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AN ORDINANCE TO AMEND CHAPTER 40 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTIONS 40-22 AND 40- 43.4 AND TABLES 40-43.1-1, 40,43.1-2, AND 40-43.1,3 THEREOF PERTAINING TO ACCESSORY DWELLINGS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 40-22 of the Code of the City of Portsmouth, Virginia (1988) be amended by adding thereto the definition" Accessory dwelling unit" to read as follows: Sec. 40-22. Specific definitions. Accessory dwelling unit. An addition for living purposes, whether attached or detached, to a principal dwelling unit which is characterized by the presence of sleeping quarters, bathroom facilities, and a kitchen or food preparation facility which does not replace the kitchen or food preparation facility of the primary structure. 2. That Condition 18 contained in Section 40-43.4 of the Code of the City of Portsmouth, Virginia (1988) be amended and reordained to read as follows: Sec. 40-43.4 Conditions for specific uses. (18) Limited to accessory dwelling units which are incidental to any permitted residential use provided, that none shall be rented or occupied for gain nor shall such accessory dwellings be occupied by-other than the family members of the person occupying the principal structure, except that an employee of the occupant of the principal structure whose primary employment is directed to the principal structure and/or the associated land area of the principal structure or to the care of a resident of the primary sumcmre may occupy such unit during the period of such employment. For the purposes of this condition, the term "family members" shall be defined as parents, children, siblings, grandparents, aunts, uncles, and cousins of an owner or a tenant occupymg the primary sumcture. The following performance standards shall apply to attached accessory dwelling units: (a) The floor area cannot exceed 25% of the floor area of the principal structure. (b) The unit must be attached to the principal structure and have an operative interconnecting door with the principal structure. (c) Access to the unit shall only be from the side or rear yard of the principal structure. (d) One additional on-site parking space must be provided. The Planning Commission may waive this requirement upon a showing of hardship not of the applicants creation.