Chapter 17.70
ACCESSORY APARTMENTS
Sections:
17.70.010 What this chapter does.
17.70.020 Purpose.
17.70.030 Accessory apartment approval required.
17.70.040 Application.
17.70.050 Approval process.
17.70.060 Approval criteria.
17.70.070 Renewal of conditional use permit.
17.70.080 Noncompliance.
17.70.010 What this chapter does.
This chapter establishes approval criteria and outlines processing procedures for accessory apartments. [Ord. O-23-2005 § 3 (Exh. 1(1) § 14.1)].
17.70.020 Purpose.
The purpose of this chapter is to allow accessory apartments within single-family detached dwellings in zoning districts specified in this title, to establish the conditions under which accessory apartments are regulated under this chapter, and to set forth criteria and standards to be required of accessory apartments when this chapter is applicable. [Ord. O-23-2005 § 3 (Exh. 1(1) § 14.2)].
17.70.030 Accessory apartment approval required.
A conditional use permit for an accessory apartment is required when an owner/resident begins to function as a landlord by renting demised space, as described in this chapter, within the residence to a tenant under the terms of a formal or informal rent or lease arrangement, which includes an obligation to pay rent. The following are not considered accessory apartment uses and do not fall under the regulation of this chapter: occupation by a live-in maid, in-home nurse, nanny or any other person or persons who are provided a place to live as part of their employment with, or services they provide to, the owner/resident of the dwelling; or while a family member is called up for military service, etc.; and any occupation by individuals related by blood or marriage.
All other accessory apartment uses are considered illegal unless a conditional use permit has been approved and issued. Accessory apartment uses that existed prior to the adoption of the ordinance codified in this chapter shall be considered illegal until approved by the planning director or planning commission. [Ord. O-23-2005 § 3 (Exh. 1(1) § 14.3)].
17.70.040 Application.
Persons shall make application for an accessory apartment use on forms prepared by the planning department. No accessory apartment use application shall be processed without the submission of the application, all the supporting materials as required by this chapter, and the processing fee. Incomplete applications shall not be processed under any circumstance.
A. Supporting Materials. The accessory apartment application shall be submitted with the materials listed herein. The planning director, designee or planning commission may determine and require that additional items regarding traffic impact or impact on utility usage or other infrastructure not listed herein be submitted in order to evaluate the accessory apartment use application. The number of hard copies and electronic copies, as well as the appropriate format of each, will be determined by the planning director.
1. Notarized Letter. A notarized letter of application (sworn before a notary public) shall be provided by the owners stating that such owners will occupy the said dwelling, except for bona fide temporary absences.
2. Floor Plan. A floor plan of one-quarter inch to the foot showing the floor in which the accessory apartment will be located shall be provided.
3. Parking Plans. A parking plan shall be submitted for accessory apartments that contains the following information: the number of tenants that will be residing in the accessory apartment, and the location and area of off-street parking areas.
4. Fire Extinguishers. Evidence of a number 5 class 2A 10 BC fire extinguisher shall be submitted.
5. Public Notice. If the planning commission reviews the application, a submittal of a public notice will be required. Applicants must submit addressed and stamped envelopes (the city’s address will be the return addresses on the envelopes) for property owners within 300 feet of the proposed accessory apartment use, including a minimum of at least 15 adjacent property owners. The planning department will inform applicants if the public notice hearing is required.
6. Fee. The processing fee required by the current consolidated fee schedule approved by the city council shall be paid in full. [Ord. O-23-2005 § 3 (Exh. 1(1) § 14.4)].
17.70.050 Approval process.
Accessory apartment use is a conditional use that may be approved by the planning director, designee or the planning commission.
A. Planning Director or Designee Approval. The planning director or designee shall approve an accessory apartment use application if the proposed dwelling and its occupants are in complete compliance with all the approval criteria standards identified in this chapter.
As part of the planning director’s or designee’s review, inspections may be required by the planning, building, and/or fire departments. The planning director or designee may approve, approve with conditions, or, if not in compliance, deny the application. Accessory apartment use applications that deviate from the approval criteria will be forwarded to the planning commission for review.
Upon the planning director’s or designee’s approval, the city recorder shall record the approval for an accessory apartment use with the Utah County recorder’s office, including any special conditions of approval to guarantee compliance with the approval.
