CHAPTER 2
ZONING
ARTICLE 5.3. ACCESSORY DWELLING UNITS (ADUS)
SECTIONS:
§9056.2: Development Requirements
§9056.5: Legal Nonconforming Accessory Structures
§9056.7: Determination Of Appropriateness
§9056 PURPOSE AND INTENT
The purpose of this article is to create an expedient ministerial approval process for residential accessory dwelling units (ADUs). To do so, this article sets forth development standards in conformance with the California Government Code and tailored to meet the changing needs of Ukiah communities and expand housing choices in all neighborhoods. (Ord. 1244, §5, adopted 2024)
§9056.1 GENERAL REQUIREMENTS
Accessory dwelling units (ADU) on lots developed with a primary single-family or multifamily residence or for which a primary residence is proposed shall be ministerially permitted and subject to the following standards/criteria:
A. The requirements of this article are applicable to all existing ADUs, as well as those proposed after the effective date hereof, except for legal nonconforming units, or as specifically provided herein. Existing ADUs as of the date hereof inconsistent with the provisions listed herein shall be considered legal nonconforming; provided, that they were legal at the time of their creation.
B. ADUs shall be deemed not to exceed the allowable density for the residential lot upon which an ADU is located. ADUs are deemed a residential use that is consistent with the existing general plan and zoning designation for the lot on which an ADU is located with a primary residence.
C. These regulations do not allow the division of property upon which an accessory dwelling unit is located unless all requirements of the applicable zoning district or State law are met.
D. The ADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence unless the conveyance meets the requirements of Government Code sections 66340 through 66342.
E. Accessory dwelling units may be attached to existing single-family or multiple-family residences or detached as separate structures.
F. An ADU must meet all applicable building and fire codes, and shall have electric, water and sewer or septic service with the type of meter arrangement at the property owner’s option. Water, sewer, and electrical services shall be available prior to the issuance of a building permit for an ADU. No new water or sewer connection fees may be required for ADUs that are contained within the existing space of a single-family or multifamily residence or accessory structure, unless the ADU is constructed with a new single-family home. Any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
G. Nothing in this chapter shall preclude the development of a junior accessory dwelling unit as regulated by Ukiah City Code and Government Code sections 66333 through 66339. (Ord. 1244, §5, adopted 2024)
§9056.2 DEVELOPMENT REQUIREMENTS
A. Applications for a building permit for an ADU shall be deemed approved if the local agency has not acted on the completed application within sixty (60) days. If approved, no additional parking or other development standards shall be applied except for building code and fire safety requirements.
B. Applications for a building permit within any zoning district where residential uses are allowed or permitted shall be approved ministerially to develop any of the following:
1. Unit Type: An ADU may be attached to an existing primary residence converted from a portion of the existing living area of the primary residence, detached and on the same legal lot as a primary residence, converted from the entirety of or a portion of an existing accessory structure, or attached to an existing or proposed accessory structure.
2. Number of Units: The number of ADUs allowed on a single lot shall be:
a. On a lot that contains an existing or proposed single-family dwelling: One ADU attached or detached.
b. On a lot that contains an existing multifamily dwelling: Two (2) ADUs, detached from the multifamily structure, and up to twenty-five percent (25%) of the number of units in the existing multifamily dwelling converted from existing non-livable space in a multifamily structure.
c. On a lot that contains a proposed multifamily dwelling: Two (2) ADUs, detached from the multifamily structure.
C. Size: The maximum size of a detached ADU shall be one thousand two hundred (1,200) square feet. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements.
D. Improvements: The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU, the correction of nonconforming zoning conditions. For purposes of this section, “nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. Curb, gutter, sidewalk, paving and street trees, however, shall be required when that infrastructure does not exist, and the proposed building permit value is equal to or greater than one-third (1/3) of the value of the existing structure per section 9181 of this code (Street Improvements With Development Of Property).
E. Lot Size: No minimum lot size shall be required.
F. Lot Coverage: The lot coverage limitation of the base zoning district shall not apply to the construction of an ADU.
G. Construction Standards: Not exclusive of other applicable State and local building and fire regulations, ADUs shall comply with the following requirements:
1. Structures within the State responsibility area (SRA) must comply with applicable local and state regulations for setbacks and fire-resistive construction.
