HomeMy WebLinkAbout0823 18.10 Accessorry Dwelling UnitsCITY OF CHUBBUCK, IDAHO
ORDINANCE NO.6Z 3
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING CHAPTER
18.10, ACCESSORY DWELLING UNITS (ADU) TO SET FORTH THE PURPOSE OF THE
CHAPTER TO ALLOW MORE ECONOMICAL AND EFFICIENT USE OF LAND;
SETTING FORTH REQUIREMENTS FOR OWNERSHIP WITHIN CERTAIN ZONES AND
PROVIDING DEFINITIONS; PROVIDING WHERE AN ADU MAY BE LOCATED ON
PROPERTY; PROVIDING FOR THE SIZE AND HEIGHT OF AN ADU; SETTING FORTH
REQUIREMENTS FOR PARKING AND ACCESS TO AN ADU; REQUIRING AN ADU TO
BE COMPATIBLE WITH THE MAIN STRUCTURE ON THE PROPERTY; PROVIDING
PROCEDURES FOR PERMITTING OF AN ADU AND HOW AN ADU ACCESSES CITY
SERVICES; AMENDING SECTION 18.12.040 MISCELLANEOUS SUPPLEMENTAL
CONTROLS TO PROVIDE FOR THE CONVERSION OF A DWELLING TO ALLOW AN
ADU; AMENDING SECTION 18.08.040 SCHEDULE OF GENERAL LAND USE
CONTROLS TO DELETE THE PROVISION FOR A RESIDENTIAL RENTAL DWELLING
AND ADD PROVISIONS FOR AN ADU; REPEALING SECTION 18.12.030 PERMIT
PROCEDURES FOR A RESIDENTIAL RENTAL DWELLING; REPEALING PRIOR
CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE
PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF
CHAPTERS 18.08 AND 18.12 NOT AMENDED SHALL REMAIN IN EFFECT; AND
PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Adoption of new Chapter 18.10. The following Chapter 18.10 is
hereby adopted:
Chapter 18.10
ACCESSORY DWELLING UNITS
18.10.010. Purpose: The purpose of this chapter is to: allow a more economic and efficient use
of the City's housing supply, land, and infrastructure; provide a mix of housing that responds to
changing family needs; provide a means for homeowners, particularly seniors, single parents,
and families with grown children, to remain in their homes and neighborhoods, and obtain extra
income, security, companionship and services; protect neighborhood stability and property
values; and maintain the appearance and character of Chubbuck's single household
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neighborhoods.
18.10.020: Ownership: If the proposed accessory dwelling is located in the A, R-1, R-2 or R -2P
zone:
A. The owner of the property on which the accessory dwelling is to be created shall occupy one
or the other of the dwelling units. For the purposes of this section:
Owner shall mean one or more individuals who hold title directly or indirectly to
the dwelling, and for whom the dwelling is the primary residence; a natural or
adopted parent, grandparent, child, grandchild, aunt, uncle, brother, sister, niece,
or nephew of the owner of the dwelling may be considered the owner occupying
one or the other of the dwelling units.
2. Owner occupancy shall mean a property owner who makes his or her legal
residence at the site, as evidenced by voter registration, vehicle registration, or
similar means, and resides at the site more than six months in any given year.
B. Before obtaining a building permit, a deed restriction shall be recorded requiring that either
the primary unit or the accessory unit be owner occupied and that the accessory dwelling shall
not be sold separately. The deed restriction shall run with the land, but may be lifted at a future
time if the main dwelling and the accessory are converted back into a single residence, or the
property conforms to current zoning standards.
18.10.030: Location:
A. An accessory dwelling unit is located on the same lot as a single household dwelling unit,
either within the same building as the single household dwelling or in a detached building such
as a guest house or attached to a garage. It shall not be attached to a duplex or other multi -family
structure.
B. An accessory dwelling unit may also be attached to or part of a non-residential structure or
land use, such as a caretaker unit, parsonage, live -work unit, or loft apartment. Multiple
apartments above or behind commercial space in mixed-use buildings are not considered
accessory dwellings.
C. Accessory dwelling units are permitted, conditionally permitted, or permitted with restrictions
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throughout the City, per the Schedule of General Controls; Land Uses by Districts found in
18.08.040.
18.10.040: Size and Height:
A. Accessory units associated with a single household dwelling shall be smaller than and clearly
subordinate to the primary dwelling unit, and no larger than 1,000 square feet in size. If the
accessory dwelling will occupy one level of the home (e.g., basement), it is not feasible to use
the remaining area on that level as part of the primary dwelling, and it meets all other
requirements of this chapter, it may be authorized by the Director or his designee to occupy the
entire level, regardless of size.
B. An accessory dwelling unit associated with a non-residential structure or land use shall not be
limited in size but must be smaller than, and subordinate to, the primary land use.
C. If an accessory dwelling is created from new construction attached to or detached from an
existing home, the height thereof shall not exceed the height of the main structure on site, or as
permitted by the underlying zoning district, whichever is less.
18.10.050: Parking and Access:
A. For accessory units associated with a single household dwelling, one (1) additional off-street
parking space shall be required in addition to the spaces required for the primary dwelling.
Garages and carports may be included in the required amount of off-street parking. Driveway
parking spaces shall be at least 10' wide and 20' deep. Garages must be setback from the interior
edge of the sidewalk by at least twenty feet (20') to prevent vehicle overhang.
