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OVERVIEW OF ADUs in Incline Village

December 9, 2024 | Jonathon Gardner

What is an ADU?

ADUs are secondary housing units on single-family residential lots, which can be either attached or detached from the main house. They offer a flexible and relatively low-cost housing option that can help address housing shortages by providing additional rental units or living space for family members.

What does Washoe County say?

From the Washoe County Development Code December 2023:

1. Detached Accessory Dwelling Unit:

   – A detached accessory dwelling unit is a separate dwelling on the same lot as the main dwelling unit.

   – It includes independent living facilities such as a kitchen and bathroom.

   – Maximum size: 1,500 sq. ft. or 50% of the main dwelling unit’s size (whichever is smaller), except in the Medium Density Suburban (MDS) zone where the limit is 1,200 sq. ft.

   – Typical uses: guest houses, second units, “granny flats,” and caretaker’s quarters.

   – Source: Page 304-3.

2. Minor Accessory Dwelling Unit:

   – Defined as a detached accessory dwelling unit under 500 sq. ft.

   – Must include kitchen and bathroom facilities.

   – Maximum size: 500 sq. ft. or 50% of the main dwelling unit’s size (whichever is smaller).

   – Typical uses: guest houses, second units, “granny flats,” and caretaker’s quarters.

   – Source: Page 304-3.

3. General Requirements:

   – One accessory dwelling unit per parcel.

   – Minimum lot area: 12,000 sq. ft.

   – Compliance with setback and height standards of the regulatory zone.

   – Installation of a water meter if using a domestic well.

   – On parcels 0.5 acres or smaller, ADUs require administrative review.

   – Detached accessory dwelling units may be converted to main dwelling units through parcel subdivision.

   – Source: Page 306-8 and Page 306-9.

4. Parking Requirements:

   – One additional off-street parking space is required for an accessory dwelling unit.

   – Additional parking may be required based on Article 410, Parking and Loading.

   – Source: Page 306-8.

5. Attached Accessory Dwellings:

   – Permitted in General Rural (GR), General Rural Agricultural (GRA), and Residential Regulatory Zones.

   – Must abut the habitable space of the main dwelling unit.

   – Maximum size: 1,500 sq. ft. or 50% of the main dwelling unit’s size (whichever is smaller), with exceptions for certain zones.

   – One additional off-street parking space is required.

   – Source: Page 306-7.

6. Additional Regulations for Minor Accessory Dwelling Units:

   – Located as close as 5 feet from the side and rear property lines if 12 feet in height or less.

   – For parcels larger than 0.5 acres, no off-street parking space is required.

   – Source: Page 306-9.

Future Plans in Washoe:

Washoe ADU Overview and Amendment Plan (amendments not applicable to Tahoe Planning Area)

What does TRPA say?

TRPA Code of Ordinances Amended December 13, 2023

21.3.2. Accessory Dwelling Units (formerly Secondary Residences)

Accessory dwelling units (ADUs) shall be considered an accessory use to the primary use it serves and may be permitted where the primary use is a permissible use. An accessory dwelling unit shall be considered a residential unit subject to the residential allocation limitations and transfer provisions. An accessory dwelling unit shall be eligible for a residential bonus unit provided it meets the requirements of Section 52.3.4. Accessory dwelling units shall not be considered in the calculation of density.

A. Up to two accessory dwelling units per parcel shall be considered accessory uses where the primary use is a single-family or multi-family use and is a permissible use. These units may include a guest house or an affordable, moderate, achievable, or market-rate rental unit. They may be attached, within, or detached from the main dwelling.

B. One accessory dwelling unit shall be considered an accessory use where the primary use is a commercial use, public service, or recreational use. These units may include an affordable or market-rate rental unit; a caretaker residence; and a manager’s quarters for a tourist accommodation use or multi residential use

other than multi-family.

TRPA Website on ADU Process:

Commonly referred to as secondary dwelling, mother-in-law, or granny units, ADUs are smaller units that share the same lot of a larger, primary residence. Examples include a detached guest house or a garage with a rented apartment above. ADUs have many benefits: they are an affordable type of home to construct because they are built on land that is already owned, they provide an income source to homeowners, they are typically less costly to construct than new multifamily developments, and provide a flexible living option for individuals, family members, couples, or seniors. Because of these benefits, ADUs have been identified in jurisdictions around the country as one solution to increasing the supply of workforce and affordable housing.

Based on outcomes from the Tahoe Living Housing and Revitalization Working Group, a committee of the Advisory Planning Commission, as of September 29, 2021, the TRPA Code allows ADUs on all California residential parcels, subject to local jurisdiction rules and regulations. In Nevada, ADUs are only allowed on parcels larger than one acre. Major elements of TRPA’s ADU regulations include:

  • Up to two ADUs per parcel are allowed on all California residential parcels, to accommodate one detached ADU and one attached ADU.
  • ADUs must comply with existing coverage regulations.
  • ADUs must comply with existing development rights requirements.
  • On parcels with a land capability rating of 1-3, only deed-restricted ADUs are allowed.

