§ 1500-10

The Director shall determine if a proposed accessory use is necessarily and customarily associated with, and incidental and subordinate to the primary use of the base zoning district.

(Ord. of 6-28-2022)

The following standards apply to residential accessory buildings and structures without living quarters. Examples of such residential accessory structures include detached garages, storage sheds, private workshops, guest cottages, pool houses, hobby rooms, game rooms, gazebos, shade structures, covered patios, outdoor kitchens, ground mounted solar arrays that serve the residence, and other similar structures.

The following standards also apply to nonresidential accessory structures. Examples of nonresidential accessory structures include barns, animal enclosures, shade structures, private recreational facilities, storage buildings, ground mounted solar arrays that serve private agricultural uses, and other similar structures.

A.

Buildings and Structures

1.

Accessory buildings or structures located within a required rear yard shall cumulatively occupy no more than 50 percent of the required rear yard area, up to a maximum of 1,000 square feet in total floor area.

2.

Accessory buildings or structures not exceeding 15 feet in height and located more than 70 feet from the street corresponding to the designated front yard, shall maintain a minimum setback of 3 feet from any interior side or rear property line. For such structures located less than 70 feet from the street corresponding to the designated front yard, a minimum setback of 6 feet shall be maintained from any interior side or rear property line.

3.

Accessory buildings or structures exceeding 15 feet in height shall be subject to the same setback standards as primary structures in the base zoning district.

4.

A required minimum separation shall be maintained from any other building or structure located on the same lot in accordance with the requirements of the Building Division.

(Ord. of 6-28-2022)

1500-10-040 - Accessory Dwelling Units (ADU)

Accessory Dwelling Units (ADUs) shall be ministerially permitted by Zoning Clearance in all zone districts that allow single family or multifamily dwellings, in compliance with Government Code § 65852.2, the requirements of this section, and all other requirements of the applicable zone district in which an ADU is permitted and shall comply with the following standards:

A.

Permit Requirements. A zoning clearance shall be obtained prior to or concurrently with applying for a building permit to establish an ADU. ADUs shall comply with applicable building and fire codes, and demonstrate consistency with the County's adopted septic, well and floodplain ordinances.

B.

Density. As provided by Government Code § 65852.2, ADUs are exempt from the General Plan land use density limitations for the lot on which the ADU is located and is consistent with the General Plan and zoning for the lot.

C.

Timing. An ADU may be established on a lot with an existing or proposed primary residence. On employment zoned land, a property must first have a primary business use occurring in compliance with the Zoning Code. A certificate of occupancy for an ADU shall not be issued prior to a certificate of occupancy for a primary residence or primary business use on employment zoned land. An existing dwelling, complying with the requirements of an ADU, may be redesignated as an ADU, when a new primary residence is proposed, and with the approval of a zoning clearance.

D.

Number of Units. The number of ADUs allowed on a single lot shall be:

1.

One ADU on a lot having an existing or proposed single-family dwelling unit.

2.

One ADU may be established on a lot that contains an existing or proposed multifamily dwelling unit,

E.

Unit Size. Accessory dwelling units shall be limited in size as follows:

1.

On lots with an existing or proposed single-family or multifamily dwelling, the maximum floor area for a detached accessory dwelling unit shall be 1,200 square feet.

2.

On lots where an ADU will be attached to a primary residence, the increased floor area of an attached ADU shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet.

3.

On lots where an ADU will be established by converting existing space in a primary residence or an accessory structure, the maximum size of an ADU created through the conversion of existing space shall be the dimensions of the structure plus an addition of no more than 150 square feet to accommodate ingress and egress. An expansion greater than 150 square feet may be permitted up to a maximum unit size of 1,200 square feet.

F.

Lot Coverage. The maximum lot coverage limitation of the base zone district shall be applied unless it would not permit an ADU of 800 square feet, 16 feet in height, meeting four-foot side and rear yard setbacks.

G.

Lot Size. No minimum lot size shall be required; however, compliance with the County's septic and well ordinance may determine a minimum lot size necessary to accommodate an ADU.

