The purpose of this chapter is to: allow a more economic and efficient use of the City's housing supply, land, and infrastructure; provide a mix of housing that responds to changing family needs; provide a means for homeowners, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship and services; protect neighborhood stability and property values; and maintain the appearance and character of Chubbuck's single household neighborhoods. (Ord. 823, 2021)

If the proposed accessory dwelling is located in the A, R-l, R-2 or R-2P zone:

   A.   The owner of the property on which the accessory dwelling is to be created shall occupy one or the other of the dwelling units. For the purposes of this section:

      1.   Owner shall mean one or more individuals who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence; a natural or adopted parent, grandparent, child, grandchild, aunt, uncle, brother, sister, niece, or nephew of the owner of the dwelling may be considered the owner occupying one or the other of the dwelling units.

      2.   Owner occupancy shall mean a property owner who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means, and resides at the site more than six months in any given year.

   B.   Before obtaining a building permit, a deed restriction shall be recorded requiring that either the primary unit or the accessory unit be owner occupied and that the accessory dwelling shall not be sold separately. The deed restriction shall run with the land, but may be lifted at a future time if the main dwelling and the accessory are converted back into a single residence, or the property conforms to current zoning standards. (Ord. 823, 2021)

   A.   An accessory dwelling unit is located on the same lot as a single household dwelling unit, either within the same building as the single household dwelling or in a detached building such as a guest house or attached to a garage. It shall not be attached to a duplex or other multi-family structure.

   B.   An accessory dwelling unit may also be attached to or part of a non-residential structure or land use, such as a caretaker unit, parsonage, live-work unit, or loft apartment. Multiple apartments above or behind commercial space in mixed-use buildings are not considered accessory dwellings.

   C.   Accessory dwelling units are permitted, conditionally permitted, or permitted with restrictions throughout the City, per the Schedule of General Controls; Land Uses by Districts found in 18.08.040. (Ord. 823, 2021)

   A.   Accessory units associated with a single household dwelling shall be smaller than and clearly subordinate to the primary dwelling unit, and no larger than one thousand (1,000) square feet in size. If the accessory dwelling will occupy one level of the home (e.g., basement), it is not feasible to use the remaining area on that level as part of the primary dwelling, and it meets all other requirements of this chapter, it may be authorized by the Director or his designee to occupy the entire level, regardless of size.

   B.   An accessory dwelling unit associated with a non-residential structure or land use shall not be limited in size but must be smaller than, and subordinate to, the primary land use.

   C.   If an accessory dwelling is created from new construction attached to or detached from an existing home, the height thereof shall not exceed the height of the main structure on site, or as permitted by the underlying zoning district, whichever is less. (Ord. 823, 2021)

   A.   For accessory units associated with a single household dwelling, one (1) additional off-street parking space shall be required in addition to the spaces required for the primary dwelling. Garages and carports maybe included in the required amount of off-street parking. Driveway parking spaces shall be at least ten feet (10') wide and twenty feet (20') deep. Garages must be setback from the interior edge of the sidewalk by at least twenty feet (20') to prevent vehicle overhang.

   B.   For accessory units associated with a non-residential structure or land use, parking may be shared with the primary land use, but at least one (1) parking space shall be dedicated for each bedroom if the dwelling is greater than 1,000 square feet in size.

   C.   A waiver to the parking requirements may be granted by the Director subject to documentation that unusual circumstances of the occupancy will result in a reduced need for parking on the premises and will not negatively impact the neighborhood. The waiver and the circumstances allowing for the waiver will be documented in the deed restriction required in Section 18.10.020, above.

   D.   A walkway shall be provided from the accessory unit to the street, and shall be a minimum of three feet (3') wide and shall be finished with a hard all-weather surface. (Ord. 823, 2021)

   A.   In order to maintain an exterior consistent with the primary dwelling and the character of the neighborhood, or the associated non-residential structure or land use, any additions or modifications to create an accessory dwelling unit shall incorporate materials, colors, and design motifs that are compatible with and complement of the primary dwelling or land use, including siding, roofing materials, exterior colors, window trim, and roof style. If it is not feasible for the accessory dwelling to meet these requirements, an alternative design may be approved through a Design Review process.

   B.   For accessory dwelling units attached to a house, any outside entrance must be on the side or rear. Entrance to the accessory dwelling may be located on the front building elevation of the house only if using an entrance already in existence.

   C.   The accessory dwelling shall not be created in or from a production building, vehicle, or temporary structure. Conversion of a garage is not permitted unless the required parking can be sited legally elsewhere on the property, (Ord. 823, 2021)

   A.   Any person applying for an accessory dwelling unit shall make application as set forth in this Title and Title 15.

   B.   If the proposed location lies in the R-l, R-2, or R-2P zone, the applicant shall, on an application form provided by the city, list the names and addresses of all owners of record of property from the outermost points where applicant's property borders the city street, for three hundred feet (300') each way from that point along and on either side of said city street(s).

      1.   If the accessory unit will be all or partly in the rear yard, or consists of new construction or an expansion, owners of record of property adjacent to the rear property line shall be included,

      2.   If all of the above described owners sign the applicant's petition for an accessory dwelling permit, then said permit shall be granted, provided all other requirements of this chapter and Title 15 of this code are satisfied.

      3.   If any owner of record refuses to sign the petition, the applicant shall be required to seek the issuance of a Conditional Use Permit for the accessory dwelling.

   C.   If the proposed location lies in the A, C-2 or I zone a Conditional Use Permit shall be required.

   D.   Any accessory dwelling unit that is attached to or associated with a primary residence shall be served by the same water, sewer, solid waste, electric, and natural gas utility connections and the same postal service address as the primary residence, unless otherwise required by the utility provider or US Postal Service. (Ord. 823, 2021)