HomeMy WebLinkAbout1.03 Memo - Updates to ADU Requirements 08.22.2018Garfield County
MEMO
TO:Planning Commission
FROM:Patrick Waller, Senior Planner
DATE:August 22,2l0g
RE:Updates to ADU requirements
:BACKGROUND
Pursuant to the Land Use and Development Code of 2OL3, applicants may apply for an Accessory
Dwelling Unit (ADU) - Land Use Change Permit. All ADU applications are subject to an
Administrative Review process. ln recent years, staff has seen a substantial increase in the
amount of ADU applications. The chart below shows the number of ADU applications received
since 20L0.
Accessory Dwelling Unit Applications
t6
15
r,B
t6
1,4
12
10
6
7
3
2
a
6
4
2
n
¿l
ffi ffi
20to 201,r 2014 2015 20L6 20L7 20182012
L
ffi
2013
LlPage
ADU's are an important part of the housing stock in Garfield County. They allow for possible
rental housing options for citizens of the County and also permit property owners to earn extra
incomc through the use of the unit as both short-term and long-term rentals. Through the
increased number of ADU applications, staff has noticed an opportunity to increase efficiency in
the review that would provide a benefit for customers of the Community Development
Department and the citizens of the County.
RECOMMENDED CHANGES & CORRECTIONS
Staff has provided a list of code sections that will make the ADU process more efficient for
smaller units. The biggest change is to add a new use to Table 3-403, titled "Dwelling Unit,
Secondary". This use will require an Administrative Review and will still be required to meet
current ADU requirements. The definition of "Dwelling Unit, Accessory" will be updated to limit
the overall size to 1000 square feet. This use will be permitted by-right in all zone districts.
Broadly, the changes are as follows:
The following pages describe the proposed changes in detail
Prop osed Dwelling Unit Amendments
Lot Size Additional Dwelling Unit Options Review Process
Minimum Lot Size for
Zone District
ADU permitted by-right up to 1"000 square feet Building Permit
Double Minimum Lot
Size for Zone District
ADU permitted by-right up to 1000 square feet
or
Secondary Dwelling Unit up to L,500 square feet
Building Permit
Administrative Land Use
Change & Building Permit
4 Acres or Greater ADU permitted by-right up to 1000 square feet
or
Secondary Dwelling Unit up to 3,000 square feet
Building Permit
Administrative Land Use
Change & Building Permit
2lPage
P ed Land Use an D lo ment Code Amendments
ARTICLE 3 Existing Proposed
Page 3-22 Table 3-403 Dwelling Unit,
Accessory
Requires
Administrative
Review
Permitted by-right
Page 3-22 Table 3-403 Dwelling Unit,
Secondary
Use is not listed Create use category -
Requires
Administrative Review
Subject to 7-70L
requirements
ARTICLE 5 EXISTING PROPOSED
Page 5-2 s-102 (F)Exemptions from
Subdivision
Exempts ADU's and
2-Family Dwelling
Units from
Subdivision
lnclude Secondary
Dwelling Unit ín this
category
ARTICLE 7 EXISTING PROPOSED
PageT-2O 7-302 (M)Backing Onto Public
Streets Prohibited
Current definition
includes single-
family and duplex,
but does not include
Accessory Dwelling
Unit or Secondary
Dwelling Unit
lnclude Secondary
Dwelling Unit,2-unit
dwelling units and
Accessory Dwelling
Unit
Page 7-2O 7-303 Landscaping
Standards
Single-Family
Dwelling Units,
Accessory Dwelling
Units, lndustrial
Uses and all uses
located fully within a
parcel of land in an
lndustrial Zone
District are exempt
from this section.
Include Secondary
Dwelling Units and 2-
Unit Dwelling Units as
exempt
7-34 7-701.Accessory Dwelling
Unit Standards
Currently, a lot is
only permitted to
have one accessory
dwelling unit and
one single-family
unit.
lnclude statement that
only an Accessory
Dwelling Unit or
Secondary Dwelling
Unit is permitted on a
lot, but not both.
