(a)

Definition. For purposes of this Article, an accessory dwelling unit or ADU means an internal, attached, or detached dwelling unit that:

(1)

Provides complete independent living facilities for one (1) or more individuals;

(2)

Is located on the same lot as a proposed or existing primary dwelling; and

(3)

Includes facilities for living, sleeping, eating, cooking, and sanitation.

(b)

Intent. Accessory dwelling units are intended to:

(1)

Provide a mix of housing that responds to changing family needs;

(2)

Provide a means for residents, seniors, single parents and families with grown children to remain in their homes and neighborhoods and obtain extra income, security, companionship and services;

(3)

Provide a broader range of accessible and more affordable housing;

(4)

Create new housing dwelling units while respecting the look and scale of single-family detached neighborhoods; and

(c)

Purpose. The purpose of this Article is to establish standards and procedures to facilitate ADUs in zone districts where they are authorized while minimizing potential impacts from these conversions or additions on adjacent single-family uses.

(Ord. 950 §1, 2023; Ord. 982 §3, 2025)

Accessory dwelling units are permitted as an accessory use to single-family detached dwellings in all residential zone districts (A, RR-1, R-1, R-2, M-H and C-R), subject to the following conditions:

(1)

Number allowed per lot. One (1) accessory dwelling unit may be permitted per lot only when associated with a detached one-family dwelling located on the same lot. Accessory dwelling units are allowed only on lots used or developed as one-family dwelling units.

(2)

Prohibited structures. Manufactured homes, campers, camper buses, travel trailers, recreational vehicles, or any other structure not located on a permanent foundation with permanent utility connections as required by the building code are prohibited as accessory dwelling units.

(3)

Development standards. Any accessory dwelling unit must meet the same development standards required for the principal dwelling unit structure, except as provided herein.

(4)

Colors, materials and design of the ADU shall be substantially the same as the principal dwelling unit.

(5)

A certificate of occupancy will only be granted to an accessory dwelling unit after a certificate of occupancy has been granted to the principal dwelling unit.

(6)

Existing or new development on lot. No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is an accessory.

(7)

Minimum size. Any accessory dwelling unit constructed after the effective date of this ordinance shall be a minimum of two hundred (200) square feet in floor area.

(8)

Maximum size.

^{*The maximum size of an ADU shall not be larger than the size of the principal dwelling unit on the same lot as the ADU.}

(9)

Site standards:

a.

Setbacks. ADUs shall be subject to all yard and setback requirements applicable to the principal structure on the same lot. Where there is a conflict between the requirements applicable to a principal structure and an accessory structure, the more restrictive provision shall control. Notwithstanding the foregoing, the rear setback for an ADU shall be five (5) feet.

b.

Prohibition in street yards. ADUs shall not be located between the principal building and the lot line(s) abutting any contiguous public street, public right-of-way, or private street for the full width of the lot; provided, however, this prohibition shall not apply to detached accessory dwelling units located between the principal building and an alley or units located on a through lot.

c.

Height. The height of a detached accessory dwelling unit shall not exceed the lesser of:

i.

The height limitations in the applicable zoning district; and

ii.

The height of the principal structure on the zoning lot. For vertical additions for an ADU built on top of a single-story structure, the height of the addition shall not exceed the height of the existing single story structure as measured from existing grade to the peak of the existing single-story roof, and the overall height is below the maximum height of the zone district.

d.

Address. All accessory dwelling units shall display a separate address assigned by the City that meets building code requirements. Such address for the ADU shall be visible from adjoining streets and any associated alley for the property to clearly identify the ADU for emergency response purposes.

(10)

Design standards.

a.

Each ADU shall contain a kitchen equipped, at a minimum, with an oven, a stove, a sink, and a refrigerator/freezer. The oven shall have a minimum capacity of two (2) cubic feet and be installed in a permanent configuration with a slide-in appliance or installed and built-in into a wall cabinet. The stove shall have a minimum of two (2) burners. The refrigerator/freezer shall have a capacity not less than six (6) cubic feet. Countertop appliances shall not be allowed to meet the oven and/or stove requirements.

b.

Each ADU shall contain a bathroom equipped with, at minimum, a sink, a toilet, and a shower.

c.

No ADU shall contain more than two (2) bedrooms.

(11)

Owner occupancy. At the time of application for a building permit for an ADU, the property owner, as reflected in title records and evidenced by voter registration, vehicle registration or other similar means, must reside on the parcel. This Subsection does not apply when an ADU is constructed simultaneous with the principal dwelling unit.

(12)

Outdoor areas. The site plan shall provide accessible outdoor space and landscaping for both the accessory dwelling unit and the principal dwelling unit.

(13)

Utility service requirements. Accessory dwelling units must be connected to the water and wastewater utilities serving the principal dwelling unit. Connections and fees shall be made in accordance with the City's municipal utility requirements as determined by the Community Development Director, and a separate water tap may be required if the projected usage exceeds the size of the water tap serving the principal dwelling unit.

(14)

Inference of ADU.

a.

The City may infer the creation of an ADU in a primary structure and require compliance with this Article if actions indicate the intent to creation an independent dwelling unit or other similar arrangement for a separate dwelling unit by the presence of any of the following:

1.

The existence of a separate exterior entrance to separate living space;

2.

The ability or practice of blocking access to the separate living space from the remainder of primary structure or vice versa;

3.

The existence of secondary cooking facilities; and/or

4.

A separate living space that could be used for sleeping, either sanitary or cooking facilities, or both.

b.

The City may infer the creation of an ADU in an accessory detached structure and require compliance with this Section if actions indicate the intent to creation an independent dwelling unit or other similar arrangement for a separate dwelling unit by the presence of any of a living space which could be used for sleeping, either sanitary or cooking facilities, or both.

(15)

Construction of an ADU must comply with all building codes adopted by the City.

(16)

An ADU may not be sold separately from the principal dwelling unit, nor shall the lot on which it is located be subdivided unless such subdivision is approved pursuant to Chapter 17 of this Code.

(17)

Prohibition on short-term rentals. Short-term (fewer than thirty (30) days) rental of an ADU is prohibited.

(18)

Impact fees. Impact fees for single family development that includes ADUs constructed as part of initial subdivision development shall be paid in an amount that is one and one-half times (1.5x) the single family development type as set forth in Chapter 4, Article 4 of this Code.

(Ord. 950 §1, 2023; Ord. No. 962, §3, 2024; Ord. 982 §3, 2025)

Editor's note— Ord. 928 §3, adopted July 14, 2025, repealed § 16-604, which pertained to certificates of exception and derived from Ord. 950 §1, adopted 2023 and Ord. No. 962 §4, adopted 2024)