HomeMy WebLinkAbout009 - 02/04/2025 - AMENDING THE LAND USE CODE TO ALIGN WITH TWO ADOPTED STATE HOUSE BILLS CONCERNING ACCESSORY DWELLINGORDINANCE NO. 009, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE TO ALIGN WITH TWO
ADOPTED STATE HOUSE BILLS CONCERNING ACCESSORY
DWELLING UNITS AND PARKING FOR MUL Tl-USE DWELLINGS
AND TO CLARIFY AND CORRECT CERTAIN PROVISIONS
A.Pursuant to Ordinance No. 055, 2024, Council adopted the revised Land
Use Code by reference which went into effect on May 27, 2024.
B.Pursuant to Ordinance No. 081, 2024, Council amended the revised Land
Use Code to remove residential occupancy limits based on familial relationships, which
went into effect on July 12, 2024.
C.The Land Use Code contains various restrictions on the use of accessory
dwelling units (ADUs).
D.The terms of Colorado House Bill 24-1152, effective May 13, 2024, require
the City to eliminate certain restrictions on ADUs and allow ADUs to be built in all zones
where a single-unit dwelling exists or could be built by June 30, 2025.
E.The Land Use Code also contains minimum parking requirements for new
multi-unit and residential mixed-use development.
F.The terms of Colorado House Bill 24-1304, effective August 7, 2024,
prohibit the City from imposing minimum parking requirements on land use approvals for
new multi-unit and residential mixed-use development after June 30, 2025.
G.The City desires to comply with House Bills 24-1152 and 24-1304, and in
order to do so, the existing Land Use Code ADU and minimum parking requirements must
be amended as set forth in this Ordinance.
H.To provide clarification, this Ordinance also corrects various items in the
Land Use Code, such as deleting duplicative standards, updating references, and .
combining tables.
I.On November 21, 2024, the Planning and Zoning Commission unanimously
voted to recommend that Council adopt the proposed changes set forth in this Ordinance.
• J. This Ordinance amends the Land Use Code which was adopted by
reference in Ordinance No. 055, 2024, and amended in Ordinance No. 081, 2024.
However, the amendments contained in this Ordinance are set forth in thei.r entirety
herein.
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In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.1 RESIDENTIAL
DISTRICTS, Section 2.1.2, UE -Urban Estate District, BUILDING TYPES and
DEVELOPMENT STANDARDS, Building Types list, Lot size Table, Lot Width Table,
Building Height Table is hereby amended to read as follows:
The following buildina tv .. o es are oermitted in the UE District·
BUILDING LOT SIZE .LOT WIDTH BUILDING ADDITIONAL
TYPES HEIGHT REQUIREMENTS
Detached 21,780 ft2 100' min. 3 Stories max. Only one
house (Urban (1/2 Acre) detached house
& Suburban) min. on a lot, may
include one (1)
ADU
Duplex 21,780 ft2 100' min. 3 Stories max. Only one duplex
(1/2 Acre) on a lot, shall not
min. be combined with
a detached house
or ADU
Accessory N/A N/A No taller than Located on the
Dwelling Unit Detached same lot with a
house on the detached house
same lot
Detached 21,780 ft2 100' min. 30' max. Located on the
·Accessory (1/2 Acre) same lot with a
Structure min. orimary use
Non N/A N/A 3 Stories max. See other Articles
Residential
Residential See section 3.1 . 1 0 3 Stories max. See other Articles
Cluster
Section 2. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.1 RESIDENTIAL
DISTRICTS, Section 2.1.3, RF -Residential Foothills District, BUILDING TYPES and
DEVELOPMENT STANDARDS, Building Types list, Lot size Table, Lot Width Table,
Building Height Table is hereby amended to read as follows:
The following building types are permitted in the RF District:
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BUILDING LOT LOT BUILDING ELEVATION ADDITIONAL
TYPES SIZE WIDTH HEIGHT REQUIREMENTS
Detached 100,000 200' min. 3 Stories No elevation Only one house ft2 max. of any detached house (Urban & (2.29 building built on a lot, may Suburban) Acres) on a lot in include one (1)
min. the RF ADU
Accessory N/A N/A No taller District shall Located on the Dwelling than extend same lot with a Unit Detached above five detached house
house on thousand
the same lot two hundred
Detached 100,000 200' min. 30' max. fifty (5,250} Located on the Accessory ft2 feet above same lot with a Structure (2.29 mean sea primary use Acres) level
min.
