Cudahy Municipal Code Part 12 Accessory Dwelling Unit Design Variance

The accessory dwelling unit design variance process is an administrative review undertaken by the director of community development to provide a process by which applicants building accessory dwelling units can propose a design that does not meet the architectural design standards for accessory dwelling units. This is a ministerial process. (Ord. 744 § 6 (Exh. A), 2024).

An accessory dwelling unit design variance is required for any accessory dwelling unit that cannot meet the architectural design standards for accessory dwelling units. No zoning clearance or building permit shall be granted until an accessory dwelling unit design variance has been issued. (Ord. 744 § 6 (Exh. A), 2024).

The director of community development shall consider applications for accessory dwelling unit design variance and shall, with or without conditions, approve any ADU which is in general accord with the following principles and standards based on findings and conclusions drawn from information and evidence presented. An accessory dwelling unit design variance shall be granted when the director of community development or his or her designee respectively determines that the proposed accessory dwelling unit complies with the following findings:

A. Consistency. The accessory dwelling unit is consistent with the city’s accessory dwelling unit ordinance.

B. Proportionality. The height, bulk, and other design features of the accessory dwelling unit are in proportion to the building site, and external features are balanced and unified so as to present a harmonious appearance.

C. Design. The accessory dwelling unit design contributes to the physical character of the community and relates harmoniously to the site which it sits upon.

D. Cost. Complying with the architectural design standards of the city’s accessory dwelling unit ordinance is cost burdensome for the applicant. The cost of complying with these architectural design standards presents a barrier to the applicant’s ability to build the accessory dwelling. (Ord. 744 § 6 (Exh. A), 2024).