Chapter 17.37
ACCESSORY DWELLING UNITS
Sections:
17.37.030 Occupancy and disposition.
17.37.050 Development regulations.
17.37.010 Purpose.
It is the purpose of this chapter to provide for accessory dwelling units and junior accessory dwelling units as a form of potentially affordable housing. To ensure the public health, safety and general welfare of the community, this chapter establishes criteria to ensure that these units will conform to certain development standards. (Ord. 744 § 2 (Exh. A), 2020).
17.37.020 Number of units.
A. One accessory dwelling unit (ADU) and one junior accessory dwelling unit (JADU) are permitted on a lot that is developed or is proposed to be developed with one one-family dwelling.
B. At least one ADU and up to 25 percent of the existing dwelling units are permitted within the portions of an existing multifamily dwelling structure that are not used as livable space. Each unit must comply with State building standards for dwellings.
C. Up to two ADUs are permitted on a lot that has an existing multifamily dwelling if they are detached from the multifamily dwelling.
D. ADUs and JADUs shall not be considered to exceed the density allowed by the applicable General Plan land use designation for the lot upon which it is located. (Ord. 744 § 2 (Exh. A), 2020).
17.37.030 Occupancy and disposition.
A. The property owner of a single-family residence with a JADU shall reside in one of the units.
B. An ADU or JADU may not be sold separately from the primary dwelling unit, and no subdivision of land or air rights is authorized by this chapter.
C. An accessory dwelling unit may be rented or leased; provided, that it is rented or leased for periods of 30 consecutive days or more. (Ord. 744 § 2 (Exh. A), 2020).
17.37.040 Utilities and fees.
A. The water and sewer utility services for a newly constructed ADU that is detached from the primary unit shall be separately metered from the primary dwelling unit if it is constructed at the same time as a new single-family dwelling.
B. A new or separate utility connection is not required for a JADU or an ADU created through the conversion of existing space.
C. No related connection fee or capacity charge shall be assessed for an ADU unless it is constructed with a new single-family dwelling.
D. Impact fees shall not be charged for the development of a JADU of any size, or for an ADU that is less than 750 square feet. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (Ord. 744 § 2 (Exh. A), 2020).
17.37.050 Development regulations.
A. Unit Size.
1. The floor area of a studio or one-bedroom ADU shall not exceed 850 square feet.
2. The floor area of an ADU with more than one bedroom shall not exceed 1,000 square feet.
3. The floor area of an ADU created through an addition to an existing primary dwelling unit may not exceed 50 percent of the primary unit’s existing living area.
4. An ADU or JADU created through the conversion of existing space may include an expansion of up to 150 square feet beyond the physical dimensions of the existing structure to accommodate ingress and egress to the unit.
B. Setbacks.
1. A newly constructed ADU shall maintain minimum rear and interior side yard setbacks of four feet.
2. No additional setback shall be required for an ADU that is created through the conversion of space in an existing primary dwelling unit or accessory structure, or for a structure constructed in the same location and to the same dimensions as an existing structure.
C. Height. Detached ADUs may not exceed 16 feet in height.
D. Lot Coverage.
1. The maximum coverage of a lot as provided in the applicable zoning district may be exceeded in order to allow the construction of at least an 800-square-foot ADU.
2. The maximum coverage of a lot as provided in the applicable zoning district may otherwise be exceeded as provided by CMC 17.38.050(C) in order to accommodate an ADU.
E. Parking.
1. Parking is not required for an ADU or JADU developed on a lot with an existing or proposed single-family primary dwelling.
2. When parking required by Chapter 17.36 CMC is displaced in conjunction with the construction of an ADU or is converted to an ADU, the provision of replacement spaces is not required.
3. One parking space shall be provided for each ADU or JADU constructed as a separate structure on a lot with a multifamily primary dwelling. The parking may be located in required setback areas or through tandem parking unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
F. Fire sprinklers shall not be required for an ADU or JADU if they are not provided or required for the primary unit.
G. An ADU or JADU shall have independent exterior access. (Ord. 744 § 2 (Exh. A), 2020).
17.37.060 Nonconforming ADUs.
ADUs and JADUs legally constructed prior to adoption of the provisions contained in this title shall be considered nonconforming and subject to the provisions of Chapter 17.44 CMC pertaining to nonconforming uses and structures. (Ord. 744 § 2 (Exh. A), 2020).