ACCESSORY DWELLING UNIT REVISIONS CASE NU - TA2008005 - ACCESSORY DWELLING UNITS.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Commission Hearing Date: September 18, 2008
Board Hearing Date: October 15, 2008
Case: TA2008005 - Accessory Dwelling Unit Revisions
P&Z Agenda Item: 3
Supervisor Districts: All Districts
Applicant: Commission initiated
Request: A Text Amendment (TA) to the Maricopa County
Zoning Ordinance (MCZO) to add a definition for a
Guest House and revising regulatory process to allow
for Accessory Dwelling Units (ADU) in the Rural and
Residential zoning districts.
Discussion: The main purpose of the TA is to simplify permitting of
ADUs. Maximum size limits have been removed but
the respective zoning district development standards
must still be observed for the lot on which an ADU is
proposed.
Support/Opposition: There is no known opposition to the TA as proposed.
Staff
Recommendation: Approve as proposed in the attached draft document
for the following reasons:
• Staff has received no objections to the
adoption of this document.
• This document will update existing policies and
standards to bring them more in line with
nationwide standards.
Commission
Recommendation: Initiate and Approve as recommended by staff by a
unanimous vote of 6-0.
October 15, 2008 BOS
P&Z Agenda Item: 3 - Case TA2008005
Page 1 of 2

Planner: Mark Wheaton, AICP, Senior Planner
Reviewed by: Darren V. Gerard, AICP, Deputy Director
Attachment/s: September 18, 2008 DRAFT P&Z minutes (extract, 4 pages)
September 18, 2008 P&Z packet (6 pages) — note P&Z report contained a typo
regarding the # of attachments
October 15, 2008 BOS
P&Z Agenda Item: 3 - Case TA2008005
Page 2 of 2

Text Amendment: TA2008005 All Districts
Applicant: Commission initiative
Location: All portions of unincorporated Maricopa County
Request: Text Amendment to the Maricopa County Zoning
Ordinance regarding Accessory Dwelling Units
Mr. Mark Wheaton, Senior Planner presented this case to the Commission
as noted above. This is a Text Amendment to add a definition to the
existing Accessory Dwelling Unit regulations for guest house and to revise
the regulatory processes to allow ADUs in Rural and Residential districts.
The last case that was presented in consideration of this was on December
7, 2006, when the Commission approved the ADU regulations and
forwarded them to the Board of Supervisors. It has been determined that
taking an ADU through the Special Use Permit process is very difficult.
Therefore, staff has worked with the Plan Review Division to revise the
existing regulations to make them more administrative and remove the
Special Use Permit process from the review of ADUs and to clarify the
definition of an Accessory Dwelling Unit.
Mr. Wheaton highlighted the changes to the regulation. The definition of
Accessory dwelling unit will be changed to a habitable space as noted
below.
DWELLING UNIT, ACCESSORY:
A sccond dwcIling unit HABITABLE SPACE either WITHin or added to
an existing singlc family PRIMARY dwelling UNIT, or WITHin a
separate acccssory structure on the same lot as the PRIMARY
dwelling UNIT for usc as a complctc, indcpcndcnt living facility, and
used to house family or guests of the occupants of the PRIMARY
dwelling UNIT without compensation.
One of the problems in reviewing an Accessory dwelling unit is determining
what is considered habitable such as a garage with a restroom and an office
as opposed to a garage with a restroom, office, bedroom, closet and so
forth. Once that change is made, it will make it easier for a plan reviewer
to distinguish between an accessory dwelling unit and an accessory
structure that is not habitable. For instance, an Accessory dwelling unit
would be a structure that is attached to the house or is an addition to the
house. A Guest House would be a detached Accessory dwelling unit.
EXTRACTS OF THE MARICOPA COUNTY PLANNING AND ZONING ME E I 1NG OF
SEPTEMBER 18, 2008
CASE NUMBER: TA2008005 Page 1 of 4

