Chapter 9 — 830M - ACCESSORY DWELLING UNITS (ADU)

9-830.1M - INTENT.

The intent of this Chapter is to provide methods for approving accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in the Mountain Home Development on lots with primary single family dwellings in order to increase housing opportunities.

(Ord. 3974, § 10 (part), 1998; Ord. No. 4568, § 8, 1-26-2021)

9-830.1.1M - PERMIT REQUIREMENTS.

An Accessory Dwelling Unit (ADU) Permit shall be required as follows for an ADU proposed on a lot that has not been designated on a parcel map or a final map to contain a second unit dwelling. For an ADU proposed on a lot that has been previously designated on a parcel map or a final map to contain a second unit dwelling, an ADU Permit shall not be required.

(a)

Detached and Attached ADUs. An ADU permit is required for the creation of an attached or detached ADU unless:

(1)

The ADU is a detached structure no more than sixteen (16) feet high that has a floor area no greater than eight hundred (800) square feet and maintains a minimum four-foot side and rear yard setback; or

(2)

The ADU is on a lot with an existing legal multi-family residential use.

(3)

Detached and attached ADUs that do not require an ADU permit must submit a building permit application and an ADU Checklist to the Community Development Department to ensure that the standards of this Chapter are met. The Department shall not issue a building permit without an approved ADU Checklist.

(b)

Interior ADUs and JADUs. An ADU permit is not required for an interior ADU JADU if the proposed unit meets the following requirements and the property owner obtains a building permit:

(1)

The interior ADU and JADU will be contained within an existing Single Family Dwelling Unit.

(2)

The JADU is not more than five hundred (500) square feet in size.

(3)

The interior ADU and JADU will have exterior access from a public right-of-way that is independent from the existing residence. This access may be provided through a front yard, side yard, or rear yard.

(4)

A kitchen or efficiency kitchen is provided.

(5)

Access to a bathroom is required, which in the case of a JADU may be part of the JADU or located in the existing primary dwelling. If provided as part of the primary dwelling, the JADU shall have direct access to the main living area of the primary dwelling so as not to need to go outside to access bathroom.

(6)

No additional parking is required for a JADU, but one (1) space must be provided for an interior ADU.

(7)

The owner of the JADU must occupy either the JADU or the remaining portion of the single-family residence.

(c)

Other Required Permits and Approvals. Projects that are exempt from obtaining an ADU Permit are still subject to applicable permit requirements and approvals including but not limited to building permits, grading permits, encroachment permits, home occupation permits, flood variances, if required, sanitation permits, well permits, and other construction-related permits and approvals. The County shall not issue final building permits for an ADU or JADU before it finals building permits for the primary dwelling.

(Ord. 3974, § 10 (part), 1998; Ord. No. 4568, § 8, 1-26-2021)

9-830.2M - PERMITTED ZONES; GENERAL REQUIREMENTS AND RESTRICTIONS.

ADUs and JADUs shall be permitted in the R-VL, R L, R-M and R-MH zones. ADUs and JADUs may be permitted in the AU-20 zone, provided the underlying Master Plan designation is R/VL, R/L, R/M or R/MH.

(a)

Types of ADUs Allowed. An ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

(b)

Relation to Main Dwelling Unit. The accessory dwelling unit shall be clearly subordinate to the primary dwelling unit on the lot with regard to size, location and appearance. Detached or attached accessory dwelling units shall have exterior walls and roofs that are consistent with the primary dwelling unit and incorporate the same or similar building materials, colors, and exterior surfaces and finishes as those on the primary dwelling unit.

(c)

Relation to General Plan and Zoning Density Limits. An ADU that conforms to the standards of this Chapter shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the General Plan and zoning designations for the lot. The ADU shall not be considered in the application of any County ordinance, policy, or program to limit residential growth.

(d)

Permanent Address. The property owner shall obtain an approved permanent address is for an ADU and JADU.

(e)

Water and Wastewater Disposal Service Availability. Prior to issuance of a building permit for an ADU, the property owner must provide confirmation that adequate water and wastewater disposal service is available, either from a service provider or from a well and on-site septic system, to the Zoning Administrator.

(f)

Fees. The property owner of an ADU or JADU shall be subject to the payment of all sewer, water, and other applicable fees, except as specifically provided in Government Code Section 65852.2 and 65852.22. No impact fee shall be charged for development of an ADU less than seven hundred fifty (750) square feet in size. In this context, the term "impact fee" does not include any connection fee or capacity charge established by the County or other local agency, special district or water corporation.

(g)

ADUs Subject to Flood Hazards. All ADUs located in a floodplain designated pursuant to Chapter 9-1605, Flood Hazards, shall comply with the provisions of that chapter.

