All detached accessory dwelling units (ADU) must conform to the following standards:
(A) Parking. One parking space shall be provided on-site for each studio and one bedroom accessory unit. Two parking spaces shall be provided on site for each two bedroom accessory unit. Parking for the accessory unit is in addition to the required parking for the primary residence.
(B) Unit size. In no case shall an ADU consist of less than 650 heated square feet of floor area, and can be no more than 67% of the size of the primary residence (for example, 67% of 1,000 SF, the minimum primary SF, is 670 SF).
(C) Setbacks. The ADU shall meet all setbacks as required by the current zoning. The ADU cannot be located in front of the primary residence on a typical subdivision lot.
(D) Separation. The ADU shall meet State Fire Code regulations for separation of structures.
(E) Height. The ADU shall not exceed the height of the primary structure.
(F) Existing development on lot. A single-family dwelling exists on the lot or will be constructed in conjunction with the accessory unit.
(G) Number of accessory units per parcel. Only one accessory dwelling unit shall be allowed for each parcel.
(H) Deed restrictions. Before obtaining a building permit for an accessory dwelling unit the property owner shall file with the Circuit Clerk a declaration of restrictions containing a reference to the deed under which the property was acquired by the present owner and stating that:
(1) The accessory unit shall not be sold separately, unless the property is properly split and conforms to zoning.
(2) The unit is restricted to the approved size.
(3) The use permit for the accessory unit shall be in effect only so long as either the main residence, or the accessory unit, is occupied by the owner of record as the principal residence.
(a) The homeowner may designate a person to act as the property owner, record this person with the city, and allow this person to live on and manage the property in the homeowner's absence. Exceptions will be granted for "unforeseen circumstances" such as an active military deployment or illness that prevents the property owner from living on the property. If such an event were to occur, the planning director must give approval for a rental to remain active.
(4) Density. In the single-dwelling zones, ADUs are not included in the minimum or maximum density calculations for a site.
(I) Architectural features of ADUs shall conform with the single family character of the neighborhood, and be constructed with similar material, as the primary residence.
(J) If you have signed a private covenant prohibiting ADUs, you cannot build one. A homeowners' association may have rules against the construction and/or rental of ADUs. You must follow their rules, whether or not your property meets all the other ADU requirements. Be sure to check with your homeowners association before proceeding with plans.
(Ord. 2019-03-836, passed 3-5-19)