The Text Amendment would remove the owner occupancy from the list of
review criteria and eliminate the total floor area requirement. Size would
be dependent upon the lot coverage for the particular zoning district. They
could not exceed the maximum lot coverage for the primary residence and
for the Accessory dwelling unit. There would no longer be a requirement
relating to the number of bedrooms and would also remove the
requirement for a parking space.
Finally, the definition of a Guest House would be added as noted below.
GUEST HOUSE
A habitable space within a separate structure on the same lot as the
primary dwelling unit used to house family or guests without
compensation.
Mr. Wheaton stated that staff is predominately seeing these ADUs
submitted as a Guest House.
Commissioner Bowers asked for clarification about the total living area and
if it included the two dwelling units combined.
Mr. Wheaton indicated that it did include both.
Mr. Darren Gerard, Deputy Director, added that previously there was a
maximum size limit on ADUs. That has been removed. Simply, Guest
Houses and ADUs are allowed but you must meet the zoning district
standards and there is always the option to apply for a Variance.
Commissioner Bowers asked about a structure that has been constructed in
his area and whether it would be considered an ADU under the proposed
Text Amendment.
Mr. Wheaton answered that it would not.
Commissioner Bowers further clarified that it would have to have a
bedroom or something usable for habitation.
Chairman Smith commented on the removal of the owner occupancy
requirement.
Commissioner Pugmire asked about section 'g' as noted below and the
distinction between the required rear yard and the rear yard setback.
EXTRACTS OF THE MARICOPA COUNTY PLANNING AND ZONING MEE I1NG OF
SEPTEMBER 18, 2008
CASE NUMBER: TA2008005 Page 2 of 4

d. New construction of a detached ADU/GUEST HOUSE or conversion of
an existing detached structure to an ADU shall not encroach into the
approved front, side, or rear yard setback. An ADU/GUEST HOUSE shall
not be allowed in the REQUIRED rear yard.
Mr. Wheaton explained that the required rear yard in the Rural-43 zoning
district was the 40 foot rear yard and that we currently have an exception
for accessory structures located in the rear yard. We allow barns, horse
shades, and accessory structures in the required rear yard. This change
would keep the habitable second dwelling unit out of the required rear yard.
He noted that this was the original intent of the ADU regulations but that
the proper wording had not been included. This was an attempt to clarify
that issue.
Chairman Smith asked about rear yard setbacks.
Mr. Wheaton answered that it was dependent on the zoning district.
Commissioner Pugmire stated that the Text Amendment is saying that you
can't build within 40 feet of even the smallest required rear yard.
Mr. Gerard stated that it would be dependent upon the zoning district. It
can't be within the required rear yard for that zoning district. So in R1-6,
the higher density, just like the primary dwelling, it would have to be at
least 20 feet from the property line, but in Rural-43, it would have to be 40
feet.
Commissioner Bowers asked how the rear property line related to the
required rear yard.
Mr. Gerard explained that the rear property line, the rear lot line is what
establishes where you measure the rear setback from. The area within the
rear setback to the rear property line is the required rear yard. The way
the regulation was worded currently, you could not have an ADU in the
back yard of a house because we didn't include the word required. We just
said it can't be within the rear yard. We meant to say it can't be within the
required rear yard.
Commissioner Pugmire asked for additional clarification about the
distinction between the required rear yard and the rear yard setback.
EXTRACTS OF THE MARICOPA COUNTY PLANNING AND ZONING ME E I1NG OF
SEPTEMBER 18, 2008
CASE NUMBER: TA2008005 Page 3 of 4

Mr. Gerard said it is the same, but the language made it look like you
couldn't have it behind your house. The change is intended to make the
regulations more liberal.
Commissioner Pugmire asked if there is no difference between the required
rear yard and the rear yard setback, did we need both statements in the
regulation.
Mr. Wheaton addressed the issue of Variance cases where an accessory
structure had been build in the required rear yard. The change in the
language would establish the need for a Variance in this case.
Commissioner Pugmire further questioned if there was a difference between
the two. The language infers that there is a difference.
Mr. Gerard answered that the language is structured so that you may
renovate an existing structure into an ADU, but you cannot encroach further
into the setbacks that were approved for previous permits. However, an
ADU may not be located within the required rear yard. The required rear
yard is different than the actual physical setbacks of the structures. He
agreed that this was a thin distinction.
COMMISSION ACTION: Commissioner Johnson moved to
recommend approval of TA2008005. Commissioner Jones
seconded the motion, which passed with a unanimous vote of 6-0.
EXTRACTS OF THE MARICOPA COUNTY PLANNING AND ZONING MEEI1NG OF
SEPTEMBER 18, 2008
CASE NUMBER: TA2008005 Page 4 of 4

