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03-09-26-WS
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03-09-26-WS
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Provisions like these require a commitment to enforcement that is often a challenge for local planning and building <br />departments, which are frequently underfunded. One simple mechanism for enforcement is to send a letter to the <br />landlord every year that must be signed and returned attesting to his or her adherence to the income limit, a practice <br />Santa Cruz adopted. <br />II. Standards <br />A. Minimum Lot Size in Single -Family (and Town House) Zones <br />This section addresses the lot sizes required forADU installation. Local governments have often imposed excessive <br />minimum lot sizes forADUs, which greatly restricts the number ofADUs in a community. In a survey of 50 ordinances <br />for the 2000 edition of the Model State ADUAct and Local Ordinance, the minimum lot size requirement varied from <br />4,500 square feet to 1 acre (APA 1996). One community allowed detached ADUs only on lots that were 1.5 times the <br />minimum lot size of the zoning district (Orange County, Florida, Zoning Code Sec. 38-1426 (f)(4). Some communities <br />have the some minimum lot -size requirements for all ADUs. <br />As a policy matter, it should not be necessary to establish a separate qualifying lot size forADUs if the purpose is to <br />assure the retention of landscaping and privacy between homes, because the setback and lot coverage standards <br />can achieve those objectives. <br />The language below requires that the minimum sized lot required for an ADU is the some as the minimum lot size <br />for the primary dwelling. <br />There is one exception: ADUs may be created within or attached to an existing house on lots smaller than the <br />minimum lot size if there is an existing house on the lot. It also allows ADUs to be built concurrently with or before <br />the primary residence (for reasons discussed in notes to the alternative definitions for accessory dwelling units). <br />This provision also addresses the issue of legally platted lots made nonconforming by the imposition of subsequent <br />lower -density zoning, something that occurred in many cities in the middle of the 20th century. <br />Accessory Dwelling Units may be created on any lot that meets the minimum lot size required for a single-family <br />dwelling (or town houses). Attached and internal accessory dwelling units may be built on any lot with a single- <br />family dwelling (or town house) that is nonconforming solely because the lot is smaller than the minimum size, <br />provided the accessory dwelling units would not increase the nonconformity of the residential use with respect <br />to building height, bulk or lot coverage. <br />B. Types of Structures <br />Many off -site manufactured and modularADUs have been and continue to be produced, old conceptions of what <br />constitutes a manufactured or modular home have become outdated. The Model Local ADU Ordinance provision <br />maximizes the opportunities forADUs by allowing any type of structure to be an ADU if that structure is allowed <br />as a principal unit in the zoning district. <br />A manufactured or modular dwelling unit may be used as an accessory dwelling unit in any zone in which <br />accessory dwelling units are permitted. <br />36 1 HARP - Accessory Dwelling Units: Model State Act and Local Ordinance <br />
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