To stay up to date on future discussions related to housing, subscribe to our housing e-news. Just send an e-mail to enews@trpa.gov with “Housing” in the subject line.

Washoe Tahoe Housing Partnership Roadmap | May 10, 2023

Summary of the ADU information from the WTHP Roadmap:

  1. ADU Definition and Benefits (Page 43): The document defines Accessory Dwelling Units (ADUs) as “units that can be developed on existing residential lots, either within an existing dwelling or adjacent to it.” It also mentions Junior Accessory Dwelling Units (JADUs) as units no more than 500 square feet in size contained within an existing single-family structure.
  2. ADUs as a Strategy for Increasing Housing Inventory (Page 43): The Roadmap recognizes ADUs as a path to increasing the inventory of homes available to rent for the local workforce.
  3. TRPA ADU Program (Page 43): The document mentions that TRPA has embraced ADUs and offers incentives in the form of bonus units for homeowners who build ADUs and rent them to qualified tenants.
  4. Recommendations for the 2023 Washoe Tahoe Area Plan Amendment (Pages 43-44): The Roadmap suggests several updates related to ADUs: a. Add ADU and Junior ADU Code language specific to the Tahoe-only area of the County. b. Expand standards and update the definition, changing “detached accessory dwelling” to “accessory dwelling unit.” c. Amend zoning policy to remove the one-acre parcel limit. d. Consider removing affordability restrictions to incentivize construction but restrict short-term use. e. Add clear language about Junior ADUs. f. Consider removing the special use permit requirement and adopt TRPA “bonus unit” incentive.
  5. Impact on Incline Village: While the document doesn’t specifically mention Incline Village in relation to ADUs, these recommendations would likely affect Incline Village as part of the Washoe Tahoe area. The removal of the one-acre parcel limit could be particularly impactful, potentially allowing more properties in Incline Village to develop ADUs.
  6. Current Limitations (Implied): The recommendations suggest that current regulations in the Washoe Tahoe area, including Incline Village, may be more restrictive than desired for promoting ADU development. The proposed changes aim to make it easier and more attractive for homeowners to build ADUs.
  7. Alignment with Regional Goals: The promotion of ADUs aligns with the overall goal of the Roadmap to increase housing opportunities for the local workforce in the Washoe Tahoe area, including Incline Village.

Washoe Tahoe Local Employee Housing Needs and Opportunities | September 2021

Accessory Dwelling Units (ADUs)

Definition and Benefits:

  • ADUs are secondary housing units on single-family residential lots, which can be either attached or detached from the main house. They offer a flexible and relatively low-cost housing option that can help address housing shortages by providing additional rental units or living space for family members.

Key Points:

  1. Housing Options Expansion: ADUs provide an opportunity to increase the housing supply without significant changes to neighborhood character.
  2. Cost-Effective: They are typically less expensive to build than new single-family homes and can provide a source of rental income for homeowners.
  3. Zoning and Regulations: Local regulations play a critical role in the development and use of ADUs. Flexibility in zoning laws, including reduced parking requirements and streamlined permitting processes, can encourage the construction of more ADUs.
  4. Potential Challenges: Issues such as neighborhood opposition, infrastructure capacity, and the cost of construction can pose challenges to the widespread adoption of ADUs.
  5. Recommendations: To facilitate the development of ADUs, it is recommended to provide incentives such as reduced fees, pre-approved design plans, and technical assistance for homeowners interested in building ADUs.

The information about Accessory Dwelling Units (ADUs) can be found on the following pages of the document:

  1. Pages 50-51: These pages discuss ADUs, describing them as smaller, independent residential units located on the same lot as a primary dwelling. They are seen as a way to provide additional housing options without requiring significant new infrastructure.
  2. Page 55: This page highlights the potential of ADUs to help address the housing shortage by increasing the availability of smaller, more affordable housing units within established neighborhoods.
  3. Page 63: This page mentions policy recommendations and considerations for implementing ADUs, including easing zoning restrictions and providing incentives for homeowners to build ADUs.

These sections provide a comprehensive view of the role ADUs could play in addressing housing needs in the Washoe-Tahoe area.

Examples and Case Studies:

  • ADUs have been successfully implemented in various regions as a means to increase affordable housing options. They are particularly beneficial in high-demand areas where land is scarce and expensive.

