SUBJECT/RECOMMENDATION:
Title
Provide staff direction related to regulations permitting Accessory Dwelling Units within certain zoning districts. Discussion Item. (WSO)
Body
SUMMARY:
The Planning and Development Department is preparing amendments to the city’s Community Development Code (CDC), including the establishment of standards for Accessory Dwelling Units or ADUs. Staff is seeking direction from City Council on several possible regulations prior to developing an ordinance that will be presented at a future meeting.
Accessory Dwelling Units have become increasingly popular as a tool for local governments seeking to increase housing supply. Generally, an ADU is defined as an ancillary or secondary living unit that has a separate kitchen, bathroom, and sleeping area, which exists either within the same structure or on the same lot as the primary dwelling unit. ADUs can provide opportunities for affordable housing, aging in place, multigenerational households, and can provide an additional source of income to the property owner. The city’s Comprehensive Plan was amended in 2022 to exempt ADUs from density requirements and to set forth that the CDC should include provisions for ADUs and other housing types. This work implements that policy (now Quality Places Policies 6.1.7 and 6.1.10 in Clearwater 2045).
Staff has conducted research into 12 communities located in Florida and across the country; staff has provided the results (Attachment A, Example Ordinance Elements). Based on this research staff identified some common development standards and regulations related to ADUs that are discussed below. Staff has also included recommendations for the city’s ADU regulations for discussion.
How Many ADUs Should be Permitted Per Parcel?
Municipalities primarily allow one ADU per parcel, lot, or single-family dwelling. There are examples where municipalities will allow more than one ADU with conditions such as one of the units must be rented at an affordable rate. ADUs are typically exempted from density calculations.
Recommendation: Permit one ADU per parcel and continue to exempt it from density calculations consistent with the Quality Places Chapter of the Comprehensive Plan
In Which Zoning Districts Should ADUs Be Permitted?
Based on the research, a majority of the municipalities allow ADUs in either all of their residential zoning districts or in residential zoning districts that primarily permit detached dwellings. In addition, some municipalities permit ADUs in nonresidential zoning districts.
Recommendation: Permit ADUs in the in the Low Density Residential (LDR), Low Medium Density Residential (LMDR), and Medium Density Residential (MDR) Zoning Districts where primarily detached dwellings and small scale attached dwellings are permitted. Higher density residential districts tend to be developed with large scale apartment and condominium developments where the opportunities for construction of additional units is limited or not needed. The CDC currently permits accessory dwellings in certain nonresidential zoning districts for those uses that may require staff to be present during overnight hours and this should continue to be permitted.
How Should Lot Size Be Regulated?
Lot size requirements for ADUs can vary depending on community characteristics. Based on the research of the 12 municipalities, seven regulate that the minimum lot size for an ADU is consistent with that required for detached dwellings in the applicable zoning district, 3 set a minimum lot size for parcels to be eligible for an ADU, while 2 do not regulate lot size.
Recommendation: Staff recommends that the minimum lot size for ADUs be subject to the requirements of the zoning district where the parcel is located. The three zoning districts identified by staff to permit ADUs all currently have lot size requirements that range from 3,000 to 20,000 square feet depending on the level of flexibility requested. Staff does not propose any changes to what currently exists; however, it should be noted that required minimum lot size will provide limitations on the type and size ADU that can be built on the property.
What Setback Requirements Should Apply to ADUs?
Setbacks for ADUs can vary based on whether the unit is attached to the primary dwelling unit or is detached. Based on staff’s research, it is common for attached ADUs to be subject to the setback requirements of the applicable zoning district for a primary dwelling unit and for detached ADUs to be subject to the setback requirements of the applicable zoning district for accessory structures.
Recommendation: Staff recommends that ADUs meet the setback requirements of the applicable zoning district where the parcel is located, with attached ADUs being subject to those of the primary dwelling unit and detached ADUs being subject to those of an accessory structure. A minimum separation distance between a primary dwelling unit and a detached ADU should also be considered to meet the minimum fire separation distance as outlined in the Florida Building Code.
Should There Be an Occupancy Requirement?
Based on the research staff found that some communities require the property owner to live on-site, and others do not. Of the 12 ordinances reviewed, six had an occupancy provision requiring the property owner to live in either the primary dwelling or the ADU. Some municipalities have opted to not include or repeal owner occupancy requirements for ADUs, as they do not have similar mandates for property owners renting out single family homes. Reports released by the American Association of Retired Persons (AARP) and Florida Housing Coalition (FHC) suggest that owner occupancy requirements can be onerous for property owners and be a barrier for the construction of ADUs. The FHC does recommend that if an owner occupancy provision is included in an ADU ordinance that it at minimum allow a property owner to live in the primary dwelling unit or ADU.
Recommendation: Staff recommends that the property owner be required to live on-site for several reasons. Because Clearwater is a tourist destination, staff is concerned about investors buying property and gentrifying neighborhoods. While short term rentals are not permitted in the residential zoning districts proposed for ADUs, there is also concern that investors could see this is as an opportunity to develop short term rentals. Requiring the property owner to live on-site will aid in creating a stable residential area, minimize negative impacts as the owner is on-site to deal with issues, and create opportunities to generate income and provide more flexibility in living arrangements.
How Large Should an ADU Be?
Unit size is a nuanced regulation that varies for each municipality. Based on research, staff has found that municipalities commonly regulate the size of an ADU by square footage, percentage of the primary dwelling, or both. Other development standards that could impact the size of an ADU include minimum lot size, setbacks, and impervious surface ratio.
Recommendation: Staff recommends setting the maximum unit size at 750 square feet or 50 percent of the gross floor area of the primary dwelling unit, whichever is less. The average size of detached dwelling units in the city is 1,700 square feet; however, a large percentage (49%) of units are less than 1,500 square feet, which would allow for a 750 square foot or less ADU.
Should There Be Required Parking for ADUs?
Municipalities often require an additional parking space if an ADU is added to a property. There are examples of not requiring an additional parking space if the ADU is under a certain size or if other requirements can be met such as proximity to a bus stop or employment center or an area with adequate space to accommodate on-street parking.
Recommendation: Staff recommends requiring one additional parking space per ADU with the possibility of allowing a waiver of this requirement if certain conditions are met such as proximity to a bus stop or employment center or in an area with adequate space to accommodate on-street parking. One outstanding issue is to determine how to handle required parking if the property currently does not provide code compliant parking (number of spaces and/or driveway).
Planning and Development staff is requesting direction on the items and recommendations outlined above.
APPROPRIATION CODE AND AMOUNT: N/A
USE OF RESERVE FUNDS: N/A
STRATEGIC PRIORITY:
Amending the Community Development Code to allow Accessory Dwelling Units (ADUs) would support Strategic Objective 3.2 of the Strategic Plan by creating responsible development standards that would preserve community livability and provide additional housing options.
