This Chapter may be cited as the "Accessory Dwelling Unit Regulations."

(Ord. No. 2024-04, § 2, 4-4-2024)

(a)

The intent of permitting accessory dwelling units is to provide (i) alternative housing options to make more efficient use of existing housing stock and infrastructure, (ii) flexible use of space for property owners, and (iii) a mix of housing types that respond to changing family dynamics. Because accessory dwelling units do not require additional land, they can be incorporated into established neighborhoods more easily than other forms of housing.

(b)

Irrespective of any provision in this Chapter, to the extent any PD zoning regulations expressly preempt any conflicting Town regulations, the provisions of the PD zoning regulations shall govern and control.

(Ord. No. 2024-04, § 2, 4-4-2024)

As used in this Chapter, the following terms shall have the indicated meanings:

Accessory dwelling unit (ADU) means a dwelling unit that is a detached structure on the same lot or tract as the primary dwelling unit that is smaller in size than the primary dwelling unit.

Code means the Larkspur Municipal Code.

Primary dwelling unit means a separate dwelling unit that is the larger of the dwelling units on a lot or tract that contains an accessory dwelling unit.

(Ord. No. 2024-04, § 2, 4-4-2024)

(a)

Accessory dwelling units shall comply with all provisions of this Article 20 and any applicable PD zoning regulations. In the event of a conflict between this Article and the PD zoning regulations, the more restrictive provision(s) shall apply, except as provided in Article 20 as to the size of an ADU.

(b)

Accessory dwelling units are prohibited in (i) any residentially zoned property that contains an existing/proposed duplex, triplex, condo, townhouse, or multifamily units, or (ii) where expressly prohibited in PD zoning regulations.

(Ord. No. 2024-04, § 2, 4-4-2024)

(a)

A building permit meeting all Town regulations must be obtained for all accessory dwelling units.

(b)

The Town may issue a building permit authorizing the construction and use of an accessory dwelling unit, provided the following conditions apply:

(1)

Number. No more than one ADU may be created or maintained on a single lot or tract.

(2)

Owner occupancy.

a.

The property owner, as evidenced in the Douglas County public records, must occupy either the primary dwelling unit or the accessory dwelling unit, or both.

b.

In the event the property is not owned by a natural person(s), then an individual with ownership or direct interest in the entity, as demonstrated to the Town Clerk or their designee, may be considered a property owner.

c.

The Town may waive this owner occupancy requirement for temporary absences of less than one year provided that the owner has maintained the permitted use for a minimum of two years and submits proof of temporary absence.

(3)

Subdivision. Accessory dwelling units may not be subdivided or otherwise conveyed into separate ownership from the primary dwelling unit on the lot or tract.

(4)

Utilities.

a.

No separate water or sewer taps will be allowed for the ADU.

b.

All billing for water, sewer and storm water services will be billed to the primary dwelling unit account holder. Four thousand gallons shall be added to the base number of gallons of the primary dwelling unit, for an additional 50 percent charge of current base charge of the primary dwelling unit.

c.

Should an ADU require the enlargement of the primary dwelling unit's existing water tap, the applicant shall pay the incremental water and waste water tap fees as set forth in the Code based on the new tap size, together with any connection fees.

(5)

HOA compliance. If applicable, it shall be the obligation of the property owner to obtain compliance with any homeowner association requirements for the ADU. The Town will not independently verify such compliance.

(6)

Design. The design of any ADU shall comply with the Town's design criteria. The ADU shall be permanently affixed to an engineered foundation. All district zoning regulations applicable to the construction and placement of structures shall apply to ADUs.

(7)

Size. The interior floor area of an ADU shall not exceed 1,000 square feet nor shall it exceed the internal floor area of the primary dwelling unit, unless the PD zoning regulations establish a different limitation, in which event the PD zoning regulations governing size shall apply.

(8)

Deviation from stated conditions. A request for deviation from the applicable regulations to install features that facilitate access and mobility for disabled persons shall be considered by the Planning Commission which will present their recommendation to the Town Council.

(9)

Pets. The restriction on the number of animals allowed under the Code shall be per lot, irrespective of the number of dwelling units located on the lot.

(10)

Prohibited structures. Temporary structures are prohibited as accessory dwelling units.

(Ord. No. 2024-04, § 2, 4-4-2024)

A prior legal nonconforming ADU shall be governed by Article 4, Chapter 16 of the Larkspur Municipal Code.

(Ord. No. 2024-04, § 2, 4-4-2024)

(a)

Any person who violates any of the provisions of this Chapter shall be punished by a fine of not more than $2,650.00.

(b)

Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person.

(c)

In addition to receiving any fines or other monetary remuneration, the Town shall have the right to seek injunctive relief for any and all violations of this Chapter and all other remedies provided at law or in equity.

(Ord. No. 2024-04, § 2, 4-4-2024)