A.

"Accessory dwelling unit" means an attached or detached residential dwelling unit which provides independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family or multifamily dwelling unit is situated. An accessory dwelling unit also includes the following: (a) an efficiency unit; or (b) a manufactured home.

B.

"Accessory structure" means a structure that is accessory and incidental to a dwelling unit located on the same lot.

C.

"Accessory use" means use as an accessory dwelling unit as permitted under this Chapter.

D.

"Application" means a permit application.

E.

"Building permit" means a permit issued by the city building office to construct a new structure or amend an existing one.

F.

"Building official" means the person(s) designated by the city to inspect and/or enforce the housing, building, and/or zoning provisions of this code, and to issue building permits.

G.

"Car share vehicle" means a vehicle owned by an individual which is made available for rental for a short period of time through an internet facilitator.

H.

"Chapter" means a chapter of the City of Weed Municipal Code.

I.

"City" means the City of Weed.

J.

"City council" means the city's duly elected or appointed city council, acting as a body at a duly called and conducted public meeting thereof.

K.

"City manager" means the duly appointed city manager of the City of Weed, or his or her designee, or any duly appointed acting city manager.

L.

"Community development director": Unless another person is designated by the city manager or city council, the city manager shall act as the community development director under this chapter.

M.

"Code" means the City of Weed Municipal Code, including any amendments hereafter adopted, and includes any state codes incorporated therein by reference.

N.

"Connection fees" means a fee imposed by the City of Weed for the privilege of connecting a customer to city water, sewer, or drainage services.

O.

"Development standards" means the standards specified at Section 18.52.030, hereinbelow.

P.

"Discretionary review" means review by the city council, planning commission, or other body, person, or persons vested with the power under state law or this code to approve, conditionally approve, or disapprove a proposed project, upon the exercise of their reasonable discretion.

Q.

"Dwelling" means a place used, or intended to be used, as a residence or abode by human beings.

R.

"Dwelling unit" means a residential dwelling unit.

S.

"Efficiency unit" is defined a Health and Safety Code section 17958.1.

T.

"Existing structure", for the purpose of defining an allowable space that can be converted to an accessory dwelling unit, means the area within the walls and roof of any structure in existence on or after January 1, 2017, that can be made safely habitable under local building codes at the determination of the building official, regardless of any non-compliance with zoning codes.

U.

"Floor plan" means a printed or hand-drawn diagram showing the locations of exterior and interior walls, doors, windows, stairs, and other physical features of a structure.

V.

"Floor space" means the floor area within the exterior walls of a structure that is accessible and available for use by persons, including closets and the floor areas beneath any built-in kitchen cabinets and counters.

W.

"Garage" means a fully enclosed structure capable of, and intended to be used for, the parking of one or more automobiles.

X.

"General plan" means the general plan of the City of Weed, including any amendments thereto.

Y.

"Hearing" means a proceeding before the city council or city planning commission wherein an applicant and/or other interested person may be heard, and upon which the city council or planning commission typically exercises discretionary review.

Z.

"Impact fee" means a fee imposed or collected by the city for the purpose of offsetting the cost of future capital improvements that are expected to be made necessary by reason of a new, different, or expanded use of land within the city.

AA.

"Junior accessory dwelling unit" means a dwelling unit that is no more then five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

BB.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage.

CC.

"Lot" means a parcel.

DD.

"Manufactured home" is defined at Health and Safety Code section 18007.

EE.

"Ministerially" means reviewed, considered, approved, or disapproved without discretionary review.

FF.

"Non-conforming zoning condition" means a physical improvement on a property that does not conform to the city's then current zoning standards.

GG.

"Parcel" means a discrete area of land designated by an assessor's parcel number by the County of Siskiyou.

HH.

"Permit" means a permit for an accessory dwelling unit or junior accessory dwelling unit.

II.

"Passageway" means a pathway that is unobstructed clear to the sky, which extends from a street to an entrance to an accessory dwelling unit.

