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APPROACHES TO ADU ZONING REGULATIONS (CONTINUED)
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<br />issues and Comments Approaches
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<br />16. Where may ADU entrances and stairways be located? If the ADU's
<br />entrance is that of the principal unit, this regulation would not apply. This
<br />type of regulation may focus on the ADU's primary entrance, If so, criteria
<br />may be needed for permit issuer to discern "primary entrance" such as the
<br />relationships of ADU entrances to ADU interiors, sidewalks, stairways,
<br />parking areas, driveways, and streets.
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<br />17. What are the maximum and minimum sizes for ADUs? Maximum
<br />size limits try to require the ADU to be subordinate to the principal unit.
<br />Often, ADU maximums are expressed as a percentage of the living area of
<br />principal unit. "Living area" is defined as the habitable area of the principal
<br />unit including basements and attics but not garages.
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<br />18. May the ADU be built for sale? By addressing this issue, communities
<br />try to maintain common ownership of the accessory and principal units,
<br />Preventing a sate of either unit as a condominium may be difficult. If
<br />common ownership is broken, the ADU permit may be voided, but a court
<br />may not uphold this action since tbe condominium form of ownership is
<br />often protected by statute.
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<br />19, What are the screening and orientation requirements for ADUs? A
<br />few ordinances have provisions that seek to protect the privacy of adjacent
<br />properties with screening and other measures.
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<br />20. What are ADU parking and traffic control requirements? ADU traffic
<br />is generally not a problem, but parking is one of the most difficult issues.
<br />ADU parking needs (and wants by neighbors) are quite diverse because of
<br />varying parking norms, resident expectations, and physical characteristics
<br />of streets and neighborhoods. Also, parking requirements frequently exceed
<br />those for larger homes. The California and AARP legislation both limit
<br />how much parking can be required for ADUs and promote parking in
<br />tandem and in lot setbacks.
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<br />21. How are the densities of ADUs controlled? With density restrictions,
<br />communities try to assure that the number of ADUs will not negatively
<br />affect neighborhoods. Such requirements are rare. Some communities may
<br />need these limitations to make their first set of ADU regulations politically
<br />acceptable. The listed reporting requirements are those of the zoning
<br />administrator to the municipal legislative body.
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<br />22. How are illegal AlDUs legalized? Illegal Al)Us are believed to exist in
<br />almost every community, and they pose some public safety issues by not
<br />conforming to building, electrical, and fire codes. In fact, the prevalence of
<br />illegal units points to the need to adopt ADU regulations that not only legalize
<br />existing units but allow legal AlDUs under re*sonable circumstances.
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<br />23. What are the major ways to enforce ADU regulations? By requiring
<br />owners to record ADU requirements as deed restrictions, subsequent
<br />owners are informed of conditions to which the ADU must conform.
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<br />--RequirlngADU primary entrances to not be in front of the principal unit, invisible from street view, or less visible than the principal unit
<br />--Prohibiting ADU stairways in front or side yards
<br />--Limiting ADU size to maximum number of square feet (600 to 1,200 is not unusual)
<br />--Limiting ADU size as maximum percentage of the living area of
<br /> principal unit (30 to 50 percent is not unusual)
<br />--Requiring a minimum number of square feet (300 is common)
<br />--Requiring that the ADU is not intended to be developed for sale and
<br /> clarifying that it may be rented
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<br />--To maximum extent reasonable, mandating the maintenance of
<br /> overall privacy of neighboring dwellings as determined by fencing,
<br /> landscape screening, physical orientation of ADU, and door and
<br /> window placement
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<br />--Requiring one parking space if:
<br /> · the same requirement exists for principal unit;
<br /> ' no other parking spaces are available by parking in tandem, on
<br /> street, or in side or rear yards; and
<br /> · use of the ADU wilt create the need for additional parking space.
<br />--Requiring two parking spaces per ADU
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<br />--Requiring periodic reporting and review of issued ADU permits to reconsider allowed densities
<br />--Setting quotas on number of ADU permits (perhaps in certain rime
<br /> period) before reconsideration of allowed densities or repeal of ADU
<br /> provisions
<br />--Mandating spacing requirements between ADUs--Restricting number of ADUs in an area or as percentage of homes in
<br /> area (block or census tract)
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<br />--Legalizing illegal ADUs if they conform to basic codes such as building, housing, fire, electrical, and sanitation
<br />--Legalizing illegal ADUs only if they conform to all codes including
<br /> current ADU regulations or qualify for variances
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<br />--Monitoring compliance (see item number 5)
<br />--Requiring owners to record ADU requirements as deed restrictions
<br />--Revoking of permits or licenses
<br />--Prosecuting violators
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<br />Zoni.g New~ is a monthly newsletter published by the American Planning Association.
<br />Subscriptions are available for S50 (U.S.) and S65 {foreign). Frank S. So, Executive Director;
<br />William R. Klein, Director of Research.
<br />Zoni:tg News is produced at APA. Jim Schwab, Editor; Chris Burke, Fay Dolnick, Michelle
<br />Gregoo', San jay Jeer, Megan kexvis. Doug Martin, Marya Morris, Martin Roupe. Aaron Sheffey,
<br />Laura Thompson, Reporters; Cynthia Chc~ki, Assistant Editor; Lisa Barton, Design and
<br />Production.
<br />Copyright ©1997 by American Planning.Association, 122 S. Michigan Ave., Suite 1600,
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<br />All rights resen.cd. No part of this publication may he reproduced or utilized in an)' form or by
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<br />4
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<br />empty nesters living on fixed incomes, were able to create
<br />accessory apartments, live in them, and rent the remainder of ·
<br />their homes to persons who often became as meaningful to
<br />the owners as extended family. One Alzheimer's patient and
<br />homeowner was able to trade ADU quarters for medical
<br />services from an ADU tenant, a nurse, who was also []
<br />delighted by the arrangement. Young citizens have gained
<br /> !
<br />from ADUs because high Bay Area housing costs leave
<br />would-be first-time home buyers with only one viable
<br />option--renting a relative's ADU. ADU rental income has ·
<br />actually allowed some laid-off blue-collar residents to keep
<br />their homes.
<br /> !
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