City Council Study Session Agenda and Packet 2022 11 07

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Sec. 16-6-160. Accessory dwelling units. Accessory dwelling units ("ADUs") are permitted as accessory structures to single-family and two-family dwelling units in the R-L, Low Density Residential District and the R-M, Medium Density Residential District, subject to the following: (1) Number. Only one (1) ADU shall be permitted for each single-family dwelling unit or two-family dwelling unit on a lot. (2) Size. For a principal dwelling unit of one thousand (1,000) square feet or more, the ADU shall be no larger than fifty (50) percent of the square feet of the principal dwelling unit or eight hundred (800) square feet, whichever is smaller. For a principal dwelling unit of less than one thousand (1,000) square feet, the ADU shall be no larger than five hundred (500) square feet. For purposes of this subsection, square footage calculations shall exclude any garage, porch or similar area. (3) Design and development standards. An ADU shall meet the same development standards required for the principal dwelling unit, as listed in the Schedule of Requirements for Residential Districts in Section 16-6-120 of this Code. If the entrance to the ADU is visible from an adjacent street, the entrance shall be designed in a manner as to be clearly subordinate to the entrance of the principal dwelling unit. (4) Parking. One (1) on -site parking space shall be required for the ADU. Parking for an ADU shall be in addition to the required parking for the principal dwelling unit. (5) Timing. A certificate of occupancy for an ADU may be issued prior to a certificate of occupancy being issued for the principal dwelling unit. (6) Occupancy. No more than three (3) unrelated persons shall occupy an ADU at any time. One (1) or more of the property owners shall occupy either the principal dwelling unit or the ADU at all times; provided that, if the ADU is temporarily unoccupied, the principal dwelling unit may also be unoccupied. (7) Utility service. ADUs shall be connected to the water and wastewater utilities of the principal dwelling unit and may not have separate connections, unless the Town or applicable district approves of separate connections in writing. (8) Mobile and manufactured homes. Mobile homes are prohibited for use as an ADU, but manufactured homes may be used as ADUs. (9) Deed restriction. Every property on which an ADU is permitted pursuant to this Section shall be subject to a deed restriction agreement in a form provided by the Town, and such deed restriction agreement shall be recorded prior to the issuance of a certificate of occupancy for the ADU. The deed restriction shall include the following provisions, at a minimum: a. The ADU shall not be sold separately from the principal dwelling unit; b. The ADU shall be restricted to the approved size; C. The deed restriction shall lapse upon removal of the ADU; and d. The restrictions shall run with the land and are binding upon any successor in ownership of the property. (10) Subdivision. No portion of a lot on which an ADU is located may be subdivided from or legally described differently than, the lot containing the principal dwelling unit, and no portion of a structure containing an ADU may have ownership different from the ownership of the principal dwelling unit. (11) Permitting. An ADU constructed prior to construction of a principal dwelling unit shall remain an ADU, regardless of whether a principal dwelling unit is constructed. (Supp. No. 26, Rev.) Created: 2022-10-06 15:42:33 [EST] Page 1 of 2 16