Accessory Apartments Ordinance Serial No (B)

Creates a definition Accessory apartment means one or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit within or attached to a single family dwelling or in a detached building on the same lot as the primary dwelling unit. An accessory apartment is distinguishable from a duplex in that, unlike a duplex, it is clearly subordinate to the primary dwelling unit, both in use and appearance.

Currently o A one bedroom or efficiency unit up to 600 square feet in net floor area. o Areas common to more than one dwelling unit— including entryways, furnace rooms, laundry rooms, and interior stairways—shall not be included in the computation of the net floor area for the accessory apartment. o One on-site parking space

Currently o On a lot 100% or larger than the minimum lot size AND connected to City sewer only a building permit is needed. o On a lot less than the minimum lot size an approved conditional use permit is required. o On a lot (any size) not served by City sewer an approved conditional use permit is required.

Review and considerations o What are other communities doing? o What are the possible impacts (traffic, noise, parking, neighborhood harmony etc.)? o Table of Dimensional Standards and the Table of Permissible Uses.

Table of Dimensional Standards o Lots smaller than the minimum – a single family dwelling and w/approved conditional use permit a 600 sq. ft. accessory apartment. o Lots 100% of the minimum lot size – a single family dwelling and a 600 sq. ft. accessory apartment. o Lots 150% of the minimum lot size – a duplex. o Lots 200% (or more) of the minimum lot size in D1 & D3 two single family dwellings and up to two 600 sq. ft. accessory apartment.

What was adopted…. o On lots 125% of the minimum lot size an efficiency, one bedroom, or two bedroom unit that has a net floor area equal to or less than 50% of the primary dwelling unit’s net floor area but not to exceed 1,000 square feet only a building permit is needed. o 1 on-site parking space needed.

What? An example o D5 Zoning – on a lot 9,000 square feet (more than 125% of the minimum lot size). o House (primary dwelling) is 1,600 square feet. o Accessory apartment could be up 800 square feet (equal to or less than 50% of the primary dwelling unit’s net floor).

Another example o D5 Zoning – on a lot 9,000 square feet (more than 125% of the minimum lot size). o House (primary dwelling) is 2,200 square feet. o Accessory apartment could be up 1,000 square feet (but not to exceed 1,000 square feet).

There’s more o For lots of NOT connected to City sewer an accessory apartment is no longer required to receive an approved Conditional Use Permit if…

The applicant can provide a.. “Statement describing the property is connected to sewer. If the property is not connected to sewer, (1)a statement from the Department of Environmental Conservation describing the existing wastewater disposal system is designed for the development, including the proposed accessory apartment, and (2)a statement from a qualified inspector that the existing wastewater disposal system is functioning as designed.”

In the D1 & D3 zoning districts o On lots 250% of the minimum lot size two single family homes may have a larger accessory apartment and a smaller accessory apartment (only one for each single family dwelling). o Only 1 larger accessory apartment & 1 smaller accessory apartment, or 2 smaller accessory apartment –never 2 larger accessory apartments.

o On lots 250% of the minimum lot size NOT connected to City sewer two single family homes may have a larger accessory apartment and a smaller accessory apartment (only one for each single family dwelling) with proof of adequate waste water disposal.

Common walls o On a lot 100% or larger than the minimum lot size AND connected to City sewer only a building permit is needed for a 600 sq. ft. efficiency or one bedroom. o NOT connected to City sewer a smaller accessory apartment may be permitted with an approved conditional use permit. o No larger accessory apartments allowed for common wall.

In multi-family zones (i.e. D10,D15, D18, LC, GC, MU2) o Density is calculated by “units per acre”. o Example – D10 = 10 units per acre. o Allows a smaller accessory apartment on a lot too small for a second unit with an approved conditional use permit.

Multi-family zoning example o D10 minimum lot size 6,000 square feet. o 10 units per acre = 43,560/10 =4,356 sq. ft. for one unit. o 6,000 sq. ft. = one unit. o 8,712 sq. ft. = two units. o 6,000 sq. ft. lot or smaller may have a smaller accessory apartment with an approved conditional use permit.

What is net floor area? o Net floor area means the total horizontal floor area included within the surrounding walls of a building or portion thereof, exclusive of vent shafts. The net floor area of a building or portion thereof, not provided with surrounding walls shall be measured so the inside of the supporting structure. CBJ

What is not included in net floor area? o Areas common to more than one dwelling unit— including entry ways, furnace rooms, laundry rooms, and interior stairways—shall not be included in the computation of the net floor area for the accessory apartment.

Becomes effective March 23, 2015