(a)

To increase the variety and flexibility of the city's existing housing stock;

(b)

To maintain the residential character of the city's single-family neighborhoods;

(c)

To allow homeowners to provide housing for family members in need of housing or child or elder care and rental opportunities for supplemental income.

(Ord. No. 25-07, § 1, 7-1-2025)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning

Accessory dwelling unit, or ADU, means an independently accessed one-household dwelling unit on the same lot as a single-family dwelling unit and which meets all definitions and requirements of a dwelling unit as defined by the building and fire codes adopted by the city.

Attached accessory dwelling unit means an accessory dwelling unit which shares at least 25 precent of its wall length with a single-family dwelling unit and expands the footprint of the single-family dwelling unit.

Building envelope means the three-dimensional space created from the exterior surfaces of all walls, floors, and roofs of a building.

Detached accessory dwelling unit means an accessory dwelling unit which shares no wall length with a single-family dwelling unit and which has a completely separate footprint

Footprint means the two-dimensional land area covered by a building or structure calculated to the edges of the roof or eaves of the building or structure.

Interior accessory dwelling unit means an accessory dwelling unit which is contained completely within the building envelope of a single-family dwelling unit.

Single-family dwelling unit means a building created and used for the purposes of housing a single household which is not attached in any way to another dwelling unit.

(Ord. No. 25-07, § 1, 7-1-2025)

(a)

Accessory dwelling units are allowed in the single family residential (R-1), and (R-5), districts and in approved single-family planned unit development (PUD) districts but only in conjunction with a single-family dwelling unit.

(b)

Accessory dwelling units are not permitted on any property with existing two-family (duplex) or multiple family dwelling units.

(c)

Attached and interior accessory dwelling units are not permitted on any property with where the primary dwelling unit is a factory-built structure that was built to a lower standard than the city's adopted international or uniform building codes.

(d)

Only one accessory dwelling unit is permitted per lot and only in conjunction with a single-family dwelling unit.

(e)

Rentals of accessory dwelling units are not permitted unless the property owner occupies one dwelling unit on the property and all rental property is subject to the rental property maintenance code pursuant to chapter 10, article V of the Code.

(Ord. No. 25-07, § 1, 7-1-2025)

(a)

Accessory dwelling units may not contain more than one single family dwelling unit, as defined by section 70-4 of the Code.

(b)

The combined lot coverage of a single-family dwelling unit, any accessory buildings, and an accessory dwelling unit may not exceed the lot coverage maximum of the underlying zone district.

(c)

An existing building envelope that is to be renovated to accommodate an accessory dwelling unit shall not be subject to the lot coverage, height, or setback requirements of the underlying zone district, provided that the following are met:

(1)

The building envelope will not be expanded.

(2)

The existing envelope can accommodate the accessory dwelling unit without complete demolition and replacement of the walls, floor, and roof.

(d)

No subdivision of an accessory dwelling unit from the existing single-family dwelling unit is permitted, unless the proposed subdivision meets all standards for the underlying zone district. The following restrictions apply:

(1)

Before a building permit may be issued for an ADU, the owner shall record with the Adams County Clerk and Recorder a declaration of restrictions in a form prescribed by the community development director.

(2)

The declaration of restrictions shall prohibit the owner and the owner's heirs or assigns from selling the ADU separately from the principal dwelling unit. Such restriction shall be binding upon and run with the land.

(3)

The declaration of restrictions shall lapse upon removal of the ADU. Upon request of the owner and confirmation by the city that the ADU has been removed, the mayor shall execute a recordable release of the declaration of restrictions and provide the release to the owner. The owner shall be responsible for recording the release and paying all costs of recordation.

(e)

The city shall require evidence that the principal dwelling on the site of the proposed ADU is occupied by the owner of the lot in the following situations:

(1)

When an application is submitted to construct a new ADU on a lot that already contains a single-family detached dwelling, or to convert part of an existing single-family detached dwelling into an ADU.

(Ord. No. 25-07, § 1, 7-1-2025)

(a)

An accessory dwelling unit may be established by the conversion of existing space within a building envelope or the establishment or expansion of a building footprint only through the review, approval, and issuance of a building permit and receipt of a certificate of occupancy from the city.

(b)

Prior to the submission of a building permit application for the establishment of an accessory dwelling unit, the applicant must apply to the community development department for the proposed accessory dwelling unit and shall include the following:

(1)

Dimensional site plan and floor plan.

(2)

A letter of intent addressing compliance with this article.

(3)

Proof of ownership of the property.

(c)

An applicant may only submit a building permit application for an accessory dwelling unit after the community development department has approved the application.