(h)

Sprinklers. Fire sprinklers are not required for ADUs and JADUs if sprinklers are not required for the primary residence.

(i)

Restrictions. All ADUs and JADUs are subject to the following restrictions:

(1)

The development and use of the ADU or JADU shall only be valid and permitted based on the terms established in this Chapter.

(2)

Prior to issuance of a building permit for an ADU or JADU, the property owner shall record a deed restriction with the County Recorder's Office and provide a copy of the stamped deed restriction to the Community Development Department including the following restrictive covenants:

(A)

The ADU or JADU shall not be sold separately from the primary residence;

(B)

The ADU or JADU is restricted to the maximum size allowed by Chapter 9-832, Residential Accessory Dwelling Units, of this Title or as approved by an ADU Permit;

(C)

The property owner and all successors in interest in the property shall respond to the County's periodic surveys of owners of ADU and JADUs for reporting purposes to the State Department of Housing and Community Development; and

(3)

If the ADU or JADU is rented, it shall not be rented for a period of less than thirty (30) consecutive days.

(Ord. 3813 (part), 1994; Ord. 3974, § 10 (part), 1998; Ord. 4066, § 10, 2000; Ord. 4333, § 7, 2007; Ord. No. 4568, § 8, 1-26-2021)

9-830.3M - REQUIREMENTS FOR ADU PERMIT APPLICATION.

An application for an ADU Permit may be initiated by the property owner or the property owner's authorized agent. Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the Board of Supervisors, shall be required. The following minimum requirements shall be met when filing an application for an ADU Permit and shall replace those specified in the Development Title:

(a)

Existing Residence. There shall be no more than one (1) existing single-family dwelling on the property.

(b)

Number of Units. There shall be no more than one (1) ADU and one (1) JADU per parcel.

(Ord. 3974, § 10 (part), 1998; Ord. No. 4568, § 8, 1-26-2021)

9-830.5M - DEVELOPMENT REQUIREMENTS.

The development requirements provided by this Chapter shall be applicable to all ADUs and JADUs, including those designated on a Second Unit Dwelling Plan submitted with the subdivision map application. The following development requirements shall replace those specified in the Development Title.

(a)

Size of Unit.

(1)

In R-VL, R-L, R-M and R-MH zones an ADU shall not exceed eight hundred and fifty (850) square feet or one thousand (1,000) square feet of floor area if it provides more than one (1) bedroom.

(2)

If there is an existing primary dwelling, an attached ADU shall not exceed fifty percent (50%) of the gross floor area of the primary dwelling.

(3)

Within the AU-20 zone, ADUs are allowed if the underlying Master Plan designation is R/VL, R/L, R/M or R/MH and the ADU does not exceed five hundred (500) square feet of floor area.

(b)

Height. An attached ADU or detached ADU shall not exceed sixteen (16) feet in height, or when more than fifty percent (50%) of the floor area of an ADU is located above an existing or proposed garage, the entire combined structure (the garage plus the ADU) shall not exceed twenty-five (25) feet in height.

(c)

Location. Detached ADUs shall be separated from the primary dwelling and any accessory structures on the lot by a minimum of three (3) feet.

(d)

Off-Street Parking. The minimum parking requirement for an ADU shall be one (1) parking space. This space may be provided as tandem parking on an existing driveway or in a setback area. No parking shall be required for a JADU, and no additional parking shall be required if the ADU is located: (1) within one-half (½) mile of public transit; (2) in an historic district designated by the County; (3) in part of an existing primary residence or an existing accessory structure; (4) in an area requiring on-street parking permits but they are not offered to the occupant of the accessory dwelling unit; or (5) within one (1) block of a car-share pick

up/drop-off location. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the off-street parking provided by the garage, carport or covered parking structure does not have to be replaced.

(e)

Access. An ADU may be accessed by a common driveway serving both the ADU and the primary singlefamily dwelling, a second driveway when the ADU is located on a corner lot, or a rear alley, providing such access is in keeping with the character of the neighborhood.

(f)

Compatibility. The ADU shall be of the same architectural style and constructed of the same materials as the garage and the primary single- family dwelling. If attached to the primary single- family dwelling or to the garage, the second unit dwelling shall be visually and physically integrated into said primary singlefamily dwelling or garage.

(g)

Entries. The entry into an ADU shall be visually subordinate or secondary to the entry into the primary single-family dwelling.

(h)

Lot Characteristics. The lot upon which an ADU is located shall be appropriately located and sized to accommodate the ADU.

(i)

Lot Coverage. An ADU will not be required to conform to the lot coverage standard of the zone where the ADU will be located if application of the coverage standard would violate Government Code Section 65852.2 (c)(2)(C) and not allow an 800-square foot ADU that is 16 feet in height with four-foot side and rear yard setbacks.

