Etna City Zoning Code
CHAPTER 17
52 ACCESSORY DWELLING UNITS
§ 17.52.010 Purpose.
§ 17.52.020 Definitions.
A. "Accessory dwelling unit"
(or "second dwelling unit") 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. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
B. "Junior accessory dwelling unit"
means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
(Ord. 220 § 1, 2021)
§ 17.52.030 Accessory dwelling unit criteria.
A.
Location.
1.
Accessory dwelling units are permitted by right in all zoning districts that allow single-family residential and multifamily residential as a principally permitted use.
2.
Accessory dwelling units are permitted by right in the nonresidential zoning districts (C-1, C-2, and M) only when the property is developed with an existing or proposed single-family or multifamily dwelling for which a use permit was issued pursuant to Chapter 17.36 EMC.
3.
In addition, an existing dwelling unit that complies with the development standards for accessory dwelling units in subsection (E) of this section may be considered an accessory dwelling unit, and a new principal unit may be constructed, which would then be considered the principal dwelling unit.
B.
Limitation.
1.
Single-Family Residential.
a.
No more than one accessory dwelling unit and one junior accessory dwelling unit shall be located on the same parcel that allows single-family dwellings.
2.
Multifamily Residential.
a.
No more than two detached accessory dwelling units shall be allowed on a parcel zoned multifamily residential.
b.
When the accessory dwelling unit is created within a portion of the existing multifamily dwelling structure that is not used as livable space, and if each space complies with applicable building and health and safety codes, the number of accessory dwelling units allowed on a multifamily property is limited to not more than 25 percent of the number of multifamily dwelling units on the property, except that at least one accessory dwelling unit shall be allowed.
C.
Occupancy. Owner occupancy of a dwelling on the property is not required between January 1, 2020, and January 1, 2025. Thereafter, owner-occupancy shall be required in one of the dwellings.
D.
All requirements and regulations of the district in which the lot is situated shall apply, except as set forth in subsection (E) of this section.
E.
Conditions. An accessory dwelling unit may be established by the conversion of an attic, basement, garage, or other portion of an existing residential unit, by the conversion of an accessory structure, or by new construction provided the following criteria are met:
1.
Floor Area. The floor area of the accessory dwelling unit shall not exceed:
2.
The increased floor area of an attached accessory dwelling unit shall not exceed 800 square feet or 50 percent of the existing living area, whichever is greater.
3.
Height. The height of a one-story detached accessory dwelling unit shall not exceed 17 feet, and a detached two-story accessory dwelling unit shall not exceed 25 feet.
4.
Architecture.
a.
Accessory dwelling units shall be substantially compatible with the principal dwelling and the neighborhood.
b.
For accessory dwelling units located within the required setbacks of the primary residence, all windows along the wall facing the adjoining property line within the required setback shall be clerestory (minimum of five feet, six inches sill height above the finished floor) or shall have permanently obscured glazing. Windows that vary from this standard may be allowed with written approval from the adjacent property owner that faces the window(s).
5.
Setbacks.
a.
An accessory dwelling unit attached to the primary residence shall be subject to the same minimum side, front, and rear setback requirements as the primary residence.
b.
One-story accessory dwelling units (both attached and detached) shall have side and rear setbacks of not less than four feet.
c.
No setback shall be required for a garage or other accessory structure which was constructed with a building permit as of January 1, 2020, that is converted to an accessory dwelling unit.
d.
A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.
6.
Manufactured and Mobile Homes. Manufactured and mobile home accessory dwelling units that meet the requirements of state law shall be allowed provided they are constructed on a permanent foundation, are substantially compatible with the principal unit, and adhere to the development standards set forth in this chapter.
7.
Utility Connections. At the discretion of the city engineer, utility connections (sewer, water, electricity, telephone) may or may not be connected to the principal dwelling unit. If utility connections are separate from the principal unit, power and telephone lines shall be underground from the point of source as approved by the respective utility purveyor to the accessory dwelling unit. However:
a.
For the creation of an accessory dwelling unit contained within the existing space of a single-family residence or accessory structure, the city shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.
8.
Selling Accessory Dwelling Units. The accessory dwelling unit shall not be sold separately from the primary dwelling unless the existing lot is divided into two or more lots consistent with city lot dimension and lot area standards resulting in the primary and accessory residential structures being on individual lots. Full separate utility connections for all habitable structures shall be a requirement of approval of the lot division.
9.
Renting Accessory Dwelling Units. The rental of an accessory dwelling unit is allowed, but not required. Accessory dwelling units shall not be utilized as short-term rentals (no transient occupancy) and must be rented for at least 30 days.
10.
Separate Entrance Required. The entry to an attached accessory dwelling unit shall be accessed separately and securely from the principal unit.
a.
