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Accessory residential units are subject to site design review under chapter 18.5.2, except as exempted in subsection 18.2.3.040.A, below.

A. Exemptions. Accessory residential units are permitted outright with an approved building permit, and are allowed without a site design review under chapter 18.5.2; provided, that the accessory residential unit meets all of the following requirements:

1. The accessory residential unit is located in the R-1, R-1-3.5, RR, NN and NM zones. Accessory residential units in the R-2 and R-3 zones require site design review under chapter 18.5.2 and are not permitted outright under this subsection.

2. The accessory residential unit meets all of the requirements of the applicable zone in subsections 18.2.3.040.B, .C, .E and .F, below, except as otherwise exempted in subsection 18.2.3.040.A.

3. The size of the accessory residential unit is less than 500 square feet of gross habitable floor area (GHFA).

4. The accessory residential unit is attached to the primary residence or within an existing primary residence. Accessory residential units located in the historic district overlay and including exterior building changes that require a building permit, and accessory residential units located in detached structures (i.e., not attached to the primary residence) require site design review under chapter 18.5.2 and are not permitted outright under this subsection.

5. The property must have two off-street parking spaces, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 18.4.3.080.D.1 and 18.4.3.080.D.2 and paving requirements in subsection 18.4.3.080.E.1.

6. Additional off-street parking is not required for the accessory residential unit if on-street parking is permitted within 200 feet of the property. Alternatively, one off-street parking space may be provided on the property in conformance with the off-street parking provisions for accessory residential units in section 18.4.3.080.

B. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements:

1. One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall not exceed two per lot.

2. Accessory residential units are not subject to the density or minimum lot area requirements of the zone.

3. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA.

4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone.

5. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.040, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 18.4.3.080.D.1 and 18.4.3.080.D.2 and paving requirements in subsection 18.4.3.080.E.1.

C. RR Zone. In addition to the standards in subsection 18.2.3.040.B, accessory residential units in the RR zone shall meet the following requirements:

1. No on-street parking credits shall be allowed for accessory residential units.

2. If located in the wildfire zone, the accessory residential unit shall have a residential sprinkler system installed.

D. R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the standards in subsection 18.2.3.040.B, except that the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 500 square feet GHFA.

E. NN Zones. Accessory residential units in the normal neighborhood district under chapter 18.3.4 shall meet the standards in subsection 18.2.3.040.B.

F. NM Zones. Accessory residential units in the North Mountain Neighborhood NM zones under chapter 18.3.5 shall meet the standards in subsection 18.2.3.040.B, except that the maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 750 square feet GHFA and that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. (Ord. 3155 § 2, amended, 07/17/2018)

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