Definition of Dwelling Unit

Dano,

I agree that tying it to the kitchen is the best way to go, so long as you have a good definition for it. In my jurisdiction (Chico), it's any facility for heating food (even a microwave or hotplate) that constitutes a kitchen.

Since you're in California, don't forget second dwelling units (also called accessory dwelling units) as defined by AB 1866. They're a separate legal animal with potentially different restrictions and development standards from a duplex or a dwelling group, and must generally be subject to a ministerial approval.

Here's the state's guide for the implementation of AB 1866: http://www.hcd.ca.gov/hpd/hpd_memo_ab1866.pdf

Greg Redeker

In the definitions section of our zoning ordinance, we define dwelling and dwelling unit as follows:

-Dwelling: A building or portion thereof used exclusively for residential occupancy, including single-family, two-family and multifamily dwellings, but not including hotels, lodging houses, sheltered care group homes or tourist homes.

-Dwelling, one-family: A detached building used exclusively for occupancy by one (1) family.

-Dwelling, two-family: A detached building or pair of attached buildings used exclusively for occupancy by two (2) families living independently of each other.

-Dwelling, multifamily: A building or portion thereof containing three (3) or more dwelling units.

-Dwelling unit: One (1) or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit.

I've found that this is clear enough to erase any confusion with applicants and to close any loopholes pertianing to nonconforming units. Hopefully this give you an idea to work from to craft something that works for your community.