No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purpose of this chapter, a passageway is a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
11.
Applicable Codes. Accessory dwelling units must comply with applicable building, fire and other health and safety codes.
12.
Lot Coverage. Accessory dwelling units shall not be considered when calculating the maximum lot coverage allowed.
13.
Parking.
a.
Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on an existing driveway. However, no parking requirements shall be mandatory for those accessory dwelling units in any of the following instances:
i.
The accessory dwelling unit is located within one-half mile of public transit.
ii.
The accessory dwelling unit is located within an architecturally and historically significant historic district.
iii.
The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
iv.
When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v.
When there is a car share vehicle located within one block of the accessory dwelling unit.
b.
Off-street parking shall be permitted in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.
c.
When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, no parking replacement spaces shall be required. Any other required on-site parking spaces shall be maintained for the principal unit and may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.
F.
Application Procedure. City clerk, or designee, approval shall be required for all accessory dwelling units. The property owner shall file a complete building permit application and pay all applicable fees. The completed application form shall include, but not be limited to, data on the floor space and height of the proposed unit and the existing residential unit(s), a photograph of the existing residential unit(s), the height of adjacent residences, and an accurately drawn site plan showing the location and size of all existing and proposed structures, the proposed accessory dwelling unit, setbacks, utility connections and vehicle parking.
G.
Existing Nonpermitted Accessory Dwelling Units. The city clerk may approve an accessory dwelling unit constructed without benefit of required permits; provided, that the unit conforms to the current building code, is subject to applicable current permit and impact fees, and conforms to setback, height, area, and other physical development standards otherwise applicable.
H.
Accessory dwelling units shall not be counted as "development units" under the general plan density requirements.
I.
Accessory dwelling units converted from existing space shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including sewer and water. Accessory dwelling units of 750 square feet or less shall not be subject to impact fees. Accessory dwelling units larger than 750 square feet may, as determined by the city council by resolution, be subject to impact fees charged proportionately in relation to the square footage of the primary dwelling unit.
J.
The installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence (unless otherwise required by the fire chief based on state law). However, other fire protection mechanisms, as determined by the fire chief, may be required for fire and life safety in those accessory dwelling units not meeting setbacks.
K.
An accessory dwelling unit created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary residence) except with approval of the city clerk. In considering such requests, the city clerk shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the city's affordable housing supply. As a condition of termination, the city clerk shall require the owner to make modifications to the property to: (1) comply with current building code requirements and (2) comply with current development standards in effect at the time of the request to terminate the use of the accessory dwelling unit.
(Ord. 220 § 1, 2021)
§ 17.52.040 Junior accessory dwelling unit criteria.
A.
Location. Junior accessory dwelling units may be allowed only on parcels zoned for single-family residential use with an existing single-family dwelling unit on the parcel, or as part of a proposed single-family residential use when it is within the proposed space of a single-family dwelling.
B.
Limitation. In no case shall more than one accessory dwelling unit and one junior accessory dwelling unit be placed on the same lot or parcel.
C.
Occupancy. Owner-occupancy is required in the single-family dwelling unit in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the single-family dwelling unit or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization.
D.
Existing Structure/Bedroom. A junior accessory dwelling unit shall be located within the walls of an existing or proposed single-family residence.
E.
Entrance. A junior accessory dwelling unit shall include its own discrete entrance, separate from the main entrance to the structure. A permitted junior accessory dwelling unit may include an interior entry to the main living area and may include a second interior doorway for sound attenuation.
F.
Kitchen. The junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following: sink, food preparation counter, refrigerator, and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
G.
Parking. Junior accessory dwelling units have no parking requirement.
H.
Deed Restriction. The junior accessory dwelling unit shall not be offered for sale apart from the principal unit. A deed restriction, which shall run with the land, shall be filed with the city and shall include both of the following:
1.
A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and
2.
A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.
I.
Timing. A permit shall be issued within 60 days of submission of an application for a junior accessory dwelling unit that meets the criteria in this section and is part of an existing single-family dwelling.
J.
For the purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
K.
For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
L.
A junior accessory dwelling unit created under this chapter shall be maintained with the provisions of this chapter and shall not be destroyed or otherwise converted to any other use (including reverting to a portion of the primary residence) except with approval of the city clerk. In considering such requests, the city clerk shall consider the length of time such permit has been in force, the conditions of approval, the exceptions granted for the permit, and the impact on the city's affordable housing supply. As a condition of termination, the city clerk shall require the owner to make modifications to the property to: (1) comply with current building code requirements and (2) comply with current development standards in effect at the time of the request to terminate the use of the junior accessory dwelling unit.
(Ord. 220 § 1, 2021)