BACKGROUND:

In 2007 the City first adopted zoning code language that allowed ADU’s within the city. The ADU code was amended in 2019.  Below you will find a summary of the code amendments and a link to the current ADU Code.  

PURPOSE:

The purpose of the proposed ADU Code amendment, approved by City Council in 2019, was to primarily address the code issue of the height restriction that did not allow for accessory dwelling units above garages in the rear yard. The ADU & Infill Housing Committee and City Staff also agreed that there should be a side and rear yard “Second Story Step Back” for detached ADU’s in order to provide air space and light between properties.

The ADU code amendments addressed these issues along with others items, such as Lot Coverage, size of ADU, Design Standards, allowing existing garages to be converted to an ADU, and side and rear setback requirements, while ensuring health, safety, and welfare of the public and property owners in the City of Coeur d’Alene, while protecting property rights.

CLICK HERE to see the approved 2019 ADU Code Amendments

CLICK HERE to review the ADU Permit Application and Submittal Requirements

Approved ADU Code Amendments “At A Glance”

• ADU Unit Size:

• No Minimum unit size.
• Maximum up to 800 SF (finished square footage; doesn’t include unfinished basements).
• ADU shall not exceed 75% of the total square footage of the primary dwelling unit.

• Building Height of Detached ADU:

• Maximum Height 24’ for unit above garage (the roof slope requirements would be removed for new detached ADUs, but two story ADUs must meet second story step back).
• Maximum Height 18’ for one story unit.
• Allowable projections per existing code for such things as chimneys, antennas, etc.
• Railings and parapets cannot exceed maximum height.

• Owner Occupancy Requirement: 

• Not required, unless the property has a Short Term Rental (STR).
• If property is used for Short Term Rental (STR) then one unit must be owner occupied.
• Affidavit would still be required for all ADU’s to acknowledge ADU status of property and compliance with code. City Code will be amended to address owner occupancy requirement for Short Term Rentals

• Parking Required for the ADU:

• One (1) parking space 9’ x 20’ for the ADU, plus parking requirements for the principal dwelling must be met (two paved off-street parking spaces)

• Conversion of existing garages and sheds: 

• Allow existing garages and sheds would be allowed to be converted to an ADU provided that the structure can meet the current adopted building codes and that it is not over the property line or in the City’s right-of-way.
• The structure could not be expanded outward or upward without triggering the Non-Conforming Code and requiring the structure to meet the current standards.
• Existing 25’ tall garages could be converted to an ADU without having to meet the 24’ maximum height or the second story step back requirements, but they would need to meet Building Code and ADU parking requirement, affidavit, etc.

• Setbacks of Detached ADU:
  • SIDE: Minimum five foot side yard setback required.
  • All ADU’s shall be set back from the side lot line at least five feet (5').
  • Remove the language from the code that allows ADU’s to be three feet (3’) from the property line. 
  • REAR with Alley: Minimum 3’
  • REAR No Alley : Minimum 5’  

• Step Back of second story of Detached ADU from property lines: 

• The group agreed that there should be some sideyard Step Back for the second story of detached ADU’s in order to provide air space and light between properties. NOTE: This is being required to remove the concern of the previously repealed code that allowed 25’ tall accessory structures that negatively impacted neighboring properties.
• The upper step back would begin at 10’ height on the interior side property line and at 15’ height on the rear yard property line (see exhibit).
• The step back would be 1:1 measurement, which equates to a 45 degree angle.
• There would not be a second story step back requirement on the street side of a corner lot.
• Eaves can project 2 feet into the step back air space.
• Building permit submittals would need to show all dimensions, setbacks and step backs.

• Lot Coverage/Open Space & Pervious Surface Requirement:
  • A 30% Pervious surface will be required for all lots with an ADU.
  • Pervious surfaces include such things as grass, AstroTurf, pavers, grasscrete, gravel, and decking materials (unless it has a concrete or impervious surface below it).
  • There will not be a dimensional requirement or a requirement for a certain type or quantity of landscaping/trees (other than the standard street tree requirements).
  • The permit submittal will need to show all pervious areas on the lot and calculations.      

If you have any questions, please contact Mike Behary (Associate Planner) at [email protected] or by calling (208) 769-2271.