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C. Authorization of ADUs by Zoning District <br />In the absence of state legislation addressing the issue, communities have wide discretion in permitting ADUs <br />in many types of residential zoning districts. The merits of locating ADUs in the major types of residential zones <br />is discussed below. As a general principle, in communities with high rents and home prices relative to incomes, <br />the governing body should allow ADUs in the full range of zones where residences are authorized. Different zones <br />and their suitability forADUs are discussed below. <br />Mixed -Use Zones: In the last few decades, governments and planning advocacy groups (including AARP) have <br />recognized the many adverse consequences of strict single -use zoning. Across the country, zoning has been reformed <br />to allow a greater mixture of uses along with residential uses, such as institutional uses, professional services and <br />retail commercial uses. Because of the success over the last century in reducing the pollution and noise impacts from <br />many types of urban land uses, some communities have gone further and allowed residential uses intermingled <br />within a wide range of nonretail commercial and light industrial zones. ADUs may not be appropriate on a variety <br />of lots in these mixed -use zones, but they make sense on lots that are the site of a detached single-family dwelling. <br />Multifamily Zones: These zones are distinguished by apartments or condominiums with multiple dwellings on the <br />some lot, typically in multiunit and/or multistory structures. In recent years some cities with high housing costs have <br />approved or are considering the authorization ofADUs on lots with multifamily structures. <br />California requires jurisdictions to allow new ADU units to be created out of existing parts of multifamily buildings <br />if those parts are not currently used as livable space, such as storage rooms, garages, or basements or through an <br />addition to the building.'-' In May 2020 the Chicago City Council considered a draftADU ordinance that would allow <br />new ADUs equal in number to 33% of the existing units in a multifamily structure on the lot. <br />Town House Zones: These zones contain single-family dwelling units that have common walls but are not atop one <br />another, typically one dwelling per lot. Siting ADUs in these zones can have its challenges, given building orientation <br />and lot coverage. On the other hand, Washington, D.C., is an example of a city where many historic townhouses <br />included an "English basement" on the lowest floors of the building. Ordinances addressing the creation ofADUs <br />in these districts will need to provide more flexibility regarding both siting requirements and some building code <br />standards (flexibility that does not compromise health and safety). <br />Single -Family Zones: These zones contain one single-family dwelling unit per lot and provide the greatest <br />opportunities for siting all types ofADUs. Some jurisdictions also allow clusters of small single-family homes, <br />each on their own small lot or as condominium units with common space. Single-family zones also include detached <br />single-family homes on their own lot and can be treated the some way as those homes are treated in single-family <br />zones. Even in these single-family zones, however, neighbors' concerns about property values, aesthetics and <br />"neighborhood character" have often caused communities to ban detached ADUs or to allow them only on larger <br />lots. Perversely, this can mean that ADUs are prohibited in single-family zones with large lots and bigger houses, <br />where they can be more easily sited as detached units or created by remodeling existing space, but allowed on <br />small lots where this is more challenging. This kind of policy choice reinforces rather than reduces the impact <br />of exclusionary zoning. <br />For reasons of equity and to realize the benefits described in the statement of purpose and intent, ADUs should <br />be authorized in all single-family residential zones. <br />In adapting the model provisions to a local zoning ordinance, a community will substitute its zoning district <br />33 1 HARP - Accessory Dwelling Units: Model State Act and Local Ordinance <br />