Pacifica ADU / Granny Flat Ordinance

http://caladu.org/ordinance/pacifica-10-23-17.pdf

.• Housing Policy Department

Received on:

UC 2 3 2il17

ORDINANCE NO. 825 – C.S.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA AMENDING ARTICLE 4 OF CHAPTER 4 (R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT); REPEALING AND REPLACING ARTICLE 4.5 OF CHAPTER 4 (SECOND RESIDENTIAL UNITS); AMENDING ARTICLE 5 OF CHAPTER 4 (R-2 TWO-FAMILY RESIDENTIAL DISTRICT); AMENDING ARTICLE 6 OF CHAPTER 4 (R-3 MULTIPLE-FAMILY RESIDENTIAL

DISTRICT); AMENDI NG ARTICLE 19 OF CHAPTER 4 (AGRICULTURAL DISTRICT (A)); AMENDING ARTICLE 22 OF CHAPTER 4 (PLANNED DEVELOPMENT DISTRICT (P-D}; AMENDING ARTICLE 23 OF CHAPTER 4 (GENERAL PROVISIONS AND EXCEPTIONS); AMENDING ARTICLE 27 OF CHAPTER 4 (PROJECTIONS INTO YARDS); AMENDING ARTICLE 28 OF CHAPTER 4 (OFF-STREET PARKING AND LOADING); AMENDING ARTICLE 30 OF CHAPTER 4 (NONCONFORMING LOTS, STRUCTURES, AND USES}; AMENDING ARTICLE 32 OF CHAPTER 4 (SITE DEVELOPMENT PERMITS); AMENDING ARTICLE 34 OF CHAPTER 4 (VARIANCES); AMENDING ARTICLE 42 OF CHAPTER 4 (TRANSFER OF RESIDENTIAL DEVELOPMENT RIGHTS), AMENDING ARTICLE 43 OF CHAPTER 4 (COASTAL ZONE COMBINING DISTRICT), AMENDING CHAPTER 5 (GROWTH CONTROL),AND AMENDING CHAPTER 7 (HISTORIC PRESERVATION) OF TITLE 9 OF THE PACIFICA MUNICIPAL CODE (TEXT AMENDMENT TA-105-17), AND FINDING ADOPTION OF THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

WHEREAS, the California Legislature enacted Assembly Bill 2299 (Bloom) (“AB 2299”) and Senate Bill 1069 (Wieckowski) (“SB 1069”), effective January 1, 2017, amending Section

65852.2 of the Government Code pertaining to local regulation of accessory dwelling unit (ADU) construction;

WHEREAS, Section 65852.2 of the Government Code, as amended by AB 2299 and SB 1069, nullifies local ordinances regulating ADU construction if such ordinances do not comply with its provisions;

WHEREAS, Article 4.5 of Chapter 4 of Title 9 of the Pacifica Municipal Code (“Article

4.5n) regulates ADU construction in the City of Pacifica;

WHEREAS, Article 4.5 is not consistent with Section 65852.2 of the Government Code, and the City Councilof the City of Pacifica desires to repeal and replace Article 4.5 with an

ordinance that complies with Section 65852.2 of the Government Code in order to retain local controlover ADU construction;

WHEREAS, the City Councilof the City of Pacifica further desires to make various amendments to other a.ping provisions to ensure consistency with Section 65852.2 of the Government Code and Article 4.5 of Chapter 4 of Title 9 of the Pacifica Municipal Code;

,

WHEREAS , the City Council is concurrently considering amendments to various other non-zoning provisions of the Pacifica Municipal Code to ensure consistency with Section

  1. of the Government Code and Article 4.5 of Chapter 4 of Title 9 of the Pacifica Municipal

Code.

WHEREAS, the Planning Commission of the City of Pacifica held a study session to solicit public input on proposed changes to Article 4.5 on March 20, 2017;

v

WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed changes to Article 4.5 and other zoning amendments on April 17, July 17, and August 21 2017, and adopted Resolution No. 979 by a vote of 4-1 initiating and recommending City Council approval of Text Amendment TA-105-17 on August 21, 2017; and

WHEREAS, the City Council of the City of Pacifica held a duly noticed public hearing on the proposed changes to Article 4.5 and other zoning amendments on September 11 and September 25, 2017, and introduced Ordinance No. ### on September 25, 2017.

NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:

Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.

