Chapter 17.66
ACCESSORY DWELLING UNITS
Sections:
17.66.050 Permit requirements.
17.66.070 Review process for structure not complying with development standards.
17.66.010 Purpose.
The purpose of this chapter is to provide for the establishment of new accessory dwelling units on existing lots as a means of providing additional housing opportunities for the citizens of Kerman.
Accessory dwelling units contribute needed housing to the community’s housing stock. Homeowners who create accessory dwelling units benefit from added income, and an increased sense of security. Allowing accessory dwelling units in single-family or multifamily residential zones provides additional rental housing stock in California. Thus, accessory dwelling units are a residential use which is consistent with the general plan objectives and zoning regulations. (Ord. 17-03 §4(part), 2017).
17.66.020 Definitions.
A. "Accessory dwelling unit" ("ADU") means a detached or attached residential dwelling unit which provides complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.
An accessory dwelling unit also includes the following:
1. An efficiency unit as defined in Section 17958.1 of the Health and Safety Code.
2. Living area which means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure.
3. Manufactured home as defined in Section 18007 of the Health and Safety Code, which means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this part as defined in Health and Safety Code Section 18007.
B. "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. (Ord. 17-03 §4(part), 2017).
17.66.030 Uses.
Notwithstanding any other provision of this code, accessory dwelling units shall be permitted in all single-family and multifamily residential districts subject to the provisions of this chapter. (Ord. 17-03 §4(part), 2017).
17.66.040 Conditions.
The following conditions shall apply to accessory dwelling units (ADUs) being constructed in a single-family or multifamily residential district:
A. Ownership. Owner may occupy either primary or accessory dwelling unit. The unit is not intended for sale separate from the primary residence and may be rented. An accessory dwelling unit must be used for rentals of terms longer than thirty days.
B. Zoning. The lot is zoned for residential and contains an existing, single-family dwelling.
C. Attachment. The accessory dwelling unit may be attached to, or constructed within, the primary residence or may be attached to a garage. A garage may be converted to an accessory dwelling unit. If attached, the accessory dwelling unit must have a separate means of entrance from the primary dwelling unit. Alternately, an accessory dwelling unit may be constructed as a freestanding or detached unit in compliance with setback requirements and other development standards applicable to the zone district. No setback shall be required for an existing garage 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 unit that is constructed above a garage.
D. Building Area. The accessory dwelling unit shall not exceed fifty percent of the square footage of the existing primary dwelling, up to a maximum of one thousand two hundred square feet, if built as a freestanding or detached structure; shall not be considered to exceed the allowable density for the lot upon which it is located; and shall be deemed to be a residential use that is consistent with existing general plan and zoning designations for the lot. No minimum or maximum size for an accessory dwelling unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings that do not permit at least an efficiency unit to be constructed in compliance with local development standards. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required in the primary residence.
E. Phasing. A single-family residential unit shall exist on the lot prior to the applicant applying for an accessory dwelling unit. One accessory dwelling unit shall ministerially be approved with a building permit to create within a single-family or multifamily residence. The accessory structure shall have independent exterior access from the existing residence, and the side and rear setbacks are sufficient for fire safety.
F. Parking. The primary residence shall have at least two off-street parking spaces provided for by a garage or carport on the same lot as the residence prior to an accessory dwelling unit being constructed. No additional parking requirements for any accessory dwelling unit in any of the following instances:
1. The accessory dwelling unit is located within one-half mile of public transit.
2. The accessory dwelling unit is located within an architecturally and historically significant historic district.
3. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.
4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
5. When there is a car share vehicle located within one block of the accessory unit.
6. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those off-street parking spaces be replaced. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.
G. Number. Only one accessory dwelling unit shall be allowed per lot. The applicant applying for an accessory dwelling unit must apply for a lot line adjustment to create one legal parcel where two separate legal parcels exist. Accessory dwelling unit must be located on the same lot as the existing dwelling.
