Bell City Zoning Code
CHAPTER 17
54 ACCESSORY DWELLING UNITS
§ 17.54.010 Purpose.
§ 17.54.020 Definitions.
means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit may include the following:
means a kitchen that includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
means a unit that is no more than 500 square feet in size and contained within a single-family residence.
means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit or junior accessory dwelling unit.
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(Ord. 1266 § 9, 2020)
§ 17.54.030 Review process.
Applications for accessory dwelling units and junior accessory dwelling units pursuant to this chapter shall be processed ministerially within 60 days from the date the city receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the application for the accessory dwelling unit or the junior accessory dwelling unit until the city acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60 day time period shall be tolled for the period of the delay. Applications for accessory dwelling units and junior accessory dwelling units shall be processed in accordance with the procedures described in Section 17.92.060 of this code.
(Ord. 1266 § 9, 2020)
§ 17.54.040 Permitted zones.
Accessory dwelling units are permitted in the R-1, R-2, R-3, and C-3R zones subject to the requirements of this chapter. Accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the R-1, R-2, R-3, and C-3R zones.
(Ord. 1266 § 9, 2020)
§ 17.54.050 Development standards.
A.
Location.
1.
An accessory dwelling unit shall be attached to or located within a proposed or existing single-family or multifamily dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or shall be detached from, but located on the same lot as, a proposed or existing single-family or multifamily dwelling.
2.
An accessory dwelling unit located within a multifamily dwelling structure shall be located within a portion of the structure not used as livable space, including, but not limited to, a storage room, boiler room, passageway, attic, basement, or garage, provided that each unit shall comply with state building standards for dwellings.
3.
A junior accessory dwelling unit shall be located within or attached to a proposed or existing single-family dwelling structure. For purposes of this subsection (A)(3), a single-family dwelling structure does not include a detached garage.
B.
Number of Accessory Dwelling Units per Lot.
1.
Up to one accessory dwelling unit and one junior accessory dwelling unit are allowed on any lot with one or more existing or proposed single-family residences.
2.
One, but not both, of the following options is permitted on a lot with an existing multifamily residence:
a.
Detached accessory dwelling unit(s). Up to two detached accessory dwelling units are allowed on a lot with an existing multifamily residence.
b.
Accessory dwelling unit(s) within the multifamily dwelling structure. The amount of accessory dwelling units allowed within a multifamily dwelling structure shall be equal to 25% of the amount of units in the multifamily dwelling structure, provided that fractional units shall be rounded down, and at least one accessory dwelling unit shall be allowed in each multifamily dwelling structure. For example, one accessory dwelling unit is allowed in a multifamily dwelling structure with seven or fewer units; two accessory dwelling units are allowed in a multifamily dwelling structure with eight to 11 units; and three accessory dwelling units are allowed in a multifamily dwelling structure with 12 units.
3.
If a lot has both one or more existing or proposed single-family residences and an existing multi-family residence, the owner of the lot may elect to develop the lot under either subsection (B)(1) or subsection (B)(2), but not both. The owner's election shall be noted on any development permit issued by the city and in the deed restriction required by Section 17.54.080, and all future development of accessory dwelling units and junior accessory dwelling units on the lot shall be bound by such election.
C.
Required Facilities.
1.
Accessory dwelling units shall include complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom.
2.
Junior accessory dwelling units shall include living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen. Junior accessory dwelling units may include separate sanitation facilities or may share sanitation facilities with the primary residence.
D.
Separate Entrances. Junior accessory dwelling units and accessory dwelling units located within a primary residence or attached to a primary residence shall include an entrance that is separate from the main entrance to the primary residence. However, no passageway to the unit is required.
E.
Development Standards.
1.
An accessory dwelling unit shall comply with the development standards in Table 17.54.050-1 (Development Standards for Accessory Dwelling Units and Junior Accessory Dwelling Units).
TABLE 17.54.050-1 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS | |
|---|---|
Feature | Standard |
Maximum Size (Floor Area) | |
Accessory Dwelling Units | 50% of the floor area of the existing or proposed primary dwelling structure1 or 1,200 square feet, whichever is less |
Junior Accessory Dwelling Units | 50% of the floor area of the existing primary dwelling structure1 or 500 square feet, whichever is less |
Setback – Front2 | Same as main building |
Setback – Side/Rear2 | 4 feet3 |
Maximum Height | 1 story and up to 16 feet4 |
Minimum Lot Size | None |
1 | Including an attached garage, exterior storage space, or other structure that is attached to the primary dwelling, but not including an attached accessory dwelling unit or junior accessory dwelling unit. |
2 | Setback requirements only apply to construction of new buildings, whether attached to or detached from the primary dwelling, that are not constructed in the same location and to the same dimensions as an existing structure. No setback is required for the conversion of an existing living area, garage, or accessory structure, or a new structure constructed in the same location as an existing structure, to an accessory dwelling unit or junior accessory dwelling unit where the unit will not change the dimensions of the existing structure. |
3 | If an applicant wishes to convert an existing accessory structure to an accessory dwelling unit, and wishes to expand the physical dimensions of the existing accessory structure, the interior side and rear setback requirement for the expansion may be less than four feet if the proposed setback would be sufficient to protect health and fire safety, provided that the expansion shall not be more than 150 square feet beyond the physical dimensions of the existing accessory structure and the expansion shall be for the sole purpose of facilitating entrance to and exit from the accessory dwelling unit. |
4 | An accessory dwelling unit may be built on top of a one story detached garage or other detached structure in the R-2, R-3, and C-3R zoning districts. An accessory dwelling unit may not be built on top of a detached garage or any other detached structure in the R-1 zoning district. |
2.