3lPage
ARTICLE 7 CONTINUED EXISTING PROPOSED
PageT-34 7-70L Accessory Dwelling
Unit Standards
This proposes to
update the
accessory dwelling
unit requirements
- Change Maximum
Floor Area to be
limited to L000 square
feet in floor area
- Change Minimum Lot
Area to only require
that the lot meets
minimum lot size
requirements
- Remove requirement
for separate entrance
Page 7-34 7-70L Accessory Dwelling
Unit
There are no
standards for
secondary dwelling
units, this update
proposes to use the
existing accessory
dwelling unit
requirements for the
new secondary
dwelling unit use
- Use existing
Accessory Dwelling
Unit Standards for
Secondary Dwelling
Unit standards, but
remove requirement
for separate entrance
PageT-45 7-902 Nu rsery/Greenhouse One single family
dwelling unit is
permitted to be
accessory to a
nu rsery/greenhouse
It should be changed
to read just dwelling
unit rather than
accessory.
Remove Accessory
from title of 7-9O2 (A)
ARTICLE 15 EXISTING PROPOSED
Page 15-10 Article 1"5 Dwelling Unit A building used
exclusively for
residential
occupancy including
single-unit
dwellings, 2-unit
dwellings, and multi-
unit dwellings.
A building or a portion
of a building used
exclusively for
residentia I occupa ncy,
including Single-Unit
Dwellings, Accessory
Dwelling Units,
Secondary Dwelling
Units, 2-Unit
Dwellings, and Multi-
Unit Dwellings.
4lPage
ART¡CLE 15 CONTINUED EXISTING PROPOSED
Page 1-5-10 Article L5 Dwelling Unit,
Accessory Definition
A dwelling unit
considered
secondary to a
primary dwelling
unit for use as a
complete
independent living
facility on the same
parcel as a
permitted principal
use and that meets
dimensionaland
other requirements
applicable to the
principal use, which
may be attached to
the primary
dwelling.
A dwelling unit
considered accessory
to a Single-Unit
Dwelling for use as a
complete independent
living facility. The
Accessory Dwelling
Unit shall be located
on the same lot and
may be attached to or
detached from the
Single-Unit Dwelling.
Page 1-5-10 Article 15 Dwelling Unit,2-Unit Defined as "A single
building consisting
of 2 dwellings"
A single building
consisting of 2
dwellings that does
not include any
combination of an
accessory or secondary
dwelling unit, and/or a
Single-Unit Dwelling.
Page 15-1"0 Article L5 Dwelling Unit,
Secondary
Currently there is no
definition for a
Dwelling Unit,
Secondary.
A dwelling unit
considered secondary
to a Single-Unit
Dwelling for use as a
complete independent
living facility. The
Secondary Dwelling
Unit shall be located
on the same lot and
may be attached to or
detached from the
Single-Unit dwelling.
5lPage
Page L5-10 Article L5 Dwelling Unit, Single
Family
"A building designed
exclusively for
residential
occupancy. A single
structure with 1 or
more rooms
designed to function
as a single living
facility and
containing only 1
kitchen plus living,
sanitary, and
sleeping faciIities."
A building or portion of
a building designed
exclusively for
residentia I occupa ncy.
A single structure with
L or more rooms
designed to function as
a single living facility
and containing kitchen
facilities plus living,
sanitary, and sleeping
facilities
TEXT AMENDMENT PROCESS
The process requires a noticed public hearing before the Planning Commission for review and
recommendation and a noticed public hearing before the Board for a final decision.
LUDC CRITERIA FOR A TEXT AMENDMENT
Section 4-1,14 outlines the procedures and criteria for consideration of a Land Use Code Text
Amendment request to the LUDC. The criteria for approval of a Land Use Code Text Amendment are as
follows:
t. The proposed text amendment is in compliance with any applicable intergovernmental
agreements; and
There are no intergovernmental agreements impacted by the proposed text amendment.
2. The proposed text amendment does not conflict with State law
The proposed text amendments do not conflict with State law.
RECOMMENDED FINDINGS
Staff recommends that the Planning Commission recommend approval of the Text Amendment
application to the Board of County Commissioners.
1. That proper public notice was provided as required for the hearing before the Planning
Commission.
