Chapter 17.30
ACCESSORY DWELLING UNIT STRUCTURES

Sections:

17.30.010    Intent.

17.30.020    Definitions.

17.30.030    Regulations pertaining to accessory dwelling units.

17.30.040    Requirements for an accessory dwelling unit.

17.30.050    Dimensional standards.

17.30.010 Intent.

The intent of this chapter is to provide for flexibility in housing in residential districts. (Ord. 277 Exh. 1, 2024; Ord. 276 Exh. 1, 2024)

17.30.020 Definitions.

For the purposes of this chapter:

A.    "Accessory dwelling unit" means a self-contained living unit on the same parcel as a single-unit dwelling of greater square footage that includes its own cooking, sleeping, and sanitation facilities and complies with or is otherwise exempt from any applicable building code, fire code, and public health and safety regulations.

B.    "By right" means the ability to be approved without requiring:

1.    A public hearing;

2.    A variance, conditional use permit, special permit, or special exception; or

3.    Other discretionary zoning action other than a determination that a site plan conforms with applicable zoning regulations.

C.    "Gross floor area" means the interior habitable area of a single-unit dwelling or an accessory dwelling unit.

D.    "Single-unit dwelling" means a building with one or more rooms designed for residential living purposes by one household that is detached from any other dwelling unit. (Ord. 277 Exh. 1, 2024; Ord. 276 Exh. 1, 2024)

17.30.030 Regulations pertaining to accessory dwelling units.

A.    A minimum of one accessory dwelling unit is allowed by right on a lot or parcel that contains a single-unit dwelling per the definition in this chapter.

B.    An accessory dwelling unit may be attached, detached, or internal to the single-unit dwelling on a lot or parcel.

C.    If the accessory dwelling unit is detached from or attached to the single-unit dwelling, it may not be more than seventy-five percent of the gross floor area of the single-unit dwelling or one thousand square feet, whichever is less.

D.    Accessory dwelling units shall not be used as a short-term rental nor timeshare per the definitions in Chapter 17.04 if located in the residential districts. (Ord. 277 Exh. 1, 2024; Ord. 276 Exh. 1, 2024)

17.30.040 Requirements for an accessory dwelling unit.

A.    The town of West Yellowstone shall only permit an accessory dwelling unit if:

1.    The accessory dwelling unit has received a will-serve letter from both a municipal water system and a municipal sewer system.

2.    The proposed accessory dwelling unit complies with all applicable local, state, federal, fire, electrical, plumbing, and building codes.

3.    Submission requirements for an accessory dwelling unit shall be:

a.    Applicable fee.

b.    Building plans and elevations.

c.    Scaled site plan showing existing features including trees and building.

d.    Scaled site plan showing proposed location of accessory dwelling unit, off-street parking, and access for the accessory dwelling unit.

B.    There are no requirements:

1.    That an accessory dwelling unit match the exterior design, roof pitch, or finishing materials of the single-unit dwelling;

2.    That the single-unit dwelling or the accessory dwelling unit be occupied by the owner;

3.    That any familial, marital, or employment relationship exists between the occupants of the single-unit dwelling and the occupants of the accessory dwelling unit;

4.    That the applicant provide any improvements to public streets as a condition of permitting an accessory dwelling unit, except as necessary to reconstruct or repair a public infrastructure that is disturbed during the construction of the accessory dwelling unit. (Ord. 277 Exh. 1, 2024; Ord. 276 Exh. 1, 2024)

17.30.050 Dimensional standards.

The dimensional requirements (setbacks, height, lot coverage) for accessory residential units shall be the same as the district in which the unit is placed. (Ord. 277 Exh. 1, 2024; Ord. 276 Exh. 1, 2024)