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ORDINANCE 2014-16 AN ORDINANCE ADOPTING PROVISIONS FOR ACCESSORY DWELLING UNITS BY AMENDING CITY OF CODY CODE TITLE 10, CHAPTERS 1 AND 7 THROUGH 11. WHEREAS, in response to a number of inquiries from property owners desiring to establish accessory dwelling units, a subcommittee of Planning and Zoning Board members and city staff conducted necessary research and drafted new definitions and regulations for the zoning ordinance to address the topic; WHEREAS, the Planning and Zoning Board made a recommendation that the City Council consider adoption of definitions and regulations pertaining to accessory dwelling units; WHEREAS, a properly advertised public hearing was held by the City Council on November 18, 2014; WHEREAS, after considering public comment and the Planning and Zoning Board recommendation, the City Council has determined that it is in the best interest of the public to adopt accessory dwelling unit regulations and associated definitions as follows . NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, WYOMING: SECTION 1: Chapter 1, Definitions, of Title 10, Zoning Regulations, is hereby amended to add the following definitions: Accessory Dwelling Unit (ADU): “Accessory Dwelling Unit” (ADU) is an independent, self-contained dwelling unit within or attached to a single-family dwelling or building accessory thereto. An ADU that complies with the zoning ordinance is considered a separate land use for purposes of zoning definition and classification, such that it shall not individually constitute a single-family dwelling or cause a single-family dwelling in which it is located to be considered a two-family dwelling (duplex), as the ADU shall be clearly subordinate to the primary dwelling unit, both in use and appearance. Mobile homes, manufactured homes, recreational vehicles and temporary structures shall not be used as Accessory Dwelling Units. Dwelling: “Dwelling” means a building, structure, or portion thereof, designed or used exclusively for residential occupancy. Dwellings are further classified by their number of dwelling units (e.g. two-family dwelling) and configuration (attached or detached). Dwelling Unit: “Dwelling Unit” means a single residential unit providing complete and independent living facilities for one or more persons living as a single household, including lawful facilities for cooking, eating, sleeping and sanitation reserved solely for the occupants thereof. SECTION 2: The definition of “Dwelling, One-Family Detached” as found in Chapter 1, Definitions, of Title 10, Zoning Regulations, is hereby amended to read as follows: Dwelling, One-Family Detached: A building containing one dwelling unit; or, a building containing one dwelling unit and an accessory dwelling unit. SECTION 3: Chapter 11, Restrictions and Limitations, of Title 10 City of Cody Code is renamed to Chapter 11, Supplemental Development Standards. SECTION 4: A new section, 10-11-2, Accessory Dwelling Units, is added to Title 10 Chapter 11, Supplemental Development Standards, as follows: ---PAGE BREAK--- 10-11-2 Accessory Dwelling Units. (ADUs) Accessory dwelling units established in conformance with the provisions of this section may be allowed as specified by the applicable zoning district. An application demonstrating compliance with the requirements of this section must be submitted for review and approval. A. An accessory dwelling unit, where permitted, may be located only in one of the following manners: 1. Within a detached single-family dwelling, either initially at time of construction, or anytime thereafter. 2. Within an addition to a detached single-family dwelling. 3. Above or within a residential garage or other building accessory to a detached single-family dwelling. 4. Within an accessory building on the same parcel as a detached single-family dwelling unit. B. Development standards. Accessory Dwelling Units (ADUs) shall comply with the following development standards, in addition to those of the specific zoning district in which the property is located. 1. Lot Area, Dwelling Size, and Density. The minimum lot size required for an accessory dwelling unit (ADU) is 7,000 square feet. Accessory dwelling units are not subject to the minimum dwelling size requirement of the zoning ordinance and are not included in the density calculations (“lot area per family”) for a lot. 2. Number. Only one accessory dwelling unit (ADU) per lot may be permitted and the ADU must be accessory to a detached single-family dwelling. A lot already occupied by two or more dwellings is not permitted to have an accessory dwelling unit. 3. Height and Setbacks. A single-story ADU that does not exceed fifteen feet in building height is subject to the setback standards applicable to private garages. ADU structures that are taller than fifteen feet in building height shall conform to setback standards applicable to a primary residence. 