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Item 28 - Urgency Ordinance to Amend Article II (Use Districts) of Chapter 41 (Zoning) of SAMC
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Item 28 - Urgency Ordinance to Amend Article II (Use Districts) of Chapter 41 (Zoning) of SAMC
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Clerk of the Council
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28
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12/6/2022
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ZOA No. 2022-06 – Urgency Ordinance <br />December 6, 2022 <br />Page 4 <br />3 <br />0 <br />7 <br />0 <br />for primary residence to <br />attached ADUs—27 feet <br />in height in R1 and R2 <br />zoning districts. However, <br />limits detached ADUs to <br />16 feet in height. <br />be permitted up to <br />18 feet in height, and <br />up to 20 feet if <br />necessary to match <br />roof pitch of primary <br />residence. <br />2. Attached ADUs shall <br />be permitted up to <br />25 feet in height or <br />as high as primary <br />residence, whichever <br />is lower. <br />to two stories or 20 feet in <br />height. <br />2. The existing ADU <br />ordinance permits attached <br />ADUs up to the same <br />maximum height as the <br />primary residence. No <br />change is needed. <br />Front Yard <br />Setback <br />Existing ADU ordinance <br />is silent on front yard <br />setback requirement, as it <br />defers to the underlying <br />zoning district front yard <br />setback requirement <br />Local ordinance may <br />impose front yard <br />setback requirement, <br />but ADUs may <br />encroach into that <br />setback if an ADU of at <br />least 800 square feet <br />cannot be <br />accommodated <br />elsewhere on the lot. <br />Add Sec. 41-194.3(F) to allow <br />encroachment into the required <br />front yard setback in the <br />amount necessary to permit an <br />ADU up to 800 square feet in <br />size. <br />Parking <br />Exemptions <br />Existing ADU ordinance <br />provides six parking <br />exemptions for ADUs. <br />Exemptions include: <br />1) The ADU is located <br />within one-half (½) mile <br />walking distance of public <br />transit; <br />2) The ADU is located <br />within an architecturally <br />and historically significant <br />historic district. <br />3) The ADU is part of the <br />proposed or existing <br />primary residence <br />dwelling or an existing <br />accessory structure; <br />4) When on-street <br />parking permits are <br />required but not offered <br />to the occupant of the <br />ADU; <br />5) When there is a car <br />share vehicle located <br />within one (1) block of the <br />ADU; <br />6) The ADU is <br />constructed as a studio, <br />without bedrooms. <br />Enumerates an <br />additional parking <br />exemption. States that <br />previous six parking <br />exemptions also apply <br />to ADUs being <br />proposed as part of a <br />new single-family or a <br />new multifamily <br />residence on the same <br />lot. <br />Amend Sec. 41-194.3(L) to <br />include new parking <br />exemption.
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