2. The hearing before the Planning Commission was extensive and complete, that all pertinent
facts, matters and issues were submitted and that all interested parties were heard at that
meeting.
6lPage
3. That the Code Text Amendment is in compliance with the criteria for approval established in
Section 4-L74 of the Land Use and Development Code; and
4. That for the above stated and other reasons the proposed Code Text Amendment is in the best
interest of the health, safety, convenience, order, prosperity and welfare of the citizens of
Garfield County.
TlPage
ARTICLE 3- USE TABLE
P I P P P P EXEMPTAgricullureP
P EXEMPTPPePBuildrng or ìilrucluÍ€ Necessary ro
AgficrJllural Operalions, Acæssory
P P I P P P P EXEMPT
Genorâl
Forestry
A L L L e P P P POfi€ite
P F t P P P P EXEMPTAt Point of Produc{ion P P P P P
Ffoducls
Processing,
Storage,
Ðistribulion, and
Salê
P P t-601PeAn¡mal Sanctuary
M t a t-602An¡mal Processlng M
MMuIFeedlot, Comm€rc¡al
L il L L A I L L 7-603Kênnel, Small
7-603tJlLLAtLLKennel, Large
P P a P PRÍding Stable
AT
P
T
P
L
T
P
A
T
a
T
t
T
P
T
t_
T
P
7-604AI
P
Animals and
Related Services
Household L¡ving
T
P
L
T
P
Yeter¡nary Cl¡n¡c
Dtvell¡ng, S¡ngle-Unll (pet legal ¡ot)
A A A A A A aDwolling,2{n¡t
L L A L L L L tDwelling, Multi-UnÍt
P P P P P P P I P P P P 7J|t1D$/elllng Unit, Acæssory
à A A A A A a A A A A 7-7fr1tlwdl ng Un¡1, Secmdary A
P PPCebin
Residenti¡l ilonresidentíal Resource Land Unless exenìpted,
Use TypeUse çafegory
AGRICULTURAL Al.¡û At{l¡iAL-RE LATED U 5E$
IIIIIII
RESIDEHÌIAL USES
ITIIII
IIIIIT
¡rll
IIIII
Districts Districts Zone Districts uses musl comply w¡lh
ARTICLE 5: DIVISIONS OF LAND
GENERAL PROVISIONS.
5-IOI. TYPES OF LAND D N.
Division of land is classified by the County as either a "Subdivision" or an "Exemption."
Definition of Subdivision.
The division of land into 2 or more parcels is a Subdivision and subject to Subdivision
Review unless specifically exempted as follows:
Such division occurs by operation of law, without BOCC action, as detailed in
section 5-201; or
Such division is established by the BOCC as a County Exemption, consistent with
C.R.S. $ 30-28-101(1OXd), pursuant to sections 5-202 and 5-203.
Sales Prohibited Prior to Platting.
No person with any interest in land located within a Subdivision or Exemption shall
transfer, agree to sell, , or sell any land before the Final Plat has been approved by the
BOCC and recorded with the County Clerk and Recorder.
5.102. PROCESSES EXEMPT FROM SUBDIVISION AND EXEMPTION REVIEW.
The following are not "subdivisions" or "subdivided land" as those terms are defined by State law
and are not subject to County Subdivision or Exemption Review.
A. Boundary or Lot Line Revision or Gorrection.
Revision to Lot Lines or boundary lines for parcels of land outside of a recorded Plat for
the purpose of revising boundary or parcel lines shall constitute a boundary or Lot Line
revision or correction. lf the proposed change affects a lot within a recorded Subdivision
or an approved Exemption, it does not qualify as a boundary or Lot Line adjustment and
the change must be processed as an Amended Plat pursuant to section 5-305. The
proposed change shall meet the following criteria:
There will be no new lots created;
There will be no loss of access;
There will be no loss of utility service to the parcels;
No parcel of land created as a state-exempt 35 acre or greater lot (pursuant to
C.R.S. S 30-28-101(10)b) or (1OXcXl)) will be reduced to less than 35
acres;
Merger occurs by way of a recorded deed; and
Title is held in the same form and quality of ownership, for example: fee ownership
must remain fee ownership; fee ownership with the possibility of reverter
must remain fee ownership with the possibility of reverter; joint tenancy with
right of survivorship must remain joint tenancy with right of survivorship.