Except as provided in Table 17.54.050-1, accessory dwelling units and junior accessory dwelling units shall comply with all building and development standards applicable to the primary residence, including maximum lot coverage requirements, subject to subsection (E)(5), below.
3.
Subject to subsection (E)(5), below, all lots with a detached accessory dwelling unit shall provide a minimum of 100 square feet of private open space located on the ground floor with a minimum of 10 feet in its least dimension (that is, neither the length nor the width of the private open space shall be less than 10 feet in length).
a.
The required private open space area may be located within the required rear and side setback areas.
b.
The required private open space area shall be located immediately adjacent to and easily accessible from the accessory dwelling unit.
c.
The required private open space area may be accommodated by a covered patio or porch provided that the patio or porch complies with the minimum structural setback requirements for the accessory dwelling unit.
4.
Subject to subsection (E)(5), below, the minimum separation between the primary dwelling unit and a detached accessory dwelling unit shall be 10 feet.
5.
If the applicable maximum lot coverage requirement, or the 50% size ratio imposed in Table 17.54.050-1, or the requirements in subsections (E)(3) or (E)(4), above, would prevent the approval of an attached or detached accessory dwelling unit that is at least 800 square feet, then an applicant shall, nonetheless, be permitted to construct an attached or detached accessory dwelling unit that is up to 800 square feet, provided that the unit shall comply will all other development standards.
6.
Any attached accessory dwelling unit or junior accessory dwelling unit shall be attached to the living area of the primary unit by a common wall, floor, or ceiling and not simply by an attached breezeway, porch, or patio.
7.
Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit.
8.
Notwithstanding any provision in Chapter 17.100 to the contrary, approval of a permit for the creation of an accessory dwelling unit or junior accessory dwelling unit shall not be conditioned on the correction of nonconforming conditions on the subject property.
9.
Accessory dwelling units and junior accessory dwelling units must comply with the building code, fire code, health and safety codes, and noise insulation standards applicable at the time the building permit for the accessory dwelling unit or junior accessory dwelling unit is issued.
10.
An accessory dwelling unit may be metered separately from the main dwelling for gas, electricity and water services. A sewer connection separate from the main dwelling may also be provided.
(Ord. 1266 § 9, 2020)
§ 17.54.060 Design standards.
The architectural design and detailing, roof material, and exterior color and finish materials of an accessory dwelling unit or junior accessory dwelling unit shall match the primary dwelling.
(Ord. 1266 § 9, 2020)
§ 17.54.070 Parking requirements.
A.
One on-site parking space shall be provided for each accessory dwelling unit on a lot, except as otherwise provided in subsection (C).
B.
No additional parking spaces are required for a junior accessory dwelling unit.
C.
Notwithstanding subsection (A), no additional parking is required for accessory dwelling units in the following circumstances:
1.
The accessory dwelling unit is located within one-half mile walking distance of public transit.
2.
The accessory dwelling unit is located within an architecturally and historically significant historic district.
3.
The accessory dwelling unit is located entirely within the proposed or existing primary residence or an accessory structure.
4.
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5.
When there is a car share vehicle located within one block of the accessory dwelling unit.
D.
Off-street parking may be provided in setback areas in locations determined by the director or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based on specific site or regional topographical or fire and life safety conditions.
E.
Off-street parking spaces do not need to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit.
(Ord. 1266 § 9, 2020)
§ 17.54.080 Deed restriction.
The approval of an accessory dwelling unit or junior accessory dwelling unit will be conditioned on the recordation of a deed restriction, which shall run with the land, and will be recorded by the city on the property where the unit is, or will be, located. The covenant shall be approved by the city attorney and the community development director. The property owner shall bear the cost of recording the deed restriction. The deed restriction shall include the following:
A.
A prohibition on the sale of the unit separate from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers.
C.
An election made under Section 17.54.050(B)(3).
(Ord. 1266 § 9, 2020)
§ 17.54.090 Sale and rental of units.
A.
Accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence.
B.
An accessory dwelling unit or junior accessory dwelling unit may be rented separate from the primary residence but may not be rented for a term of less than 31 consecutive days.
(Ord. 1266 § 9, 2020)
§ 17.54.100 Owner occupancy for junior accessory dwelling units.
The property owner must reside in any single-family residence that includes a junior accessory dwelling unit. The owner may reside in either the junior accessory dwelling unit or the remaining portion of the structure. However, owner-occupancy is not required if the owner is a government agency, land trust, or housing organization.
(Ord. 1266 § 9, 2020)