Non N/A N/A 3 Stories See other Articles Residential max.
Residential See section 3.1.1 O 3 Stories See other Articles Cluster max.
Section 3. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.1 RESIDENTIAL
DISTRICTS, Section 2.1 .4, RL-Low Density Residential District, BUILDING TYPES and
DEVELOPMENT STANDARDS, Building Types list,# Of Units Table, and Lot Area Table
is hereby amended to read as follows:
BUILDING TYPES
The followina buildina types are permitted in the RL District·
BUILDING #OF LOT AREA ADDITIONAL TYPES UNITS* REQUIREMENTS
Detached 1 max. The greater of N/A House 6000 ft2 or three (Urban & (3)times the total
Suburban) floor area of all
buildings
excludina an ADU
Accessory 1 max. N/A Located on the Dwelling Unit same lot with a
detached house
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(Attached &
Detached)
Detached See Section 3.1.8 Located on the
Accessory same lot with and
Structure behind a
detached house
•The total number of units shall not exceed one (1 ). Detached house and one (1) ADU.
Refer to Building Types Article 3 and Use Standards Article 4 for specific definitions.
Section 4. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.1 RESIDENTIAL
DISTRICTS, Section 2.1.5, MH -Manufactured Housing District, BUILDING TYPES and
DEVELOPMENT STANDARDS, Building Types, Building Height Table, Building Footprint
Table, and Setbacks Table is hereby amended to read as follows:
The followina buildina types are permitted in the MH District·
BUILDING TYPES BUILDING HEIGHT FOOTPRINT ADDITIONAL
STANDARDS
Mobile Home 3 Stories max. N/A Lot may include one
/1\ ADU.
Accessory Dwelling No taller than No greater than Only one (1) ADU
Unit (Detached & Mobile Home on the Mobil Home on the on a lot with a
Attached\ same lot. same lot. Mobile Home.
Detached 28' max. 800 ft2 Located on the
Accessory same lot with a
Structure Primarv use.
Nonresidential 3 Stories max. 5,000 ft2 See Article 4 and 5
Buildinas
SETBACKS AND SEPARATION
Front 15' min. Distance between 10' min.
Setback* Mobile Home and
Rear Setback* 10' min. Accessory Dwelling
Units
Side Setback* 10' min. Distance between 3' min.
Accessorv Structure
*Setbacks are from property line.
Section 5. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.1 RESIDENTIAL
DISTRICTS, Section 2.1.6, OT -Old Town District, BUILDING TYPES, Building Types
list, Additional Site Requirement Table, is hereby amended to read as follows:
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BUILDING TYPES
The following building types are permitted in the OT-A subdistrict:
Building Units* Lot Area Floor Area Additional
Types Site
Requirement
Detached 1 max. 6,000 ft2 min. 2,400 ft2 NIA
House
(Urban &
Suburban)
Accessory 1 max. NIA See Section Located on the
Dwelling Unit 3.1.9 same lot with a
(Attached & Detached
Detached) House
Detached See Section 3.1.8 Located on the
Accessory same lot with a
Structure orimarv use
BUILDING TYPES
The following building types are permitted in the OT-B subdistrict:
Building Units* Lot Area Floor Area Additional
Types Site
Reauirement
Detached 1 max. 5,000 ft2 min. 2,400 ft 2 max. NIA
House
(Urban &
Suburban)
Duplex 2 max. 5,000 ft2 min 40% of lot area NIA
max.
Triplex 3max. 6,000 112 min 70 % of lot NIA
area max.
Apartment 4max. 6,000 ft 2 min 85% of lot area NIA
Buildinq max.
Accessory 1 max. N/A See Section Located on the
Dwelling Unit 3.1.9 same lot with a
(Attached & Detached
Detached) House, Du plex,
or Triplex
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Detached See Section 3.1 .8 Located on the
Accessory same lot with a
Structure primary use
BUILDING TYPES
The following building types are permitted in the OT-C subdistrict:
Building Types Units Lot Area Floor Area Additional
Site
Reauirement
Detached House 1 max. 4,500 ft2 min. 2,400 ft2 N/A
(Urban &
Suburban)
Duplex 2max. 4,500 ft2 min. No max. N/A
Apartment Bldg. 3 min. 4,500 ft2 min. & No max. N/A
(Triplex and additional 750
other) ft2 min. for
each unit
greater than 3
units
Rowhouse 2 min. to 3 4,500 ft2 min. No max. N/A
max.