B. For accessory units associated with a non-residential structure or land use, parking may be
shared with the primary land use, but at least one (1) parking space shall be dedicated for each
bedroom if the dwelling is greater than 1,000 square feet in size.
C. A waiver to the parking requirements may be granted by the Director subject to
documentation that unusual circumstances of the occupancy will result in a reduced need for
parking on the premises and will not negatively impact the neighborhood. The waiver and the
circumstances allowing for the waiver will be documented in the deed restriction required in
Section 020, above.
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D. A walkway shall be provided from the accessory unit to the street, and shall be a minimum of
three feet (3') wide and shall be finished with a hard all-weather surface.
18.10.060: Design Compatibility:
A. In order to maintain an exterior consistent with the primary dwelling and the character of the
neighborhood, or the associated non-residential structure or land use, any additions or
modifications to create an accessory dwelling unit shall incorporate materials, colors, and design
motifs that are compatible with and complement of the primary dwelling or land use, including
siding, roofing materials, exterior colors, window trim, and roof style. If it is not feasible for the
accessory dwelling to meet these requirements, an alternative design may be approved through a
Design Review process.
B. For accessory dwelling units attached to a house, any outside entrance must be on the side or
rear. Entrance to the accessory dwelling may be located on the front building elevation of the
house only if using an entrance already in existence.
C. The accessory dwelling shall not be created in or from a production building, vehicle, or
temporary structure. Conversion of a garage is not permitted unless the required parking can be
sited legally elsewhere on the property.
18.10.070: Permit Procedures For Accessory Dwelling Units:
A. Any person applying for an accessory dwelling unit shall make application as set forth in this
Title and Title 15.
B. If the proposed location lies in the R-1, R-2, or R -2P zone, the applicant shall, on an
application form provided by the city, list the names and addresses of all owners of record of
property from the outermost points where applicant's property borders the city street, for three
hundred feet (300) each way from that point along and on either side of said city strect(s).
If the accessory unit will be all or partly in the rear yard, or consists of new
construction or an expansion, owners of record of property adjacent to the rear
property line shall be included.
2. If all of the above described owners sign the applicant's petition for an accessory
dwelling permit, then said permit shall be granted, provided all other
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requirements of this chapter and Title 15 of this code are satisfied.
3. If any owner of record refuses to sign the petition, the applicant shall be required
to seek the issuance of a Conditional Use Permit for the accessory dwelling.
C. If the proposed location lies in the A, C-2 or I zone a Conditional Use Permit shall be
required.
D. Any accessory dwelling unit that is attached to or associated with a primary residence shall be
served by the same water, sewer, solid waste, electric, and natural gas utility connections and the
same postal service address as the primary residence, unless otherwise required by the utility
provider or US Postal Service.
Section 2. Adoption of amended Section 18.12.040. The following amended
Section 18.12.040 is hereby adopted
18.12.040: Miscellaneous Supplemental Controls
A. Conversion Of Dwelling To More Units: A dwelling may not be converted to accommodate
an increased number of household units unless:
The yard dimensions still meet the requirements herein for new structures in that
district.
2. The lot area per household equals the lot area requirements for new structures in
that district.
The conversion results in aqualified Accessory Dwelling Unit in compliance with
this code.
4. The conversion is in compliance with all other relevant codes and ordinances.
Section 3. Adoption of amended Section 18.08.040. The following
amended Section 18.08.040 is hereby adopted
18.08.040 SCHEDULE OF GENERAL CONTROLS; LAND USES BY DISTRICTS:
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Land Uses
Land Use Districts
-
A
R -1T-
R -3 J
R-4
C-1
C-2
Y
Residential Dwellings (subject to density restrictions):
Single household dwelling
P
P
P
P
C
C
C
X
Duplex
C
X
C
P
P
C
C
X
Threeplex
X
X I
X
P
P
C
C
C
Fourplex
X
X
X
P
P
C
C
C
Apartment building
X
X
X
X
P
C
C
C
„ _ _. a _ __ t. _, rental Accessory dwelling
C
P2
Pz
P
P
P
C
C
Zero lot line residence (subject to
restrictions
C
C
P
P
P
C
C
X
Notes:
A temporary deviation from this schedule may be permitted by the Design Review Committee
for a period not exceeding 36 months.
1. Permitted unless objections by any person as set forth in section 18. 12.032 of this title, in
which case the matter is treated as a conditional use permit,
2. Permitted if unless objections by any person as set forth in
subsection H.12.030 18.10.070 of this title in which case the matter is treated as ere -are
a conditional use permit.
3. The schedule for R-2 shall apply to an R -2P Zone.
Section 4. Repeal of Section 18.12.030 N. Section 18.12.030 N setting
forth Permit Procedures for Residential Dwelling is repealed in its entirety.
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ADMINISTRATIVE PROVISIONS
Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the
City and any provision of the Municipal Code which are in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict. All other sections of Chapters 18.08 and
18.12 not herein amended shall remain in effect.
Section 2. Severability. The sections of this ordinance are severable. The invalidity of a
section shall not affect the validity of the remaining sections.
Section 3. Effective Date. The rule requiring an ordinance to be read on three separate
days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become
effective upon its passage, approval and publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
-"I
OF CHUBBUCK, IDAHO, this day of January, 2021.
J,Kevin B. tngland, May-T1
a . r
ATTEST:
jowers, City Clerk
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