A.

Accessory dwelling unit (ADU). A subordinate building or a portion of the principal building, the use of which is customarily incidental to that of the dominant use of the principal building or land. An accessory use is one that is customarily incidental, appropriate and subordinate to the principal use of land and buildings, located upon the same lot therewith, and complies with each of the additional dwelling unit requirements. An ADU shall include a kitchen, a separate bathroom, and an entrance/exit separate from that of the principal building. An accessory use is clearly incidental to, or customarily found in connection with, and on the same lot as, the main use of the premises.

1.

Purpose and intent.

a.

Promote infill housing near existing infrastructure and services, including schools, parks, employment centers, and other public areas and to conserve land, house more people within urban growth areas, and prevent sprawl;

b.

Encourage and allow for a broader range of accessible and attainable housing while respecting the character and pattern of small-scale traditional town form;

c.

Encourage a greater diversity of and higher density housing stock in existing neighborhoods in a manner compatible with established massing, scale, and development patterns.

d.

Enable development of housing that enables citizens such as seniors, single parents, and families with grown children, to remain in their homes and neighborhoods while may be obtaining extra income, security, companionship, and services;

e.

Increase the housing stock of existing neighborhoods in a manner compatible with established massing, scale, and development patterns;

f.

Allow more efficient use of existing housing stock and infrastructure.

2.

Accessory dwelling units may be either attached units or detached units:

Attached dwelling. A dwelling that is joined to another dwelling at one (1) or more sides by a wall or walls.

Detached dwelling. A dwelling that is entirely surrounded by open space on the same lot.

a.

Petition. All individuals seeking to establish an ADU as an allowed use shall submit a petition for an overlay district permit and shall support the policies and regulations applicable to ADUs. These policies and regulations of the overlay district may include:

(1)

Accessory dwelling units may be allowed as overlay districts in zones: A, ORC, RE, RSF1, RSF2, RSF4, heritage, R6, R10, UN1, UN2, and TC zoning districts. The process for petition of an overlay district is as follows:

(A)

The Planning Commission shall hold a public hearing on the overlay district in accordance with State Statute 14-56-422.

(B)

The applicant shall submit a petition in support of the overlay district (signed by a majority of the property owners in the proposed district area)

(C)

The petition shall state that the overlay district complies with State Statute 18-15-1701.

b.

General recommended policies and regulations applicable to ADUs.

(1)

Residential use. A single-family dwelling shall already exist on the lot or will be constructed in conjunction with the ADU. The ADU may be attached to, or detached from, the principal building. Any new separate outside entrance serving an ADU shall be located on the side or in the rear of the building. There shall be no more than one (1) single-family conversion per lot.

(2)

Setbacks and lot coverage.

(A)

The ADU shall comply with all underlying zoning requirements including but not limited to building area, bulk and area, and setbacks with the exception of density limits. In addition, the front and side-exterior shall be constructed such that they do not encroach beyond the front edge of the principle structure.

(B)

Shall not be located within any public easement or any known utilities or septic system lines.

(3)

Building height, square footage, stories.

(A)

One (1) story. A one (1) story ADU shall be no more than one (1) story in height.

(B)

Two (2) stories. A one and one-half (1½) to two (2) story detached ADU shall be no more than two (2) stories in height.

(C)

Size. The building footprint of ADUs shall not exceed ten percent (10%) of the lot area or fifty percent (50%) of the area of the main building footprint, whichever is least. Any accessory building exceeding these requirements shall require a special permit for approval.

(4)

Parking. One-bedroom additional dwelling units shall provide one (1) off-street parking space, in addition to that required by the underlying zone for the principal building. Two-bedroom additional dwelling units shall be required to provide two (2) off-street parking spaces, in addition to that required by the underlying zone for the principal building. Parking spaces include garages, carports, or off-street areas reserved for vehicles.

(5)

Utilities. The property's infrastructure (water, sewer, gas, electric, etc.) meeting municipal utility requirements shall be available and utilized as appropriate.

(6)

Building Code. The ADU shall meet the requirements of the applicable Building Code.

(7)

Compatibility and appearance.

(A)

The location and design of the ADU maintains a compatible relationship to adjacent properties and does not significantly impact the privacy, light, air, or parking of adjacent properties. Windows that impact the privacy of the neighboring side or rear yard shall be minimized.

(B)

The ADU shall not result in excessive noise, traffic, or parking congestion.

(C)

Appearance. Exterior design of the ADU shall be compatible with the existing residence on the lot through matching or coordinating architectural use of building forms, height, construction materials, colors, landscaping, colors, window style, and roof design.

(D)

An attached ADU may occupy a basement, first, or second story of a main residence if it is designed as an integral part of the main residence and meets the setbacks required for the main residence.

(8)

Submittal requirements.

(A)

Site plan drawn to scale.

(B)

Photographs of the site.

(C)

Elevation sketches or plans for each side of the structure.

(D)

The applicant shall mail certified mailing notification to adjacent property owners prior to the date of the Planning Commission meeting. Copies of the certified mailing receipts sent to property owners shall be provided to City staff for confirmation of correctness.

