Zoning:

ADUs and JADUs are allowed on single-family and multi-family lots in all residential zoning districts, including mixed-use zones where residential uses are permitted. ADUs and JADUs are not permitted in nonresidential zoning districts where residential uses are not allowed.

Construction of ADUs/JADUs:

ADUs may be constructed within or as an addition to an existing or proposed single-family residential dwelling unit, or as a separate free-standing accessory structure, or converted from an existing accessory structure. JADUs may be constructed within an existing or proposed single-family residential dwelling unit. ADUs and JADUs must be constructed consistent with development standards of the zone in which the unit is located, and with the requirements of this subsection. ADUs may be site-built structures, or converted from existing structures, or manufactured homes as defined by Section 18007 of the Health and Safety Code. Mobile homes, trailers and recreational vehicles are not permitted to be used as ADUs.

Number of Units:

One ADU and one JADU are allowed per single family residential lot. Lots with existing multifamily dwellings may construct up to two detached ADUs, or ADUs up to 25% of the number of existing multifamily dwelling units in non-livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages).

Yards:

A second dwelling unit shall comply with yard requirements of the subject zone, except that a setback of four feet from the side and rear lot lines is permitted for a detached ADU.

Space between buildings:

A second detached dwelling unit shall be located no closer than 10 feet to any other residential building on the same parcel, and not less than six feet from any accessory building.

Building height:

ADU's shall be limited to one story and 16 feet in height.

Unit size:

For detached ADU's the following size restrictions apply:

Parking:

There shall be one paved on-site parking space for an ADU, (except as allowed by Government Code Section 65852.2(a) or (d)). Additional parking is not required for JADUs. The required parking space shall be a minimum of nine feet wide and 20 feet deep and constructed to City standards. The space shall be in addition to on-site parking spaces required for the primary dwelling on the lot. The parking space for the ADU may be situated as a tandem parking space within an existing driveway, provided that parking space requirements are maintained for the primary dwelling unit. If additional paved parking is required to accommodate an ADU, it shall not be located within a required front yard, except within a legal driveway that is not wider than necessary to accommodate two parking spaces side by side; however, said parking space may be located within required side or rear yards.

Architectural appearance:

The ADU's scale, appearance and character shall be similar to and compatible in design with the primary dwelling unit in terms of siding materials and color, window types, roofing pitch and materials. If attached to the primary dwelling unit, a second dwelling unit shall be attached in a manner that the addition will create the appearance of an enlargement of the primary dwelling unit, and a logical extension of roof and walls of the primary dwelling unit, rather than give the appearance of an add-on unit.

Building Code:

A second dwelling unit shall be subject to all applicable building, fire, health and safety codes.

Occupancy:

A certificate of occupancy must be issued for the primary dwelling unit before a certificate of occupancy is issued for an ADU or JADU on the lot. Owner-occupancy is not required for ADUs. Owner-occupancy is required for a single-family residence with a JADU. The owner of the subject property at the time of the application for a JADU and all future owners of the property shall reside in the single-family residence or JADU. A covenant, in a form approved by the City Attorney, running with the land between the City and the applicant shall be recorded with the Fresno County recorder's office prior to the issuance of any building permits, requiring that the primary or proposed JADU shall be occupied by the owner of the property.

An ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, unless authorized by Government Code section 65852.26. Rentals of ADUs and/or JADUs must be for at least 30 days.

Access:

In order to preclude the appearance of a duplex unit, access to ADU's and JADU's shall be by an exterior doorway located on the side or rear of the ADU or JADU. In no case shall the entrance be visible from a public street right-of-way.

Utilities:

Adequate provisions shall be made for the water and sewer service and drainage generated by the occupancy of the ADU/JADU, as determined by the City Engineer. The ADU/JADU can either have shared or separate services for electric, gas, sewer, and water.

Existing dwellings:

An ADU existing on the effective date of the ordinance adding this subsection shall constitute a violation of this subsection unless the ADU meets the standards of this subsection or the ADU qualifies as a permitted nonconforming use under § 25-61 (Nonconforming Uses and Structures) of this title.

Connection, Impact, and other Fees:

Except as provided in Government Code Sections 65852.2 and 65852.22, ADUs and JADUs are subject to all fees and assessments required by the Municipal Code for new residential construction, including connection fees, capacity charges, and impact fees.

An inspection fee shall be assessed for any inspection to determine if an ADU or JADU complies with applicable building standards.

Exceptions:

All of the standards provided in this Section may be relaxed or waived in order to allow construction of an attached or detached ADU that is not more than 800 square feet and not more than 16 feet in height with at least four-foot side and rear yard setbacks, provided that the ADU is constructed in compliance with all Fire and Building and Housing Code requirements and standards of the Zoning Code. (See Government Code Section 65852.2(c).)

ADUs and/or JADUs described in Government Code Section 65852.2(e) shall be permitted.

Permit process:

The applicant shall submit a building permit application for the construction of an ADU and/or JADU. An application, together with the required fee in compliance with the City's Fee Schedule, shall be filed with the Department and accompanied by detailed and fully dimensioned plans, architectural drawings/sketches, elevations, floor plans, landscape plans, and/or any other data/materials identified in the Department handout for ADU/JADU applications. Following receipt of a completed application, the Planning Director or his designee shall review the application to determine whether it complies with the requirements of this section and ministerially approve a compliant application.

A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The City shall act on the application to develop an ADU or a JADU within 60 days. If the permit application to develop an ADU or a JADU is submitted with a permit application to construct a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to construct the new single-family dwelling. The applicant may request a delay in the time available for the City to act on the application, as provided by State law.