Report to the Planning and Zoning ConiniLii.
Prepared by the Maricopa County Planning and Development Department
• Case: TA2008005
Subject: Accessory Dwelling Unit Revisions
Meeting Date: September 18, 2008
• Agenda Item: 10
Supervisor District: All
Applicant: Commission Initiative
.
Proposal: iet Text Amendment to add a definition for a Guest
House and amend the Maricopa County Zoning
Ordinance ,(mczo) to include , a revised regulatory
- process to -allow for accessory dwelling units in rural
and residential, zoning districts.
Background: May 29, 196,9The current form of the Maricopa
- County Zoning Ordinance (MCZO) was adopted.
-
June 19, 2003:- Staff presented information to the
ZIPPOR Committee regarding accessory dwellings
Units as a use-by-right or as a Special Use as a
possible text amendment
February 161 2006: Staff presented information and
draft language to the ZIPPOR Committee regarding
an accessory dwelling unit/guest house as a use-by-
right or as a Special Use as a possible text
amendment.
April 20, 2006: Staff presented revised draft
language to the ZIPPOR Committee regarding an
accessory dwelling unit. No action Was taken due to a
lack of quorum. - •
• • •
Agenda Item: 10 — TA2008005
Page 1 of 3

June 8, 2006: The Planning and Zoning Commission
continued this request to the June 22, 2006 ZIPPQR
meeting to allow for further review and action.
June 22, 2006: The ZIPPOR Committee
recommended that TA2003002 be reviewed by the
Planning and Zoning Commission for possible
adoption.
December 7, 2006: The Planning and Zoning
Commission recommended that TA2003002 be
forwarded to the Board of Supervisors for adoption.
• December 201 2006: The Board of Supervisors
approved TA2003002.
Discussion:
1. TA2008005 is a proposed Text Amendment (TA) to the Maricdpa County Zoning „
Ordinance (MCZO) to revise the requirements for accessory dwelling units (ADU)
and to add a definition for a Guest House In Rural and Residential zoning 1
district. Staff is requesting the Commission • to take action to recommend
-J 7 approval of this TA
Previously the Board of Supervisors adopted regulations for an ADU that allows
Maricopa County to permit a type of housing was not legally allowed in the
unincorporated areas, except in master-planned communities subject to RUPD
r Overlay zoning. The existing regulations have been reviewed by staff and further
simplified to allow administrative approval of an ADU if the applicant complies
with the general provisions as outlined. As adopted, if an applicant is unable to
comply with the general provisions an applicant needs to apply for a Special Use
Permit. Staff is recommending that along with minor edits, that the requirement
to limit the size of an ADU/Guest House by floor, area and the Special Use
process be removed from the process.
3. The attached draft regulations include language for attached and detached
accessory dwelling units with fully functional living areas and for detached guest
houses that fulfill a need for shorter term house guests and still maintain privacy
for those guests.
• Chapter 2 — Definitions: Revise the definition Accessory Dwelling Unit and
add a definition for Guest House
• Chapter 5 — Rural Zoning Districts — Revise Article 501.2.20 — Accessory
Dwelling Unit .
Agenda Item: 10 — TA2008005
Page 2 of 3

• Chapter 6 — R1-35 — Revise Article 601.2.13 — Accessory Dwelling Unit
Chapter 10 — Overlay Zoning District — Revise Article 1002.9
• Chapter 11 — General Regulations: Revise Article 1106.1
Chapter 13 — Section 1301 - Special Uses — remove Article 1301.1.43
The attached text is the current proposal before the Commission. Staff has
incorporated it into the body of the staff report to convert it to legislative format.
Text proposed to be deleted from the Ordinance is indicated via striketlir-etigli
while proposed additions are indicated in ALL CAPS:
Recommendation:
5. Staff recommends the Commission motion to initiate and approve
TA2008005 for the following reasons:
Staff has received no objections to the adoption of this document. 3.
• This document will update existing policies and standards to bring-them
more in line with nationwidesstandardS.
f
,
Proposed language for additions to Chapter 2, — Definitions, the -
addition of Articles 501.2.20 and 601.2.13, amending Article 1002.9,
amending Section 1106, Article 1106'.1, and td-rdmove arf article from
Section 1301 (4 pages)
Agenda Item: 10 — TA2008005
Page 3 of 3

