An owner-occupied single-family detached dwelling unit may be allowed to include an accessory dwelling unit (ADU) on the same zoning lot if the Board of Adjustment makes the required findings for the granting of a conditional use permit, which permit shall be subject to the following requirements together with any additional conditions of approval that the Board may find to be necessary and appropriate.
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OWNER-OCCUPIED. Either the primary dwelling unit or the ADU is the legal residence of the owner of the property, as reflected in title records and as evidenced by voter registration, vehicle registration, contract of sale or similar documentation.
PRIMARY DWELLING UNIT. The largest dwelling unit on the lot, and that is fully compliant with minimum floor area requirements of city codes and all applicable restrictive covenants.
(B) Occupancy of both the primary dwelling unit and the ADU shall be restricted to the property owner and persons who are related to the property owner by blood, marriage or adoption, or who provide nursing care or assisted living services exclusively to said property owner or contract purchaser in exchange for lodging and other compensation. The total number of persons occupying the primary dwelling unit and the ADU shall in sum not exceed the maximum number of persons that constitute a single-family or household, as defined by this Code.
(C) The property owner shall not at any time receive rent or other compensation or consideration for either or both units. No ADU shall be sold, leased, divided or otherwise segregated in ownership from the primary dwelling unit.
(D) No ADU shall have more than 800 square feet of floor area, exclusive of garage, porch or deck area; more than two bedrooms; or comprise more than 40% of the building’s total floor area, exclusive of garages, porches, decks or other accessory structures or space.
(E) The building as a whole and the ADU specifically, shall be designed in such manner that to the degree reasonably feasible, the building appears to be a single-family detached dwelling unit in keeping with the neighborhood. No ADU shall be located in and be a part of a guest house, detached garage or other detached building.
(F) A minimum of two off-street parking spaces shall be provided for the ADU in addition to the off-street parking spaces that are required for the primary dwelling unit, which spaces may be in tandem, unless the occupants of either the primary dwelling unit are unable to legally operate a motor vehicle by reason of physical infirmity.
(G) Not more than one ADU shall be allowed on any lot. Home occupations and guest homes shall be prohibited on lots having an ADU.
(H) (1) The property owner shall provide a covenant or other form of deed restriction in a form acceptable to City Legal Counsel and suitable for official recording with the county, providing notice to prospective future buyers or owners of the property that the ADU is restricted as set forth herein, and providing for the ADU to be eliminated and said floor area to become part of the primary dwelling unit and to restore the lot and building to a single-family detached dwelling unit.
(2) Said covenant shall also provide for restoration of the property and building to be a single- family dwelling unit by complete removal of the ADU, in the event that any requirement of this Code or condition of approval of the conditional use permit is violated.
(I) The property owner shall file an owner’s certificate of occupancy in a form acceptable to City Legal Counsel, evidencing continued legal residency of both the primary dwelling unit and ADU, each calendar year and no later than April 1 of each calendar year.