Chapter 17.80
ACCESSORY DWELLING UNITS (ADUs)
Sections:
17.80.020 Permitted uses in the R-1 and R-2 zoning districts.
17.80.030 Provision of sewer and water.
17.80.080 Adjoining property owner notice and owner occupancy monitoring.
17.80.090 Permit applications, fees and inspections.
17.80.010 Purpose.
The purpose of this chapter is to establish criteria for the construction of accessory dwelling units (ADU), either attached or detached, in conjunction with single-family residences located in the R-1 and R-2 zoning districts. ADUs are designed to provide increased affordable housing opportunities and encourage higher residential densities, with minimal cost and disruption to surrounding neighborhoods; allowing individuals and smaller households to retain larger homes as residences; providing elder care on a long-term basis, and promoting more efficient and effective use of the city’s land resources. [Ord. 2010-01 § 2 (Exh. A); Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (17.010), 1980].
17.80.020 Permitted uses in the R-1 and R-2 zoning districts.
ADUs shall be a permitted use in the R-1 and R-2 residential zoning districts as accessory to single-family dwellings subject to the provisions of this chapter. (Note: Single-family residences are a permitted use in the R-2 district.) [Ord. 2010-01 § 2 (Exh. A); Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (17.020), 1980].
17.80.030 Provision of sewer and water.
No ADU shall be permitted to be added to, created within or constructed on the same lot as the single-family dwelling to which it is accessory without prior certification from the Eagle Point public works department, or other affected regulatory agency, that the water supply and sanitary sewer facilities are adequate to serve the proposed ADU.
A. Water service to any ADU shall be provided through a single meter, shared with the primary residence, and shall be maintained under the name of the property owner in the city’s utility accounting system. [Ord. 2010-01 § 2 (Exh. A); Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (17.030), 1980].
17.80.040 Fire protection.
ADUs shall be sited and constructed in compliance with Oregon Fire Code, Chapter 5, Section 503.1, Required Access (including exceptions). [Ord. 2010-01 § 2 (Exh. A); Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (17.040), 1980].
17.80.050 ADU limitations.
The number of ADUs permitted as accessory to a single-family residence shall be one. [Ord. 2010-01 § 2 (Exh. A); Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (17.050), 1980].
17.80.060 General provisions.
A. ADUs shall be permitted as second dwelling units, added to or created within, or on, the same lot as a single-family residence located within the R-1 or R-2 zoning districts.
B. All housing and building codes and standards shall be applicable to ADUs, including, but not limited to, the building, plumbing, electrical, mechanical and fire codes, and all requirements of the city of Eagle Point.
C. ADUs shall share water connections with the single-family residence to which they are accessory upon review and approval by Eagle Point public works department. Rogue Valley Sewer shall determine the standards to which any ADU sewer connection shall be held.
D. System Development Charges. The following system development charges (SDCs) shall apply to all ADUs:
1. Sewer: Rogue Valley Sewer rate.
2. Water: $0.00 (shared with primary residence).
3. Transportation: multifamily rate.
4. Storm drainage: standard rate.
5. Parks: multifamily rate.
E. The habitable gross floor area of any ADU shall contain no more than 50 percent of the total gross habitable floor area of the main dwelling unit or 900 square feet, whichever is the lesser. The minimum room sizes, dimensions and square footages, established in the State of Oregon Residential Code, shall be maintained. Existing garage space shall not be included in the gross square footage for purposes of ADU size allowance.
F. When combined with the gross square footage of the primary residence, the total ADU gross square footage may not exceed the permitted lot coverage. (EPMC 17.80.100(A).)
G. No subdivision of land or creation of a “condominium” is allowed so as to enable the sale or ownership transfer of the ADU independently of the main dwelling unit or other portions of the property.
H. All ADUs shall be designed to maintain the appearance of the single-family residence to which they are accessory. If an attached ADU extends beyond the established footprint of the single-family residence, its architecture must be consistent with the existing roof pitch, siding and windows of the main residence. Any separate entrance door must be located off the side or rear of the main dwelling. Any additions to an existing structure or building shall not exceed the allowable lot coverage or encroach into required setbacks outlined in this title.
I. Attached ADUs shall have a separate entrance door, but it shall not be located on the front of the existing structure.
