§ 35-371 — Accessory Dwellings

Sec. 35-371. - Accessory Dwellings.

[image omitted; see the official code] Accessory and Principal Dwellings STATEMENT OF PURPOSE Affordable housing and neighborhood stability are important public objectives in the City of San Antonio. In recent years, accessory dwellings have become an important method to permit families to remain in their homes by securing rental income, while at the same time providing affordable housing for the elderly, single-person households, students, and other needy populations. Accessory dwellings are also known as "carriage houses," "granny flats," or "echo homes" (an acronym for "elder cottage housing opportunities"). The provisions of this section implement Policy 4i (Neighborhoods) of the master plan, which requires the city to permit carefully controlled accessory housing in single-family residential zoning districts. (a) Generally. (1) The property owner, which shall include title holders and contract purchasers, must occupy either the principal unit or the accessory dwelling as their permanent residence, and shall at no time receive rent for the owner-occupied unit. "Owner occupancy" means a property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means. The property owner shall sign an affidavit before a notary public affirming that the owner occupies either the main building or the accessory dwelling. The applicant shall provide a covenant suitable for recording with the county recorder, providing notice to future owners or long term leases of the subject lot that the occupancy of the accessory dwelling unit is predicated upon the occupancy of either the accessory dwelling or the principal dwelling by the owner of the property. (2) No accessory dwelling shall be constructed, used or occupied unless and until an accessory dwelling permit is issued. (3) The accessory dwelling shall not exceed eight hundred (800) square feet or fifty (50) percent of the gross floor area (excluding covered porches) of the primary structure up to a maximum of sixteen hundred (1,600) square feet, in any single-family residential zoning district other than the "FR" zoning district, or one thousand two hundred (1,200) square feet in the "RE" zoning district (excluding covered porches). This restriction applies only to that portion of a structure that constitutes living area for an accessory dwelling. (4) Accessory dwelling units used as short-term rentals must comply with Section 35-374.01. (b) Accessory Detached Dwelling Units. Where permitted pursuant to section 35-311 of this chapter, an accessory detached dwelling unit (ADDU) shall not be established except in accordance with the following criteria: (1) Only one (1) accessory unit shall be permitted per lot and it shall be located in the rear yard. (2) An ADDU that exceeds eight hundred (800) square feet gross floor area shall provide one (1) parking space. (3) An ADDU shall require a minimum setback from the rear and side property lines of five (5) feet. If the structure has no overhang the accessory unit may be three (3) feet from the rear and side property lines. (4) An ADDU may not exceed twenty-five (25) feet or two (2) stories in height. (c) Attached Accessory Dwelling Units. (1) Attached accessory dwelling units shall be in compliance with the required setbacks of the primary structure required by the underlying zoning district.

(Ord. No. 96564 § 3) (Ord. No. 97568 § 2) (Ord. No. 100126; Ord. No. 2022-11-03-0831, § 2, 11-3-22, eff. 1-1-23)