1. The purpose of this chapter is to establish a city ordinance governing the construction and use of accessory dwelling units (ADUs). ADUs are separate dwelling units detached from the primary residence. PCC chapter 10-12 of this title covers accessory apartment units (AAU) which are attached to the primary residence.
2. It is the policy of the city to promote and encourage the creation of legal ADUs in a manner that enhances residential neighborhoods while respecting the existing look and scale of single-family dwellings. The intent of this chapter is to provide for a broader range of affordable housing options that generate these benefits:
   1. Provides an alternative for older homeowners who want to remain in their home and would like a family member, caretaker or renter to help make that possible so that elderly can age in place rather than inhabit senior living centers.
   2. Make housing affordable for young people to live in desirable communities where single-family homes are out of their reach.
   3. Contribute to solving the housing shortage.
   4. Opens up areas for development potential without threatening the existing character of a neighborhood.
   5. Adds inexpensive rental units to the housing stock to meet the needs of smaller households, both old and young.
   6. Develops housing units in single-family neighborhoods to serve the needs of the residents through a variety of stages in the life cycle, thereby lessening fluctuations in neighborhood demand for services.
   7. Requirement that owner be on the premises decreases the chance of ADU tenants inflicting nuisances on the surrounding neighborhood.
   8. Provide an extra living space for a growing family.
   9. Is intended to be a family friendly ordinance allowing for young and old to live together, for grown children to stay in the community that they love.
   10. Enhance neighborhood stability with owners more likely to remain; allow current neighbors to stay through different stages of life.
   11. Promotes more efficient use of existing housing stock and city infrastructure.

(Code 1998, § 10-13-1; Ord. No. 2019-003, 2-12-2019)

ADUs are a permitted use in all residential zones. ADUs must comply with all applicable ordinances.

(Code 1998, § 10-13-3; Ord. No. 2019-003, 2-12-2019)

1. An ADU shall only be permitted when the property owner lives on the property within either the principal dwelling or ADU. For the purpose of this section, the term "owner occupied" shall be defined as full-time residency within the home by the bona fide property owner as shown on the county tax assessment rolls, or by any person who is related by blood, marriage or adoption, or a trustor of a family trust that possesses legal ownership of the property.
2. Within 30 days of securing approval for construction of an ADU, the owner shall record against the deed to the subject property, a deed restriction running in favor of the municipality limiting occupancy of either the principal dwelling unit or the ADU to the owner of the property. Proof that such a restriction has been recorded shall be provided to the city prior to issuance of the occupancy permit for the ADU.
3. Owner occupancy shall not be required when an owner has a bona fide temporary absence of three years of less for activities such as military service, temporary job assignments, sabbaticals or voluntary service.
4. Neither the primary dwelling unit nor the ADU may be sold or conveyed separately.

(Code 1998, § 10-13-4; Ord. No. 2019-003, 2-12-2019)

A maximum of one ADU shall be allowed on each property associated with a single-family dwelling.

(Code 1998, § 10-13-5; Ord. No. 2019-003, 2-12-2019)

The total area of the ADU shall be less than 50 percent of the total square footage of the primary residence for a detached accessory dwelling, but not more than 1,200 square feet.

(Code 1998, § 10-13-6; Ord. No. 2019-003, 2-12-2019)

Accessory buildings of any kind, which are customarily incidental to the permitted uses are limited to 25 percent of the rear lot area. Accessory buildings shall not be located in front of the primary dwelling unit.

(Code 1998, § 10-13-7; Ord. No. 2019-003, 2-12-2019)

An ADU shall not exceed the height permitted by the zone assigned to the primary dwelling unit.

(Code 1998, § 10-13-8; Ord. No. 2019-003, 2-12-2019)

New ADUs are subject to the same ordinances that apply to the principal dwelling unit as far as zoning and setbacks. Existing structures as of February 23, 2022, that do not meet setback requirements may be approved on a conditional basis. Adjacent property owners will be notified, and a public hearing will be held before the administrative land use authority; which will either approve or deny the conditional use in accordance with the conditional use process.

(Code 1998, § 10-13-9; Ord. No. 2019-003, 2-12-2019; Ord. No. 02-2022, 3-16-2022)

An ADU shall be of compatible design and materials and incorporate the same or substantially similar architectural features with respect to roof pitch, building materials, colors and design details of the primary dwelling unit.

(Code 1998, § 10-13-10; Ord. No. 2019-003, 2-12-2019)

An ADU shall comply with all building construction, fire codes and municipal codes in effect at the time the ADU is constructed, created or subsequently remodeled, including the obtaining of required building and other permits.

(Code 1998, § 10-13-11; Ord. No. 2019-003, 2-12-2019)

No off-street parking requirement.

(Code 1998, § 10-13-12; Ord. No. 2019-003, 2-12-2019)

An ADU may utilize the existing utilities (City supplied culinary water and sanitary sewer) of the principal dwelling. An ADU that requires separate utility hookups will be subject to metering and city connection fees.

(Code 1998, § 10-13-13; Ord. No. 2019-003, 2-12-2019)

The orientation of the proposed ADU shall, to the maximum extent practical, maintain the privacy of residents in adjoining dwellings as determined by the physical characteristics surrounding the ADU, including landscape screening, fencing, and window and door placement.

(Code 1998, § 10-13-14; Ord. No. 2019-003, 2-12-2019)

Any existing illegal ADU will not be subject to any enforcement action if an application to legalize the ADU is submitted within 12 months of the adoption of these regulations.

Owners of illegal ADUs shall be guilty of a Class B misdemeanor and subject to a penalty listed in PCC 1-4-1. Any existing illegal ADU will not be subject to any enforcement action if:

1. The ADU owner applies for a permit to legalize the illegal ADU permit within 12 months of the adoption of these regulations.
2. The ADU complies with the minimum requirements of the International Residential Code within six months of the date of applying for a permit under this section.
3. The ADU complies with the minimum housing code standards within six months of the date of applying for a permit under this section.
4. The ADU owner supplies the city with certification that the water supply and sewage disposal facilities are adequate for the ADU.

(Code 1998, § 10-13-15; Ord. No. 2019-003, 2-12-2019)

The mayor and city staff shall report to the council once a year the number of new ADUs permitted during the previous 12 months. This report shall be made to the council no later than 30 days after the end of the calendar year.

(Code 1998, § 10-13-16; Ord. No. 2019-003, 2-12-2019)