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Accessory residential units are permitted outright with an approved building permit provided the accessory residential unit meets all of the following requirements:

A. The accessory residential unit is located in a residential zone including the R-1, R-1-3.5, RR, WR, R-2, R-3, NN, and NM zones.

B. One accessory residential unit is allowed per lot, and the maximum number of dwellings shall not exceed two per lot.

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

D. Accessory residential units shall be included for the purposes of meeting minimum density calculation requirements for the R-2 and R-3 zones in subsection 18.2.5.080.C and for residential annexations in subsection 18.5.8.050.F.

E. The proposal shall conform to the applicable dimensional standards in chapter 18.2.5, Standards for Residential Zones, including but not limited to lot coverage, setbacks, and building height.

F. Size Requirements.

1. Single-Family Zones. In the R-1, R-1-3.5, RR, WR, and NN zones, the maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the single-family dwelling located on the same lot, and shall not exceed 1,000 square feet GHFA.

2. Multiple Family Zones. In the R-2 and R-3 zones, the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the single-family dwelling located on the same lot, and shall not exceed 500 square feet GHFA.

3. NM Zones. In the North Mountain Neighborhood NM zones, the maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 750 square feet GHFA and the second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. (Ord. 3229 § 3, amended, 12/19/2023; Ord. 3199 § 4, amended, 06/15/2021; Ord. 3155 § 2, amended, 07/17/2018)