The standards of this chapter apply to accessory uses and structures.

(Ord. 491 §1(part), 1992).

An accessory structure shall meet the dimensional requirements of the underlying zoning district with the exception that accessory structures are not subject to the minimum square footage requirements.

(Ord. 491 §1(part), 1992).

An accessory structure shall not cover more than ten percent of the lot area. Accessory uses are included when determining maximum lot coverage.

(Ord. 491 §1(part), 1992).

Accessory structures shall not exceed a height of sixteen feet.

(Ord. 491 §1(part), 1992).

Detached accessory structures shall have setback requirements of five feet from rear and side lot lines and shall not be located in any required front yard area.

(Ord. 491 §1(part), 1992).

Attached accessory structures shall meet the setback requirements for the underlying zoning district.

(Ord. 491 §1(part), 1992).

Dish antennas shall be located in rear yards only and shall be subject to the setback distances as specified for the underlying zoning district. Dishes shall be located and painted in a manner which makes them as unobtrusive as possible.

(Ord. 491 §1(part), 1992).

A.

Purpose. The purpose of allowing accessory dwelling units (ADU) is to:

1.

Provide homeowners with a means of obtaining, through tenants in either the ADU or the principal unit, rental income, companionship, security, and services.

2.

Add affordable housing units to the existing community housing stock.

3.

Provide opportunities for development of additional housing units for moderate-income people who might otherwise have difficulty finding homes within the city.

4.

Provide flexibility for development of additional housing units in single-family neighborhoods that are appropriate for people at a variety of stages in the life cycle.

5.

Protect neighborhood stability, property values, and the single-family residential appearance of the neighborhood by establishing clear and consistent conditions that will be applied to ADUs within defined areas in the city.

6.

Limit accessory dwelling unit to small subordinate spaces such that they may be readily converted back to living space of the primary unit.

B.

Use. The conduction of one ADU in a new or existing single-family dwelling (hereinafter the principal unit) shall be allowed the same as a single-family dwelling use in all zones subject to specific development, design, and owner-occupancy standards.

C.

Definitions. The following definitions are section specific:

"Accessory dwelling unit (ADU)" shall mean a legally permitted small separate habitable living unit added to, created within, the main residence (principal unit) that provides separate basic requirements for living, sleeping, eating, cooking, and sanitation and is subordinate to the principle or allowed use on the property. For the purposes of this chapter, ADUs are subject to the standards herein and are not a two-family (duplex), or multi-unit dwelling, or multi-family use, or a nightly rental.

"Owner occupancy" means a property owner, as reflected in title records, who makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, utility payment records, or similar means.

D.

Standards and Requirements. Accessory dwelling units in new or existing single-family dwelling units shall be allowed as provided for single-family dwellings use and shall only be permitted as appurtenant to the permitted use. Accessory dwelling units are subject to the following design and occupancy standards:

1.

The property owner, which may include title holders or contact purchasers, must occupy either the principal unit or the accessory dwelling as their permanent residence, provided that the administrator may waive this requirement for temporary absences of less than one year and for military deployment/service as appropriate;

2.

The accessory dwelling unit shall contain not less than one hundred ninety square feet of floor area and not more than thirty percent of the square footage (twenty-five percent in the R-1 district) of primary dwelling interior habitable space, excluding any related garage area and other non-living areas such as workshops or greenhouses; provided, that if the accessory dwelling is completely located on a single floor level within an existing and established building, the administrator may, with cause, allow a reasonable minor increase in size in order to efficiently use the existing floor area, so long as all other standards set forth in this section are met;

3.

Accessory dwelling units shall not be permitted in structures detached from the primary residence, including but not limited to guest cottages, detached garages or workshops;

4.

Provided all persons are related in either the primary unit and the ADU, there shall be no occupancy restriction; provided that if unrelated persons occupy either unit, the total number of persons occupying that unit may not exceed three;

5.

Not less than three off-street parking spaces shall be required for the accessory dwelling and for the primary dwelling, said spaces shall be located as required elsewhere in this code;

6.

No more than two required off street parking spaces can be in the tandem configuration;

7.

Any additions to an existing building and new construction for the purpose of installing an accessory dwelling shall not exceed the allowable lot coverage or encroach into the existing setbacks;

8.

A form as specified by the administrator shall be filed by the owner with the county auditor, as a deed restriction, to indicate the presence of the accessory dwelling unit, the requirement of owner occupancy, and other standards for maintaining the unit as described in this section. Said deed restriction shall be by notarized affidavit affirming that the owner occupies either the main building or the ADU providing notice to future owners or long term lessors of the subject lot that the existence of the accessory dwelling unit is predicated upon the occupancy of either the accessory dwelling unit or the principal dwelling by the person to whom the accessory dwelling unit permit has been issued. The covenant shall also require any owner of the property to notify a prospective buyer of the limitations of this section and to provide for the removal of improvements added to convert the premises to an accessory dwelling unit and the restoration of the site to a single-family dwelling in the event that any condition of approval is violated. Said deed restriction shall also include that release of the restriction require certification of the administrator of zoning compliance;

9.

Accessory dwelling units may not be subdivided or otherwise segregated in ownership from the primary residence structure; and

10.

City utilities and services shall be connected, managed and charges for shall be as provided in Title 13 OMC.

E.

Deviations. In order to encourage the development of housing units for people with disabilities, the administrator may allow reasonable deviation from the stated requirements to install features that facilitate accessibility. Such facilities shall be in conformance with the State Building Code as adopted by the city.

F.

Existing. That portion of a single-family dwelling structure, which meets the definition of an accessory dwelling, and which was in existence prior to the effective date of this title may continue in existence provided the following requirements are met:

1.

The accessory dwelling complies with the minimum requirements of the State Building Code as adopted by the city related to efficiency dwellings.

2.

The accessory dwelling complies with subsection D.

(Ord. No. 867, § 1, 4-3-2018)