JJ.

"Planning commission" means the city's duly appointed planning commission, acting as a body at a duly called and conducted public meeting thereof.

KK.

"Plot plan" means a printed or hand-drawn diagram showing the locations of proposed and existing structures, improvements, and other physical features of a lot.

LL.

"Primary dwelling" means the duly approved and lawfully existing residential structure(s) on a lot.

MM.

"Primary structure" means the existing residential structure on a lot.

NN.

"Project" means a proposal made pursuant to this chapter to construct or modify a structure, or to authorize or change the use of a structure.

OO.

"Property" means a lot or parcel.

PP.

"Public transit" means a facility, including, but not limited to, a bus or tram stop, where the public may access buses and other forms of transportation that charge set fares (if any), run on fixed routes, and are available to the public.

QQ.

"Residential dwelling unit" means a structure intended to be used, and actually used, as an abode for human beings.

RR.

"School fees" means a fee collected by the city for the purpose of offsetting the cost of future capital improvements to school facilities that are expected to be made necessary by reason of a new, different, or expanded use of land within the city.

SS.

"Tandem parking" means two or more automobiles or other personal motor vehicles that are parked on a driveway or in any other location on a lot, lined up behind one another.

TT.

"Unit" means a residential dwelling unit or an accessory dwelling unit.

UU.

"Utilities" means services provided by the city, including but not limited to water, sewer, and drainage.

(Ord. No. 463-2020, § 2, 10-8-2020)

An accessory dwelling unit within an existing structure (including a dwelling unit, attached or detached garage, or any accessory structure) shall be permitted ministerially with a building permit, regardless of any other standards within this Chapter, upon compliance with applicable building and safety codes, and if there is independent exterior access from the existing residence and sufficient side and rear setbacks for fire safety.

(Ord. No. 463-2020, § 2, 10-8-2020)

A.

General Plan. Construction of an accessory dwelling unit pursuant to this Chapter shall not be considered when calculating compliance with the allowable density for the lot upon which the accessory dwelling unit is located, and an accessory dwelling unit that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall be deemed to be a residential use that is required to be consistent with the existing general plan and zoning designations for the lot.

B.

Occupancy. There must be at least one existing or proposed residential dwelling on the lot for which an application under this Chapter is submitted. The accessory dwelling unit may not be sold separately from the lot and primary structure, but may be rented on a month-to-month, year-to-year, or longer, basis. Rental of an accessory dwelling unit to vacationers or other short-term (less than monthly) renters is governed by other provisions of this code.

C.

Correction of Existing Non-Conforming Zoning Conditions. Correction of existing non-conforming zoning conditions shall not be required as a condition of approval of an application for an accessory dwelling unit.

D.

Location. An accessory dwelling unit may either be attached to the existing structure or detached therefrom a minimum of ten feet, on the same lot.

E.

Zoning Requirements; Setbacks. Accessory dwelling units are permitted in all residential and mixed-use zoning districts. No setback shall be required for an existing structure that is converted to an accessory dwelling unit and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling that is constructed above a garage or existing structure. Aside from the exceptions provided for off-street parking, fire sprinklers, and setbacks for converting existing space into an accessory dwelling unit, requirements relating to other zoning requirements generally applicable to residential construction shall apply to an accessory dwelling unit. Minimum rear and side yard setback requirements are not to exceed four feet.

1.

At least one accessory dwelling unit is allowed within multi-family dwellings, but permits for the same shall be issued to no more than twenty-five percent of the existing multifamily dwelling units.

2.

No more than two detached accessory dwelling units are allowed on existing multi-family sites.

F.

Off-Street Parking.

1.

Parking requirements for accessory dwelling units shall not exceed one parking space per unit or bedroom, whichever is less. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback.

2.

When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking shall not be required and may be located in any configuration on the same lot as the accessory dwelling unit.

3.