Section 2. Emergency Vehicle Access Standards. The City Council of the City of Pacifica does hereby find that Appendix D of the 2016 California Fire Code, adopted by ordinance by the City Council, establishes minimum street width and construction type standards to ensure safe access by fire apparatus. Among other standards, Appendix D requires streets to be paved with asphalt, concrete, or another approved surface capable of supporting the load of fire apparatus weighing at least 75,000 pounds. It further requires streets to be at least 20 feet in width and prohibits on-street parking on streets 26 feet or less in width. Appendix D allows on-street parking on one side of streets greater than 26 feet but less than 32 feet in width.

Section 3. Prohibited i n Certain Locations. The City Council of the City of Pacifica does hereby find that, in order to preserve public safety, it is necessary to prohibit attached and detached ADU construction on unpaved streets and on streets where Appendix D of the 2016 California Fire Code prohibits on-street parking. Such a prohibition is necessary because ADU construction will generate intensified demand for on-street parking. Increased demand for on­ street parking may result because off-street parking facilities may be unavailable to offset the demand, and because no mechanism exists to limit the number of automobiles owned by households occupying ADUs. In particular, ADUs located within one-half mile of transit

generally will not have sufficient off-street parking facilities because the City is prohibited under state law from requiring off-street parking for such ADUs (see Gov. Code §§ 65852.2(d), (e)). Additionally, households occupying ADUs located elsewhere may own more vehicles than can be accommodated in the off-street parking facilities the City is permitted to require for ADUs

under state law (not more than one space per bedroom or per unit; see Gov. Code §

65852.2(a)(1)(D)(x)(I)). Therefore, the City Council finds and determines it is possible and likely that ADU construction on streets 26 feet or less in width could result in increased on-street parking demand. The City Councilfurther finds and determines that on-street parking on streets of inadequate width has the potential to narrow or obstruct the path of travel of fire apparatus and other emergency vehicles, delaying response time and endangering public safety.

Section 4. Non-substantive Modifications. The provisions of this section shall not be codified

as part of this ordinance. The City Council of the City of Pacifica adopted Ordinance No. 819 on July 10, 2017. Ordinance No. 819 amends several of the same provisions of the Pacifica Municipal Code as this ordinance, but will take effect only upon an affirmative vote of a majority of the voters of the City of Pacifica at an election scheduled for November 7, 2017. Because it cannot be determined with certainty whether Ordinance No. 819 will take effect, and in order to harmoniously integrate the provisions of this ordinance with Ordinance No. 819 should that ordinance take effect, the City Clerk is hereby authorized to make non-substantive amendments

to the numbering of sections and subsections and any related references to such sections and subsections in this ordinance to ensure the internal consistency of the Pacifica Municipal Code.

Section 5. Amended. Article 4 of Chapter 4 of Title 9 of the Pacifica Municipal Code (R-1 Single-Family Residential District) is hereby amended as follows (deletions in strikethrough, additions in underline):

Sec. 9-4.401. – Permitted and conditional uses.

    1. Permitted uses. The following uses shall be permitted in the R-1 District:
      1. One single-family dwelling per lot;
      1. Accessory buildings and uses;
      1. Child day care homes for twelve (12) children or less;
      1. Special care facilities for six (6) or fewer persons;-aM
      1. Manufactured homes consistent with Chapter 14 of Title 8 of this Code,.; and

(6) Accessory dwelling units on sites that contain an existing attached or detached single-famil y dwelling. subject to the standards of Article 4.5.

    1. Conditional uses. Conditional uses allowed in the R-1 District, subject to obtaining a use permit, shall be as follows:
      1. Churches and schools;
      1. Parks and playgrounds;
      1. Landscaped public or private parking lots when adjacent to any C District;
      1. Crop and tree farming;
      1. Mobile home parks;
      1. Seoond dwelling units pursuant to Artiole 4 .5 of this ohapter;

* * * * *

Sec. 9-4.402. – Development regulations.

Development regulations in the R-1 District shall be as follows:

* * * * *

(n) Notwithstandi ng the provisions of this section. the development regulations for accessory dwelling units shall be those set forth in Article 4.5

* * * * *

Section 6. Repealed. Article 4.5 of Chapter 4 of Title 9 of the Pacifica Municipal Code (Second Residential Units) is hereby repealed in its entirety and replaced with the provisions of Section 7 of this Ordinance.

