Page 41 - Green Builder Magazine May-June 2019 Issue

CREDIT: BUILDINGANEXTERIOR.COM

Two perfect. Builders can be just as inspired designing an Accessory Dwelling Unit as with any full-sized home.
all. On the surface, regulations on ADUs appear to be more relaxed property without having to sell it,” he says. For example, this bylaw
than those for tiny homes. Most cities do not outright ban ADUs, but eliminates an option such as renting out the main home should the
very few cities actually embrace them—in most cases, regulations are owner need to suddenly relocate and not want to quickly sell the
so restrictive that most jurisdictions grant no more than 10 permits property for less than market value. It also opens a can of worms if
are issued each year, Peterson notes. a family member were to inherit the property and not want to sell.
The low rate is “largely attributable to restrictive ordinances and Most U.S. cities have owner-occupancy bylaws for properties
bylaws, and long, involved, complex permitting processes,” Peterson with ADUs. Some tighten the restriction further by requiring
states in Backdoor Revolution. “No wonder so few homeowners residents of the ADU to be relatives of the property owners.
would dare to run the ADU development gauntlet—such formidable Other cities require those relatives to be ill, disabled or elderly
roadblocks stand in their way.” and require extended care or supervision by the owner. And, there
Three of these roadblocks are what Peterson calls “poison pill can be a time limit as to how long a relative may stay in the
regulations,” items that effectively kill an ADU effort: owner- ADU, usually no more than a few years. Still other cities restrict
occupancy requirements, off-street parking requirements, and occupancy to speci c age or income groups, and some prohibit
conditional or discretionary reviews. the unit from being rented out.
The sad thing is that there’s no real justification for owner-
LIVE HERE OR LOSE IT occupancy requirements. Peterson believes it was once a logical
Under owner-occupancy, an owner must live on the property is there ordinance somewhere, one that, for simplicity sake, other jurisdictions
is to be an ADU upon it. This precondition, “the default rule of the simply copied—along with numerous other building codes—when
land for ADUs today,” e ectively bars any such construction, Peterson developing their own ordinances. Now, these “accidental mindless
notes. It shoots down one of the principal reasons for building an regulations” are seen as normal and well-reasoned, simply because
ADU: as an investment. “An owner can no longer move away from the they’re on the books everywhere.

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