4max. 6,000 ft2 min. No max. N/A
5 max. 7,500 ft2 min. No max. N/A
Cottage Court 5 min. 9,000 ft2 min. See Section N/A
3.1.3
Mixed-Use 3 min. 4,500 ft2 min. & No max. N/A
additional 750
ft2 min. for
each unit
greater than 3
units
Accessory 1 max. N/A See Section Located on
Dwelling Unit 3.1.9 the same lot
(Attached & with a
Detached) Detached
House,
Duplex, or
Triplex
Detached See Section 3.1.8 Located on
Accessory the same lot
Structure with a primary
use
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OT -Old Town District (Low, Medium, and High)
DEVELOPMENT STANDARDS
FLOOR AREA -REAR LOT AREA
OT-A 25% max. of rear
50% lot area**
OT-B & OT-C 33% max. of rear
50% lot area**
**All floor area of an ADU is excluded
6.ARTICLE 2 ZONE DISTRICTS, DIVISION 2.1 RESIDENTIAL DISTRICTS,
Section 2.2.1., LMN -Low Density Mixed-Use Neighborhood District, DEVELOPMENT
STANDARDS, Residential Building Setbacks table is hereby amended to read as follows:
RESIDENTIAL AND ACCESSORY BUILDING SETBACKS
Front Setback -from Arterial streets 15' min. 0
Front Setback -from Non-Arterial streets 9' min.
Rear Setback B'min. ,0
Side Setback S'min. 8
Section 7. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.1 RESIDENTIAL
DISTRICTS, Section 2.2.3, HMN -High Density Mixed-Use Neighborhood District,
BUILDING TYPES, Minimum Density Table is hereby amended to read as follows:
HMN BUILDING #OF UNITS MAXIMUM MINIMUM
TYPES DENSITY DENSITY
Non-Residential N/A N/A N/A
Mixed-Use 4+min. 1 unit per 2,000
Apartment 4+min. sq. ft. of site area
Rowhouse 3+min.
ADU (with an 1 max. N/A
existing None
Detached House)
Detached 1 max. N/A
Accessory
Structure (with an
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•CCR
•CG• cs
LOT STANDARDS
Lot Area
Lot Width**
Front Setback**
Rear Setback**
Rear Setback, Allev-Accessed Garaoes**
Residential Use -Side Setback**
•CL
•HC
• E
3000 ft 2 min.*
60' min. 0
20' Ci,l
15'
6'
Corner Lot - 15'
min.
Interior Lot -5' min.
*Lot standards may vary from dimensions stated here if:
•part of a larger development and consistent with density requirements; or•Zone District specific standard applies (see Article 2)
**Except in OT, the standards in this zone district apply.
Section 10. ARTICLE 3 BUILDING TYPES, DIVISION 3.1 RESIDENTIAL
BUILDING TYPES, Section 3.1.9 BUILDING TYPE: Accessory Dwelling Unit (ADU),
DESCRIPTION, ZONE DISTRICTS, Detached ADU FLOOR AREA, and ADU FLOOR
AREA is hereby amended as follows:
DESCRIPTION
•Provides complete independent living facilities inclu ding
-living,
sleeping,
-eating,
-cooking, and
sanitation.
•Per zone district Standards may be accessory to a Detached House, Mobile
Home, Duplex, or triplex, located on the same lot.•New construction or built within an existing detached accessory building
•Max. square footage
•Subordinate to and complements the primary dwelling (architecture, building
materials)
•ADUs may come in one of two varieties:
o Detached
o Attached
ZONE DISTRICTS
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All zone districts where single unit dwelling is permitted or exists.
Detached ADU FLOOR AREA
Detached ADU with New construction Primary Building 750 ft2 max.
or without non-:51,667 ft2
habitable space Primary Building 1,000 ft2 max./ or
(Rear Lot) .:1,667 ft2 45% of primary
dwelling unit.
(whichever is less)
Existing accessory 800 ft2 max.**
structure*
*Legal structure upon the adoption of the LUC. **Does not include non-habitable space.