D A ry Dwelling Unit T Amendment
CHAPTER 2 DEFINMONS
DWELLING UNIT, ACCESSORY:
A seeetiel-elwellifig-unit HABITABLE SPACE either WITHin or added to an existing single-
family PRIMARY dwelling UNIT, or WITHin a separate eeeessefy structure on the same
lot as the PRIMARY dwelling UNIT
used to house family or guests of the occupants of the PRI Y !ling UNIT without
compensation.
GUEST HOUSE
A HABITABLE SPACE WITHIN A SEPARATE STRUCTURE ON THE SAME LOT AS TFIE
PRIMARY DWELLING UNIT USED TO HOUSE FAMILY OR GUESTS VVIT1-10UT
COMPENSATION
•CHAPTER 5 PUPAL. ZONING DISTRICTS
• SECTION 501. RURAL-190
ARTICLE 501.2 USE REGULATIONS: A building or premises shall be used only for
the following purposes:
20. Accessory Dwelling Unit (ADU)/GUEST HOUSE.
a. Only one ADU/GUEST HOUSE shall be permitted where
at least one, but no more than one, single family
residence exists on the property.
et b. An ADU/GUEST HOUSE may not be rented or leased
separate from the primary structure.
fr c. The addition of an ADU/GUEST HOUSE shall not cause
the property to exceed the allowed maximum lot
coverage.

g; d. New construction of a detached ADU/GUEST HOUSE
or conversion of an existing detached structure to an
ADU shall not encroach into the approved front, side, or
rear yard setback. An ADU/GUEST HOUSE shall not be
allowed in the REQUIRED rear yard.
117 e. An ADU/GUEST HOUSE shall not have a separate
address or mailbox from the principal dwelling.
SECTION 601. R1-35 (Single-Family Residential Zoning District - 35,000 Square
Feet per Dwelling Unit)
ARTICLE 601.2 ULE LEGULATIONS: A building or premises shall be used only for
the following purposes:
13. Accessory Dwelling Unit (ADU)/GUEST HOUSE.
a. Only one ADU/GUEST HOUSE shall be permitted where
at least one, but no more than one, single family
residence exists on the property.
within--art-ABW-;
b. An ADU/GUEST HOUSE may not be rented or leased
separate from the primary structure.
c. The addition of an ADU/GUEST HOUSE shall not cause
the property to exceed the allowed maximum lot
coverage.

d. New construction of a detached ADU/GUEST HOUSE
or conversion of an existing detached structure to an
ADU shall not encroach into the approved front, side, or
rear yard setback. An ADU/GUEST HOUSE shall not be
allowed in the REQUIRED rear yard.
e. An ADU/GUEST HOUSE shall not have a separate
address or mailbox from the principal dwelling.
If these standards cannot bc rnct, a Spccial Usc Permit may be
applicd for
CHAPTER 10 OVE Y ZONING DISTRICTS
ARTICLE 1002.9 AN ACCESSORY DWELLING UNIT/GUEST HOUSE, with or without
additional kitchen facilities, may be permitted as an accessory use, if specifically set
forth in the plan. AN ACCESSORY DWELLING UNIT/GUEST HOUSE shall be developed in
accordance with Article 501.2.20 if in a rural zoning district or in accordance with Article
601.2.13 if in a residential zoning district unless different standards are specifically set
forth in the plan.
CHAPTER 11 GENERAL REGULATIONS
ARTICLE 1106.1. CONSTRUCTION AND USE: Accessory buildings or uses shall not
be constructed or established on a lot until construction of the principal dwelling has
been actually commenced or the principal use established. Accessory buildings shall not
be used for dwelling purposes, except if specifically approved in a Residential Unit Plan
of Development, pursuant to the provisions of Chapter 10, Section 1002., Article
1002.9., if approved as an accessory dwelling unit/GUEST HOUSE, pursuant to the
provisions of Chapter 5, Section 501.2.20, or Chapter 6, Section 601.2.13 if approved
for occupancy by caretakers employed on the premises or if occupied pursuant to a
Temporary Use Permit
CHAPTER 13 USE REGULATIONS
Articles 501.2.20 OR 601.2.13.