Chapter 20.68
ACCESSORY DWELLING UNITS
Sections:
20.68.010 Accessory dwelling units – Defined.
20.68.020 Accessory dwelling units – Purpose.
20.68.030 Accessory dwelling units – Decision type.
20.68.040 Accessory dwelling units – Administration.
20.68.050 Accessory dwelling units – Property ownership.
20.68.060 Accessory dwelling units – Commercial and industrial development – Code applicability.
20.68.070 Accessory dwelling units – Application procedures.
20.68.100 General requirements.
20.68.110 Bulk, location and design requirements.
20.68.010 Accessory dwelling units – Defined.
An accessory dwelling unit is a separate, complete dwelling unit associated with, attached to or contained within the structure of the primary home or use. An ADU may be either an accessory apartment (attached dwelling) or a backyard cottage dwelling. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.020 Accessory dwelling units – Purpose.
(1) Intent. Accessory dwelling units (hereinafter referred to as “ADUs”) are intended to:
(a) Provide homeowners with a means of providing for companionship and security.
(b) Add affordable units to the existing housing supply.
(c) Make housing units within the city available to moderate income people.
(d) Provide an increased choice of housing that responds to changing needs, lifestyles (e.g., young families, retired), and modern development technology.
(e) Protect neighborhood stability, property values, and the single-family residential appearance by ensuring that ADUs are installed in a compatible manner under the conditions of this chapter.
(f) Increase density in order to better utilize existing infrastructure and community resources and to support public transit and neighborhood retail and commercial services.
(g) Provide a means for commercial and industrial sites to have a resident caretaker or security officer. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.030 Accessory dwelling units – Decision type.
An ADU permit is a Type I action and shall be reviewed and considered in accordance with the procedures for such actions as set forth in Subtitle II of this title. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.040 Accessory dwelling units – Administration.
The planning director shall have the authority to develop and implement procedures to administer and enforce this chapter. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.050 Accessory dwelling units – Property ownership.
For the purposes of this chapter, “property owner” and “homeowner” shall mean the owner of a property according to the title of record, or the beneficiary of a legal trust or guardianship. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.060 Accessory dwelling units – Commercial and industrial development – Code applicability.
The following subsections of this chapter do not apply to the construction or establishment of an ADU that is accessory to a commercial or industrial use:
(1) POMC 20.68.100(1) and (5).
(2) POMC 20.68.110(9). (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.070 Accessory dwelling units – Application procedures.
(1) Procedures. Any property owner seeking to establish an ADU shall apply for approval in accordance with the following procedures:
(a) Application. Prior to installation of an ADU, the property owner shall apply for an ADU permit. A complete application shall include a properly completed application form, floor and structural plans for any structural modification, a site plan if detached structures or an addition are proposed, and fees as prescribed in subsection (1)(b) of this section.
(b) Fees. The application shall be accompanied by the applicable fee in accordance with the city’s adopted fee schedule. If new or upgraded water or sewer connections are required, water and/or sewer connection fees shall be required in accordance with POMC Title 13.
(c) Permit. Upon receipt of a complete application, application fees, and approval of any necessary building or other permits, an ADU permit shall be issued. (Ord. 038-22 § 2; Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.080 Inspection.
The city shall inspect the property to confirm that minimum and maximum size limits, required parking and design standards, and all applicable building, health, safety, energy, and electrical code standards are met. (Ord. 038-22 § 3; Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.090 Violations.
A violation of this chapter shall be governed by POMC 20.68.100. Violations of any other city permit or code requirements shall be governed by Chapter 20.02 POMC. (Ord. 038-22 § 4; Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.100 General requirements.
ADUs shall be subject to the following requirements, which shall not be subject to a variance:
(1) ADU permits may only be issued for a legal lot of record zoned for single-family use containing not more than one single-family dwelling.
(2) Number of ADUs per Lot. No more than one ADU, whether an accessory apartment (attached dwelling) or a backyard cottage dwelling, shall be permitted on one lot.
(3) Occupancy. The maximum number of occupants in any ADU shall be four persons. Maximum occupancy may be further limited by Section 1004 (Occupant Load) of the International Building Code.
(4) Composition. The ADU shall include facilities for cooking, living, sanitation, and sleeping.
