§ 17.33

ADUs may not be rented for periods of less than thirty-one days.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

17.33.060 - Site and design standards.

A.

General Standards.

1.

ADUs and JADUs are not included in density calculations, are considered residential uses consistent with the existing general plan and zoning designation for the lot, and may count as dwelling units for purposes of identifying adequate sites for housing.

2.

ADUs and JADUs must satisfy the requirements of Title 15 of this code (Buildings and Construction) and any other applicable provisions of the California Building Standards Code as each may be amended from time to time, except that the construction of an ADU shall not constitute a Group R occupancy change unless the building official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety.

3.

Notwithstanding anything in the California Building Standards Code to the contrary, fire sprinklers shall not be required if they are not required for the primary residence and the construction of an ADU or JADU shall not trigger a requirement for sprinklers to be installed in the primary dwelling.

4.

The floor area of an ADU and JADU (either attached or detached) may not be less than the floor area required for an efficiency dwelling unit as provided by California Health and Safety Code Section 17958.1(b).

B.

Height. ADUs shall be subject to the following height limitations:

1.

A height of sixteen feet for a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit.

2.

A height of eighteen feet for a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor as defined in California Public Resources Code Section 21155. The ADU may have an additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

A height of eighteen feet for a detached ADU on a lot with an existing or proposed multi-family, multistory dwelling.

4.

A height of twenty-five feet or the height limit of the applicable zone that applies to the primary dwelling, whichever is lower, for an ADU that is attached to a primary dwelling. In no event shall the ADU exceed two stories.

C.

Lot Coverage. An ADU shall comply with the lot coverage standards for the zoning district in which it is located.

D.

An ADU must have kitchen and bathroom facilities that are separate from the primary dwelling.

E.

Maximum Unit Size.

1.

Detached. For lots with a proposed or existing single-family dwelling, a detached ADU shall not exceed one thousand two hundred square feet.

2.

Attached. An ADU attached to a single-family dwelling shall not exceed eight hundred fifty square feet for an ADU with zero to one bedrooms, or one thousand square feet for an ADU of two or more bedrooms. Notwithstanding the foregoing, the total floor area of an attached ADU shall not exceed fifty percent of the existing primary dwelling.

3.

Interior Conversions. ADUs which are converted from space entirely within existing structures, including accessory structures, and ADUs entirely within proposed lawful single-family dwellings, are not subject to a limit on maximum square footage.

4.

Existing Home Designated as ADU. If a lot contains an existing single-family dwelling less than one thousand two hundred square feet in size, the existing single-family dwelling may be designated as an ADU as part of a project to construct a new single-family dwelling on the lot.

F.

Setbacks.

Front setback: Per the base zoning standard.

2.

Side setback: Four feet.

3.

Rear setback: Four feet.

4.

Building separation: Detached ADUs must be at least ten feet from any other building on the lot.

5.

Conversion of Existing Accessory Structure. No setbacks are required for an existing accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU.

G.

Parking.

1.

In addition to the required parking for the primary unit(s), one parking space shall be provided for an ADU that is a minimum of one bedroom in size. The required parking space may be provided as:

a.

Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or

b.

Within a setback area or as tandem parking unless the city manager or the city manager's designee determines that parking in the setback or tandem parking is not feasible based upon specified site or regional topographical or fire and life safety conditions.

2.

Notwithstanding the foregoing, no parking space shall be required for an ADU if:

a.

It is located within one-half mile walking distance of public transit;

b.

It is located within an architecturally and historically significant district;

c.

It is part of a proposed or existing primary residence or accessory structure;

d.

On-street parking permits are required but not offered to the occupant of the ADU;

e.

There is a car share vehicle located within one block of the ADU; or

f.

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multi-family dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this section.

3.

When a garage, carport, uncovered, or covered parking space is demolished in conjunction with the construction of an ADU or converted into an ADU, those off-street parking spaces need not be replaced.

H.

