Permitted uses in a single-family residential zone shall be as follows:
B.
Accessory dwelling unit; provided, that all the following approval requirements are met:
1.
The accessory dwelling unit is on a lot with a legal primary single-family structure.
2.
There shall be only one accessory dwelling unit per lot.
3.
A deed restriction is recorded with the San Juan County auditor prior to building permit issuance, stating all of the following as set forth in subsections (B)(3)(a) through (B)(3)(g) of this section:
a.
The deed restriction runs with land and is binding on all parties and their heirs or successors, unless such deed restriction is extinguished by recording with the San Juan County auditor's office a document prepared by the town releasing the deed restriction.
b.
An accessory dwelling unit shall not be financed or sold or conveyed separately from the primary dwelling without meeting the provisions for land division in FHMC Title 16, Subdivisions.
c.
The accessory dwelling unit is restricted to the approved size.
d.
A rental permit shall be maintained in good standing.
e.
Transient use of the accessory dwelling unit is prohibited.
f.
Any violation of the deed restriction is a Class 1 civil infraction, as defined in Chapter 1.18 FHMC.
g.
Deed restrictions shall lapse upon removal of the accessory dwelling unit.
4.
Design and Construction.
a.
The accessory dwelling unit shall meet all technical code standards in FHMC Title 15, including but not limited to building, fire, mechanical and plumbing code requirements.
b.
The accessory dwelling unit provides complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking facilities and sanitation.
c.
The accessory dwelling unit maximum floor area is 1,000 square feet.
d.
The accessory dwelling unit shall meet the additional specific design and construction standards for the type of accessory dwelling unit in this section and the town design standards for residential construction.
5.
Attached Accessory Dwelling Unit Use, Design, and Construction.
a.
The primary residence and the accessory dwelling unit share a minimum of 10 linear feet of common wall or floor.
b.
There is a separate entrance.
c.
There shall be only one front entrance to the house visible from the front yard; provided, that existing single-family buildings with two or more entry doors facing a street shall not be prohibited from using one of those doors to access the accessory dwelling unit.
d.
Entrances from the original building shall be sealed or provide security locks.
e.
The accessory dwelling unit shall continue similar form, materials, roof pitch, and design as the primary residence.
6.
Detached Accessory Dwelling Unit Use, Design, and Construction.
a.
The accessory dwelling unit shall meet the town design requirements for residential construction.
b.
The accessory dwelling unit shall be greater than 10 feet from all combustible structures.
C.
Accessory uses and buildings normally incidental to the above permitted residential uses, provided a detached guesthouse is not a permitted accessory structure.
(Ord. 1172 § 19, 2001; Ord. 1571 § 1, 2015; Ord. 1729 § 1 (Exh. 1), 2021; Ord. 1802 § 9, 2024)