ADU MAX. FLOOR AREA
Attached ADU Located on a floor level at The greater of 750 sf or
or above grade 45% of primary dwelling
unit
Located on floor level The greater of 750 sf or
below arade 100% of the floor level
Section 11. ARTICLE 3 BUILDING TYPES, DIVISION 3.1 RES IDENTIAL
BUILDING TYPES, Section 3.1.10 Residential Cluster, Setbacks for attached, detached
and accessory buildings in a Residential Cluster and Units Per Acres in a Residential
Cluster is hereby amended as follows:
Setbacks for attached, detached, accessory dwelling unit, and accessory
buildinas in a Residential Cluster
Building Front Interior Side Street Side Rear
Detached 15' min 5' min 15' min 8' min
Attached 10' min O' min 15' min 8' min
Accessory 15' min 5' min 15' min 8' min
Dwellina Unit
Detached Behind primary 5' min 15' min 8' min
Accessorv buildina
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Units per Acres in a Residential Cluster
Zone District Max. Dwellina Units* Acres
UE 2 1
RUL 1 10
RF 1 1 . . *In add1t1on to the max dwelling units, lots with a detached house may include one (1)
ADU.
Section 12. ARTICLE 4 USE STANDARDS, DIVISION 4.2 TABLE OF PRIMARY
USES is hereby amended to add Accessory Dwelling Unit to all zone districts where an
existing Detached House is or can be built and change the level of review for an ADU to
a Basic Development Review, and add Public/Private schools as Type 1 use to read as
follows:
t,cmwvow�llong-Uni: j II a Ill ■ JI D f II II II II 11 1 m II a II a II n: II JI a ] Ill ■ ■ ■■ ■ ! ■ ■
h"'"''f"""""�'""�"• 1,,,,,.,., H.�., h,.ie;r,i,at, «l,><H fr<-: � l<eh.l
ITT 1:2 ca[0 □ m 0 010 ITT□
t?.l!A Ot:.f.lt:a
t.1t:aca!A1:2[0m0
IA Ci Gil Ci Ci
Section 13. ARTICLE 4 USE STANDARDS, DIVISION 4.3 ADDITIONAL USE
STANDARDS, Section 4.3.1 RESIDENTIAL USES, Subsection (B) Accessory Building is
hereby amended to read as follows:
4.3.1 RESIDENTIAL USES
(B)Accessory Dwelling Unit shall be subordinate to a primary dwelling unit. The land
underneath the primary structure and the accessory dwelling unit is not divided
into separate lots. This does not exclude the ability to create a condominium plat.
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(1)Accessory Dwellings Units that apply for a building permit on or after
January 1, 2024, shall not be used for a short term rental. Existing short term rental
licenses issued before January 1, 2024, may be renewed or a new license after
this date may be issued per Section 15-646 of the Code of the City of Fort Collins.
Section 14. ARTICLE 4 USE STANDARDS, DIVISION 4.3 ADDITIONAL USE
STANDARDS, Section 4.3.1 RESIDENTIAL USES, Subsection (E)(1)(j) Home
Occupations is hereby amended to read as follows:
(j)A home occupation shall not be interpreted to include the following:
(I)animal hospital;
(II)long-term care facility;
(Ill) restaurant;
(IV)bed & breakfast;
(V)adult-oriented use;
(VI)vehicle repair, servicing, detailing or towing if vehicles are
dispatched from the premises, or are brought to the premises, or are
parked or stored on the premises or on an adjacent street;
(VII)medical marijuana businesses ("MMBs"), as defined in Section 15-452
of the City Code;
(VI II) retail marijuana establishment as defined in Section 15-603 of the
City Code; and (IX) short term primary rentals and short term non
primary rentals.
Section 15. ARTICLE 4 USE STANDARDS, DIVISION 4.3 ADDITIONAL USE
STANDARDS, Section 4.3.1 RESIDENTIAL USES, Subsection (K) Shelter for victims of
Domestic Violence is hereby amended to read as follows:
(K)Shelter for victims of Domestic Violence
(1)Shall be separated from a shelter by a minimum of one thousand five
hundred (1,500) feet.
Section 16. ARTICLE 4 USE STANDARDS, DIVISION 4.3 ADDITIONAL USE
STANDARDS, Section 4.3.3COMMERCIAURETAIL USES, Subsection (Y)(1)(g) Small
Scale Reception center is hereby amended to read as follows:
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(g)Buffering. If the reception center abuts a single unit dwelling or
property zoned for such activity, buffering shall be established
between the two (2) land uses sufficient to screen the building,
parking, outdoor lighting and associated outdoor activity from view.
A combination of setbacks, landscaping, building placement, fences
or walls and elevation changes and/or berming shall be utilized to
achieve appropriate buffering.
Section 17. ARTICLE 5 General Development and Site Design, DIVISION 5.9
BUILDING PLACEMENT AND SITE DESIGN, Section 5.9.1 (K) Parking Lots -Required
Number of Off-Street Spaces for Type of Used is hereby amended to read as follows:
(K)Parking Lots -Required Number of Off-Street Spaces for Type of Use.
