Chapter 18.60 — ACCESSORY DWELLING UNITS

Footnotes:

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Editor's note— Ord. No. 2025-1, § 2 (Exh. B), adopted Jan. 13, 2025, repealed the former ch. 18.60, §§ 18.60.010—18.60.090, and enacted a new ch. 18.60 as set out herein. The former ch. 18.60 pertained to similar subject matter and derived from Ord. No. 2019-3, §§ 18.52.010—18.52.090, adopted Nov. 12, 2019.

The intent of this section is to regulate accessory dwelling units in residential zoning districts consistent with state law. Implementation of this section is intended to expand housing opportunities for low-income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

The city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:

• (1) Single-family.

  • a. One ADU and one junior ADU per lot with a proposed or existing single-family dwelling if all of the following apply:

    1. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

    2. The space has exterior access from the proposed or existing single-family dwelling.

    3. The side and rear setbacks are sufficient for fire and safety.

    4. The JADU complies with the requirements of this chapter.

  • b. One detached, new construction ADU with side and rear yard setbacks of no less than four feet, with a height limitation of the underlying zoning for a lot with a proposed or existing single-family dwelling.

    1. The city shall not require a detached, new construction ADU meeting the required side and rear yard setbacks to be smaller than 800 square feet.

• (2) Multi-family.

  • a. Multiple ADUs within the portions of existing multifamily structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

    1. The city shall allow at least one ADU within an existing multifamily structure and shall allow up to 25 percent of the existing multifamily dwelling units.

  • b. No more than two detached ADUs that are located on a lot that has an existing or proposed multifamily dwelling. These detached ADUs are subject to the height limitations of the underlying zone, as applicable, and rear yard and side setbacks of no more than four feet.

    1. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct of a detached ADU.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.60.030. - Accessory dwelling units within existing space.

An ADU within an existing space including the primary structure, attached or detached garage or other accessory structure shall be permitted ministerially with a building permit regardless of all other standards within the chapter if complying with building and safety codes, independent exterior access from the existing residence, and sufficient side and rear setbacks for fire safety.

• (1) General plan. Construction of an ADU or JADU pursuant to this chapter shall not be considered when calculating compliance with the allowable density for the lot upon which the accessory dwelling unit is located, and an ADU or JADU that conforms to this chapter shall be deemed to be an accessory use and shall be deemed to be a residential use that is required to be consistent with the existing general plan and zoning designations for the lot.

• (2) Occupancy. The ADU or JADU may be rented for a term which does not exceed one year, but there shall be no limit on the number of times the term can be renewed.

• (3) Location.

  • a. The ADU may be within an existing space including the primary structure, attached or detached garage or other accessory structure.

  • b. The JADU shall be constructed within the walls of an existing single-family dwelling.

• (4) Zoning requirements. The minimum front setbacks of the underlying zone provisions shall apply to any ADU or JADU. No setback shall be required for an existing garage that is converted to an ADU.

• (5) Off-street parking. Parking requirements for ADUs and JADUs shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback.

• (6) Replacement parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU or JADU, replacement parking shall not be required and may be located in any configuration on the same lot as the accessory dwelling unit.

• (7) Unit size.

  • a. An ADU converted from an existing accessory structure shall not be subject to size maximums. Provided the conversion to an ADU creates no additional space, the entirety of the existing accessory structure may be utilized.

  • b. If the primary unit is larger than 1,600 square feet in size, the converted ADU shall not exceed 50 percent of the existing living area.

  • c. If the primary unit is 1,600 square feet or less in size, the converted ADU shall not exceed 800 square feet.

  • d. A JADU shall not have a size exceeding 500 square feet.

• (8) Kitchen and bathroom, JADU. JADUs shall include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. A JADU does not require separate bathroom facilities.

• (9) Utility service. The utility service for the ADU or JADU must be serviced through the existing single-family dwelling service. ADUs and JADUs shall not be considered new residential uses for the purposes of calculating town connection fees or capacity charges for utilities, including water and sewer service.

• (10) Passageway. No passageway shall be required in conjunction with the construction of an ADU or JADU.

• (11) Fire sprinklers. ADUs and JADUs shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

• (12) Noncompliant structures. An accessory dwelling unit within an existing accessory structure that does not comply with standards in section 18.60.030 or 18.60.040 may be permitted with a zoning certificate or an administrative use permit at the discretion of the town manager subject to findings in section 18.60.070.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Sec. 18.60.040. - Accessory dwelling units, new construction.

• (a) General plan. Construction of an ADU pursuant to this chapter shall not be considered when calculating compliance with the allowable density for the lot upon which the ADU is located, and an ADU that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall be deemed to be a residential use that is required to be consistent with the existing general plan and zoning designations for the lot.

• (b) Occupancy. The ADU may be rented for a term which does not exceed one year, but there shall be no limit on the number of times the term can be renewed.

• (c) Location. The ADU may be either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling a minimum of ten feet but located on the same lot as the existing dwelling, and subject to the same conditions as the main building.

• (d) Zoning requirements.

  • (1) The minimum front setbacks of the underlying zone provisions shall apply to any ADU.

  • (2) A setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is an expansion of an existing structure or is a new structure.

  • (3) A setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is constructed above a garage.

  • (4) Lot coverage requirements do not apply for ADUs 800 square feet and under.

    • (5) Lot coverage requirements apply to ADUs larger than 800 square feet.

  • (e) Off-street parking. Parking requirements for ADU shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking, including on an existing driveway or in setback areas, excluding the non-driveway front yard setback.

  • (f) Replacement parking. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an ADU, replacement parking shall not be required and may be located in any configuration on the same lot as the ADU.

  • (g) Unit size. If the primary unit is larger than 1,600 square feet in size, the attached ADU shall not exceed 50 percent of the existing living area. If the primary unit is 1,600 square feet or less in size, the attached ADU shall not exceed 800 square feet. A detached ADU on the subject parcel shall have a floor space not to exceed 1,200 square feet.

  • (h) Design. The design shall use the same exterior materials, roof covering, colors and other architectural features.

• (i) Utility service. The utility service for the ADU must be serviced through the existing single-family dwelling service. ADUs shall not be considered new residential uses for the purposes of calculating town connection fees or capacity charges for utilities, including water and sewer service.

  • (j) Passageway. No passageway shall be required in conjunction with the construction of an ADU.

  • (k) Fire sprinklers. ADUs shall not be required to provide fire sprinklers if they are not required for the primary residence and may employ alternative methods for fire protection.

• (Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

Permit applications for accessory dwelling units shall be considered and approved ministerially without discretionary review or a hearing within 60 days from receipt of a completed application if there is an existing single-family or multifamily dwelling on the lot or when the permit application for a proposed single-unit or multi-unit dwelling is acted upon.

(Ord. No. 2025-1, § 2 (Exh. B), 1-13-2025)

CHAPTER 18.62. - REASONABLE ACCOMMODATION