H. Utilities. The accessory dwelling unit, whether attached or detached, shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service. Applicant shall not be required to install a new or separate utility connection directly between the accessory unit; however, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water and sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
I. Compliance with Building Codes. All accessory dwelling units shall comply with all applicable requirements of the building code as adopted and enforced at time of application. In cases where an accessory dwelling unit is to be attached or created through the reconfiguration of a portion of an existing single-family dwelling, both the accessory and primary dwelling shall be upgraded to comply with such building code requirements which include, but are not limited to, noise separation between units sharing common walls, emergency egress and heating/ventilation requirements, as required by the building official. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
J. Other Development Standards. An accessory dwelling unit shall be constructed consistent with the development standards for the district in which it is located including the following:
1. Where a separate entrance is provided to the accessory dwelling unit, a paved walkway from the required parking space to the entrance shall be provided.
2. The color, material and texture of the roof, exterior walls and fenestration of an accessory dwelling unit shall be architecturally compatible with the primary dwelling unit.
3. When possible, the roof pitch of the accessory dwelling unit shall be the same as the primary unit.
4. No accessory dwelling may be constructed on a parcel which is already nonconforming to the provisions of this title, where the existing use is a nonconforming use, or on which the accessory dwelling unit would create nonconformity to this title. Furthermore, the property being considered for an accessory dwelling unit shall be in compliance with the standards of the zoning ordinance and applicable provisions of the Kerman Municipal Code. Any existing or identified code violations must be corrected prior to approval of an accessory dwelling unit.
5. The accessory dwelling unit may only be single-story.
6. The accessory dwelling shall have approved address numbers that are plainly legible and visible from the street or road fronting the property pursuant to Section 505 of the California Fire Code. Address numbers shall contrast with their background and be a minimum of four inches high with a minimum stroke width of one-half inch. If the address numbers for the accessory dwelling unit cannot be visible from the street, the address numbers can be placed on the primary dwelling unit, existing front yard fence or placard at the entrance to the site.
7. Postal Service. The applicant must coordinate and comply with the U.S. Postal Service requirements for delivery of mail to the accessory dwelling unit.
8. Accessory Structures within Existing Space. An accessory dwelling unit within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within this chapter if complying with:
a. Building and safety codes;
b. Independent exterior access from the existing residence;
c. Sufficient side and rear setbacks for fire safety.
9. Prohibited. The accessory dwelling unit shall not be a trailer coach or recreational vehicle as those terms are defined in state law. (Ord. 17-03 §4(part), 2017).
17.66.050 Permit requirements.
ADUs shall be permitted ministerially, in compliance with this chapter, within one hundred twenty days of application. The planning director or designee shall issue a building permit or zoning certification to establish an accessory dwelling unit in compliance with this chapter if all applicable requirements are met in Section 17.66.040, as appropriate. The planning director or designee may approve an accessory dwelling unit that is not in compliance with Section 17.66.040 as set forth in this section. The Fresno County health officer shall approve an application where a private sewage disposal system is being used. (Ord. 17-03 §4(part), 2017).
17.66.060 Fees.
From time to time, the city council shall by ordinance or resolution establish appropriate application and/or appeal fees for persons seeking approval of plans and drawings for an accessory dwelling unit. Such fees shall not exceed the reasonable cost of processing such an approval or appeal. (Ord. 17-03 §4(part), 2017).
17.66.070 Review process for structure not complying with development standards.
An accessory dwelling unit that does not comply with standards in Section 17.66.040 may be permitted with a zoning certificate or an administrative use permit at the discretion of the planning director or designee subject to the following findings:
A. In order to deny an application or permit under this chapter, the director of planning and development or designee shall find that the accessory dwelling unit would be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.
B. In order to approve an application or permit to waive required accessory dwelling unit parking the director of planning and development or designee shall find that additional or new on-site parking would be detrimental, and that granting the waiver will meet the purposes of this chapter. (Ord. 17-03 §4(part), 2017).