108-19-4 General Provisions

1. No more than one accessory dwelling unit shall be allowed on any lot or parcel. Detached accessory dwelling units shall be permitted only where state law requires the City to allow them, including any applicable state minimum lot size requirement. Internal accessory dwelling units shall not be subject to a minimum lot size requirement unless expressly authorized by state law. 2. An accessory dwelling unit shall contain sufficient amenities to be definable as a dwelling unit. “Dwelling unit” means one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, normally having cooking, living, sanitary, and sleeping facilities. 3. Required parking may be provided on asphalt, concrete, gravel, or other all-weather dust-controlled surfaces suitable for vehicle access, as provided in Table 108-8-2. Notwithstanding Table 108-8-2 or any other provision of this code, the City shall not require more than one on-site parking space assigned to a detached accessory dwelling unit smaller than 650 square feet and shall not require more than two on-site parking spaces assigned to a detached accessory dwelling unit that is 650 square feet or larger. 4. A property containing an accessory dwelling unit shall be owner occupied. The Land Use Authority may approve a temporary absence from the owner-occupancy requirement for military service, religious service, employment assignment, sabbatical, family medical leave, or other comparable temporary circumstances upon written request, provided the owner demonstrates that the property remains the owner’s principal residence and that the accessory dwelling unit will remain in compliance with this chapter. This subsection shall be interpreted and applied consistently with applicable state law governing internal and detached accessory dwelling units. 5. An internal accessory dwelling unit may not be rented, leased, licensed, advertised, offered, or occupied for a period of less than thirty (30) consecutive days. 6. A detached accessory dwelling unit may not be rented, leased, licensed, advertised, offered, or occupied for a period of less than ninety (90) consecutive days. 7. Neither the single-family dwelling unit nor the accessory dwelling unit may be used, advertised, offered, licensed, or operated as a hotel, motel, vacation rental, nightly rental, short-term rental, or other transient lodging use. 8. No accessory dwelling unit may be occupied by more than one tenant household at any one time, except that this subsection does not prohibit lawful occupancy by related persons or by a single housekeeping unit as otherwise allowed by this code. 9. If the property ceases to be owner occupied, the accessory dwelling unit shall no longer be rented or occupied except in compliance with this code and any other applicable City approval process. 10. The City may consider advertisements, listings, booking records, rental agreements, tax records, utility records, inspection records, complaints, sworn statements, or other competent evidence in determining compliance with this chapter. 11. Compliance with this chapter is a continuing condition of the right to maintain and use an accessory dwelling unit. 12. A violation of this chapter constitutes a civil and administrative violation subject to permit suspension or revocation, business license denial or revocation, code enforcement remedies, and any other remedy authorized by this code or applicable law. 13. The accessory dwelling unit shall comply with local regulations and ordinances for a single-family dwelling. Approval is required from the Fire Authority, Addressing Official or similar official, Culinary Water Authority, Sanitary Sewer Authority, Building Official, and any other reviewing authority with jurisdiction over the property or utility service.