"duplex" on R-1 zone

[Rose Han]

Newbie here! Any advice for "duplex" on R1 zone? Risks associated, any possible solutions? Or best to just avoid altogether? Tax record shows SFR. Thank you!

[Dan H.]

Originally posted by @Rose Han:

Originally posted by @Seth Borman:

A duplex in an SFR zone isn't necessarily a problem. The bigger issue is that the tax rolls don't reflect two units.

You need to get permit records to know what you are dealing with.

If you are asking this question here I don't think I would advise you to dive into the deep end and legalize the unit as an ADU.

no permits. and yeah, trying to retroactively legalize the addition as an ADU seems risky. they could deny and then also require the additional unit to be removed or converted back, right?

 Check out SB13 and search for "five".  Basically it should prevent them from requiring you to tear it down unless it presents some health/safety issue.  Note health and safety can include setbacks because the setbacks are needed for ingress/egress.  Assuming, no safety issue, you could get 5 years to get the unit legal.  Senator Wienkowski included this provision for safe units such as what you describe.  He wanted to prevent the removal of safe unpermitted housing units as the goal of SB13 is to provide more housing.

Note the resulting property will not be a duplex. It will either be an ADU or a JADU.

Note my continued use of safe.  If it is not safe, it should not be used as a rental.  SB13 will not apply is there are issues related to health and safety.

You may also want to look into SB9. It does not have anything related to unpermitted units, but does present a path to a duplex (versus an ADU).

Good luck