Summary of Proposed Changes to Accessory Dwelling Unit Requirements in Residential Districts

We have heard many discussions and received numerous questions related to the proposed changes surrounding Accessory Dwelling Units (ADUs) in CodeNext. We would like to provide the following table to help clarify what the proposals are. Keep in mind that this is just a segment of the whole CodeNext project. Please see below for drafts of the CodeNext document, updates from recent meetings, and more!


CodeNext DRAFT: Summary of Changes to Accessory Dwelling Unit (ADU) Requirements in Residential Districts

Requirement

Title 16: Unified Development Code

(from EMC Table 16-5-1.1 and EMC § 16-5-4.C.7)

CodeNext: Proposed Amendments to Title 16

(from CodeNext Draft Table 4-2, Table 5-2 and, § 16-4-4.B)

Permitted Zone Districts

  • R-1-C,
  • R-2-A,
  • R-2-B,
  • MUR-3-A
  • MUR-3-B
  • R-1-A
  • R-1-B
  • R-1-C
  • R-2-A
  • R-2-B
  • MU-R-3-A
  • MU-R-3-B
  • MU-R-3-C

Eligibility of Principal Structure

Allowed in association with one-unit detached dwelling/house

Allowed in association with the detached house, multi-unit house (duplexes, triplexes, or quadplexes), and attached house (rowhouse) types

Allowed ADU types

  • Garden Cottage - detached residential structures on the same lot as a principal detached one-unit dwelling.
  • Carriage House - dwelling units above or attached to a detached garage or other permitted detached accessory structure, on the same lot as a principal detached one-unit dwelling.
  • Detached accessory building
  • Attached to existing principal structure
  • Located within principal structure (attic or basement apartments)

Number of ADU’s Allowed

One per lot

One per lot (detached houses in R-2-B, MU-R-3-A, MU-R-3-B, and MU-R-3-C zone districts are eligible for up to three ADUs depending on lot area and ADU type)

Occupancy Requirements

Property owner occupancy required for either principal dwelling or ADU

No owner occupancy requirements

ADU Size Allowances

  • 650 square feet of gross floor area or the size of the principal dwelling, whichever is less.
  • 800 square feet, if in a detached building or if attached or internal to the principal building
  • Equal to building footprint if internal to principal building and in a basement

Height Limitations

26’ maximum, also subject to bulk plane requirements

16’ maximum, or 25’ if the ADU is placed above an operable garage, also subject to bulk plane requirements

ADU Placement Requirements

ADU placement is restricted to the rear thirty-five percent (35%) of the lot

ADU shall be to the side or rear of the principal structure, or otherwise integrated into the principal dwelling structure

Parking Requirements

One off-street parking space shall be provided for each Accessory Dwelling Unit

No additional parking required. Parking, where provided, is subject to lot coverage and frontage design standards

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On September 25, 2023 city council adopted the new Unified Development Code (CodeNext).

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