Fiscal Note
No City appropriation required.
Title
Amending sections within Chapter 28 to allow detached Accessory Dwelling Units to have two units and not be included in maximum permitted use accessory structure size.
Body
DRAFTER’S ANALYSIS: This proposal would allow detached Accessory Dwelling Unit (ADU) buildings to have two units, effectively becoming duplexes. The proposed change also adds provisions that the detached ADU units must be in a single structure, and that a single zoning lot also may not have both an attached ADU and a detached ADU. It would also remove the ADU’s footprint area from the maximum cumulative square footage allowed for permitted use accessory structures so that ADUs are treated differently than garages and sheds.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subdivision (a) entitled “Maximum Area Per Lot” of Subsection (1) of Section 28.131 entitled “Accessory Buildings and Structures on Lots Used Exclusively for Residential and Mixed-Use Purposes” of the Madison General Ordinances is amended as follows:
“(a) Maximum Area Per Lot. Total area of accessory buildings measured at ground floor may not exceed one thousand (1,000) square feet. A larger total building area may be allowed by conditional use approval. The footprint of accessory structures that contain accessory dwelling units shall not be included in the one thousand (1,000) square feet calculation.”
2. Section 28.151 entitled “Applicability” of the Madison General Ordinances is amended by amending therein the following:
“Accessory Dwelling Unit.
(a) The principal building shall not contain more than eight (8) dwelling units.
(b) No more than one (1) attached accessory dwelling unit or two (2) detached accessory dwelling units may be located on a zoning lot. The detached dwelling units must be in a single structure. A zoning lot may not have both an attached accessory dwelling unit and detached accessory dwelling unit or units.
(c) The number of occupants of the accessory dwelling unit shall not exceed one (1) family.
(d) The accessory dwelling unit shall not be sold separately from the principal building.
(e) The maximum height of a detached building containing an accessory dwelling unit, including one built above a garage or similar space, shall be twenty-five (25) feet. Height shall be measured as a principal building pursuant to Sec. 28.134(1)(b).
(f) The maximum size of an accessory dwelling unit contained within a principal building shall be one thousand (1,000) square feet.
(g) The footprint of an accessory building which includes an accessory dwelling unit shall not exceed one thousand (1,000) square feet.
(h) The minimum setback requirements shall be those for accessory building or structures of the underlying zoning district.
(i) Accessory dwelling unit entry ways within a rear or side yard shall be connected to a street frontage by a paved walkway or driveway.
(j) For accessory dwelling units constructed within the principal building, the appearance or character of the principal building shall not be significantly altered so that its appearance is no longer that of the principal uses.”