Garfield County Owned ProPertY.
Leases, easements, and other similar, limited property interests in property owned by
Garfield County.
Pipelines and Facilities Appurtenant to Pipelines.
Leases, easements, surface use agreements, and other similar, limited property interests
in land used for oil and gas facilities accessory to a pipeline, as defined in Article 9.
2
Telecommunication Sites.
Leases, easements, and other similar, limited property interests in land used for
telecommunication sites, including without limitation, cell phone, television, and radio
tower sites.
Public Utilities Gommission Authority.
Land used for a facility sr-rbject to Pulrlic Utilities Commission Authority and regulated as
a Public Utility through the issuance of a certificate of public convenience and necessity
in accordance with the Colorado Public Utilities Law, C.R.S. $ 40-1-101, ef seg.
ADU, Secondary Dwelling Unit, or 2-Family Dwelling Unit'
An Accessory Dwelling Unit, Secondary Dwelling Unit, or 2-Unit Dwelling, subject to
leasehold interests only and not for separate sale/gift, and complying with this Code
Certain Leasehold lnterests.
A leasehold interest, whether commercial or residential, and whether for the whole or a
portion of a single lot, conveyed by a legally adequate writing for a defined term. The use
associated with the leasehold interest must comply with this Code. lf the leasehold interest
is changed to either an ownership interest (e.9. from apartments to Condominiums), then
the formerly exempt leasehold parcel is no longer exempt from the definition of
Subdivision.
Gertain Private Easements.
Private easements between a grantor and a grantee, including Conservation Easements,
regardless of whether the burdened and dominant estates are within a recorded
Subdivision or Exemption.
3
ARTICLET: STANDARDS
7.302. OFF.STREET PARKING AND LOADING STANDARDS.
A. Off-Street Parking Required.
All land uses shall be required to provide the number of off-street parking spaces set forth
in Table 7-302.A. Any use not specifically listed in Table 7-302.A. shall be determined by
the Director.
1. A parking or loading space that is required by this Code shall not be a
required parking or loading space for another use unless it can be shown
that the shared use will not result in a shortage of parking at any time. Use
of approved shared parking or loading spaces, based upon the following
conditions, may reduce the number of off-street parking spaces by up to
20o/o of the total required for all uses.
a. The peak use periods for the required parking or loading space will
not overlap with one another.
b. The shared use arrangement for parking or loading spaces shall be
for 2 or more uses located on the same site or adjoining sites.
2. When any calculation of the number of required off-street parking spaces
results in a fractional space being required, such fraction shall be rounded
up to the next higher number of spaces.
B. Off-Street Loading Required.
Buildings or structures that are designed or that are substantially altered so as to receive
and distribute materials and merchandise by truck shall provide and maintain off-street
loading spaces in sufficient number to meet their need. Where the property or use is
served or designed to be served by tractortrailer delivery vehicles, the standards in Table
4
2 Spaces Per UnitSinole-Unit
2 Soaces Per Unit2-Unit
2.5 Spaces Per UnitMulti-Unit
2 Spaces Per UnitManufactured Home Park
1 Space Per UnitTransitional Housing
Area
1S
1
Staff,
Per 100 Souare Feet ofAuditorium/Public Assembly Areas
Ove Shelter
1 Space Per 300 Square Feet of Floor Area2Public Facilitv
uare Feet of Floor Area21S
I Space Per Room
Per 300Health F
Lodqing I Soace Per Everv 4 SeatsRestaurant and Tavern
1 Soace Per 250 Square Feet of Leasable Floor AreaRetail, Service, or Office
I space per 2,000 square feet of Floor AreaWholesale Establishment, Warehouse, Rail or
Truck Freiqht Terminals
1 Soace Per 1.000 Souare Feet of Floor Area
1 Recreational VehicleRecreational Vehicle Park
Manufacturinq Establishments
Table 7-302.A.: Minimum Off-Street Parking Standards By Use
Parking Standard
USES
COMMERCIAL
Use Type
RESIDENTIAL USES
1 SpaceUp to 10,000 Square Feet
2 SpacesGreater Than 10,000 Square Fcct
Table 7-302. B : Off-Street Load i n g Req u irements
Gross Floor Area of Building ired Berths or Spaces
7-302.8. shall be used in establishing the minimum number of off-street loading berths
required.