(d)

All applications shall identify the type of accessory dwelling unit requested and demonstrate compliance with the type-specific regulations in a narrative format.

(e)

All building permit applications for accessory dwelling units are subject to review and approval by the community development department.

(f)

Building permit applications that do not meet the requirements of this article or the municipal code may be denied by the community development department.

(g)

Existing, non-conforming dwelling units meeting the definition of an accessory dwelling unit shall be brought into compliance with the city's zoning and building codes through the approval process set forth in this section.

(Ord. No. 25-07, § 1, 7-1-2025)

(a)

Accessory dwelling units shall be connected to municipal utility systems, including but not limited to the following: sanitary sewer, water, gas, and electric.

(b)

An accessory dwelling unit shall not be connected to a septic system, well water, or propane tank, even if the existing single-family dwelling unit is connected to any of the above systems.

(c)

Accessory dwelling units shall not have direct connections to municipal utilities and shall be branched from a single main service line to the lot.

(d)

Will-serve letters from the appropriate water, sanitary sewer, and gas and/or electric districts or utility providers shall be submitted with a building permit application for an accessory dwelling unit to be deemed a complete permit application for review by the community development department.

(Ord. No. 25-07, § 1, 7-1-2025)

The following types of accessory dwelling units are permitted:

(a)

Interior accessory dwelling units:

(1)

Height and setback requirements are based on the underlying zone district for the principal building.

(2)

Interior accessory dwelling units are limited to 800 square feet in area.

(3)

An interior accessory dwelling unit shall not involve design modifications to the exterior of the principal structure that indicate its presence from the front or corner side of the principal structure.

(b)

Attached accessory dwelling units:

(1)

Height and setback requirements are based on the underlying zone district for the principal building.

(2)

Attached accessory dwelling units are limited to 800 square feet in area.

(3)

Architectural compatibility is required for attached accessory dwelling units and must be achieved through one of the techniques contained in the supplementary standards set forth herein in section 70-927.

(c)

Detached accessory dwelling units:

(1)

Detached accessory dwelling units shall not be located in front or side yards and shall only be located in rear yards.

(2)

Minimum side and rear setbacks are five feet to lot line, with an additional six inches of side and rear setback for every foot of height over 15 feet.

(3)

Minimum internal setback between the accessory dwelling unit and the single-family dwelling unit on the same lot is five feet.

(4)

Height cannot exceed 25 feet or the height of the principal structure, whichever is less.

(5)

Detached accessory dwelling units are limited to 800 square feet in area.

(6)

Architectural compatibility is required for detached accessory dwelling units and must be achieved through one of the techniques contained in the supplementary standards.

(Ord. No. 25-07, § 1, 7-1-2025)

(a)

All ADUs shall have a 36-inch-wide clear access path from the front property line or from the property line where the principal dwelling unit gains its access. The clear access path may be gated. An ADU may share a clear access path with the principal dwelling unit.

(b)

The minimum floor area for any accessory dwelling unit shall be 150 square feet.

(c)

The area of enclosed garages or carports shall not be included in calculating the floor area of the accessory dwelling unit.

(d)

Architectural compatibility is required for attached and detached accessory dwelling units and may be achieved by demonstrating that the following standards are met through the planning and building permit application processes:

(1)

Use of the same primary exterior material as the single-family dwelling unit; and

(2)

Use of the same roof shape as the single-family dwelling unit; and

(3)

Consistent use of the same exterior colors, fixtures (such as lighting and gutters,) and the similar arrangement, proportioning and design of the windows and doors of the single-family dwelling unit.

(4)

The accessory dwelling unit shall be clearly subordinate to the principal dwelling through the location of access, building entrances, parking, and other design features that accommodate the accessory dwelling unit.

(5)

Entrances and exterior stairs shall be located towards the interior of the lot.

(6)

Prior to occupancy the accessory dwelling unit all building and occupancy permits shall be approved, and inspections conducted demonstrating compliance with applicable building and fire safety codes.

(7)

Any newly constructed element of an accessory dwelling unit shall meet current codes.

(8)

Existing buildings or parts of the principal dwelling unit not impacted by construction of the accessory dwelling unit may be required to correct any property maintenance code violations based on compliance with codes applicable to those portions of the structure.

(e)

Addresses shall be assigned to all accessory dwelling units on the city's standard address request form, and shall designate the single-family dwelling unit as "A" and the accessory dwelling unit as "B."

(f)

A mobile home or recreational vehicle may not be used as an ADU.

(Ord. No. 25-07, § 1, 7-1-2025)