2. Structures outside of the SRA must comply with building code regulations for fire-resistive construction, unless more restrictive standards are required pursuant to State law or regulation.
3. Fire sprinklers shall not be required in the ADU if the primary residence is not required to have fire sprinklers. (Ord. 1244, §5, adopted 2024)
§9056.3 SETBACKS
The following yard setback requirements shall apply to ADUs:
A. Front Yard: The same as the existing primary residence, but no closer than five feet (5').
B. Side Yard or Rear Yard: Four feet (4').
C. No setback shall be required for an existing living area, garage, or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.
D. The application of front yard setbacks cannot preclude an ADU of eight hundred (800) square feet or less. (Ord. 1244, §5, adopted 2024)
§9056.4 PARKING
A. Parking requirements for the ADU shall be one off-street space (independently accessible or tandem) in addition to the accessible parking spaces required for the existing single-family or multifamily residence. If the primary residence was legally constructed at a time when on-site parking was not required, then only the parking space(s) for the ADU shall be required.
B. Off-street parking shall be permitted in setback areas in compliance with the definition of “off-street parking” found in section 9278B of this code or through tandem parking.
C. Parking standards will not be imposed for an ADU in any of the following instances:
1. The ADU is located within one-half (1/2) mile of a public transit stop;
2. The ADU is located within an architecturally and historically significant district;
3. The ADU 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 ADU;
5. When there is a car share vehicle located within one block of the ADU;
6. When an application for an ADU is submitted with an application to create a new single-family or multifamily dwelling on the same lot.
D. If a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the City shall not require that those off-street parking spaces be replaced. (Ord. 1244, §5, adopted 2024)
§9056.5 LEGAL NONCONFORMING ACCESSORY STRUCTURES
ADUs converted from residential accessory structures determined to be legal nonconforming shall be subject to the following requirements:
A. A legal nonconforming residential accessory structure that is converted to an ADU, or reconstructed as an ADU to the same footprint and dimensions as the original structure, shall not be subject to setback requirements.
B. A legal nonconforming residential accessory structure that is converted to an ADU may be expanded up to one thousand two hundred (1,200) square feet if the expansion will comply with the height limit and setbacks for new detached ADUs.
C. Expansion of floor area within a nonconforming setback is limited to one hundred fifty (150) square feet, if necessary, to accommodate associated utilities, ingress and egress. (Ord. 1244, §5, adopted 2024)
§9056.6 HEIGHT
A. The maximum height for detached ADUs shall be twenty feet (20').
B. ADUs attached to the primary structure can be constructed to the maximum height for the zoning district in which the unit is located.
C. ADUs may be taller than the primary residential structure.
D. ADUs above a garage (attached or detached) can be constructed to the maximum height for the zoning district in which the unit is located.
E. Detached ADUs greater than twenty feet (20') in height may be approved through the granting of a minor site development permit. (Ord. 1244, §5, adopted 2024)
§9056.7 DETERMINATION OF APPROPRIATENESS
Whenever an ADU is proposed that would involve uses or features that are not explicitly addressed by the design and development standards set forth in this code or State law, the Community Development Director shall determine whether the proposal is appropriate and whether it should be reviewed on a ministerial or discretionary basis. In making this determination, the Community Development Director shall find as follows:
A. The proposed ADU would not be incompatible with other existing or allowed uses in the zoning district or property for which it is proposed; and
B. The proposed ADU would not be detrimental to the continuing development of the area in which it would be located; and
C. The proposed ADU would be in harmony and consistent with the purpose of the zoning district; and
D. The proposed ADU can meet all safety requirements as determined by the City of Ukiah Building Inspection and Fire Prevention Division; and
E. In the case of determining that an ADU is allowed or permitted, the Community Development Director shall find that the proposed use is similar in nature and intensity to its contextual development and the ADU allowances listed in this code or State law. (Ord. 1244, §5, adopted 2024)