POMC 20.68 – Accessory Dwelling UnitsChapter 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.
20.68.080 Inspection.
20.68.090 Violations.
20.68.100 General requirements.
20.68.110 Bulk, location and design requirements.
20.68.010 Accessory dwelling units - Defined.
For the purpose of this chatete
Art-aAccessory dwelling unit"
apartment or mixed -use shopfront buildings.
"Attached accessory dwelling unit" means an accessory dwelling unit no larger than 1,000 square
feet aocated within or attached to a single-family, housing unit (detached house), duplex,
fournlex, townhouse, or other housing unit exceptapartment or mixed -use shopfront buildings.
"Detached accessory dwelling unit" means an accessory dwelling unit that consists partly or
entirely of a building that is separate and detached from a single-family housing unit (detached
house), duplex,plex, fourplex, townhouse, or other housing unit exceptapartment or mixed -use
shopfront buildings.
"Gross floor area" means the interior habitable area of a dwelling unit including basements and
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"Owner" or" "property owner" means any person who has at least 50 percent ownership in a
property on which an accessory dwelling unit is located.
(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 low and moderate income people.
(d) Provide an increased choice of housing that responds to changing needs, (e.g., persons
with disabilities, impaired mobility). lifestyles (e.g., young families, retired), and modern
development technology.
(e) Prote -Promote 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 and promote sustainable practices by en„, orderto better utilizin e
existing infrastructure and community resources, whileand to supporting public transit�wtd
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.
Aft building permit for an ADU art is a Type I action and shall be reviewed and considered in
accordance with the procedures for such actions as set forth in Subtitle 11 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)).
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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).
. (Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
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The Ceity 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:
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eentaining not more than one singie-farniiy dvveR+n-g-.
(2) Number of ADUs per Lot. No more than ei-m-two ADUs whether of variation of pessary
apartments-Ottached accessory dwelling units and/or a backyard cot detached accessory
dwellin nit , shall be permitted on one lot. Provided, however, that the development of an ADU
shall not be permitted if it results in the exceedance of the unit density for the lot which is
established in the underlying zoning district.
(3) Occupancy. The maximum number of occupants in anyADU shall be four persons. Maximum
occupancy may be further Urnitedis regulated 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, where more than one home business or home occu ap tion
exist on the lot. if , only one of the
two -dwelling units 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 aftwedprohibited, and thre
an attached 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. ADUs, refer to POMC 20.32.030, Backyard cottage. For an attached ADU that
shall not exceed
square footage of the residentiai dweRing amd the ADU combined, after modification Or
construction, or a gross floor area of 1,000 square feet., whiehever is greater. For an attached
that is aceessory to a commercial or industrial tise, the ADU shall not exeead 1,000 square feet.
(4) BuiLd_i_ Height. The maximum building height for an ADU shall not exceed the
maximum building height permitted for structures within the zoning district and, where applicable.
the height overlay district in which the ADU is located., refer to POMC 20.32.030, Backyard cottage
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'. For an attached ADU that is accessory to the rp incipal building. the
ADU building height shall not exceed the maximum building height of the principal building type.
However, in no instance shall the maximum building height of an ADU be restricted to less than 24
feet unless a lower height limit also applies to the principal building on the lot.�efer to the
appropriate building type in Chapter 20.32 POMC.
(5) Location. An detached ADU shall be permitted as an accessorvseeend dwelling unitAo the
accessory to a detached dwelling uni-t-principal building on the same Lotand, shallbe located On the
(6) Setbacks and Lot Coverage. ADU; must comply with the zoning regulations for
the district in which it is located.refer tepew) 20.3s2�0, Baekyard cottage. For an attached ABIJ
that is accessory to a commeremal: or industrial use, refer to the appropriate bumiding type in Chapter
^--^.�-C. The calculation of lot coverage shall include all buildings on the lot or site, including
the ADU, the primary singie-rinci al �ilding (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. ADUs that abut a public alley be sited at the
lot line.
(7) Design —Attached ADUs. An attached ADU shall be designed to maintain the architectural
design, style, appearance, and character of the -
family residence and the development standards of the zoning district in which it's located—d"
. 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.
be located Hi the front facade of the dweffing. If a separate outside entrance is , iecessai y for an
attached ADU, it must be Located amther off the rear or side of the ma*n buRding. Stich entrance
must not be visible from the same vmevv of the buRding which encompasses the ifflaim enti-ance to
(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.
(+69) 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
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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.
include confiLlurations of one attached accessory dwelling unit and one detached accessory
which may be comprised of either one or two detached structures.
(Ord. 021-20 § 2; Ord. 011-19 § 4 (Exh. 1)).
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