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03-09-26-WS
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03-09-26-WS
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C. Size of ADUs <br />Many local governments have adopted minimum and maximum sizes forADUs. The Model Local ADU Ordinance <br />recommends eliminating minimum -size limits since the basic requirements for a living space (kitchen, bathroom, <br />living/sleeping space) and the housing market will establish a minimum size. In expensive housing markets the <br />success of micro -apartments of less than 300 square feet and the proliferation of tiny homes on wheels demonstrate <br />that there is demand for very small units. At the other end of the scale, limits on the maximum size prevent the <br />construction ofADUs that could be home for families of three or more persons. <br />An accessory dwelling unit may be any size, provided the proposed unit's total square footage is less than the <br />primary dwelling's and other requirements are satisfied. <br />For situations in which the existing residence is very small, local governments might consider authorizing ADUs up to <br />800 square feet when the primary dwelling is smaller than that size. Burlington, Vermont, takes a different approach <br />to this issue, it allows accessory dwelling units to be 30% of the gross square footage of the house or 800 square feet, <br />whichever is greater. 36 <br />■ Introduction to Lot Coverage, Setbacks, Height, Bulk and Floor Area Ratios <br />Lot coverage, setbacks, height and bulk (floor area ratio) limits are adopted primarily to address the appearance <br />(the "built character") of neighborhoods. (There are some fire safety aspects to setbacks.) Cities with steep <br />terrain apply additional or modified requirements that address vertical proximity as well as structural safety. <br />Local governments use a number of methods to regulate the size and location of buildings (residences and other <br />structures) to achieve aesthetic goals and assure a minimum amount of undeveloped land. These methods are <br />limits on the proportion of a lot that is used as a site for permanent structures ("lot coverage"); the setback from <br />the property lines; and height and floor area ratios that establish the maximum square footage of residential <br />structures based on a percentage of the total lot area. <br />These limits are often used in various combinations, sometimes as alternative standards. For example, setbacks <br />alone without a separate lot coverage limit can effectively create a lot coverage maximum. The failure of some <br />ADU ordinances to result in the production of ADUs can be traced back, in part, to these requirements, especially <br />the unintended interaction between those regulations. <br />Before adoption of these requirements forADUs, local governments may benefit from analyzing the combined <br />effect of these regulations on a representative set of lots in each zone. In addition to determining whether <br />the effect is to make it physically impossible to build a detached (or attached) ADU on some lots, the local <br />government should estimate the return on investment on that portion of the lots where ADU construction <br />is allowed. This will provide some idea of the strength of the potential market incentive forADU construction. <br />However, the analysis needs to reflect that the homeowners building ADUs are often considering both a market <br />return and nonmarket returns. For example, assume the desired ADU is intended to meet the needs of an <br />older relative with mobility limitations. A 500-square-foot structure would be small but sufficient. But if the <br />overlapping regulations on lot coverage and setbacks mean the structure would need to have two stories in <br />order to provide 500 square feet of living space, then this kind of structure might generate a good rental return <br />but would not meet the needs of the intended resident. <br />37 1 HARP - Accessory Dwelling Units: Model State Act and Local Ordinance <br />
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