§ 21. Regulations governing guest houses.

(1)

Guest houses as defined in Article 1, Section 1.4, may be allowed in R-1 and R-1A Zones only under the following conditions:

(1.1)

Detached guest houses shall comply with all provisions for single-family structures set forth in Article II, Sections 1 and 2, and governing lot width, lot area, lot coverage, setback, and building height, but may be exempted from frontage requirements on public roads, and hard surface parking requirements. Living area of a guest house shall be a minimum of seven hundred fifty (750) square feet. The total square footage of the guest house shall not exceed fifty (50) percent of the total square footage of the main residence. All detached guest houses shall be approved through conditional review only by the planning commission and as such will be subject to provisions defined in these ordinances for public hearings. Such units shall be designed so as to conform in structural character, materials, and appearance to the primary residential structure on the lot.

(2)

Because guest houses are determined herein to be an extension only of the primary residence, they shall not be construed as separate residences. As such, no guest house shall be used as a rental unit, boarding house, bed, and breakfast, apartment, or condominium, or used in any way whereby the owner of the primary residence derives income from such unit. Once approved as a guest house the structure shall remain with and be a part of the single-family unit in perpetuity so long as the primary residence or any part thereof remains on the property. Guest houses shall not become permanent residences, except for immediate family members, which shall be parents and/or in-laws, grandparents, brother, sister, son, daughter, or grandchildren of the primary residence owner, and shall not be sold into separate ownership to anyone including immediate family members.

(3)

Public utilities, including electricity, water and sewer, gas and garbage collection shall not be apart from or separated from the primary residence and shall, in fact, be considered one and the same.

(4)

Penalties for violation. Violation of the regulations established herein, for the use of guest houses shall constitute a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00), each day such violation remains constituting a separate offense.

(Ord. No. 85, 2-7-95)