Section 7. Enacted. Article 4.5 of Chapter 4 of Title 9 of the Pacifica Municipal Code (Accessory Dwelling Units) is hereby enacted as follows:

Sec. 9-4.451. – Purpose

The City Councilfinds and declares its intent as follows:

  1. To enact regulations governing accessory dwelling unit construction in compliance with Section 65852.2 of the Government Code. The provisions of this article shall be liberally construed in order to accomplish development of accessory dwelling units. In the event of a conflict between the provisions of this article and any other ordinance of the City of Pacifica regulating accessory dwelling units, the provisions of this article shall prevail.
  1. To establish a process for ministerial review and approval of accessory dwelling units. No local ordinance, policy, or regulation other than this article and regulations referenced therein shall be the basis for the denial of a building permit for an accessory dwelling unit.
  1. To mitigate a widespread and ongoing shortage of affordable housing within the City. The United States Census Bureau’s 2011-2015 American Community Survey estimates that 46 percent of renter households in Pacifica pay 30 percent or more of their household income for housing-related expenses. The Census Bureau considers households that pay 30 percent or more of their household income for housing-related expenses as “cost burdened”;
  1. To provide for additional housing supply without converting Pacifica’s open space areas into developed sites. More than 30 percent of the City of Pacifica’s 12.6-square mile land area is preserved as permanent open space, resulting in a limited supply of developable vacant sites for the construction of new housing units in the City. Accessory dwelling unit construction, by creating new housing units within existing neighborhoods, can expand access to affordable housing while avoiding significant environmental impacts associated with traditional residential development on vacant sites;
  1. To provide for additional affordable housing opportunities without a commitment of public funds which are usually necessary to subsidize large-scale affordable housing development projects;
  1. To provide for convenient child care opportunities within residential neighborhoods. For working-age residents with children, accessory dwelling units allow family members or other child care providers to reside in close proximity to the household requiring child care. The nearby availability of child care for their children offers working-age residents convenience, and more importantly, may enable them to work and support their families without the burden of commercial child care costs;
  1. To provide for convenient elder care opportunities within residential neighborhoods. Accessory dwelling units enable multi-generational living on a common site. The United States Census Bureau’s 2011-2015 American Community Survey estimates that 14 percent of Pacifica’s population is 65 years or older, an increase from 11 percent in 2010. As Pacifica’s

population ages, accessory dwelling units allow family members or other caregivers to reside in close proximity to those receiving care while affording them the privacy of their own living space. For those receiving care, accessory dwelling units wilt enable many to remain in their homes longer than would otherwise be possible without needing to relocate to an assisted living or

other facility;

  1. To provide supplemental income opportunities to those living on fixed incomes in retirement. Accessory dwelling units may provide an important source of rental income to many property owners, especially those who are retired. The United States Government Accountability Office, in its report “Retirement Security: Most Households Approaching Retirement Have Low Savings” (Report No. GA0-15-419), estimated that in 2013, 52 percent of households age 55 years and older had no retirement savings in a defined contribution plan or

individual retirement account, and that Social Security provides most of the retirement income for about half of households age 65 years and older. The report also found that among the 48 percent of households age 55 years and older with some retirement savings, the median amount is approximately $109,000, or equivalent to an inflation-protected annuity of $405 per month at current rates for a 65-year old. The report further found that nearly 30 percent of households age 55 years and older have neither retirement savings nor a defined benefit plan, and that Social Security is the largest component of household income in retirement, making up an average of 52 percent of household income for those age 65 years and older. Based on United States Census Bureau 2011-2015 American Community Survey estimates, the median

rent in Pacifica in 2015 was $1,875 per month. The addition of income from the long-term rental of an accessory dwelling unit could meaningfully strengthen the finances of retired persons or those nearing retirement;

  1. To preserve affordable housing opportunities within accessory dwelling units. An analysis of listings on the short-term rental site Airbnb in October 2015 found 72 accommodations listed within the City of Pacifica, 57 percent of which offered for rent an entire house or apartment. The average price per night for the listed accommodations was $173 per night, equivalent to a monthly rent of $5,190. According to the United States Census Bureau’s 2011-2015 American Community Survey estimates, median monthly rent during 2015 was

$1,875, equivalent to $62.50 per night. Even if rented fewer than 30 days per month, the potential to yield significantly greater rents from short-term rentals of residential property than from long-term rental provides a strong financial incentive to remove housing from the long-term rental market in favor of offering it for rent in the short-term rental market. In order to preserve public health, safety, and welfare by increasing access to affordable housing, the City Council desires to impose a prohibition on the short-term rental of accessory dwelling units for periods less than 30 days in order to preserve their use for long-term residential occupancy.