G. Gontinuing Obligation.
The provision and maintenance of off-street parking and loading spaces that comply with
this Code shall be a continuing obligation of the property owner.
D. Location of Required Parking Spaces.
Required off-street parking spaces shall be located on the same lot or the adjacent lot
proximate to the business they are intended to serve.
E. Loading and Unloading.
Loading and unloading of vehicles serv¡ng commercial and industrial uses shall be
conducted in a manner that does not interfere with the proper flow of traffic.
F. Parking and Loading Area Surface.
1. Surface Materials. Off-street parking areas, loading areas, aisles, and
access drives shall have a durable, all-weather surface made of materials
that are suitable for the uses to which the parking area will be put.
2. Grading and Drainage. Parking and loading surfaces shall be design by
an engineer to ensure proper drainage off surface and stormwater.
3. Striping. Paved surfaces shall be striped to demarcate the parking spaces
for all commercial lots and for residential lots containing over 4 contiguous
spaces.
G. Minimum Dimensions of Parking Areas.
The minimum dimensions of parking spaces, aisles, and back-up areas are specified in
Figure 7-302. The length of a parking space may be reduced to 18 feet, including wheel
stop, if an additional area of 2 feet in length is provided for the front overhang of the car,
provided that the overhang shall not reduce the width of the adjacent walkway to less than
4 feet.
H. Gompact Gar Spaces.
ln parking areas containing more than 10 spaces, up to 20% of the number of spaces over
the first 10 spaces may be designed and designated for compact cars.
1. Minimum Dimensions. A compact car space shall have minimum
dimensions of 8 feet in width by 16 feet in length.
2. Signage. Compact car spaces shall be designated for exclusive use by
compact cars and identified by stencil signage or a raised identification sign
not to exceed dimensions.
REGULAR SPACE
I'X 20'
1
COMPACT CAR SPACE
8'XI6'MINIMUM -0u
Figure 7-302: Parking Space Dimensions
5
l. Minimum Dimensions of Loading Berths.
The minimum dimension of any loading berth shall be 10 feet wide by 35 feet long, with a
vertical clearance of 14 feet. lf the typical size of vehicles used in connection with the
proposed use exceeds these standards, the dimensions of these berths shall be
increased.
J. Handicapped or Accessible Parking.
Accessible parking shall comply with the County's construction codes and the adopted or
most recent edition of CABO/ICC ANSI A 117.1.
K. Unobstructed Access.
Each required parking space shall have unobstructed access from a road or Alley, or from
an aisle or drive connecting with a road or Alley, except for approved residential tandem
parking.
L. Tandem Parking.
Tandem parking (a vehicle parking directly behind another) that meets the following
conditions may be applied to meet the off-street parking standards of this Code:
1. The space does not impede the movement of other vehicles on the site;
2. Tandem spaces serving multi-family dwelling units are assigned to the
same dwelling unit; and
3. Valet parking shall be provided for tandem spaces serving commercial
uses.
M. Backing Onto Public Streets Prohibited.
All parking areas shall be located and designed in conjunction with a driveway so that
vehicles exiting from a parking space shall not be required to back onto a public road.
Vehicles exiting from a parking space for a single-family, Accessory Dwelling Unit,
Secondary Dwelling Unit, or d{rp{ex 2-Unit dwelling unit may back onto a residential street.
Vehicles exiting from a parking space for any use may back onto the right-of-way of an
Alley adjacent to the property.
N. Access Driveways.
Access driveways for required off-street parking areas shall be designed and constructed
to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and
the maximum safety of pedestrian and vehicular traffic on the site.
1. Minimum Width.
a. The minimum width of the access driveway for a commercial or
industrial use shall be 12 feet for a 1-way drive and 24 feelfor a 2-
way drive.
b. The access driveway for a residential use shall be 10 feet for a 1-
way drive and 20 feet for a 2-way drive.