Waiver of Standards. Development standards shall be waived to the extent required in order to allow an accessory dwelling unit that is eight hundred square feet, that does not exceed the height requirements set forth in Section 17.33.060.B, above, and has a minimum of four-foot side and rear yard setbacks.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

17.33.070 - Development standards—JADUs.

A.

Where Allowed. One JADU shall be allowed within an existing or proposed single-family dwelling on a lot zoned for single-family residences, including in an attached garage. A JADU may also be allowed on the same lot as an ADU permitted under Section 17.33.080, below.

B.

Owner Occupancy. Unless the owner is another governmental agency, land trust, or housing organization, the owner shall be required to live in either the primary unit or the JADU.

C.

Efficiency Kitchen. A JADU shall be required to contain at least an efficiency kitchen which includes a sink, cooking appliances, a food preparation counter and storage cabinets that are of reasonable size in relation to the JADU.

D.

Separate Entrance. A JADU shall be required to have a separate entrance from the primary dwelling which shall be located on a different side of the residence than the front door of the primary dwelling.

E.

Sanitation Facilities. A JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the single-family residence and shall have direct access to the single-family residence from the interior of the dwelling unit.

F.

Parking. No additional parking shall be required for a JADU.

G.

Building Standards. JADUs shall be required to comply with applicable building standards, except that fire sprinklers shall not be required if they were not required for the single-family residence.

H.

JADU Not a Separate Unit. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a JADU shall not be considered to be a separate or new dwelling unit.

I.

Deed Restriction. The owner of any new JADU shall record against the property a deed restriction, which shall run with the land, in a form that meets the approval of the city attorney and which establishes the following:

1.

The JADU shall not be sold separately from the single-family residence.

2.

The JADU is restricted to the maximum size of five hundred square feet.

3.

The JADU may not be rented for a period of less than thirty-one days.

4.

A restriction that the owner must reside either in the primary dwelling or in the JADU. This restriction shall not apply if the owner of the single-family dwelling is a governmental agency, land trust, or housing organization.

5.

The deed restriction shall be binding upon any successor in ownership of the property.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

A.

Notwithstanding any other provision of this chapter, the city shall ministerially approve an application for any of the following accessory dwelling units within a residential or mixed-use zone to create any of the following:

1.

One ADU and one JADU within the existing or proposed space of a single-family dwelling or accessory structure.

a.

An expansion of up to one hundred fifty square feet shall be allowed in an accessory structure solely for the purposes of accommodating ingress and egress.

b.

The JADU shall have exterior access separate from the existing or proposed single-family dwelling.

c.

The side and rear setbacks shall be sufficient for fire and safety.

d.

If the unit is a JADU, it shall comply with the requirements of this chapter.

2.

One new detached ADU with minimum four-foot side and rear yard setbacks on a lot with an existing or proposed single-family dwelling; provided, that the unit shall not be more than eight hundred square feet and shall not exceed the height requirements set forth in Section 17.33.060.B(1) through (3), above. A JADU may be developed in conjunction with this type of detached ADU, provided it complies with the requirements of subsection (A)(1) of this section.

3.

On a lot with a multi-family dwelling structure, up to twenty-five percent of the existing total multi-family dwelling units, but no less than one unit, shall be allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; provided, that each unit complies with state building standards for dwellings.

4.

On a lot with a proposed multi-family dwelling structure, up to two detached units; provided that neither unit exceeds the height requirements set forth in Section 17.33.060.B(1) through (3), above, and has at least four-foot side and rear yard setbacks.

5.

On a lot with an existing multi-family dwelling structure, up to eight detached units, but in no event more than the number of existing units on the lot, provided that neither unit exceeds the height requirements set forth in Section 17.33.060.B(1) through (3), above, and has at least four-foot side and rear yard setbacks.

B.

For those ADUs and/or JADUs which require mandatory approval, the city shall not require the correction of nonconforming zoning conditions as a condition of approval.

