The purpose of this chapter is to provide for the creation of additional living quarters on lots within a single-family oriented neighborhood to help residents provide care and support for family members, and address the rising costs of homeownership, while ensuring that such arrangements are compatible with the character of the neighborhood.

(Ord. No. 09-20-2021C, § 1, 10-4-2021)

"Accessory dwelling unit (ADU)" means a secondary dwelling unit established in conjunction with, but clearly subordinate to, a single-family dwelling that is the principal structure on the lot. The ADU may be attached to the principal structure or it may be a separate accessory structure or portion thereof on the same lot. An ADU may also be erected over or in addition to a normally permitted accessory structure.

(Ord. No. 09-20-2021C, § 1, 10-4-2021)

A.

ADUs shall be allowed in the R-1, R-2, R-E, and MH zone districts, subject to compliance with the standards for ADUs provided in this chapter and only after approved by the Planning Commission.

B.

The placement of construction of the ADU shall comply with the yard and bulk requirements, setbacks, and height requirements of the zone district.

1.

Placement shall reasonably minimize impacts to the principal structures and surrounding properties.

2.

ADUs shall be screened by vegetation or fencing to every extent possible from neighboring properties.

3.

The ADU shall not exceed the height of the primary structure.

a.

Exception—When placed above a garage.

C.

An ADU may be directly attached to or placed within a principal dwelling providing the following is met:

1.

A separate entrance is provided.

a.

Staircases are placed on the side or rear of the principal building. Unless such circumstances exist where placement to the side or rear are not feasible and alternative placement is granted through waiver by the Board of Zoning Adjustment.

2.

Separate areas for cooking, sleeping, and sanitary facilities are provided.

D.

Construction of the ADU shall be with materials and finishes similar to those used for the primary dwelling. Modular construction shall comply with current building codes.

E.

The ADU shall be a minimum of three hundred (300) square feet and a maximum of one thousand (1,000) square feet, or a maximum of seventy-five (75) percent of the primary dwelling, whichever is less.

F.

Lots containing an ADU shall meet the minimum lot size requirements of the zone district and/or be a minimum of five thousand (5,000) square feet for existing legal lots of record.

1.

ADUs may be allowed in a planned unit development when designated and approved as such a use.

G.

ADUs shall comply with adopted building, fire, electrical, and plumbing codes at the time of construction.

H.

ADUs shall have connections to public water and public sewer unless located in an area where no public sewer exists and onsite waste water treatment systems area allowed.

I.

No lot shall contain more than one (1) ADU.

J.

Ownership of an ADU shall not be severed from ownership of the lot or principal dwelling.

K.

The property owner shall reside in the principal dwelling or ADU.

L.

ADUs shall not be used for commercial purposes to include home occupations or Air B&Bs.

M.

At minimum, one (1) additional off-street parking space must be provided.

N.

Properties containing an ADU shall use the same address as the principal dwelling with designation of each unit as A or B.

O.

No ADU may be constructed if the property does not contain a principal dwelling.

P.

ADUs in the R-2 zone district on lots only containing a single-family dwelling.

(Ord. No. 09-20-2021C, § 1, 10-4-2021)

A.

Any ADU constructed or used prior to adoption of these regulations may apply for legal status. Such ADUs shall be permitted in the same manner as a new ADU with the following exceptions:

1.

Special exceptions may be made for placement.

B.

Pre-existing ADUs shall meet all applicable life safety provisions of adopted building, health, and safety codes or regulations and at a minimum shall contain the following:

1.

Smoke and carbon monoxide or combination detectors.

2.

Means of emergency escape.

3.

An adequate heating source.

4.

Electrical and plumbing systems that are safe and adequate for living quarters.

(Ord. No. 09-20-2021C, § 1, 10-4-2021)

A.

Application on a form provided by the Department accompanied with the required application fee as set by resolution.

B.

A copy of the deed showing ownership of the property.

C.

Proof of water and sewer from the provider or a copy of an onsite waste water treatment system (OWTS) or documentation that the existing system is adequate.

D.

Documentation that the structure and use occurred prior to adoption of ADU regulations (for pre-existing ADUs). Such documentation may be records of the County Assessor and the placement of construction of the ADU shall comply with the yard and bulk requirements, setbacks, and height requirements of the zone district.

E.

A plot plan indicating the following information:

1.

Placement of all existing and proposed structures to include setback dimensions from at least two (2) property lines.

2.

Off-street parking areas.

3.

Property access points.

4.

Entrances to the principal and accessory dwelling unit(s).

F.

A floor plan of the ADU.

(Ord. No. 09-20-2021C, § 1, 10-4-2021)

ADUs shall be approved by the Planning Commission after a public hearing and findings that the following are met:

1.

Compliance with the ADU regulations.

2.

The ADU does not create a nuisance or hazard from any land use issues not covered by this code but disclosed during the review process.

(Ord. No. 09-20-2021C, § 1, 10-4-2021)

A.

Applications that are denied may appeal to City Council or resubmit a modified plan to the Planning Commission for review.

B.

Final decisions shall be made by City Council.

(Ord. No. 09-20-2021C, § 1, 10-4-2021)

A.

Severability. If any article, section, paragraph, sentence, clause, or phrase of this chapter is held to be unconstitutional or invalid for any reason such decision shall not affect the validity or constitutionality of the remaining portions of this chapter. The City Council hereby declares that it would have passed the ordinance from which this chapter is derived and each part or parts thereof irrespective of the fact that any one (1) part or parts be declared unconstitutional or invalid.

B.

Repeal. Existing ordinances or parts of ordinances covering the same matters embraced in this chapter are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the effective date of the ordinance from which this chapter is derived.

(Ord. No. 09-20-2021C, § 1, 10-4-2021)