2. Clear Vision Area. Access driveways shall have a minimum clear vision
area as described and illustrated in section 7-303.1.
O. Parking and Loading Area Landscaping and lllumination.
Off-street parking and loading areas for nonresidential uses located adjacent to residential
uses or Residential Zoning Districts shall be landscaped to minimize disturbance to
residents, including installation of perimeter landscaping, proper screening of loading
areas with opaque materials, and control of illumination.
6
7.303. LANDSCAPING STANDARDS.
Single-Family Dwelling Units, Accessory Dwelling Units, Secondary Dwelling Units, 2-Unit
Dwelling Units, lndustrial Uses and all uses located fully within a parcel of land in an lndustrial
Zone District are exempt from this section.
A. General Standards.
1. All portions of the site where existing vegetative cover is damaged or
removed, that are not othenruise covered with new improvements, shall be
successfully revegetated with a mix of native, adaptive, and drought-
tolerant grasses, ground covers, trees and shrubs. The density of the re-
established vegetation must be adequate to prevent soil erosion and
invasion of weeds after I growing season.
2. Landscaping shall not obstruct fire hydrants or utility boxes and shall be
installed so it will not grow into any overhead utility lines. Trees and shrubs
shall not be planted within 4 feet of existing overhead or underground lines
B. Multi-Family Development.
Lots in a Residential Zone District that contain multi-family dwellings shall be landscaped
in the areas not covered by impervious materials.
C. Subdivision, PUD, and Rural Land Development Exemption.
Landscaping in a residential Subdivision, Planned Unit Development, or Rural Land
Development Exemption shall be consistent with the character of the development, the
unique ecosystem, and specific environment in which the development is located.
D. Plants Compatible with Local Conditions.
All plants used for landscaping shall be compatible with the local climate and the soils,
drainage, and water conditions of the site. When planting occurs on hillsides, Slopes,
drainage ways, or similar natural areas, plant material should duplicate adjacent plant
communities both in species composition and special distribution patterns. Whenever
possible, drought-resistant varieties of plant materials shall be utilized. Xeriscape design
principles and the use of native plant species shall be used when appropriate.
E. Existing Vegetation.
Healthy trees, native vegetation, natural or significant rock outcroppings, and other
valuable features shall be preserved and integrated within planting areas.
F. Minimum Size.
To ensure healthy plant materials are installed in new development, trees and shrubs shall
complywith the quality standards of the Colorado NurseryAct, 1973 C.R.S. Title 35, Article
26.
3. Deciduous Trees. Deciduous trees shall be a minimum of 1-1l2 inches in
caliper, measured at a point 4 inches above the ground.
4. Coniferous Trees. Coniferous trees shall be a minimum of 4 feet in height,
measured from the top of the root ball to the top of the tree.
5. Ornamental Trees. Ornamental trees shall be a minimum of 1-112 inches
in caliper, measured at a point 4 inches above the ground.
6. Shrubs and Vines. Shrubs shall be a minimum of 1 foot in height at time
of planting. Vines shall be in a minimum 1 gallon container.
G. Minimum Number of Trees and Shrubs.
Trees and shrubs must be grouped in strategic areas and not spread thinly around the
site. Where screening is required, plant materials must be sufficient to create a semi-
opaque wall of plant material between the property and the adjoining area to be screened.
7
H. Parking and Storage Prohibited.
Areas required as landscaping shall not be used for parking, outdoor storage, and similar
uses, but may be used for snow storage if designed in compliance with section 7-305,
Snow Storage Standards.
l. Clear Vision Area.
A Çlear Vieion Area is the area formed by the intersection of the driveway centerline road
right-of-way, the other road right-of-way line, and a straight line joining said lines through
points 20 feet from their intersection as illustrated rn l-tgure /-303.4. Within a Clear Vision
Area, plant materials shall be limited to 30 inches in height to avoid visibility obstructions
or blind corners at intersections as illustrated in Figure 7-303.8.
ROW
CLEAR VISION AREA
RESTRICTED PLANÏING AREA
Figure 7-303 A: Clear Vision Area Space.
