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3.A - Page 12 of 23 <br />21 Elements <br />ADU Questions -DRAFT <br />January 21, 2020 <br />This document includes questions asked by jurisdictions. It will be updated as new questions come <br />in. Please note: These are best attempt to answer questions. The language of the law is unclear and at <br />times contradictory. Please confirm your understanding with your city attorney. <br />Questions <br />1. Setbacks <br />a. Do 4 feet side and rear setbacks apply to attached and detached? <br />b. Does side refer to only interior side or are exterior sides next to the street subject to <br />this setback as well? <br />c. What happens when an existing nonconforming building is in the setback and the <br />property owner wants to build an ADU by expanding the footprint of the building? <br />d. If city allows 2 stories, can upper floors have greater setbacks? <br />2. Duplexes <br />a. Are duplexes considered multi -family for the purposes of assessing total allowable <br />ADU's on a single lot? <br />3. Garages <br />a. Please confirm that state law no longer requires jurisdictions to allow ADUs over <br />detached garages. <br />4. Sheds <br />a. Does State ADU law, allowing conversions of accessory structures into ADUs, <br />include sheds? <br />5. 150 foot additions <br />a. What's up with that 150 addition language? <br />6. Future Legislation <br />a. Is clean up anticipated? What do you think it will include? <br />7. Other Rules <br />a. Can a local jurisdiction apply localized development standards to ADUs just as they <br />would apply to other structures such as steep slopes or environmentally sensitive <br />areas? <br />b. Can a local jurisdiction prohibit an ADU from being accessed from a secondary <br />driveway, requiring an ADU to be accessed from the primary driveway? <br />8. Lot Size and FAR <br />a. Can a local jurisdiction require a minimum lot size for detached ADUs, while still <br />allowing attached ADUs on any lot size?; <br />b. If a site is already maxed out on floor area, does the jurisdiction still have to allow an <br />ADU? <br />c. If a jurisdiction allows 2 ADUs on many properties, would they get the "free" square <br />feet for a 2nd ADU since the jurisdiction allows 2 ADUs someone already has one <br />ADU and are maxed out on floor area? <br />9. Height and Size <br />a. Can a height limitation of less than 16 ft be imposed on ADUs? <br />1 <br />13 <br />