C.

The installation of fire sprinklers shall not be required in an ADU approved under this section if fire sprinklers are not required for the primary residence.

D.

No unit approved under this section shall be rented for a period of less than thirty-one days.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

A.

Public Utilities. All ADUs and JADUs must be connected to public utilities or their equivalent, including water, electric, and sewer services. However, legally compliant well-water and septic services may meet these requirements on a lot with a single-family dwelling if the well-water and septic services would be authorized if the ADU or JADU were a single-family dwelling.

B.

Zones of Insufficient Water and Sewer Service. Unless prohibited by law, new ADUs are prohibited if the public works director or designee determines the surrounding residential neighborhood has insufficient water or sewer service. The public works director shall maintain a document detailing the known areas in the city with insufficient water or sewer service and the map shall be posted on the city's website and shall be promptly made available to the public upon request. The public works director shall update the document periodically.

C.

Impact Fees.

No impact fee shall be imposed on any ADU less than seven hundred fifty square feet in size.

2.

For ADUs seven hundred fifty square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.

3.

All applicable public service and applicable recreation impact fees shall be paid prior to occupancy in accordance with California Government Code Sections 66000 et seq. and 66012 et seq.

4.

For purposes of this section, "impact fee" shall have the same meaning as set forth in California Government Code Section 66324.

D.

Connection Fees/Capacity Charges.

1.

An ADU shall not be considered to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including for water and sewer service, unless the ADU is being constructed with a new single-family dwelling. A JADU shall not be considered a separate or new dwelling unit.

2.

For an ADU contained within a single-family dwelling meeting the requirements of Section 17.33.080.A(1), above, the city shall not impose a connection fee or capacity charge, or require a new or separate utility connection between the ADU and the utility, unless the unit is being constructed with a new single-family dwelling. For all other ADUs, the city shall charge a connection fee or capacity charge that is proportionate to the burden of the proposed ADU based on the size of the unit or number of plumbing fixtures.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

Except as permitted by California Government Code Section 66341, an ADU may not be separately sold or conveyed.

(Ord. No. 939-U, § 2, 5-13-25; Ord. No. 940, § 2, 7-8-25)

Chapter 17.33A - TWO-UNIT HOUSING DEVELOPMENT

Sections:

17.33A.010 - Definitions.

For purposes of this chapter, the following definitions shall apply:

A.

"Housing development" shall mean no more than two residential units within a single-family residential zone that meets the requirements of this section. The two units may consist of two new units or one new unit and one existing unit.

B.

"Single-family residential zone" shall mean the specific plan resort (SPR), rural residential (RR), agriculture (A), residential estates (R-E), and low density residential (R-L-1, R-L-72, R-L-1-72) zones.

(Ord. No. 913, § 2, 12-14-21)

17.33A.020 - Ministerial approval.

The city shall ministerially approve a housing development containing no more than two residential units if it meets the following requirements:

A.

The parcel is located within a single-family residential zone.

B.

The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.

C.

The parcel is not located in any of the following areas and does not fall within any of the following categories:

1.

A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

2.

Prime farmland or farmland of statewide importance as further defined in Government Code Section 65913.4(a)(6)(B).

3.

A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

4.

A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.

5.

A special flood hazard area subject to inundation by the one-percent annual chance flood (one hundredyear flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

a.

The site has been subject to a letter of map revision prepared by FEMA and issued to the city; or

b.

The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code Section 65913.4(a)(6)(G)(ii).

6.

A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

7.

Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code Section 65913.4(a)(6)(I).

8.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

Lands under a conservation easement.

D.

The proposed housing development would not require demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

2.

A parcel or parcels on which an owner of residential real property exercised rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date of the application; or

3.

Housing that has been occupied by a tenant in the last three years.

E.

Unless demolition is prohibited pursuant to section D above, demolition of an existing unit shall not exceed more than twenty-five percent of the existing exterior structural walls.