The document “Washoe Tahoe Local Employee Housing Needs and Opportunities” provides detailed examples and case studies on Accessory Dwelling Units (ADUs) and related housing initiatives in various high-cost mountain communities. Here are some key examples and case studies:

  1. Santa Barbara Coastal Housing Partnership, CA: This program offers employer memberships that grant access to various Employer-Assisted Housing (EAH) opportunities. They provide short, helpful videos on their website to guide employees through available options.
  2. Jackson, WY: The local school district provided land for the Community Housing Trust to develop and manage ownership projects for school employees. This collaboration ensures housing availability for essential workers in the education sector.
  3. Big Sky, MT: Habitat for Humanity is constructing homes for school district employees on land provided by the school district. This initiative helps secure housing for teachers and other school staff, making it easier to recruit and retain employees.
  4. Sierra Business Council, Truckee, CA: They offer various assistance programs, including first/last month’s rent assistance and the Martis Fund down payment assistance program management. These programs help local employees secure stable housing.
  5. Vail Resorts, multiple locations: Vail Resorts has implemented a master lease program and housing development initiatives to provide accommodation for their employees. These efforts ensure that their workforce has access to affordable housing close to their workplace.

Additionally, the document highlights the importance of public-private partnerships in developing local resident and employee housing. It suggests evaluating publicly owned land for potential housing development and collaborating with employers to provide housing solutions for their employees.

For specific details and references, you can find the relevant information on the following pages of the document:

  • Page 3: Santa Barbara Coastal Housing Partnership, Jackson, WY, Big Sky, MT, Sierra Business Council, and Vail Resorts examples .
  • Page 65-66: Opportunities and challenges in providing local employee housing and potential land and redevelopment opportunities .

Summary of the Key Points:

  1. From the Washoe County Development Code (December 2023):
  • Defines different types of ADUs: Detached (up to 1,500 sq. ft.), Minor (under 500 sq. ft.), and Attached.
  • One ADU allowed per parcel, with a minimum lot area of 12,000 sq. ft.
  • Parking requirements: One additional off-street parking space for most ADUs.
  • Specific regulations for size, location, and zoning compliance.
  1. From the TRPA Code of Ordinances (December 2023):
  • Allows up to two ADUs per parcel where the primary use is single-family or multi-family.
  • One ADU allowed for commercial, public service, or recreational primary uses.
  • ADUs are subject to residential allocation limitations but not included in density calculations.
  1. From the TRPA website:
  • ADUs are allowed on all California residential parcels, subject to local rules.
  • In Nevada, ADUs are only allowed on parcels larger than one acre.
  • ADUs must comply with existing coverage and development rights requirements.
  1. From the Washoe Tahoe Housing Partnership (WTHP) Roadmap:
  • Recommends updating the Washoe Tahoe Area Plan to expand ADU opportunities.
  • Suggests removing the one-acre parcel limit and affordability restrictions.
  • Proposes adopting TRPA “bonus unit” incentives and removing special use permit requirements.
  1. From the Washoe Tahoe Local Employee Housing Needs and Opportunities report:
  • Highlights ADUs as a flexible, cost-effective way to increase housing supply.
  • Recommends providing incentives like reduced fees and pre-approved design plans.
  • Presents case studies from other high-cost mountain communities implementing housing solutions, including ADU programs and employer-assisted housing initiatives.

ADUs in Washoe Tahoe

  1. From the TRPA website: The most direct information about ADUs in Nevada comes from this source, which states: “In Nevada, ADUs are only allowed on parcels larger than one acre.”

This is a significant restriction compared to the California side of Lake Tahoe, where ADUs are allowed on all residential parcels.

  1. From the TRPA Code of Ordinances: While not specific to Nevada, the TRPA regulations apply to the entire Tahoe Basin, including the Nevada side. According to these regulations:
  • Up to two ADUs per parcel are allowed where the primary use is a single-family or multi-family use.
  • One ADU is allowed where the primary use is commercial, public service, or recreational.
  • ADUs are subject to residential allocation limitations and transfer provisions.
  • ADUs are eligible for residential bonus units if they meet certain requirements.
  1. From the Washoe County Development Code: While this code applies to Washoe County, which includes the Nevada side of Lake Tahoe (including Incline Village), it doesn’t specifically differentiate between Nevada and California. It provides general regulations for ADUs in the county, including:
  • Maximum sizes for different types of ADUs
  • Parking requirements
  • General requirements like minimum lot size (12,000 sq. ft.)
  1. From the Washoe Tahoe Housing Partnership Roadmap: This document recommends changes to ADU regulations in the Washoe Tahoe area, which would affect the Nevada side. Key recommendations include:
  • Removing the one-acre parcel limit
  • Expanding standards and updating definitions
  • Considering the removal of affordability restrictions to incentivize construction

It’s important to note that these are recommendations and not current regulations.

In summary, ADUs in Washoe Tahoe, are currently more restricted than on the California side, with the notable limitation of only being allowed on parcels larger than one acre. However, there are efforts and recommendations to expand ADU opportunities in the Nevada portion of the Tahoe area. The actual implementation of any changes would require updates to local and regional regulations.

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