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A. General. One accessory dwelling unit is permitted as subordinate to a single-family dwelling provided the following criteria are met:

1. The accessory dwelling unit shall be located within the same structure as the principal residence and shall not be a detached structure or located within existing detached accessory structures such as garages, workshops, or guest cottages.

2. The floor area of the accessory dwelling unit shall be limited to the larger of 1,200 square feet or 40 percent of the gross floor area of the primary residence and accessory dwelling unit combined, excluding any related garage area.

3. In addition to any off-street spaces required for the primary residence, and except when the property has frequent transit service as provided in LUC 20.20.590.L.1, off-street parking shall be provided for accessory dwelling units as follows:

a. No off-street parking is required for accessory dwelling units less than 1,000 square feet in floor area (excluding any garage area).

b. One off-street parking space is required for accessory dwelling units between 1,000 and 2,000 square feet in floor area (excluding any garage area).

c. For accessory dwelling units exceeding 2,000 square feet:

i. One off-street parking space is required on lots smaller than 6,000 square feet.

ii. Two off-street parking spaces are required on lots greater than 6,000 square feet.

iii. For purposes of this subsection A.3.c, lot area shall refer to the square footage of a parent lot prior to any unit lot subdivision as described in LUC 20.45A.065 and 20.45B.057.

4. The accessory dwelling unit shall meet all technical code standards, BCC Title 23, including building, electrical, fire, and plumbing code requirements.

5. A site may not contain both an accessory dwelling unit and a business subject to the regulations in Part 20.30N LUC for a Home Occupation Permit.

6. The creation of an accessory dwelling unit shall not satisfy the affordable housing requirements in LUC 20.20.128. (Ord. 6746, 7-17-23, § 1; Ord. 6616, 11-15-21, § 1; Ord. 6589, 7-19-21, § 1; Ord. 6575, 4-26-21, § 1; Ord. 6567, 2-16-21, §§ 1, 2; Ord. 5718, 2-20-07, §§ 1, 2; Ord. 5089, 8-3-98, § 8; Ord. 4498, 3-15-93, § 2)