7.701. ACCESSORY DWELLING UNIT SECONDARY DWELLING UNIT
A lot may be permitted to have either an Accessory Dwelling Unit or a Secondary Dwelling Unit
in addition to a Single-Unit Dwelling, but not both.
A. Accessory Dwelling Unit Standards
1) Maximum Floor Area.
The Floor Area of an ADU shall not exceed 1,000 square feet.
2l Ownership Restriction.
An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home
Office/Business use only.
3) Gompliance with Building Gode.
Construction shall comply with the standards set forth in this Code and with Building Code
requirements.
4l Minimum Lot Area.
The minimum Lot Size for an ADU is either:
a,--2-eeres;-erThe minimum lot size in that zone district.
intmum
lze=
ffTT
8
DIVISION 7. ADDITIONAL STANDARDS FOR RESIDENTIAL USES.
g)--gn+anee to ÐwellinglU+tit'
6) One per Lot.
One Accessory Dwelling unit which is subordinate to a Single-Unit (primary) dwelling unit is
allowed per legal lot.
B. Secondary Dwelling Unit Standards
f ) Maximum Floor Area.
The Floor Area of a Secondary Dwelling Unit shall not exceed 1,500 square feet for a lot less
than 4 acres. The Floor Area of a Secondary Dwelling Unit shall not exceed 3,000 square
feet for any lot 4 acres or greater.
2l Ownership Restriction.
A Secondary Dwelling Unit is restricted to leasehold interest in the dwelling unit and is for
residential or Home Office/Business use only.
3) Gompliance with Building Gode.
Construction shall comply with the standards set forth in this Code and with Building Code
requirements.
4l Minimum Lot Area.
The minimum Lot Size for a Secondary Dwelling Unit is either:
a. 2 acres, or
b. For lots in zone districts with a minimum Lot Size of less than 2 acres, the minimum
Lot Size is twice the minimum required Lot Size.
5) One per Lot.
One Secondary Dwelling unit which is subordinate to a Single-Unit (primary) dwelling unit is
allowed per legal lot.
7.902. N U RSERY/GREE NHOUSE.
A. loeesseryDwelling Unit.
One Single-Family Dwelling Unit occupied by the owner, operator, or manager shall be
considered accessory to this use.
B. Storage of Materials and Equipment.
Storage of materials and equipment directly related to an on-site Nursery shall be
considered accessory to and incidental to the operations.
9
Article I 5: Definitions
Dwelling Unit. A building or a portion of a building used exclusively for residential occupancy,
including Single-Unit Dwellings, Accessory Dwelling Units, Secondary Dwelling Units, 2-Unit
Dwellings, and Multi-Unit Dwellings.
Dwelling Unit, 2-Unit. A single building consisting of 2 dwellings that does not include any
combinaiion of an Accessory or Secondary Dwelling Unit and/or a Single Unit Dwelling.
Dwelling Unit, Accessory. A dwelling unit considered seeenCa+y accessory to a primary
dwelling unit Single-Unit Dwelling for use as a complete independent living facility. The Accessory
Dwellinþ Unit shall be located on the same lot and may be attached to or detached from the
pr+mary Single-Unit Dwelling.
Dwelling Unit, Attached. A residential building containing dwelling units, each of which has
primary ground floor access to the outside and which are attached to each other by legally divided
party waìls without openings. The term is intended primarily for such fee simple title ownership
of dwelling types as townhouses and duplexes.
Dwelling Unit, Detached. A single-unit dwelling that meets the Building Code.
Dwelling Unit, Multi-Unit. A dwelling containing 3 or more dwelling units, not including hotels,
motels, fraternity and sorority houses, and similar group accommodations.
Dwelling Unit, Secondary. A dwelling unit considered secondary to a Single-Unit Dwelling for
use as ã complete independent living facility. The Secondary Dwelling Unit shall be located on
the same lot and may be attached to or detached from the Single-Unit dwelling.
Dwelling Unit, Single Family or Single-Unit. A building or portion of a building designed
exclusively for residential occupancy. A single structure with 1 or more rooms designed to
function aâ a single living facility and containing en{y+ kitchen facilities plus living, sanitary, and
sleeping facilities.
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