The purposes of this article are:

A.

To allow creations of new secondary residential units on residentially zoned lots that already contain one legally created unit; and

B.

To legalize secondary residential units created on residentially-zoned lots (or identify specific zones) prior to the effective date of the ordinance codified in this chapter.

(Ord. 90-15 §2 (part).

"Secondary residential unit" means a separate residential unit, containing sleeping quarters, kitchen and bathroom facilities, created on a single-family residential (R-1) lot or on lots zoned residential estates (RE) that already contain one legally created residential unit. A secondary residential unit may be created by:

A.

Conversion of existing floor space in a residential structure.

B.

Addition to an existing residential structure.

C.

Construction of a separate structure on a lot in addition to an existing primary residential structure.

(Ord. 90-15 §2 (part).

A.

As of the effective date of the ordinance codified in this chapter, a new secondary residential unit may be created or occupied only if a use permit has been granted pursuant to the provisions of this section.

B.

An application for a use permit for a secondary residential unit may be made by the owner of the property upon which the new unit will be located or the owner's authorized agent. The application shall be in writing on forms prescribed by the community development department.

C.

Upon filing of an application in proper form, the planning commission will hold a use permit hearing in accordance with the procedures set forth in Chapter 17.82 and subject to the following standards:

1.

The maximum total floor area of the secondary unit shall not exceed six hundred fifty feet.

2.

The minimal parcel size that a secondary unit may be located on is seven thousand square feet.

3.

The secondary residential unit shall conform to the setback standards as the primary residential.

4.

If a secondary residence is detached, a ten-foot separation between the primary residence and the secondary residence is required.

5.

One additional off-street parking space shall be provided in additional to the required parking spaces. This space shall be behind the front yard setback line.

6.

An attached or detached garage may not be converted to a secondary residence.

7.

No detached secondary residence shall exceed one and one-half stories or fifteen feet in height.

8.

No attached secondary residence shall exceed two stories or twenty-five feet in height.

9.

The secondary residential unit shall be constructed in accordance with provisions of the latest editions of the building codes.

(Ord. 90-15 §2 (part).