection (F) of this section.
(F) Findings:
1. Approval: The Planning Director and project assistance team may waive, reduce, or amend required parking requirements, setback standards, occupancy limits, or other ADU and site development standards if the strict or literal application and enforcement of the standard would result in unnecessary hardship, excepting financial hardships, not otherwise shared by others within the surrounding area.
2. Denial: The Planning Director and project assistance team may deny a permit for an ADU if the waived standards are found to be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.
3. Time Frames: An application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Ord. 825-17, 4-4-2017; amd. Ord. 832-18, 4-17-2018; Ord. 846-22, 3-15-2022; Ord. 849-22, 12-6-2022)