(E)

The applicant shall acquire approval from the water and sewer departments that the water supply and sewage disposal facilities are adequate for the projected number of residents.

(9)

The Administrator may impose conditions of approval on a permit necessary to adequately protect public health, safety, and welfare.

(10)

The City may request additional information it deems necessary to determine compliance with applicable regulations and ordinances.

B.

Residential accessory building standards (not including accessory dwelling units, which are regulated under subsection 14.04.07 A. Accessory dwelling unit). Residential accessory buildings must meet the following standards:

1.

Accessory buildings. An accessory building is a subordinate building to the principal building, the use of which is customarily incidental to that of the dominant use of the principal building or land. Accessory buildings are located on the same lot and in the same zoning district as the principal building (except as otherwise provided in this Code). Accessory buildings are uninhabitable buildings.

2.

Attached and detached accessory buildings and uses. An accessory building attached to a main building shall be made structurally a part and have a common wall with the main building and shall comply in all respects with the requirements applicable to the principal building. Detached, open-sided carports may be located in the side yard no closer to the front lot line than the front building line of the principal building and provided required side setbacks are met. Unless attached to the principal structure, accessory buildings shall be located at least ten (10) feet from any other structure.

3.

Permit required. The placement of an accessory building shall require a building permit if over one hundred twenty (120) square feet in size.

4.

Location. An accessory building may be placed in the rear or side yard as indicated below. It may not be placed in any public easement and must be at least five (5) feet from all property lines. No accessory building may be placed within ten (10) feet of the main building or another accessory building.

5.

Size and height.

a.

Size limits.

(1)

For lots less than one (1) acre in size. The combined floor area (all floors shall be included in the calculation) of all accessory buildings on a lot shall not exceed eight percent (8%) of the lot area or one hundred percent (100%) of the area of the main building, whichever is least. Any accessory building(s) that exceed these requirements shall require a conditional use permit for approval.

(2)

For lots one (1) acre or greater in size. No square footage size regulation beyond any standards within the applicable zoning category.

b.

Height. Not to exceed twenty-four (24) feet in height to peak.

6.

Build-to zones. Accessory structures shall be exempt from meeting the requirements of the build-to zone in any zoning district.

7.

Shared accessory structures. Shared accessory structures may be constructed across common property lines, subject to all building and fire codes. Building setbacks for shared accessory structures may be administratively varied to permit zero lot line development. Easements for driveway access and maintenance of the structure and driveway shall be provided prior to the issuance of a building permit. For purposes of calculating size of shared accessory structures, only that portion of the shared accessory structure on the lot with the principal structure shall count toward the maximum allowable size.

C.

Residential accessory uses. Residential accessory uses include the following accessory uses, activities, facilities, and structures: accessory dwelling units (subject to limitations in subsections 14.04.07 A. and B.); fences and walls; garages, carports, and off-street parking and loading areas; gardens; gates and guardhouses; home occupations (subject to limitations and requirements of 1. and 2. below); playhouses, patios, cabanas, porches, gazebos and household storage buildings; radio and television receiving antennas; recreational and play facilities for residents; storm and fallout shelters; and other necessary and customary uses determined to be appropriate, incidental, and subordinate to the principal use on the lot.

A nameplate sign, that is, a sign bearing the name and/or address, occupation, and communication number of a person or use occupying the premises, shall be permitted as a residential accessory use. Such sign shall be unanimated and nonilluminated, not over two (2) square feet in area, and placed flat against a wall or door of the principal building. In addition, a real estate sign, that is, a temporary sign advertising, the premises for lease, rent, or sale, is also permitted as an accessory use. Such sign shall be unanimated and nonilluminated, shall not exceed six and one-fourth (6 ¼) square feet in area, and shall not be placed on public right-of-way.

1.

Home occupations permitted. A home occupation shall be allowed as an accessory use in residential districts subject to compliance with the following requirements which are intended to balance protection of residential character with enabling residents to work from home:

a.

The home office or business is clearly secondary to the use of the dwelling as a residence and does not change the residential character or appearance of the dwelling or lot in any visible manner, provided a nameplate sign as described above shall be permitted.

b.

The work done in the home office or business creates no objectionable odor, noticeable vibration, or offensive noise that increases a level of ambient sound at the property lines.

c.

The home office or business does not involve the external display of goods or services, and does not cause unsightly conditions or waste visible from off the property.

d.

The home office or business does not cause interference with radio or television reception in the vicinity.

e.

Permitted home occupations shall not include the employment of any persons not residing on the premises in the performance of the occupation.

f.

The home office or business sells no articles on the premises that are not produced on the premises.

g.

A home occupation shall be carried on wholly within the principle residential structure. No home occupations shall be allowed in accessory buildings or garages.

h.

The home office or business occupies no more than twenty-five percent (25%) of the total floor area of the residence.

i.

There shall be no external alteration of the dwelling nor storage of supplies or equipment outside.

j.

Not more than one (1) truck of not more than one and one-half (1½) ton capacity, and no semi-trailers incidental to the home occupation shall be kept on the premises.

k.

Customers may visit the site only during the hours of 8:00 a.m. to 8:00 p.m., and no more than six (6) customers or clients may visit the site in any single day.

l.