(1)Residential, Commercial, and Institutional Parking Requirements.
Residential, commercial, and institutional uses shall provide a minimum
number of parking spaces as defined by the standards below.
(a)Single Unit and Two-Unit.
Detached House: there shall be one (1) parking space on lots with
. greater than forty ( 40) feet of street frontage or two (2) parking
spaces on lots with forty (40) feet or less of street frontage.
Duplex and Rowhouse: for each dwelling unit with two (2) or fewer
bedrooms there shall be one (1) parking space and two (2) parking
spaces for each dwelling unit with three (3) or more bedrooms.
Parking of any vehicle in the front yard of a lot on which exists a
Detached House or Duplex shall be prohibited unless such vehicle is
parked on an improved area having a surface of asphalt, concrete,
rock, gravel or other similar inorganic material, and such improved
area has a permanent border.
(b)Manufactured Homes. For each manufactured home in a
manufactured home community there shall be one (1) parking
spaces per dwelling unit.
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(c)Fraternity and Sorority Houses. For each fraternity or sorority
house, there shall be two (2) parking spaces per three (3) beds.
The alternative compliance provisions Section 5.9.1 (K)(1 )(a)(II)
may be applied to vary this standard.
(d)Recreational Uses For each recreational use located in a
residential district there shall be one (1) parking space per four (4)
persons maximum rated capacity.
(e)Schools, Places of Worship or Assembly and Child Care
Centers. For each school, place of worship or assembly and child
care center, there shall be one (1) parking space per four (4) seats
in the auditorium or place of worship or assembly, or two (2)
parking spaces per three (3) employees, or one (1) parking space
per one thousand (1,000) square feet of floor area, whichever
requires the greatest number of parking spaces. In the event that
a school, place of worship or assembly, or child care center is
located adjacent to uses such as retail, office, employment or
industrial uses, and the mix of uses creates staggered peak
periods of parking demand, and the adjacent landowners have
entered into a shared parking agreement, then the maximum
number of parking spaces allowed for a place of worship or
assembly shall be one (1) parking space per four (4) seats in the
auditorium or place of worship or assembly, and the maximum
number of parking spaces allowed for a school or child care center
shall be three (3) spaces per one thousand (1,000) square feet of
floor area. When staggered peak periods of parking demand do
not exist with adjacent uses such as retail, office, employment or
industrial uses, then the maximum number of parking spaces
allowed for a place of worship or assembly shall be one (1) parking
space per three (3) seats-in the auditorium or place of worship or
assembly, and the maximum number of parking spaces allowed
for a school or child care center shall be four (4) spaces per one
thousand (1,000) square feet of floor area.
(f)Small Scale Reception Centers in the UE, Urban Estate
District. For each reception center there shall be one (1) parking
space per four (4) persons maximum rated occupancy as
determined by the building code.
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(g)Short term non-primary rentals and short term primary
rentals. The minimum number of off-street parking spaces
required are as follows:
Number of Bedrooms Number of Off-Street Parking Rented . Spaces
1-2 1
3-4 2
5-6 3
(I)The number of additional off-street parking spaces required for
more than six (6) bedrooms rented shall be ca lculated in the
same manner used in the above chart (e.g., 7-8 bedrooms
rented requires four (4) off-street parking spaces).
(II)Short term rentals licensed pursuant to the Code of the City of
Fort Collins Section 15-646 and for which the license ap plication
was submitted prior to October 31, 2017, are exempt from
compliance with these parking requirements so long as such
license remains continuously valid. Subsequent licenses issued
pursuant to Section 15-646 shall comply with these parking
requirements.
Section 18. ARTICLE 5 General Development and Site Design, DIVISION 5.10
LANDSCAPING AND TREE PROTECTION, 5.10.3 BUFFERING BETWEEN BUILDINGS WITH
OCCUPIABLE SPACE AND OIL AND GASE, Section 5.10.3(F)(3) Disclosure is hereby
amended to read as follows:
(3)Sellers and lessors of any real property within an oil and gas buffer must
provide the following written notice of material facts related to oil and gas
facilities identified by environmental site assessments the disclosure notice
must be provided in at least fourteen (14) point font to any potential
purchaser who intends to resell, occupy and/or lease the property prior to
or as part of the purchase or rental agreement:
As required by 5.10.3 of the Fort Collins Land Use Code, notice is
hereby given that [insert description of lot] is within [insert buffer
standard set forth in Subsection (D) including well status and
distance from well]. At the time of [sale or lease], environmental
assessments, studies or reports done involving the physical
condition of the Property impacted by oil and gas production are
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within the acceptable Environmental Protection Agency limits. For
more information contact the City of Fort Coffins Environmental
Planner or the Colorado Energy and Carbon Management
Commission formerly known as the Colorado Oil and Gas
Conservation Commission.
