ADU rules in Elk Ridge

Accessory apartments may be located in a permanent accessory building associated with an owner-occupied single-family dwelling (§10-12-29(A)(2), (B)(1)); §10-12-6 permits living quarters in an accessory building only as an accessory apartment under that chapter. They are listed only as conditional uses in the residential zones (R-1-15,000, R-1-20,000, R-1-12,000, RR-1, R&L-1-20,000, HR-1, CE-2, CE-3) and are expressly not permitted in the Senior Housing Overlay Zone.

An accessory apartment within a single-family dwelling (a portion of the dwelling with separate cooking, sleeping and sanitary facilities per the §10-2-2 definition) may be approved subject to the §10-12-29 standards; every residential zone lists accessory apartments as a conditional use, not a permitted use (e.g. §10-7A-3), so approval is case by case.

§10-12-29(C)(6) sets a floor, not a ceiling: an accessory apartment shall contain not less than 300 square feet, and the primary dwelling must still meet the zone's building area requirements excluding the apartment. Units in accessory buildings are indirectly capped by §10-12-5(D) accessory building coverage limits (max 15% of combined rear and side yards or 8% of total lot area, whichever is less) and the 30 foot accessory building height limit (§10-12-5(F)).

Accessory apartments shall be permitted only where the primary dwelling is owner occupied (§10-12-29(C)(2)), and the annual permit renewal requires evidence each year that the primary dwelling is occupied by the owner (§10-12-29(D)(2)).

§10-12-29(C)(4) requires not less than two off-street spaces for the accessory apartment, whether it is inside the dwelling or in an accessory building, on top of all spaces required for the principal unit; spaces displaced by creating the apartment must be replaced, spaces may not sit in the front setback directly in front of the principal building except a driveway, and all off-street parking must be paved (concrete, asphalt, masonry or concrete pavers).

Every residential zone lists accessory apartments as a conditional use (e.g. §10-7A-3), and §10-12-33 makes the CUP discretionary (approve, deny or conditionally approve against 12 factors) with mailed notice to property owners within 300 feet before the review meeting (§10-12-37). §10-12-29(B)(1) states accessory apartments may be approved by city administration upon findings of conformance, so review can be administrative rather than a planning commission hearing in most zones; in CE-3 the zone article requires Planning Commission and City Council approval (§10-9C-6-2). An accessory apartment permit plus annual renewal is also required.

The accessory apartment permit runs to July 1 of the following year and renews only on payment of an annual fee, evidence the owner occupies the primary dwelling, and a city determination that conditions of approval remain met (§10-12-29(D)). Separately, §10-12-5(B)(3) prohibits using accessory buildings for sleeping quarters or housing used for short-term rentals, which forecloses short-term rental of a detached accessory apartment. No other rental duration or tenant limits were found in the ADU section.