(5) Home Businesses and Occupations. Home businesses and occupations shall be allowed, subject to existing regulations. However, if both the main residence and the ADU contain home businesses, only one of the two is permitted to receive customers on the premises.
(6) Short-Term Rental. The use of an ADU as a short-term rental shall be allowed, subject to compliance with the vacation rental and bed and breakfast regulations in POMC 20.39.345.
(7) Legalization of Nonconforming ADUs. Existing ADUs that are made nonconforming by this chapter, or ADUs legally existing prior to the enactment of these requirements, may be maintained as a legal nonconforming use in accordance with Chapter 20.54 POMC. (Ord. 038-22 § 5; Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
20.68.110 Bulk, location and design requirements.
(1) In commercial or industrial developments, detached ADUs are not allowed, and the ADU shall be located on or above the second floor of the building in which it is located.
(2) For attached ADUs, the lot must meet the minimum lot dimensional and size requirements of the applicable zoning designation. Attached ADUs that do not increase the building envelope of an existing residential structure are exempt from this requirement.
(3) Size. For detached ADUs, refer to POMC 20.32.030, Backyard cottage. For an attached ADU that is accessory to a detached residential dwelling, the ADU shall not exceed 40 percent of the total square footage of the residential dwelling and the ADU combined, after modification or construction, or 1,000 square feet, whichever is greater. For an attached ADU that is accessory to a commercial or industrial use, the ADU shall not exceed 1,000 square feet.
(4) Height. For a detached ADU, refer to POMC 20.32.030, Backyard cottage. For an attached ADU that is accessory to a commercial or industrial use, refer to the appropriate building type in Chapter 20.32 POMC.
(5) Location. A detached ADU shall be permitted as a second dwelling unit accessory to a detached dwelling unit and shall be located in the rear yard, in accordance with POMC 20.32.030, Backyard cottage. An accessory ADU shall be permitted within a detached residential dwelling, or within a commercial or industrial building.
(6) Setbacks and Lot Coverage. For a detached ADU, refer to POMC 20.32.030, Backyard cottage. For an attached ADU that is accessory to a commercial or industrial use, refer to the appropriate building type in Chapter 20.32 POMC. The calculation of lot coverage shall include all buildings on the lot or site, including the ADU, the primary single-family dwelling (for residential properties), and accessory buildings. Existing and future accessory buildings, including an ADU, must meet required setbacks for the relevant zone and building type.
(7) Design – Attached ADUs. An attached ADU shall be designed to maintain the architectural design, style, appearance, and character of the main building as a single-family residence. If an attached ADU extends beyond the current footprint or existing height of the main building, such an addition must be consistent with the existing facade, roof pitch, siding, and windows. Any exterior modification or addition to a single-family residence shall comply with the design standards in Chapter 20.139 POMC. Additionally, only one entrance is permitted to be located in the front facade of the dwelling. If a separate outside entrance is necessary for an attached ADU, it must be located either off the rear or side of the main building. Such entrance must not be visible from the same view of the building which encompasses the main entrance to the building and must provide a measure of visual privacy.
(8) Design – Attached ADUs Associated with a Commercial or Industrial Development. The ADU shall be part of an overall site and building design that complies with the requirements of Chapter 20.127 POMC (Design Standards), and shall be reviewed in conjunction with the underlying land use or building permit.
(9) Design – Detached ADUs. A detached ADU shall be designed to complement the architectural design, style, appearance, and character of the main building by utilizing complementary colors and finish materials, window styles, and roof design to the main building. The entrance door to a detached ADU shall not face the same property line as the entrance door to the main building except when the entrance door to the ADU is located behind the rear wall of the main building. The detached ADU shall also be subject to the requirements of Chapter 20.139 POMC, Residential Design Standards.
(10) Walkways. For ADUs with a separate exterior entrance, a pedestrian walkway shall be provided between the ADU and the nearest sidewalk, or where no sidewalk exists, the nearest street right-of-way. The walkway shall be composed of materials that are distinct from any adjacent vehicle driving or parking surfaces. The walkway may function as a shared pedestrian/vehicle space; provided, that it is constructed of distinct materials, is located along an exterior edge of a driving surface, and vehicles are not permitted to park on the walkway so that pedestrian use is hindered or prevented. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).