No off-street parking is required if any of the following apply: The proposed accessory dwelling unit is within half-mile walking distance along a public street or other right-of-way of a public transit stop. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure if: (a) on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or (b) there is a car share vehicle located within one block of the accessory dwelling unit.

G.

Unit Size. If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed fifty percent of the existing primary dwelling. A detached accessory dwelling unit on the subject parcel shall have a total floor area not to exceed one thousand two hundred square feet.

H.

Utility Service. The utility service for the accessory dwelling unit must be serviced through the existing or proposed single-family or multi-family dwelling service. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating city connection fees or capacity charges for utilities, including water and sewer service.

I.

Passageways. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

J.

Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

K.

Multiple Units. An accessory dwelling unit and junior accessory dwelling unit shall be permitted on one lot with at least one existing dwelling unit.

(Ord. No. 463-2020, § 2, 10-8-2020)

A.

Application. A permit application for an accessory dwelling unit or junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing before the city council or planning commission, notwithstanding California Government Code sections 65901 or California Government Code section 65906 or any local ordinance regulating the issuance of variances or special use permits.

B.

Action on Application. The building official shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within sixty days from the date the city receives a completed application if there is an existing single-family or multifamily dwelling unit on the lot.

C.

Permit Sequence. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new residential dwelling unit on the lot, the building official may delay acting on the permit application for the accessory dwelling unit or junior accessory dwelling unit until the building official acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. A certificate of occupancy for the accessory dwelling unit or junior accessory dwelling unit shall not be issued prior to the issuance of a certificate of occupancy for the primary dwelling.

D.

Permit Requirements. All required materials and application materials that are required for a residential building permit are required for the accessory dwelling unit, including but not limited to the following:

1.

Plot Plan. A plot plan, drawn to scale, showing dimensions of all existing structures, existing and proposed dwellings, with proposed parking configuration, existing and proposed setbacks and distance between structures clearly shown.

2.

Floor Plan. Floor plans showing dimensions of floor areas.

3.

Impact Fees. Impact fees, including school fees, are not required for an accessory dwelling unit with floor space of seven hundred fifty square feet, or less. Impact fees for accessory dwelling units with over seven hundred fifty square feet of floor space shall be calculated proportionately in relation to the floor space of the primary dwelling.

4.

Connection Fees. Pursuant to Section 18.52.030(F), accessory dwelling units, shall not be considered new residential uses for the purpose of calculating city connection fees or capacity charges for city utilities such as water and sewer service.

(Ord. No. 463-2020, § 2, 10-8-2020)

A.

A proposed accessory dwelling unit that does not comply with the standards at Section 18.52.030 may be permitted upon the issuance of an administrative use permit at the discretion of the city manager, acting in his or her capacity as the community development director, supported by the following finding that the proposed accessory dwelling unit would not be detrimental to the public health and safety and would not unreasonably negatively impact the privacy of adjacent neighbors.

B.

In order to waive or modify requirements under this chapter for additional or new on-site parking the community development director must find that enforcing those requirements would be detrimental to public health or safety and that the waiver or modification will meet the purposes of this Chapter.

(Ord. No. 463-2020, § 2, 10-8-2020)

Existing accessory dwelling units that are in compliance with this code at the adoption of this chapter shall be allowed to continue in existence and shall be considered in compliance with this Chapter. Pursuant to California Health and Safety Code section 17980.12, owners of unpermitted or substandard accessory dwelling units may, upon application and approval by the community development director, be granted delayed code enforcement for up to five years from the effective date of this Chapter if the city manager determines that there are no adverse health or safety issues. This provision shall expire on December 31, 2029.

(Ord. No. 463-2020, § 2, 10-8-2020)

Denial by city staff of any application for a building permit may be appealed by the applicant to the planning commission. All appeals must be made in writing to the city clerk within thirty days after written notice of the denial is mailed or delivered to the applicant. Any such appeal must be accompanied by the required fee, the amount of which shall be established by the city council.

(Ord. No. 463-2020, § 2, 10-8-2020)