§ 24-65. Accessory dwelling units.

(a)

Purpose. The purpose of these performance standards is to allow efficient use of the existing housing stock and infrastructure, provide housing options that respond to changing household sizes and needs, provide a means for residents—particularly seniors, single parents and empty-nesters—to remain in their homes and neighborhoods, obtain extra income, security, companionship and assistance, and to provide a broader range of affordable housing options.

(b)

Applicability. The following are considered accessory dwelling units or uses:

(1)

A single dwelling unit occupied by the owner, a manager, or a guard is a customary accessory use on commercial and industrial properties in the HCLI and HI districts.

(2)

An accessory apartment (an attached, single, functionally separate dwelling unit) is a customary accessory use in all single family dwellings.

(3)

A detached accessory dwelling unit (a single, fully functional dwelling unit physically separated from the primary dwelling on a lot), including an apartment above a garage, is a customary accessory residential use in the RA, RB, RC, and SR districts.

(c)

Specification standards.

(1)

Only one accessory dwelling is permitted per lot;

(2)

Except for an accessory dwelling provided for a manager or guard on a commercial or industrial property in the HCLI or HI districts, accessory dwelling units are only allowed on lots developed with single family residences.

(3)

An accessory dwelling shall not contain more than two bedrooms (rooms used primarily for sleeping purposes);

(4)

In the residential districts, the lot must meet the minimum size requirement of the district;

(5)

The ground floor area of the accessory unit shall not exceed 50 percent of the ground floor area of the principal dwelling or structure;

(6)

An accessory dwelling shall not exceed the district's maximum height limitation for accessory buildings;

(7)

The accessory dwelling shall have a roof pitch, siding, trim and window proportions similar to that of the principal dwelling or structure to the extent feasible, as determined by the administrator;

(8)

The accessory dwelling shall comply with all other standards for principal dwellings or structures such as setbacks, lot coverage and height;

(9)

The accessory dwelling unit shall not require a separate access approach to the adjacent public street, with the exceptions that the alley may serve the accessory dwelling and existing driveway approaches may serve the accessory dwelling unit;

(10)

At least one off-street parking space must be provided for an accessory dwelling unit; and

(11)

Approval from the Montana Department of Environmental Quality may be required prior to issuance of a permit.

(d)

Renting an accessory dwelling unit. Renting of either dwelling may occur so long as the two conditions below are met. (Renting an accessory dwelling unit to a manager or guard on a commercial or industrial property is exempt from these conditions.)

(1)

One of the dwellings shall be occupied by the landowner as a permanent residence.

(2)

The landowner shall record a signed affidavit and deed restriction, in a form approved by the city attorney, stating the property owner will reside on the property, either in the principal or accessory dwelling unit. Once recorded, the deed restriction may not be removed or modified without city council approval.

(e)

Violation of terms. In the event that any of these terms is violated, the owner shall provide for the removal of the accessory dwelling improvements and restore the site to its principal use.

(Ord. No. 1306 , § 1(Exh. A) 11-9-16)