19.79.100 Deed restrictions.
A. Before obtaining a building permit for an accessory dwelling unit or a junior accessory dwelling unit, the property owner shall file a deed restriction with the Marin County Recorder requiring that:
1. The accessory dwelling unit or junior accessory dwelling unit shall not be sold separately from the primary dwelling unit;
2. An accessory dwelling unit or junior accessory dwelling unit may be rented, but no short-term rentals of thirty days or less are allowed;
3. The restrictions applicable to the unit shall be binding upon any successor in ownership and may be enforced against future purchasers; and
4. The deed restrictions shall lapse automatically upon removal of the accessory dwelling unit or junior accessory dwelling unit.
B. In any case where a building permit is not required for an accessory dwelling unit or junior accessory dwelling unit, an executed declaration or agreement of restrictions as required herein shall be submitted to the City for recordation in a form acceptable to the City Attorney, along with applicable recordation fees, and prior approval of the accessory dwelling unit or junior accessory dwelling unit. (Ord. 2023-02 § 2, 2023; Ord. 2021-04 § 2, 2021.)