J. A minimum of two ADU off-street parking spaces shall be provided in addition to the two spaces of off-street parking required for the single-family residence. All off-street parking areas shall be developed with an approved all-weather surface, and meet applicable Eagle Point design standards.
K. The conversion of a garage to an ADU shall require the construction of a new garage, at a square footage equal to, or greater than, the area being converted from garage to habitable space.
L. Every ADU shall have a separate street address, visible from the abutting street frontage and clearly identifying the site location of the ADU. [Ord. 2010-01 § 2 (Exh. A); Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (17.060), 1980].
17.80.070 Special provisions.
A. The owner or contract purchaser of the single-family residence to which the ADU is accessory shall reside either in the single-family dwelling or the ADU as a permanent residence, and shall not be permitted to rent or lease the same. The ownership of any ADU may not be separated from ownership of the single-family residence to which it is accessory.
B. No daycare centers or adult foster care homes shall be permitted in ADUs. Such uses shall remain permitted in primary residences, under prevailing state, local and applicable CC&R regulations.
C. Home occupations, when fully licensed by the city, and any other involved agencies, shall be permitted in both primary and accessory residences, under local and applicable CC&R regulations. [Ord. 2010-01 § 2 (Exh. A); Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (17.070), 1980].
17.80.080 Adjoining property owner notice and owner occupancy monitoring.
A. Prior to approval for same, any ADU added to, created within or constructed upon the same lot as the primary residence shall be subject to adjoining property owner notification under the provisions of EPMC 17.96.070, Type B – Decision made without an initial hearing.
B. In conjunction with any ADU permit issuance, property owner shall file a notarized statement, in a form approved by the city, stipulating understanding of, and future compliance with, the requirement that the property owner must reside on the property.
C. The city shall maintain an inventory of all ADU properties in its computer system.
D. Mandated owner occupancy shall be monitored under the provisions of EPMC 17.104.020, Enforcement, and 17.104.060, Penalties. [Ord. 2010-01 § 2 (Exh. A); Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (17.080), 1980].
17.80.090 Permit applications, fees and inspections.
Any ADU added to, created within or constructed upon the same lot as the primary residence shall be subject to all applications, pre-construction clearances and permits required by the planning and building departments. Said clearances and permits may include those required by other regulatory agencies (RV Sewer, etc.). [Ord. 2010-01 § 2 (Exh. A); Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (17.090), 1980].
17.80.100 Detached ADUs.
The following provisions shall be applicable to detached ADUs:
A. When combined with the lot coverage percentage of the main residence, no detached ADU may exceed the allowable lot coverage (40 percent R-1 or 50 percent R-2).
B. No detached ADU shall encroach into required setbacks outlined in this title.
C. Separate trash collection shall be provided for detached ADUs.
D. Provision of sewer service, including all required permits and payment of system development fees, shall be under the jurisdiction of Rogue Valley Sewer.
E. For accounting/billing purposes, all sewer/water services shall be registered in the name of the property owner.
F. Detached ADUs shall comply with all residential height, setback and separation requirements for the specific R-1 or R-2 zoning district in which they are located.
G. Detached ADUs shall be designed in the same architectural style as the single-family residence to which they are accessory.
H. Unless taking access from a rear alley, detached ADUs shall share the same, paved driveway as the single-family residence to which it is accessory, and shall have direct access to the street abutting the single-family residence, or take access from an alley. No new or additional driveway approaches shall be permitted for the ADU except on corner lots, where a new driveway approach may be allowed on the street frontage having no existing curb cut. Any new driveways shall be subject to required permits and constructed to city standards.
I. No on-alley parking shall be allowed for an ADU or the single-family residence to which it is accessory and all alleys shall be posted as fire lanes in accordance with Oregon Fire Code – Appendix “D,” Section D103.6 (“Fire Lane Signs”).
J. When an ADU or the single-family residence to which it is accessory utilizes alley access, the depth for any required off-street parking (driveway) shall be a minimum of 20 feet. This standard shall apply to both public and private alleys. [Ord. 2010-01 § 2 (Exh. A); Ord. 9-62A § 1, 1982; Ord. 9-52 § 1 (17.100), 1980].