(j)

Building Plans.

(1)

An ADU shall include provisions for living, eating, cooking, sleeping, and sanitation, including a closet or other reasonable storage.

(2)

All exterior lighting, including landscape lighting, shall be shielded or directed so that it does not create glare off-site or illuminate the primary dwelling or adjacent property.

(3)

For privacy and security, windows in ADUs that are within fifteen (15) feet of a side or rear lot line shall be located to avoid line of sight to windows of habitable rooms on adjacent properties. Obscured glass and other techniques may be used to avoid line of sight.

(4)

An ADU shall have separate exterior access. The exterior access shall be a standard exterior door that is located where it preserves, to the greatest extent feasible, the privacy of the primary dwelling and adjoining residences.

(5)

A permanent foundation is required for all ADUs.

(k)

Building Permits. If an ADU is to be constructed on a lot that has been designated on a Second Unit Dwelling Plan to serve as a site for the ADU, or the ADU is integral to the structure of the primary residential unit, the building permit for said ADU shall be issued concurrently with the building permit for the primary dwelling on the lot. In such instances, the final inspection for the ADU shall take place concurrently with the final inspection for the primary dwelling.

(l)

Required Number of Lots. For a Second Unit Dwelling Plan, the number of lots upon which second unit dwellings will be located shall be at least six and one-half percent (6.5%) of the total number of residential lots depicted on the relevant tentative map, rounded to the nearest whole number, unless the required number of lots for second unit dwellings has been provided elsewhere in the neighborhood on previously approved tentative maps.

(m)

Setbacks. No setback shall be required for an interior ADU or converted ADU, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure. The ADU shall comply with all of the other yard requirements for a primary single-family dwelling in the zone as well as the following requirements:

(1)

Except as provided in Subsections (m)(2) and (m)(3), the ADU shall not extend beyond the front of the primary single-family dwelling.

(2)

In areas zoned AU, the ADU , if not a manufactured home, may extend beyond the front of the primary single-family dwelling, provided it does not extend into the front yard setback.

(3)

In areas zoned R-L or R-M, an ADU may extend beyond the front of the primary single-family dwelling.

(4)

For the purpose of this Section, the front of the primary single-family dwelling is defined as that part of the primary single-family dwelling that is nearest to the front yard setback.

(n)

Supplemental Standards for Attached ADUs.

(1)

An attached accessory dwelling unit must share at least one (1) common wall or roofline with the living area of the principal dwelling.

(2)

An attached accessory dwelling unit shall have a separate entrance, located on the side or the rear of the ADU; provided, however, that in no event shall any external stairwell be placed within the side yard setback.

(o)

Supplemental Standards for JADUs.

(1)

A JADU shall not contain more than five hundred (500) square feet of floor space and shall be contained entirely within an existing single-family or duplex dwelling. An efficiency unit (a single room that includes sleeping and kitchen function) shall not contain less than one hundred fifty (150) square feet of floor space, exclusive of a bathroom.

(2)

A junior accessory dwelling unit (JADU) must be created within the existing walls of an existing primary dwelling, which may be a single family dwelling or a duplex and must include conversion of an existing bedroom or other space within the dwelling to habitable space.

(3)

A separate exterior entry shall be provided to serve a JADU.

(4)

A JADU shall include an efficiency kitchen with a sink, a cooking appliance and refrigeration facilities, a food preparation counter, and storage cabinets.

(5)

Access to a bathroom is required, which may be part of the JADU or located in the existing primary dwelling. If provided as part of the primary dwelling, the JADU shall have direct access to the main living area of the primary dwelling so as not to need to go outside to access bathroom.

(6)

No additional parking is required for a JADU.

(p)

Supplemental Standards for Detached ADUs.

(1)

The distance between the principal dwelling and a detached ADU must be at least ten (10) feet.

(2)

A detached accessory structure legally in existence prior to the effective date of this Section and located outside of the front yard setback, may be converted into an accessory dwelling unit, regardless of any existing nonconformity as to side setback, rear setback, or height if:

(A)

The existing structure is not modified or added to in any way that increases the level of nonconformity with all applicable regulations in Title 9;

(B)

The floor area of the resulting ADU does not exceed one thousand two hundred (1,200) square feet; and

(C)

The minimum parking requirements are met on site.

(Ord. 3813 (part), 1994; Ord. 3974, § 10 (part), 1998; Ord. 4066, § 11, 2000; Ord. 4242, §§ 7, 8, 2005; Ord. 4333, § 8, 2007; Ord. No. O-15-4460, 3-10-2015; Ord. No. 4568, § 8, 1-26-2021)