(Ord. No. 913, § 2, 12-14-21)

17.33A.030 - Standards and requirements.

The following requirements shall apply in addition to all other objective standards pertaining to the singlefamily residential zone:

A.

No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

B.

Except for those circumstances described in section A. above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the applicable single-family residential zone.

C.

The applicant shall provide easements for the provision of public services and facilities as required.

D.

Where the street frontage of a lot (or the combined street frontage of the two lots created through an urban lot split) is less than seventy-five feet, all units on the lot (or all units on both lots created through an urban lot split) shall share and take vehicular access from the same drive approach and driveway, which shall have a minimum street frontage of ten feet to provide for vehicular access.

E.

The applicant shall provide appropriate easements for the provision of pedestrian and/or vehicular access as required.

F.

Off-street parking shall be limited to one space per unit, except that no parking requirements shall be imposed if the parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3.

G.

For residential units connected to an onsite wastewater treatment system (septic tank), the applicant shall provide a percolation test completed within the last five years, or if the percolation test has been recertified, within the last ten years, which shows that the system meets acceptable infiltration rates.

(Ord. No. 913, § 2, 12-14-21)

17.33A.040 - Limitations on city actions.

The city shall not require or deny an application based on any of the following:

A.

The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than eight hundred square feet.

B.

The city shall not deny an application solely because it proposes adjacent or connected structure provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.

(Ord. No. 913, § 2, 12-14-21)

17.33A.050 - Affidavit.

An applicant for a housing development shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:

A.

That the uses shall be limited to residential uses.

B.

That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one days.

C.

That the maximum number of units to be allowed on the parcels is two, including, but not limited to, units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to this section.

(Ord. No. 913, § 2, 12-14-21)

17.33A.060 - Building official denial.

The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 913, § 2, 12-14-21)

17.33A.070 - Contrary provisions superseded.

The provisions of this section supersede any contrary provisions in the Blythe Municipal Code to the contrary.

(Ord. No. 913, § 2, 12-14-21)

Chapter 17.34 - NONCONFORMING LOTS, USES AND STRUCTURES

Sections:

17.34.010 - Intent.

Within the districts established by this title or amendments that may later be adopted there exist lots, structures, including buildings or parts of buildings, uses of land and structures, and characteristics of use which existed before the ordinance codified in this title was adopted or amended, but which would be prohibited, regulated or restricted under the terms or this title. It is the intent of this chapter to permit these nonconformities to continue insofar as they are otherwise lawful, until they are removed or otherwise set out in this chapter. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited in the same district.

(Ord. 638 § 10 (part), 1988: Ord. 595 § 6.02(A), 1982)

17.34.020 - Definitions.

As used in this chapter:

A.

"Nonconforming lot" means a legal lot as defined in Chapter 17.04 which does not conform to the regulations contained in this title.

B.

"Nonconforming structure or building" means a building or portion thereof or a structure existing at the time the ordinance codified in this title was adopted and which was designed, erected or structurally altered for a use which does not conform to uses permitted in the zone in which it is located or which does not comply with development standards applicable in the zone in which it is located, but is otherwise lawful.

C.

"Nonconforming use" means a use of a structure, building or land existing on October 12, 1982 which does not conform to the regulations for the zone in which it is located, but which is otherwise lawful.

(Ord. 595 § 6.02(B), 1982)

17.34.030 - Nonconforming use of land.

Where lawful use of land exists which would not be permitted by the regulations imposed by this title, and where such use involves no individual structure with a replacement cost exceeding five thousand dollars, the use may be continued so long as it remains otherwise lawful, provided:

A.

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied on October 12, 1982.

B.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the date of adoption or amendment of the ordinance codified in this title.

C.

If any such nonconforming use of land ceases for any reason for a period of more than thirty days, any subsequent use of such land shall conform to the regulations specified for the zone in which such land is located.

(Ord. 595 § 6.02(C), 1982)