(A) Existing single-family unit required. The lot proposed for an ADU must already contain an existing single-family unit. A maximum of one ADU may be allowed per parcel. An ADU shall not be allowed where it is not permitted within the zoning district or where it may violate a subdivision’s private covenants or restrictions.
(B) Ownership. The owner of the property shall reside in either the accessory or the principal dwelling unit.
(C) Minimum lot size for detached ADUs. An ADU may be developed on a lot meeting the minimum size for single-family dwellings within the respective zoning district, except that a detached accessory unit may be developed only if the lot size is at least 150% of the minimum single-family lot size, provided that the individual sewage treatment system requirements of this ordinance can be met.
(D) Minimum dwelling size requirements. An ADU shall not exceed 40% of the living area of the principal dwelling unit. An ADU shall not be smaller than 300 square feet in area or larger than 800 square feet, nor shall it contain more than two bedrooms.
(1) An exception may be made for disabled persons of child-bearing age, allowing a maximum size of 1,000 square feet and up to three bedrooms without a variance.
(2) A garage or portion of a garage that is used for the storage of automobiles and personal items shall not be counted as part of the living area and shall not contain any habitable space. For an ADU located above a garage, only the habitable portion shall count towards size requirements.
(E) Facilities. An ADU shall not contain more than two bathrooms, one kitchen (with or without eating area), one utility room and one living room or combination living/dining room.
(F) Screening and orientation. The orientation of the proposed ADU shall, to the maximum extent practical, maintain the privacy of residents of adjoining dwellings, as determined by the presence or design of landscape screening, fencing and window and door placement.
(G) Location on lot. A detached ADU must be located in the side or rear yard of the principal dwelling and separated by at least 20 feet but not more than 150 feet from the principal dwelling. The ADU shall be separated by at least 20 feet from all other structures on the subject property.
(H) Setbacks. The ADU shall meet or exceed the front, side and rear yard setbacks for principal structures of the applicable zoning district.
(I) Driveway. A detached ADU shall be served by the same driveway that serves the principal single-family dwelling, except when the ADU is accessed more conveniently from a different road, street or alley (i.e., if located on a double frontage lot or close to a side street or alley).
(J) Parking area. Two parking spaces shall be required for each ADU.
(K) Further subdivision prohibited. A detached ADU shall not be subdivided or otherwise segregated in ownership from the principal dwelling unit. The ADU shall not be sold, but may be rented.
(L) Deed restriction. Before securing approval for construction of an ADU, the owner of the property shall record against the deed, a deed restriction running in favor of the municipality limiting ownership of either the principal dwelling unit or the ADU to the owner of the property or to a common interest community.
(M) Maximum number of residents. The number of occupants of the ADU shall not exceed three, with the exception of persons with limited intellectual or physical abilities of child-bearing use. In this case, maximum occupants shall be five and shall be lineal family.
(N) Elimination/expiration. Elimination of an ADU may be accomplished by the owner recording a certificate with the County Recorder stating that the accessory dwelling no longer exists on the property.
(Ord. 97, passed 7-21-2009)