MapLink™ | Procedures | 9.07 Accessory Dwelling Units (ADUs)

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9.07 Accessory Dwelling Units (ADUs)
Application process.
Application for an ADU shall be made to the Zoning Administrator and shall include the following information:
 
1. Scaled and dimensioned site plan of the property showing the following:
a. Location of all structures on the property (principal and accessory structures).
b. Proposed location of the ADU.
c. Setbacks of the proposed ADU from the property lines and all structures.
d. Designated parking area for the ADU.
e. Landscaping or fencing for the ADU.
 
2. Scaled and dimensioned floor plan of the ADU, showing the following:
a. Kitchen.
b. Bathroom.
c. Sleeping area.
d. Entry stairs, porches, or entrances.
e. Total square footage of the ADU.
f. Gross square footage of principal dwelling unit.
 
3. Scaled elevations of all sides of the ADU, including windows, doors, porches, and other exterior features.

4. Notice to adjacent property owners.
After the Zoning Administrator receives a complete application for an ADU, and determines that the plan meets all of the standards for approval, a notice shall be provided to all property owners within a radius of 300 feet of the subject property with a description of the ADU request. See § 39-12.06C.

5. Approving authority.
The Zoning Administrator shall be the approving authority. A notified property owner may request, however, that a special exception public hearing and review be held by the Board of Appeals when the Zoning Administrator is provided with a written communication describing the specific reasons for the request. The Board of Appeals may approve an ADU subject to conditions of approval as it deems necessary to ensure compatibility with adjoining or nearby residential properties, or to protect the health, safety, and general welfare.
 
Review process.
1. Approving authority. The Zoning Administrator shall be the approving authority and shall use the criteria listed in Subsection E.

2. Notice to adjacent property owners. After the Zoning Administrator receives a complete application for an ADU, and determines that the plan meets all of the standards for approval, a notice shall be provided to all property owners within a radius of 300 feet of the subject property with a description of the ADU request. See Section 39-12.06C.

3. A notified property owner may request a special exception public hearing and review by the Board of Appeals. To initiate a hearing by the Board of Appeals, the noticed neighbor shall provide a written request to the Zoning Administrator describing the specific reasons for the request. The Board of Appeals may approve an ADU with conditions if necessary to ensure compatibility with adjoining or nearby residential properties, or to protect the health, safety, and general welfare of the neighbors or the public.

Standards for approval.
The Zoning Administrator or Board of Appeals shall review the ADU using the following standards:
1. Number allowed: one ADU maximum shall be permitted on a property.

2. Location and setbacks.
a. Front yard. An ADU shall not be permitted in a required front setback.
b. Side and rear yards: shall meet the minimum side yard setback for principal structures in the zone district. See Article 39-2: Zone Districts.
c. Secondary street. An ADU shall meet the minimum secondary street yard setback for principal structures in the zone district. See Article 39-2: Zone Districts.
 
3. Size. An ADU may be 300 to 720 square feet in gross floor area and shall not exceed 1/3 of the principal dwelling unit's gross floor area. See Chart for detailed information.

4. Height. An ADU located on the first floor shall have a maximum average height of 16 feet. An ADU located on the second floor shall have a maximum average height of 22 feet.

5. Occupancy. Either the principal residence or the ADU shall be owner-occupied

6. Property requirements.
a. An ADU shall only be constructed on a property with a single detached dwelling unit.
b. A property with an ADU shall not have a short-term rental or a bed-and-breakfast on the same property.
c. An ADU shall count towards the maximum number of permitted accessory structures on the lot, as described in Sec. 39-9.05: Accessory structures requiring setbacks.
d. An ADU shall not be allowed in the area defined as the Hope Neighborhood Overlay District. See Sec. 39-2.21: Hope Neighborhood Overlay District.
e. An ADU shall be connected to an approved water and sewer system.
f. The utilities for the ADU shall not be metered separately.
g. An ADU shall not be sold separately.
h. The ADU shall have one dedicated parking space in addition to one parking
space for the single family home.
 
7. Impact.
a. An ADU located in any zone district shall receive an infill design review per Sec. 39-9.09: Infill design review standards to ensure character compatibility with the neighborhood.
b. The ADU shall not result in an excessive increase in traffic, parking congestion, or noise.
c. The placement, orientation, and location of the windows and doors of the ADU shall not infringe on the privacy of the surrounding neighborhood.
d. Adequate landscaping and/or a six-foot-high fence shall be installed to screen an ADU from an adjacent property when the ADU is located on the ground floor.
 
Post approval requirements.
Construction may commence on an ADU following approval by the Zoning Administrator or Board of Appeals, infill design review approval if applicable, and the issuance of a building permit. After ADU construction is complete, and a certificate of occupancy has been obtained, the property owner shall record a document with the County Register of Deeds notifying potential buyers of the property requirements specified in this section.

See Sec. 39-9.07: Accessory dwelling units (ADUs) for more detailed information.
See Accessory Dwelling Units for information on applications.
Click here for the Accessory Dwelling Unit permit.