The above notice shall be provided by the prospective seller or lessor to the
prospective buyer or lessee of real property no less than thirty (30) days before
closing or such shorter time period agreed to by the parties and shall be provided
before the signing of any purchase, sale, or rental agreement for the subject
property
Section 19. Article 6, ADMINISTRATION and PROCEDURE, DIVISION 6.4
BASIC DEVELOPMENT REVIEW, Basic Development Review and Minor Subdivision
review procedures, Section 6.4.3(L) Step 12: (Appeals) is hereby amended to read as
follows:
Step 12(Appeals): Applicable pursuant to Section 6.3.12(C). Regardless of the foregoing
the Appeals step is not applicable to applications for Accessory Dwelling Units.
Section 20. The title of Article 6, ADMINISTRATION and PROCEDURES,
DIV ISION 6.21 PROJECT STOCKPILING PERMITS, AND DEVELOPMENT
CONSTRUCTION AND OFF-SITE CONSTRUCTION STAGING is hereby amended to
read as follows:
DIV ISION 6.21 PROJECT STOCKPILING PERMITS, AND DEVELOPMENT
CONSTRUCTION
Section 21. Article 6, ADMINISTRATION and PROCEDURE, DIVISION 6.21
PROJECT STOCKPILING PERMITS, AND DEVELOPMENT CONSTRUCTION AND
OFF-SITE CONSTRUCTION STAGING, Section 6.21.4 OFF-SITE CONSTRUCTION
STAGING is hereby deleted in its entirety.
Section 22. ARTICLE 7 RULES OF MEASUREMENT and DEFINITIONS,
DIVISION 7.2 DEFINITION, SECTION 7.2.2 DEFINITIONS is hereby amended to read
as follows:
Accesso,y dwelling unit (ADU), detached shall mean an additional, subordinate
dwelling unit created on a lot with a primary dwelling unit. The additional unit is
smaller than the primary dwelling unit ( except when the accessory dwelling unit is
in an existing basement), as provided in Section 3.1.9. The accessory dwelling unit
includes its own complete independent living facilities, including facilities for living,
sleeping, eating, cooking, and sanitation. It is designed for residential occupancy
by one or more people, independent of the primary dwelling unit.
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Accessory dwelling unit (ADU), attached shall be defined as an additional,
subordinate dwelling unit created on a lot with a primary dwelling unit and attached
thereto. The additional unit is smaller than the primary dwelling unit (except when
the accessory dwelling unit is in an existing basement), as provided in Section
3.1 .9. The accessory dwelling unit includes its own complete independent living
facilities, including facilities for living, sleeping, eating, cooking, and sanitation. It
is designed for residential occupancy by one or more people, independent of the
primary dwelling unit. The unit may have a separate exterior entrance or an
entrance to an internal common area accessible to the outside.
Building Footprint, the outline of the total area that is covered by a building's
perimeter occupied or obstructed from ground to sky by the structure or portion of
the structure, as measured to the exterior face at or above-grade including exterior
walls on all levels, to the furthest edge of roofs, and to the furthest edge of any
other above-grade surfaces. This does not include structures or portions of
structures with surfaces located no more than 30-inches above grade; fences and
retaining walls; or detached ground-mounted mechanical equipment serving
permitted uses.
Dwelling, single-unit shall mean a dwelling containing no more than one (1)
dwelling unit, whether or not it also contains an attached accessory dwelling unit.
Dwelling, single-unit detached shall mean a single-unit dwelling that is not attached
to any other dwelling or building, whether or not it also contains an attached
accessory dwelling unit, by any means, including mobile homes and manufactured
housing situated on a permanent foundation.
Dwelling, two-unit shall mean a dwelling containing two (2) dwelling units, not
considering any attached accessory dwelling units, and meeting the description of
a Duplex under Section 3.1.5.
Occupant, shall mean a person who occupies habitable space in a dwelling unit
or any portion thereof.
Introduced, considered favorably on first reading on January 21, 2025, and
approved on second reading for final passage on February 4, 2025.
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