(j) To preserve public health and safety by prohibiting attached and detached accessory dwelling units at sites fronted by unpaved streets or streets with widths of 26 feet or less. Appendix D of the 2016 California Fire Code, adopted by ordinance by the City Council, establishes minimum street width and construction type standards to ensure safe access by fire apparatus. Among other standards, Appendix D requires streets to be paved with asphalt, concrete, or another approved surface capable of supporting the load of fire apparatus weighing at least 75,000 pounds. It further requires streets to be at least 20 feet in width and prohibits

on-street parking on streets 26 feet or Jess in width. Appendix D allows on-street parking on one side of streets greater than 26 feet but less than 32 feet in width. In order to preserve public safety, it is necessary to prohibit attached and detached accessory dwelling unit construction on unpaved streets and on streets where Appendix D of the 2016 California Fire

Code prohibits on-street parking. Such a prohibition is necessary because accessory dwelling

unit construction will generate intensified demand for on-street parking. Increased demand for on-street parking may result because off-street parking facilities may be unavailable to offset the demand, and because no mechanism exists to limit the number of automobiles owned by households occupying accessory dwelling units. In particular, accessory dwelling units located within one-half mile of transit generally will not have sufficient off-street parking facilities

because the City is prohibited under state law from requiring off-street parking for such accessory dwelling units (see Gov. Code §§ 65852.2(d), (e)). Additionally, households occupying accessory dwelling units located elsewhere may own more vehicles than can be accommodated in the off-street parking facilities the City is permitted to require for accessory dwelling units under state law (not more than one space per bedroom or per unit; see Gov.

Code § 65852.2(a)(1)(D)(x)(I)). Therefore, it is possible and likely that accessory dwelling unit construction on streets 26 feet or less in width could result in increased on-street parking demand. On-street parking on streets of inadequate width has the potential to narrow or obstruct the path of travel of fire apparatus and other emergency vehicles, delaying response time and endangering public safety.

Sec. 9-4.452. – Definitions.

For the purposes of this article, certain words and terms are hereby defined as follows:

  1. “Accessory dwelling unit” or “ADU” shall mean an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on the same site as an existing primary dwelling unit. An accessory dwelling unit also includes the following:

Code.

  1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety

Code.

  1. A manufactured home, as defined in Section 18007 of the Health and Safety
  1. “Car share vehicle” shall mean a fixed location identified in a map available to the general public where at least one automobile is available daily for immediate use by the general public or members of a car share service, which vehicle may be reserved for use and accessed at any time through an automated application, kiosk, or other method not requiring a live attendant. This term shall not include vehicles returned to locations other than fixed locations where automobiles are not routinely available for immediate use.
  1. “Cooking facilities” shall mean an area containing all of the following: a refrigeration appliance; and, a kitchen sink and cooking appliance, each having a clear working space of not

less than 30 inches in front. For purposes of this article, “cooking appliance” shall include any appliance capable of cooking food, including without limitation a range, stove, oven, toaster oven, microwave, or hot plate.

  1. Efficiency unit” shall have the meaning as defined in Section 17958.1 of Health and Safety Code.
  1. “Independent living facilities” shall mean all of the following facilities within a single accessory dwelling unit: permanent provisions for sleeping, eating, cooking, and sanitation.

(f) “Living area” means the interior habitable area of a dwelling unit including

basements and attics but does not include a garage or any accessory structure.

  1. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

a site.

  1. “Primary dwelling unit” means the first lawfully-constructed dwelling unit that exists on
  1. “Public transit” shall mean a defined transit station or stop identified in a map available to the general public, at which station or stop daily transit services are available and offered,

and where passengers, without a reservation, may board and disembark from a vehicle used in the public transit system, including without limitation a motor vehicle, streetcar, trackless trolley, bus, light railsystem, rapid transit system, subway, train, or jitney, that transports members of the public for hire.

