§ 17.40.100. Secondary unit standards and requirements.

A.

An accessory dwelling unit that conforms to this section shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

B.

Any proposed accessory dwelling unit, or any existing accessory dwelling unit proposed for legalization, shall meet or exceed the following development standards:

1.

There shall be no more than one accessory dwelling unit per parcel;

2.

The principal and accessory dwelling unit shall meet all development standards for the residential zoning district in which it is located;

3.

Occupancy of one of the two units shall be the owner(s) of record. The applicant for an accessory dwelling unit shall provide evidence of occupancy in the form of a government issued photo identification card that includes the address of the property where the accessory dwelling unit is proposed and the current owner of record. Prior to permit issuance for an accessory dwelling unit, the applicant shall record a deed restriction for the property as prescribed in Section 17.40.110 below. Any rental agreement for the main or accessory dwelling unit shall provide a disclosure to the renter of the requirement of owner occupancy of the subject property;

4.

The accessory dwelling unit shall meet the standards of the building, fire, and other applicable health and safety codes;

5.

The floor area of an attached accessory dwelling unit shall not exceed fifty percent of the size of the primary dwelling unit, with a maximum increase in floor area of one thousand two hundred square feet. The total area of floor area for a detached accessory dwelling unit shall not exceed one thousand two hundred square feet.

6.

Accessory dwelling units shall provide one parking space per unit or per bedroom (studio units shall provide one parking space). These spaces may be provided as tandem parking on an existing driveway in the front setback. No parking spaces shall be required for an accessory dwelling unit in any of the following instances:

a.

The accessory dwelling unit is located within one-half mile of public transit.

b.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

c.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

d.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

e.

When there is a car share vehicle located within one block of the accessory dwelling unit.

Parking spaces shall comply with the parking space dimension regulations provided in Section 17.34.020(H).

7.

Only one exterior pedestrian entrance (not including slide glass door) shall be provided for each accessory dwelling unit. The entrance shall be provided at the dwelling unit's rear elevation or at the side elevation providing the main entrance to the dwelling, unless such a requirement would result in trespass onto adjacent property. A paved walkway shall be provided leading from the sidewalk or driveway to the pedestrian entrance.

(Ord. 1217 § 1, 1995; Ord. 1159 § 2, 1992: Ord. 1128 § 1, 1990: Ord. 1000 §§ 1, 2, 1983; Ord. 991 § 4, 1983)

( Ord. No. 1412, § 11, 2-13-2017 )