20.16.100 Accessory dwelling units.
A. Purpose. The purpose of this section is to allow for accessory dwelling units to be established by right and subject to administrative approval in accordance with state law. Facilitating the development of accessory dwelling units will increase the housing options for family members, seniors, low-wage workers, persons with disabilities, students, and others in the community. This section addresses the specific needs of Cudahy by providing limitations consistent with state law to maximize neighborhood compatibility.
B. Not Part of Density Calculation. An accessory dwelling unit that conforms to all applicable requirements of this section shall not be considered in the calculation of allowable density for the lot upon which it is located, and is deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot.
C. Requirements Applicable to All Accessory Dwelling Units.
1. Permitted by Right. An accessory dwelling unit may be constructed by right on a parcel occupied by a single-family residence in the LDR Zone; provided, that such accessory dwelling unit complies with all requirements set forth in this section.
2. Relationship to Primary Dwelling. The accessory dwelling unit may be either attached to the primary dwelling or be a detached structure.
3. Maximum of One per Parcel. There shall be no more than one accessory dwelling unit allowed on each parcel with a detached single-family residential structure.
4. Entrances. Entrances shall be incidental to the primary dwelling and minimally visible from the front of the primary dwelling. No passageway to the primary dwelling shall be required with the construction of the accessory dwelling unit.
5. Fire Sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers unless required for the primary residence, per Government Code Section 65852.2(c).
6. Utility Hookups. Separate utility hookups are permitted, but are not mandatory.
7. Occupancy Requirements. The applicant for a building permit for an accessory dwelling unit shall be the owner and occupant of the property. The owner shall be required to permanently occupy either the primary unit or the accessory dwelling unit.
8. Deed Restriction Required. Before obtaining a building permit for an allowed accessory dwelling unit, the property owner shall file with the County Recorder a declaration or agreement of restrictions, which has been approved by the city attorney as to its form and content. The declaration or agreement of restrictions shall contain a reference to the deed under which the property was acquired by the owner and shall state that:
a. The accessory dwelling unit shall not be sold separately.
b. The accessory dwelling unit is restricted to the maximum size allowed as identified by the development standards in this section.
c. The accessory dwelling unit shall be considered legal only so long as either the primary residence, or the second dwelling unit, is occupied by the owner of record of the property.
d. The restrictions shall be binding upon any successor or assigned in ownership of the property, and lack of compliance shall result in legal action against the property owner.
D. Requirements Applicable to Newly Constructed or Expanded Structures.
1. Maximum Gross Floor Area. No accessory dwelling unit, either attached or detached, shall exceed 50 percent of the size of the living area of the primary dwelling, and in no case shall the accessory dwelling unit exceed 600 square feet in gross floor area.
2. Development Standards. The accessory dwelling unit shall comply with the minimum property development standards of the LDR, MDR, and HDR Zones in compliance with CMC 20.16.030 (including but not limited to minimum lot size, lot width, lot depth, setbacks, distance between buildings, and lot coverage), unless modified by this section.
3. Lots Not Meeting Minimum Lot Size and Width. No accessory dwelling unit may be constructed on lots that do not meet the minimum lot size and minimum width for the LDR, MDR, and HDR Zones.
4. Maximum Height. All detached accessory units shall be limited in height to one story and 15 feet.
5. Bedrooms. The maximum number of bedrooms in any accessory dwelling unit is one.
6. Location. No detached unit may be placed in front of the primary dwelling.
7. Architectural Design, Form, and Materials. The accessory dwelling unit shall be constructed to be compatible with the existing primary residence located on the site in terms of architectural design, form, and materials.
8. Minor Development Review. New construction shall be subject to minor development review permit procedures pursuant to Chapter 20.84 CMC, Part 2.
9. Parking.
a. In addition to the parking spaces required for the primary residence, at least one off-street parking space shall be provided for each accessory dwelling unit, which may be provided as tandem parking in an existing driveway.
b. If a garage, carport, or covered parking structure is converted or demolished in conjunction with the construction of an accessory dwelling unit, those off-street parking spaces shall be replaced. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on paved driveways leading to a required parking space.
c. Additional parking is not required in the following instances:
i. Where a property is located within one-half mile from a public transit stop. Public transit stop is defined to be a stop at which service is provided at no greater than 15-minute intervals during peak hours. Public transit means scheduled services provided by a public agency.
ii. For properties located within an architecturally and historically significant historic district, as adopted by the city.
iii. For properties in an area where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
iv. For properties located within one block of a car share area approved by the city.
E. Requirements to Convert Existing Space in a Single-family Structure to an Accessory Dwelling Unit.
1. Zoning Clearance. An application for a building permit to create one accessory dwelling unit per single-family lot within the existing space of a legally permitted accessory structure or single-family dwelling shall be approved subject to Chapter 20.84 CMC, Part 3 (Zoning Clearance). Development review shall not be required for minimal exterior changes that do not expand the existing structure.
2. Setbacks. Side and rear setbacks must be sufficient for fire safety. Conversion of detached structures that meet applicable zone standards for side and rear setbacks and distance between buildings may be denied if a finding is made that the setbacks are insufficient for fire safety.
3. Access. The unit shall have an exterior access independent from the primary residence. No passageway between the primary residence and the accessory dwelling unit shall be required.
4. Size. No conversions of existing space shall exceed 600 square feet in size and shall not exceed 50 percent of the living area of the primary dwelling unit, and shall have a maximum of one bedroom.
5. Parking. An off-street parking space for the accessory dwelling unit shall not be required. However, the applicant shall be required to replace any parking spaces lost as a result of the conversion of the existing space to an accessory dwelling unit. The replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to covered spaces, uncovered spaces, or tandem spaces. Replacement parking may only occur on driveways leading to a required parking space.
6. Setbacks for Conversions of Existing Space. No setback is required for an existing structure that is converted to an accessory dwelling unit. For conversion of existing and legally permitted space above a garage that is detached from the primary dwelling unit, a minimum five-foot rear and side yard setback shall be required.
7. Conversions of or within Nonconforming Structures. Existing space within existing structures that are nonconforming with respect to setbacks, building height, or lot coverage may be converted to an accessory dwelling unit, provided the nonconformity is not increased in any manner and the accessory dwelling unit meets the size limitations established in this section. (Ord. 690 § 4 (Exh. A), 2018).