HB 2031

This bill prohibits a local government, the planning commission of a local government, or a regional planning commission from adopting a plan, ordinance, resolution or rule regarding an accessory dwelling unit ("ADU"") that does any of the following:  Requires an ADU to contain less than 850 square feet .  Is more restrictive in its application to ADUs than a single-family home located on the site of the ADU .  Prohibits an owner of a lot zoned for a single-family home or duplex from building an ADU before, after, or concurrently with the building of the primary residential dwelling unit on the lot .  Prohibits the owner from entering into a residential lease for an ADU .  Requires the owner to occupy the primary residential dwelling unit .  Requires parking for an ADU on a lot that is less than 7, 000 square feet. However, the local government or commission may require the replacement of parking for the primary residential dwelling unit if the ADU location eliminates the primary residential dwelling unit's existing parking .  Requires a minimum lot size for an ADU that is larger than the minimum lot size for a primary residential dwelling unit for the applicable jurisdiction .  Requires side or rear building, plane, or other setbacks of more than five feet, not including setbacks related to environmental features, erosion, or waterways to the extent authorized by federal or state law .  Prevents an owner of a lot zoned for a single-family home or duplex from converting an existing structure to an ADU by requiring setbacks larger than the current structure's setbacks .  Applies the local government's or commission's local growth restrictions or density or bulk limitations to an ADU .  Regulates the design of an ADU, including the shape, massing, or distribution of square footage between floors .  Requires the height of an ADU to be less than 14 feet, measured from floor to ceiling .  Requires the owner to remit an impact fee, if authorized by law in the respective jurisdiction, unless the ADU requires an increase in the size of the meter or connection to serve the primary residential dwelling unit or a new meter or connection to the ADU.  Charges the owner an additional development fee or assessment .  Imposes a restriction on ADU occupancy on the basis of age or an employment relationship with the primary residential dwelling unit owner .  Prohibits construction of an ADU in accordance with applicable residential building codes .  Prohibits an ADU based on its orientation on the lot with respect to the primary residential dwelling unit if space allows for that orientation. As used in this bill, an ""accessory dwelling unit"" means a residential housing unit that is (i) located on a lot that is zoned for a single-family home or duplex, (ii) independent of the attached or detached primary residential dwelling unit, and (iii) a complete and independent living facility for at least one individual. This bill authorizes a local government, the planning commission of a local government, or a regional planning commission to adopt less restrictive requirements for ADUs than those described above. Further, this bill authorizes a local government, the planning commission of a local government, or a regional planning commission to do all of the following:  Apply applicable height limitations, front setback limitations, open space or impervious cover limitations, floodplain requirements, waterway setbacks, environmental setbacks, drainage requirements, requirements related to erosion, site plan review, and other zoning requirements to the extent authorized by federal or state law . However, this applies only if those requirements would be applicable to a single-family home or duplex located on the same site as the ADU and are not more restrictive than the requirements applicable to a single-family home or duplex.  Publish ADU plans, building codes, and design standards that are permitted in an applicable jurisdiction, including standards relating to height, setback, landscape, and the maximum size of an ADU .  Authorize an ADU to be located on a lot that contains a structure subject to a historic preservation law with the approval of the local government and each historic preservation entity with jurisdiction over the subject property .  Apply the local government's regulations on short-term rental units to an ADU .  Prohibit the sale of an ADU separately from the primary residential dwelling unit unless the ADU is located on a separate lot from the primary residential dwelling unit .  Apply the local government's parking restrictions, as long as the restrictions do not require more than one parking space for each ADU or regulate the placement or adequacy of parking. PERMIT APPROVALS If a local government requires a permit to construct an ADU, this bill requires the local government to (i) process the application for the permit ministerially without discretionary review or a hearing, (ii) consider whether the application satisfies th e applicable zoning and building codes, design standards, and fire codes, and (iii) approve or deny the application within 60 days of submission. If the local government does not approve the application within 60 days, then the permit application is deem ed approved. RIGHT OF ACTION This bill authorizes a property owner to bring an action against a local government, the planning commission of a local government, or a regional planning commission to bring an action against such an entity for a violation of this bill for appropriate e quitable relief. The court may award a prevailing claimant reasonable attorney's fees and costs incurred in bringing such an action. CONFLICTS OF LAW This bill clarifies that it does not supersede, preempt, or apply to (i) requirements implementing water quality laws; or (ii) a historic preservation law, rule, or ordinance, deed restriction, or homeowners association rule or bylaw that limits or prohi bits the construction of an ADU. Further, to the extent the provisions in this bill conflict with another provision of state law, this bill controls."