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Chapter 20.118
RESIDENTIAL DWELLING AND ACCESSORY USE STANDARDSSections:
20.118.010 Purpose.
20.118.020 Residential dwelling standards.
20.118.030 Accessory dwelling units.
20.118.040 Accessory structures – Non-dwelling units.
20.118.050 Swimming pools.
20.118.060 Garage and yard sales.
20.118.010 Purpose.
The purpose of this Chapter is to establish basic standards for residential and accessory structures. (Ord. 2000-6 § 2(part), 2000: Ord. 95-5 § 1(part), 1995).
20.118.020 Residential dwelling standards.
All dwellings constructed under this Code shall conform to the following minimum standards:
A. Dwelling Unit.
1. At least one room of not less than 150 square feet.
2. At least one additional room of not less than 70 square feet.
3. At least one bathroom containing a toilet, a sink, and a shower stall or bathtub.
4. Only one kitchen or cooking area (this is a maximum standard), containing at least a sink, a cooking appliance, and a good refrigeration unit.
B. Efficiency Dwelling Unit. Efficiency or studio apartment dwelling units shall contain:
1. A living room of not less than 220 square feet.
2. An additional 100 square feet of living area for each occupant in excess of two (2).
3. A separate closet.
4. Unless meals are provided by the management as a standard service of the facility, each unit shall contain a food preparation area containing a sink, a cooking appliance, and a good refrigeration appliance, each with at least 30" of clear work space.
5. A separate bathroom containing a toilet, a sink, and a shower stall or bathtub.
C. Habitable Area. Habitable area shall be the sum of the following areas within one (1) dwelling unit:
1. Living room, bedroom, dining room, family room, and similar living areas with a ceiling height of at least 7 feet 6 inches.
2. Kitchen, hallway, bathroom, with a ceiling height of at least 7 feet.
3. In rooms with sloping ceilings, at least one half of the room area need meet the ceiling height prescribed above, except that no area with a ceiling height of less than five (5) feet shall be considered habitable area. (Ord. 2000-6 § 2(part), 2000: Ord. 95-5 § 1(part), 1995).
20.118.030 Accessory dwelling units.
A. An Accessory Dwelling Unit (ADU) is a habitable living unit that provides the basic requirements of shelter, heating, cooking and sanitation. The purpose of Accessory Dwelling Units 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 units to the existing housing.
3. Make housing units available to moderate- income people who might otherwise have difficulty finding homes within the city.
4. Develop 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 ensuring that ADU’s are installed under the conditions of this Code.
B. Accessory dwelling units are permitted in residential zones subject to the following standards:
1. Accessory dwelling units are subject to the minimum residential standards specified in Section 20.118.020.
2. The maximum size of an accessory dwelling shall be 800 sq. feet, or 33% of the living area of the primary structure, whichever is smaller; except that, if the accessory dwelling unit is located on a single floor, and there is no increase in the size of the house, the Director may allow an increase in the permitted size to efficiently use the floor area.
3. A Development Authorization application is required for all accessory dwelling units. An application for an attached accessory dwelling unit is subject to Level I review. An application for a detached accessory dwelling unit is subject to Level II review.
4. There shall be only one entrance on the front of the house. Additional entrances are permitted at the side or rear of the house.
5. One off-street parking space is required in addition to the off-street parking spaces required for the principal residence. Parking must be provided in the rear of the lot or on a driveway.
6. An addition to a primary dwelling unit for the purpose of creating an accessory dwelling unit is allowed as permitted for any single-family residence expansion.
7. Either the primary residence or the accessory dwelling unit must be occupied by an owner of the property.
8. A property may not have both an accessory dwelling unit and a home occupation as defined by this Code.
9. Accessory dwelling units are subject to the Uniform Building Code and Uniform Fire Code.
10. In order to encourage the development of housing units for people with disabilities, the Building Official may allow reasonable deviation from the stated requirements to install features that facilitate accessibility. Such facilities shall be in conformance with the UBC.
C. Application for an ADU shall be made in accordance with the permit procedures established in Chapter 20.14. (Ord. 2000-6 § 2(part), 2000: Ord. 95-5 § 1(part), 1995).
20.118.040 Accessory structures – Non-dwelling units.
Accessory structures not used for dwelling units are permitted only as accessory use to a residence in any zone subject to the following requirements:
A. Permitted Uses. Accessory structures are limited to private garages, carports, garden houses, tool sheds, playhouses, or the like, or structures which house a use permitted as a home occupation.
B. Small Structures Exempt. Accessory structures of less than twenty square feet in area and five feet in height may be placed in any required rear or side yard setback, and do not require development authorizations. Accessory structures of less than one hundred twenty square feet do not require a building permit.