H.

Height. ADUs shall be subject to the same height standards of the base zone district provided that the limit is not less than 16 feet.

I.

Setbacks. ADUs shall be subject to the same front yard setback requirements as the base zone district and shall observe a minimum 4 feet side and rear yard setback requirement. Further, no additional setback shall be required for an ADU established from the conversion of existing space within the primary residence or an accessory structure, or for an ADU constructed in the same location and to the same dimensions as an existing accessory structure.

J.

Accessory dwelling units shall not be sold separately from the existing dwelling unit located on the property but may be rented on a month-to-month basis.

K.

No passageway shall be required in conjunction with the construction of an ADU.

L.

An ADU shall not be subject to parking requirements.

M.

Attached ADUs are not considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

N.

If an ADU proposed is the result of the conversion of existing space within an existing single-family residence or accessory structure, it shall not be required to install new or separate utility connections directly between the ADU and the utility or impose a related connection fee or capacity charge.

O.

For an ADU that is not described in subsection N, the County may require a new or separate utility

connection directly between the ADU and the utility and the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed ADU based upon either its size or the number of its plumbing fixtures upon the water or sewer system. This fee shall not exceed the reasonable cost of providing this service.

P.

The development impact fee for an ADU shall be 50 percent of the adopted fee established for a dwelling unit in the area proposed; however, no development impact fee shall be collected on an ADU that is less than 750 square feet in size.

(Ord. of 6-28-2022)

Junior accessory Dwelling Units (JADUs) shall be ministerially permitted by Zoning Clearance in all zone districts that allow single family or multifamily dwellings, in compliance with Government Code § 65852.22, the requirements of this section, and all other requirements of the applicable zone district in which a JADU is permitted and shall comply with the following standards:

A.

Permit Requirements. A zoning clearance shall be obtained prior to or concurrently with applying for a building permit to establish a JADU. JADUs shall comply with applicable building and fire codes, and demonstrate consistency with the County's adopted septic, well and floodplain ordinances. The

Department shall act on an application to create a JADU within 60-days from the date it receives a completed application if there is an existing single-family dwelling on the lot.

B.

Permit Fees. Construction permits (building, well, septic) shall be required to establish a JADU. A JADU shall not be considered a separate or new dwelling unit for purposes of applying building codes, fire codes, well and septic requirements. Additionally, there shall be no development impact fee collected for the establishment of a JADU.

C.

Timing. A JADU may be established after or concurrently with a single-family residence.

D.

Development Standards.

1.

Number of Units. One JADU is allowed per lot, within a single-family residence.

2.

Unit Size. The floor area of a JADU shall not exceed 500 square feet. If a bathroom is shared with the single-family residence, it shall not be included in the floor area.

3.

Location. A JADU shall be established from space in an existing, fully permitted, or proposed single-family dwelling or garage attached to the single-family residence.

4.

Access. A separate, exterior entrance to a JADU shall be provided.

5.

Bathroom. A JADU may include separate sanitation facilities or may share sanitation facilities with the single-family residence.

6.

Kitchen. A JADU shall include an efficiency kitchen which is 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 dwelling unit.

E.

Use Restrictions.

1.

A JADU may be rented but shall not be sold separately from the single-family residence.

2.

A JADU shall not be rented for periods of less than 30 days.

3.

The owner of the property must reside in either the single-family residence or the newly created JADU.

F.

Deed Restriction. Prior to issuance of a certificate of occupancy for a JADU, the property owner shall record a deed restriction containing the following elements:

1.

Prohibits the sale of the JADU separate from the single-family residence.

2.

Specifies the deed restriction runs with the land and is enforceable against future property owners.

3.

Restricts the size and attributes of the JADU to those established by this section and Government Code § 65852.22.

4.

Makes the County a third-party beneficiary of the deed restriction with the right to enforce the provision of the deed restriction.

(Ord. of 6-28-2022)

Article 11 - Cold Weather and Emergency Shelters Chapter - 1500-11