§ 17.20.7.010. Accessory living space.

A.

Applicability.

1.

The provisions of this section apply to all newly established accessory living spaces in new buildings, additions to existing buildings, or as renovations to spaces in existing buildings.

2.

Accessory living spaces may only be established as accessory to and on the same lot as an existing or simultaneously constructed with a new single-family home.

B.

Intent. The intent of this section is to allow for flexibility in the use of accessory buildings associated with single-family homes. Such spaces fulfill the community desire for additional living space to accommodate local and national trends toward multi-generational family households, as well as "bonus spaces" for hobby, recreation, and other similar uses commonly found within a single-family home. Accessory living spaces are not intended to be fully independent dwelling units, and must be clearly subordinate and accessory to the principal single-family home.

C.

Requirements for establishment.

1.

Location. Accessory living spaces may only be established in an accessory building upon the same lot as an existing single-family home, or in an accessory building that is constructed simultaneously with a new single-family home.

2.

Subordinate use. Accessory buildings housing accessory living spaces must be clearly subordinate to the principal single-family home in location, height, square footage and lot coverage.

3.

Dimensions and visual buffering. For the protection of privacy and the health, safety and welfare of adjoining properties and their occupants, the following height, setback and design standards apply to buildings containing accessory living spaces:

a.

General dimensional requirements. Generally, with the exception of 3.b. and 3.c below, height and setback measurements must be in compliance with Exhibit 20-4. If the building is located in a zoning district other than those shown in Exhibit 20-4 but accessory to a legal non-conforming single-family home, the dimensional standards for the R-3 zoning district as shown in Exhibit 20-4 shall apply.

b.

Side yard setbacks for new buildings. Side yard setbacks for newly established buildings containing accessory living spaces must meet the same minimum setback as the principal building, or a six-foot minimum setback, whichever is greater.

c.

Rear yard setbacks for new buildings. Newly established buildings containing accessory living spaces must be set back at least ten (10) feet from the rear lot line, if the rear of the lot does not border an alley. Otherwise, rear setbacks must comply with Exhibit 20-4.

d.

Visual buffering. If accessory living spaces are established in an existing building that does not comply with the requirements in 3.a, 3.b or 3.c of this Section, windows or doors may only be installed on facades oriented toward conforming setbacks.

4.

Building Code compliance. Accessory living spaces shall comply with all Building Codes and other relevant City Codes for establishment of same.

D.

Prohibited. Accessory living spaces shall not:

1.

Be rented, leased or sold separately from the lot's principal single-family home.

2.

Be used for any use not commonly found within a single-family home.

3.

Be used by any person other than the occupant of the principal residential home or the occupant's immediate family, or by temporary guests. For the purposes of this section, "temporary guests" shall mean a person or persons, other than a member of a resident family, who occupies an accessory dwelling unit for sleeping purposes and who is not required to pay rental of any kind for such occupancy, for a period of not more than thirty (30) days.

4.

Contain or house home occupations.

5.

Include or be designed to accommodate a stove or range, or otherwise fully independent kitchen facilities.

6.

Be separately addressed or metered for water.

7.

Cumulatively exceed seven hundred fifty (750) square feet.

8.

Be constructed prior to establishment of the lot's single-family home.

(Ord. No. 3087, § 1(Exh. A), 6-19-2012, eff. 7-19-2012)

Editor's note

Ord. No. 3056, § 1, adopted August 17, 2010, repealed § 17.20.7.010, which pertained to agriculture, livestock. Subsequently, Ord. No. 3087 enacted provisions designated as a new § 17.20.7.010 to read as herein set out. See also the Code Comparative Table.