Accessory dwelling units will be allowed within the PUD, AG, AR, AR-1, AR-2, RA, RB, and RE Zoning District subject to the following criteria:

(1) ADUs are allowed only on parcels conforming to the zoning and land use requirements of Clay County. ADUs are not permitted on lots created through the Heirs or Homestead provisions or on lots containing a Mobile Home for Medical Hardship or a Dwelling Unit with Kitchen Addition as defined in the Conditional Uses section of this Code.

(2) Not more than one ADU shall be permitted for each single family dwelling in the zoning districts where allowed. The ADU may be in the form of a separate and detached unit or as an apartment over a garage. In either case, the ADU shall be subordinate to the principal building as to location, height, square footage and building coverage.

(3) An ADU shall not be permitted before construction of the principal building has commenced or a lawful principal use is established.

(4) ADUs are permitted only if the owner occupies the primary residence and only if the primary residence is homesteaded. The ADU cannot be sold separately from the primary residence.

(5) The establishment of a new ADU shall only be allowed if the lot area of the principal building is at least 15,000 square feet. A lot containing an ADU shall not be subdivided to separate the ADU from the principal use.

(6) The design of the ADU shall be uniform in appearance to the primary residence. The floor area shall be no less than 375 square feet and no greater than 40 percent of the primary building’s gross floor area or 1000 square feet, whichever is less. Maximum lot coverage for all buildings may not exceed 35%.

(7) Where an ADU is proposed at a second story level, all exterior doorways and outdoor living areas such as porches or balconies, shall be oriented toward the interior of the property.

(8) One off-street parking space is required for each ADU, in addition to the parking required for the primary residence.

(9) The ADU shall comply with the requirements of any applicable housing or building