Publisher's Note: This Section has been AMENDED by new legislation (Ord. 23-22). The text of the amendment will be incorporated below when the ordinance is codified.
A. Purpose: Create an affordable housing option for the Whitefish workforce and Whitefish residents that responds to downsize trends, smaller households, and provides a supplemental income stream for owners of residential property. ADUs support an efficient use of existing housing stock and public infrastructure, provide an environmentally friendly, more sustainable housing choice with less average space per person.
B. An accessory dwelling unit may be detached from or attached to a primary single-family dwelling or attached to a garage located behind on the same lot as the primary single-family dwelling. The floor area of the accessory unit shall not exceed six hundred (600) square feet. The height of a detached ADU may not exceed twenty-six (26) feet and may not exceed two stories. The accessory unit must include kitchen and bathroom facilities.
C. Only one ADU or guesthouse per lot is permitted. ADUs must remain accessory to the primary single-family home and may not be separately sold or transferred to another owner.
D. Any part of a structure non-conforming with respect to setbacks and/or height may be used for an ADU provided the degree of non-conformity is not increased.
E. One off street parking space must be provided for the accessory unit in addition to the parking requirements of the primary dwelling, in accordance with the parking and loading provisions of this title.
F. Exterior stairs for access to an upper level attached ADU should not be located on the front of the primary residential unit unless existing prior to the ADU.
G. Design of a detached ADU should be consistent with ADU Design Guidelines and Best Practices.
H. If a property owner chooses to enter into a long-term lease for a local resident and opts to place a deed restriction on their property for its long-term lease to a local resident with a minimum of a twelve (12) months lease for a minimum of five (5) years, the project is eligible for the following incentives:
1. ADU maximum floor area may be increased to up to eight hundred (800) square feet.
2. No additional off-street parking space requirement for the ADU.
3. Potential additional incentives per the Legacy Homes Program Administrative Procedures. (Ord. 04-03, 3-1-2004; amd. Ord. 22-06, 5-16-2022)