07-2023 - Amend Zoning Code - ADUs

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DocuSign Envelope ID: 27CE1015-8397-4CCE-9DD9-31 F514ECBED3 (a) The principal building, including attached accessory dwelling units, shall not cover more than thirty- five percent (35%) of the lot area. (b) Arbors, trellises, exterior steps, fences, and living fences shall be excluded from the lot coverage limitation. (c) An accessory structure or structures shall not cover more than twenty-five percent (25%) of the area of the rear yard except as provided in Section 1123.03. Accessory dwelling units are not subject to this provision and instead are regulated by Section 1161.03 (bb). (d) The maximum lot coverage shall not exceed 85%. Section 13. That Section 1133.06 Conversion of Single -Family Structure Prohibited of the Codified Ordinances of the City of Lakewood, currently reading as follows: 1133.06. Conversion of Single -Family Structure Prohibited. No single-family structure shall be converted to or enlarged or altered to accommodate more than one (1) family. is hereby repealed. Section 14. That new Section 1133.06 Conversion of Single -Family Structure Prohibited of the Codified Ordinances of the City of Lakewood is hereby enacted to read as follows: 1133.06 Conversion Of Single -Family Structure Prohibited. No single-family structure shall be converted to or enlarged or altered to accommodate more than one (1) family, except that an accessory dwelling unit can be constructed or located on certain lots in accordance with Section 1161.03(bb). Section 15. That new Section 1161.03(bb) Supplemental Regulations for Specific Uses is hereby enacted to read as follows: 1161.03. Supplemental Regulations for Specific Uses. (bb) Accessory Dwelling Units. In a R2 Single- and Two -Family District accessory dwelling units may be permitted as a conditionally permitted use subject to the following regulations: (1) The lot on which an accessory dwelling unit is placed shall have only one existing dwelling unit. (2) The lot must be continuously occupied by the majority owner of the lot as their primary residence and as evidenced by documentation determined sufficient by the Planning & Development Director or designee. (3) The accessory dwelling unit may be attached to or detached from any principal or accessory structure. If attached to a principal structure, the accessory dwelling unit must be designed in a manner to minimize the impact to the principal structure, to the maximum extent practical, and reviewed and approved by the Architectural Board of Review. (4) For any accessory dwelling unit proposed over an existing accessory structure (i.e., a garage) the existing structure must meet current Building Code requirements. (5) The accessory dwelling unit must be located in a side or rear yard and not be closer to any street frontage than the primary structure. In the case of a double frontage lot, the accessory dwelling unit shall meet the applicable setback standards. (6) The minimum gross floor area of the accessory dwelling unit shall be that required by the applicable Building Code in effect at the time any permit is issued. (7) The maximum gross floor area of the accessory dwelling unit shall be 50% of the gross lot coverage area of the principal structure, excluding porches, decks, and patios, or 1,000 square feet, whichever is less. The maximum gross floor area shall not include any exterior stairs or landings required for ingress or egress. (8) For accessory dwelling units attached to the principal structure, the maximum height shall be that applicable for the principal structure. For accessory dwelling units that are detached or attached to an