Parking to serve a home occupation shall be provided off-street, and no such parking shall be permitted in a required setback other than in a driveway. In no event shall yard areas be converted to off-street parking to serve a home occupation.

2.

Home occupations prohibited. Prohibited home occupations include, but are not limited to the following:

a.

Barber and beauty shops.

b.

Dispatch centers, where workers come to the site to be dispatched to other locations.

c.

Commercial stables, kennels, and animal boarding and care facilities.

d.

Assembly or repair of large appliances.

e.

Repair or assembly of vehicles or equipment with internal combustion engines or any other work related to motor vehicles and their parts.

3.

Garage sales. Garage sales, also commonly called rummage or yard sales, are permitted as accessory uses provided they meet the following requirements:

a.

Each such sale shall be registered in writing or by telephone with the Zoning Official.

b.

Each property address and/or person shall be limited to no more than four (4) such sales per year.

c.

Sales shall not last longer than two (2) consecutive days.

d.

Sales are conducted on the owner's property. Multiple family sales are permitted if they are held on the property of one (1) of the participants.

e.

No goods purchased for resale may be offered for sale.

f.

No consignment goods may be offered for sale.

g.

Directional and advertising signs, not larger than four (4) square feet, shall be freestanding. They shall not be placed on traffic or other official signs, utility poles or trees and shall be removed promptly after completion of the sale.

D.

Nonresidential accessory structures. Accessory structures shall be subject to the applicable use conditions set forth in zoning, section 14.04.07, A.2. (General recommended policies and regulations applicable to ADUs) and to the following general conditions:

1.

Accessory structures.

a.

When erected. No accessory structure shall be erected on any property prior to the construction of the principal structure, unless such accessory structure shall have been approved by the Planning Commission as a conditional use.

b.

Integral part of principal structure. An accessory structure erected as an integral part of the principal structure shall be made structurally a part thereof, shall have a common wall therewith, and shall comply in all respects with the requirements of the Building Code applicable to the principal structure.

c.

Height and setback restrictions. Accessory structures sixteen (16) feet or less in height at peak shall maintain a minimum side setback of five (5) feet and a minimum rear setback of five (5) feet from the property lines. The accessory structure must be placed behind the front edge of the principal structure (except in cases where an accessory structure's location is functionally dependent on its location being in front of the building; such as a security monitoring structure, scale house, or other similar structure). Accessory structures greater than sixteen (16) feet in height at peak shall meet the setback requirements of the zoning district in which it is located. All accessory structures shall conform to the front setbacks of the zoning district in which is it located.

d.

Build-to zones. Accessory structures shall be exempt from meeting the requirements of the build-to zone in any zoning district.

e.

Size of accessory structure(s). An accessory structure(s) shall be fifty percent (50%) or less of the size of the principal structure. Any accessory structure(s) requested that is greater than fifty percent (50%) the size of the principal structure shall be allowed only as a conditional use and shall be granted in accordance with the conditional use permit regulations governing applications of conditional use procedures; and upon the finding that the requested structure is designed to be compatible with the principal structure on the property and those on surrounding properties. Accessory structures that exceed fifty percent (50%) of the size of the principal structure shall meet the setback requirements of the zoning district in which it is located.

f.

Shared accessory structures. Shared accessory structures may be constructed across common property lines, subject to all building and fire codes. Building setbacks for shared accessory structures may be administratively varied to permit zero lot line development. Easements for driveway access and maintenance of the structure and driveway shall be provided prior to the issuance of a building permit. For purposes of calculating size of shared accessory structures, only that portion of the shared accessory structure on the lot with the principal structure shall count toward the maximum allowable size.

E.

Nonresidential accessory uses. Nonresidential accessory uses are allowed only in association with permitted, nonresidential principal uses and shall include, but not be limited to, the accessory uses, activities, facilities, and structures enumerated below. Such uses shall not be allowed if such would cause or increase parking nonconformity for the principal use. Such use may also necessitate additional required parking because of its own nature or character. Accessory uses shall not occupy required parking areas or off-street parking areas (spaces or isles) approved as part of a site plan. Nonresidential accessory uses include:

1.

Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, or visitors to the principal use.

2.

Dwelling units, other than mobile homes, when used or intended to be used for security or maintenance personnel.

3.

Guardhouses, gates, fences and walls.

4.

Offices for allowed business and industrial uses when the office is located on the same site as the principal use.

5.

Parking garages, and off-street parking and loading facilities.

6.

Radio, and television receiving antennas.

7.

Restaurants, newsstands, gift-shops, swimming pools, tennis courts, workout rooms, club and lounges when in a permitted hotel, motel or office building.

8.

Sale of goods produced as a part of allowed industrial activities when on the same site as the principal industrial use.

9.

The storage of merchandise when located within the same building as the principal business.

10.

On-premises commercial bulletin, nameplate, and real estate signs provided such are nonflashing.

11.

Other necessary and customary uses determined to be appropriate, incidental and subordinate to the principal use on the lot.

((Ord. No. 2007-13; Ord. No. 2019-15, 8-13-2019; Ord. No. 2020-03, 2-11-2020)