C. Permit Required. Prior to construction of an accessory structure (except small structures discussed in subsection B of this section) a development authorization and a building permit shall be obtained. Applications for these structures shall be processed by Level I procedures. For purposes of this code, structures made of canvas, plastic, or other fabric, regardless of the number of open sides, shall be considered accessory structures if they will remain on the subject property for more than thirty days.
D. Limitation on Size and Number of Accessory Structures.
1. Attached. One attached garage is permitted for each residence. The size of the garage is limited to a maximum of nine hundred square feet or fifty percent of the living area of the principal dwelling, whichever is greater, to a maximum of one thousand two hundred square feet. An additional four hundred square feet for use as an approved home occupation may be required.
2. Detached. No detached accessory structure shall be larger than nine hundred square feet or fifty percent of the living area of the principal dwelling, whichever is greater to a maximum of one thousand two hundred square feet. An additional four hundred square feet for use as an approved home occupation may be permitted.
E. Lot Coverage. No standard of this section shall be construed to permit maximum lot coverage standards to be exceeded. See Table 20.103 for maximum lot coverage applicable to each zone.
F. Setbacks. A residential accessory structure not exceeding nine hundred square feet shall sit a minimum of five feet from the side property line, five feet from the rear property line, and up to, but not within, the required front yard; provided, that the accessory structure(s) shall not encroach on a public easement and applicable clearview setbacks are observed. Larger accessory structures shall observe all standard setback requirements; provided that on corner lots, where a structure for vehicular use is located on the secondary front yard side of the corner lot, the minimum setback shall be determined by the reviewing official to be adequate to prevent parking encroachment within the public right-of-way. In the residential districts, an accessory structure not requiring a building permit may be placed not closer than three feet from a side or rear property line if the structure will not encroach on a public easement and applicable clearview setbacks are observed.
G. Separation Required. Detached accessory structures shall be separated from the residence and all other structures by at least six feet measured from the foundation line.
H. “Acceptable Similarity” Appearance Standards. In addition to meeting all other standards for residential accessory structures, non-dwelling accessory structures in excess of nine hundred square feet must be similar in design and appearance to site built housing:
1. Roof Construction. The pitch of the roof has a minimum vertical rise of one foot for each five feet of horizontal run, and the roof is finished with a type of shingle that is commonly used in standard residential construction.
2. Exterior Finish. The exterior siding consists of wood, hardboard, aluminum, vinyl, plastic, steel, or other siding material (covered or painted, but in no case exceeding the reflectivity of gloss white paint), plastic, steel (or other siding materials) comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction. Corrugated metal siding or similar industrial-type siding is not permitted.
3. Compatibility with Surrounding Residential Uses. To assure that an accessory structure in excess of nine hundred square feet is architecturally and aesthetically in harmony with the surrounding residential uses, and preserves the general character and integrity of the neighborhood, it shall be similar in height to the five nearest residential accessory structures; provided, an accessory structure may be built to a height that will accommodate a motor home or recreational vehicle, or a second story accessory dwelling, without accessory structures of similar height in the neighborhood. (Ord. 2004-17 § 3, 2004: Ord. 2001-17 § 11, 2001: Ord. 2000-6 § 2(part), 2000: Ord. 95-5 § 1(part), 1995: Ord. A-3692 § 1, 1991).
20.118.050 Swimming pools.
A. Swimming pools are permitted as an accessory use to residential uses, hotel/motels, schools and recreational facilities when the following provisions are met:
1. Setbacks:
a. The swimming pool, apron and pump house meet the required front yard setback;
b. The swimming pool and pump house are setback at least three (3) feet from the property line. The swimming pool apron may extend to the property line.
2. Fences: All swimming pools to be constructed shall be enclosed by a fence which shall be at least four (4) feet in height and which shall be of a type not readily climbed by children. The gate shall be of a self-closing and latching type with the latch on the inside of the gate not readily available for children to open.
3. Installation: All swimming pool installations shall be in compliance with the Uniform Swimming Pool, Spa and Hot Tub Code. (Ord. 2000-6 § 2(part), 2000: Ord. 95-5 § 1(part), 1995).
20.118.060 Garage and yard sales.
A. “Garage sale” means the sale of used household personal items by the owner thereof under the following conditions:
1. No residential premises shall have more than four (4) sales per year for a total of not more than twelve (12) days per year.
2. All signs advertising garage or yard sales shall be removed twenty-four (24) hours after the sale is completed. Sale signs shall not be attached to any public structures, signs or traffic control devices, nor to any utility poles.
3. A garage sale complying with the above conditions shall be considered as being an allowable accessory use to all residential land uses. A garage sale violating one (1) or more of the above conditions shall be considered as being a commercial use, and will be disallowed.
B. Garage sales do not require a Development Authorization. (Ord. 2000-6 § 2(part), 2000: Ord. 95-5 § 1(part), 1995).
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