The purpose of this chapter is to establish use and development regulations for accessory dwelling units (ADU). These regulations are intended to ensure that limited use of ADUs allowed in a residential zone do not disturb the single-family residential character of a neighborhood.

(Ord. 2018-04, 4-5-2018; Ord. No. 2022-10, 5-19-2022; Ord. No. 2022-62, 2-16-2023)

The requirements of this chapter shall apply to all ADUs in single-family zones. Such requirements shall not be construed to prohibit or limit other applicable provisions of this title, this Code, and other laws.

(Ord. 2018-04, 4-5-2018; Ord. No. 2022-10, 5-19-2022; Ord. No. 2022-62, 2-16-2023)

Only one ADU is allowed as a permitted use as listed in sections 10-13-3 and 10-14-3, except where a second ADU is allowed as a conditional use pursuant to chapter 7 of this title. ADUs shall be subject to the development standards of this chapter. Relevant definitions may be found in chapter 3 of this title.

(Ord. 2018-04, 4-5-2018; Ord. No. 2022-10, 5-19-2022; Ord. No. 2022-62, 2-16-2023)

The development standards set forth in this section shall apply to any ADU allowed as a permitted use.

A.

Definition; setbacks and size. An ADU is an accessory use to the main residential dwelling unit. Setbacks and size and lot coverage limitations established for accessory buildings in each zone shall apply, except that an ADU shall meet the same setbacks for primary units on the street side yard.

B.

Egress and life safety requirements. The dwelling unit must meet egress and life safety requirements of the International Residential Building Code.

C.

Ownership. The owner or a member of the family of the property owner shall reside on the property as their primary residence as a condition for an ADU to be rented. For long-term occupancy, the property owner may live in the ADU or the primary building. Only the ADU may be used as a short-term rental pursuant to chapter 51 of this title.

D.

Limit. Generally, only one ADU may be established on one residential property. However, two accessory dwelling units may be allowed by a conditional use permit pursuant to chapter 7 of this title.

E.

Entrance. An ADU may have its own outside entrance.

F.

Landscaping. Landscaping shall be provided and maintained to minimize impact on neighboring properties, to retain residential character, and to provide a visual buffer for onsite parking in relation to adjacent properties and the street. Landscaping may include, but shall not be limited to, planting trees in the park strip.

G.

Secondary use. An ADU shall be clearly incidental and secondary to the primary use of the dwelling for residential purposes.

H.

Maximum size. An ADU, if it is detached, must meet the size limitations for the zone or have been granted a conditional use permit.

I.

Residential hosting. One ADU may be used per residential lot for residential hosting pursuant to chapter 51 of this title.

(Ord. 2018-04, 4-5-2018; Ord. No. 2022-10, 5-19-2022; Ord. No. 2022-62, 2-16-2023)

A.

Residential properties with ADUs found to be in violation of the development standards set forth in section 10-42-4 of this title shall be subject to all applicable remedies set forth in chapter 9 of this title to ensure compliance.

B.

In order to ensure ADUs meet the development standards, a permit must be issued by the City for any use of the unit described in section 3-9-2 or chapter 51 of this title.

(Ord. 2018-04, 4-5-2018; Ord. No. 2022-10, 5-19-2022; Ord. No. 2022-62, 2-16-2023)