    1. If Section 65852.2 of the Government Code is amended subsequent to the effective date of this article to expressly permit the City to define “public transit” inclusive of a minimum level of transit service, then the following definition shall replace the preceding

definition in subsection (h): “Public transit” shall mean a defined transit station or stop, with a regular service interval no longer than 30 minutes during peak commute hours from 6:00-9:00 AM and 3:00-6:00 PM Monday through Friday, identified in a publicly-avai lable map where passengers, without a reservation, may board and disembark from a vehicle used in the public transit system, including without limitation a motor vehicle, streetcar, trackless trolley, bus, light rail system, rapid transit system, subway, train, or jitney, that transports members of the public for hire.

0) “Sanitation facilities” shall mean a separate room containing a water closet (i.e. toilet), lavatory (i.e. sink), and bathtub or shower.

  1. “Site” shall mean a lawfully-created lot or parcel.
    1. “Sleeping facilities” shall mean an area dedicated to sleeping. Sec. 9-4.453. – Development standards.

units:

  1. General provisions. The following provisions shall apply to all accessory dwelling
    1. An accessory dwelling unit shall not be constructed unless a primary dwelling unit exists on a site and such primary dwelling unit has been constructed lawfully.
    1. A site shall contain no more than one accessory dwelling unit.
      1. For purposes of this article, a “second unit,” “granny flat,» “in-law apartment,” or similar structure or improvement permitted and constructed in accordance with applicable laws in effect at the time of its construction shall be considered an “accessory dwelling unit” for all purposes. If an accessory dwelling unit permitted and constructed prior to the effective date of this article does not conform to all standards prescribed in this article, the accessory dwelling unit shall be considered nonconforming but lawful, and shall be subject to the provisions of Section 9-4.453(i) governing nonconforming accessory dwelling units.
    1. An accessory dwelling unit may be constructed between a primary dwelling unit and a site’s front property line, or in any other location on a site, subject to the standards in this article.
    1. An accessory dwelling unit shall become the primary dwelling unit on a site if the original primary dwelling unit is demolished or determined to be uninhabitable, and is not replaced or made habitable within one year of its demolition or the determination that

it is uninhabitable.

      1. In such case where an accessory dwelling unit becomes the primary dwelling unit, it shall remain so, and be considered a nonconforming but lawful structure if it fails to comply with any zoning standards applicable to a primary dwelling unit in the underlying zoning district, untilsuch time as a new structure compliant with all zoning standards applicable to a primary dwelling unit in the underlying zoning district, is lawfully constructed or otherwise created on the site.
    1. An applicant for a building permit to construct an accessory dwelling unit shall, at the time an application is filed with the City, be an owner-occupant of the site’s primary

dwelling unit and shall provide sufficient proof of occupancy upon request by the City. The site’s owner may at any other time offer for rent either the primary dwelling unit or the accessory dwelling unit. The site’s owner shall be required to reside in the primary dwelling unit as its primary residence at any time while the accessory dwelling unit is occupied by a tenant.

      1. A site’s owner shall not allow occupancy of an accessory dwelling unit by a tenant for any reason, with or without payment of rent, unless the site owner maintains occupancy of the primary dwelling unit as its primary residence.
    1. An accessory dwelling unit may be rented, but shall not be used for rentals of terms less than 30 consecutive days.

dwelling unit.

    1. An accessory dwelling unit shall not be sold separate from the primary
      1. No subdivision of a site containing an accessory dwelling unit may be approved unless all of the following conditions are met: the lots proposed by the subdivision comply with all applicable development standards of the underlying zoning district for a lot containing a primary dwelling unit, including without limitation minimum lot area per dwelling unit and setbacks, or a deviation from the standards is granted; if a condominium subdivision, the zoning designation of the site allows two or more primary dwelling units as a permitted use, or if a conditional use, a use permit is granted prior to or in conjunction with the subdivision; and, the accessory dwelling unit on the site complies, or provisions are made to bring the accessory dwelling unit into compliance, with all development standards applicable to a primary dwelling

unit in the underlying zoning district, including without limitation dwelling unit size, setbacks and off-street parking.

    1. Nothing in this article shall be construed to supersede or in any way alter or lessen the effect of any other provision of this chapter requiring issuance of a discretionary permit for construction of the primary dwelling unit prior to issuance of a building permit. The discretionary review of the primary dwelling unit shall not include consideration of the propriety of an accessory dwelling unit use at the site in the future, but may consider the physical characteristics of how the site may accommodate a future accessory dwelling unit use as they

pertain to objective development standards, other than parking, including without limitation lot coverage, floor area ratio, landscaping, and distance between structures.