4. Lot coverage. The footprint of a proposed building containing an ADU that is structurally detached from the primary residence may cover up to 20% of the lot. 5. Living Area. The total living area of an ADU may not exceed seventy-five percent of the living area of the primary dwelling, or 800 square feet, whichever is less, with the following exception: When the ADU will be located on one level of an existing house (e.g. basement) and it is not feasible to utilize the area remaining on that level as part of the primary dwelling, then the reviewing official may authorize the ADU to occupy the entire level. For ADU-related purposes, living area is calculated by excluding the following from the gross square footage of the building: a. The exterior walls; b. Garages; c. Basements with less than 6’8” ceiling height; and, d. Other areas with ceiling height less than five feet. 6. Type of Construction. All ADUs are to be of conventional site-built construction and meet the requirements of the adopted building code for residential dwellings. Mobile homes, manufactured homes, recreational vehicles and temporary structures shall not be used as ADUs. 7. Bedrooms. An ADU may not contain more than two bedrooms/sleeping areas. 8. Parking. An ADU must have a minimum of one off-street parking space, when located outside of the downtown parking district. The required parking space shall meet the standards of Chapter 10-16, Off Street Parking. Any required existing parking may not be displaced by the ADU, unless such parking is replaced elsewhere on the lot. 9. Owner Occupancy. Within the Residential AA and A zoning districts, the owner of the property must utilize the primary dwelling unit or ADU as their primary residence–the dwellings shall not both be occupied unless this is the case. 10. Short term rental. An ADU may be utilized as a short term rental when located in a zoning district that permits short term rentals, provided applicable short term rental requirements are met. 11. Utilities. Both the primary dwelling and the ADU must be connected to public sewer and public water, and be served with a functional fire hydrant meeting applicable requirements for distance to the dwellings. Both dwelling units are to be serviced from single water meter and a single electric meter. 12. Any home occupation within an ADU shall be limited to the home occupation standards of the Residential AA district. ---PAGE BREAK--- 13. Addressing. The ADU will be assigned an individual address, which must be posted as required by code. C. Special Use Permit Required in Residential AA Zoning District. Authorization to establish an ADU within the Residential AA zoning district may be granted by the Planning, Zoning, and Adjustment Board (Board), pursuant to the following Special Use Permit process. 1. Purpose. The purpose of the Board review is to promote the highest level of compatibility possible between the ADU and any neighboring Residential AA lands, by identifying any potential negative impacts and determining if additional protections are needed to avoid or mitigate those impacts to an acceptable level. 2. Public Hearing. The Board shall conduct a public hearing to obtain information pertaining to the request and the suitability of the project as proposed. 3. Notice. Notice of the public hearing shall be given at least ten (10) days prior to the hearing by publication in the city’s official newspaper and by USPS first class mail to the owners of all properties within 140 feet of the subject property. The notices must identify the date, time, location, and purpose of the public hearing. The person sending the notices by mail shall complete an affidavit of mailing which identifies the document, the property owners to which it was sent, and the date mailed. 4. Authority. The Board shall have authority to approve, deny, or approve with conditions the ADU application. Conditions may be imposed to address concerns related to compatibility of use, architecture, solar access, privacy, parking, and other impacts identified through the review process. Conditions may include but are not limited to modifying the location, orientation, and architecture of the proposed ADU; requiring screening (walls, fencing, vegetation); and requiring additional parking. If conditions cannot be developed to sufficiently mitigate adverse impacts to a level determined acceptable by the Board and agreeable to the applicant, the application shall be denied. SECTION 5: Add a new Section 10-7A-1(F) to City of Cody Code, as follows: “Accessory Dwelling Unit, subject to Section 10-11-2.” (Note: This adds Accessory Dwelling Units to the Residential AA zoning district, which also makes them permitted in the A, B, C, F-2, T, RR, D-1, D-2, and D-3 zoning districts.) SECTION 6: EFFECTIVE DATE. That this Ordinance shall become effective after final passage and publication in the Cody Enterprise. SECTION 7: SEVERABILITY. Should any portion of this ordinance be found for any reason to be unconstitutional, unlawful, or otherwise void or unenforceable, the balance of the ordinance shall be severable therefrom, and shall survive such declaration, remaining in full force and effect. PASSED ON FIRST READING: OCTOBER 7, 2014 PASSED ON SECOND READING: OCTOBER 21, 2014 PASSED, ADOPTED AND APPROVED ON THIRD AND FINAL READING: NOVEMBER 18, 2014 Nancy Tia Brown, Mayor ATTEST: Baker, Administrative Services Director