    1. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
    1. All accessory dwelling units shall have an exterior point of access that is separate and independent from the primary dwelling unit, including without limitation an accessory dwelling unit established within the space of an existing primary dwelling unit or an existing accessory structure. Any accessory dwelling unit may also have an interior point of access connecting the primary dwelling unit and accessory dwelling unit provided it is possible for the occupants of both the primary dwelling unit and the accessory dwelling unit to independently secure the point of access to prevent unauthorized entry by occupants of the other dwelling unit.
    1. An accessory dwelling unit constructed or established withinthe minimum side or rear setback of the underlying zoning district shall not contain doors. windows, or other openings facing the property line for which the minimum setback has not been satisfied. Skylights or other similar openings designed to provide natural light within the accessory dwelling unit shall be permitted if constructed entirely within the roof of the accessory dwelling unit.
    1. A building permit shall be required to construct an accessory dwelling unit or to establish an accessory dwelling unit within the existing space of a single-family residence or accessory structure. Occupancy of an accessory dwelling unit shall be prohibited until the accessory dwelling unit receives a successful final inspection pursuant to a valid building permit and receives a certificate of occupancy issued on or after the date of the successful final inspection.
  1. Zoning districts where permitted. An accessory dwelling unit shall be a permitted use, subject to the standards contained in this article, on any site zoned for residential use as a permitted use that contains an existing attached or detached single-family dwelling. An accessory dwelling unit shall be prohibited on any other site.
    1. Sites zoned P-D (Planned Development). The provisions of subsection (b) shall apply to sites zoned P-D (Planned Development) where the approved development plan

indicates attached or detached single-family residential development of the site as a permitted use. In cases where the details of the original development plan are not available, the Planning Administrator may determine that a site was intended for single-family residential development as a permitted use by considering any existing structures on the site in addition to the structures and development pattern of the area immediately surrounding the site.

  1. Detached accessory dwelling units. The provisions of this subsection shall apply to an accessory dwelling unit that is detached from a primary dwelling unit and all accessory structures including without limitation garages.
    1. Floor area. The minimum and maximum floor area of a detached accessory dwelling unit shall be as follows:
      1. Minimum. At least an efficiency unit to be constructed in compliance with local development standards.
      1. Maximum. Total floor area shall not exceed 1,200 square feet.
    1. Setbacks.
      1. Front. Minimum front setback shall be fifteen (15′) feet.
      1. Side. Minimum side setback shall be five (5′) feet. However, the minimum street-side setback of corner lots shall be ten (10′) feet.
      1. Rear. Minimum rear setback shall be twenty (20′) feet.
    1. Distance between structures. All portions of a detached accessory dwelling unit shall be located at least ten (1O’) feet from any other building existing or under construction on the same site or an adjacent site. An accessory dwelling unit shall be considered attached to the primary dwelling unit or any other building when there is a common wall, common roof, or a horizontal connection at least thirty (30″) inches above grade such as a deck. Retaining walls and/or decking between an accessory dwelling unit and the primary dwelling unit or any other building that are less than thirty (30″) inches above grade are not considered a connection.
    1. Height. Maximum height shall be twenty-five (25′) feet or the height of the primary dwelling unit, whichever is less. However, if any portion of a detached accessory dwelling unit is located between a primary dwelling unit and a site’s front property line, the maximum height shall be fifteen (15′) feet.

district.

    1. Lot coverage. Maximum lot coverage shall be that of the underlying zoning
    1. Landscaping. Minimum landscaped area on the site shall be that of the underlying zoning district. In addition, the front setback shall be landscaped and adequately maintained. Paving shall only be allowed on a driveway and pathways.
    1. Prohibited. A detached accessory dwelling unit shall be prohibited on any site where, at any point along its frontage, including any secondary frontage on a corner lot, the street is unpaved or the street is 26 feet or less in width.
  1. Attached access01y dwelling units. The provisions of this subsection shall apply to an accessory dwelling unit attached horizontally or vertically to an existing primary dwelling unit or accessory structure, including without limitation a garage.
    1. Floor area. The minimum and maximum floor area of an attached accessory dwelling unit shall be as follows:
      1. Minimum. At least an efficiency unit to be constructed in compliance with local development standards.
      1. Maximum. Total floor area shall not exceed 50 percent of the living area of the primary dwelling unit, and shall not in any instance exceed 1,200 square feet.