B. Planning Commission Approval. The planning commission has the authority to permit accessory apartments that are not in full compliance with approval criteria identified in this chapter or that may cause a need for special conditions that, in staff’s judgment, should be reviewed and approved by the commission. The planning commission is required to hold a public hearing for which a notice of the meeting is to be mailed directly to property owners within 300 feet of the property (including a minimum of at least 15 adjacent property owners) of the proposed accessory apartments no less than 10 days prior to the hearing. A copy of the public notice of the hearing shall also be posted in three public places (including the city offices) within the city at least 10 days prior to the hearing. After conducting a public hearing and reviewing the application, the planning commission may approve, approve with conditions, or deny the application of the proposed accessory apartment use. Upon the planning commission’s approval, the city recorder shall record the approval for an accessory apartment use with the Utah County recorder’s office, including any special conditions of approval to guarantee compliance with the approval. [Ord. O-23-2005 § 3 (Exh. 1(1) § 14.5)].
17.70.060 Approval criteria.
Proposed accessory apartment uses must be in compliance with the following criteria to ensure that health and safety considerations are addressed and that the residential characteristics of neighborhoods are preserved. Accessory apartments are to be clearly incidental and secondary to the residential use of the property. The approval criteria include:
A. Owner Occupation. The owner(s) of the residence shall live in the dwelling in which the apartment was created, except for bona fide temporary absences.
B. Floor Area. In no case shall an accessory apartment comprise more than 30 percent of the building’s total floor area (50 percent if located in the basement), or be greater than 800 finished square feet, whichever is greater, unless the residence was constructed or the apartment area was approved prior to the enactment of this title, or if in the opinion of the planning commission, a greater or lesser amount of floor area is warranted by the circumstances of the particular building. An accessory apartment is a complete, separate housing unit containing kitchen and bath facilities that is within an original, stand-alone, single-family dwelling unit.
C. Fire, Building, and Health Codes. The design and size of the accessory apartment shall conform to all applicable standards in the fire, building, and health codes. All necessary building permits shall indicate the area to be designated for accessory apartment use. If the applicant is unable to comply with the terms of the International Building Code (or the International Residential Code) and the International Fire Code as adopted by Eagle Mountain City, the request for the conditional use permit shall be denied.
D. Exterior Appearance. The accessory apartment shall be incorporated into the residence so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence, including landscaping. Installation of separate utility meters for accessory apartment uses is prohibited. Separate addresses and mailboxes shall be placed on all accessory apartments regulated by this chapter as required for public safety purposes. All entrances to accessory apartments shall be located on the side or in the rear of the building.
E. Parking. Off-street parking for one vehicle, in addition to parking for two vehicles otherwise required for a residence in this title, shall be available for use by the tenants of the accessory apartment. All parking shall be on a hard surface (concrete, asphalt, brick, etc.). On-street parking is reserved for guests only. Occupants of residences with accessory apartments who habitually park on the street constitute cause for revocation of accessory apartment conditional use permits.
F. One Accessory Apartment. Only one accessory apartment shall be created within a single-family dwelling, and said area shall clearly be a subordinate part of the dwelling.
G. Detached Structures. Accessory apartments shall only be permitted in a detached structure away from the principal building on the lot in the base density or Tier I categories of the residential zone, or in the agriculture or airpark zones.
H. Occupancy. The occupants of the accessory apartment shall be related to each other by blood, marriage, or adoption; or consist of no more than two unrelated individuals living as a single housekeeping unit. The occupants of the accessory apartment shall not sublease a portion of the accessory apartment to other individuals.
I. More Stringent Conditions. Any other appropriate or more stringent conditions deemed necessary for accessory apartments in protecting public health, safety, welfare, and the single-family character of the neighborhood shall be established by the planning commission. More stringent conditions or prohibitions contained in recorded covenants, conditions and restrictions on land remain valid notwithstanding this chapter. [Ord. O-23-2005 § 3 (Exh. 1(1) § 14.6)].
17.70.070 Renewal of conditional use permit.
Accessory apartment uses are allowed as conditional uses; thus, they may be reviewed periodically as needed and may be revoked if the conditions of approval are not maintained. Conditional use permits for accessory apartments shall remain valid so long as the accessory apartment is in compliance with the city’s ordinances and conditions of approval.
Upon sale of the home or change of primary occupant, the conditional use permit approval for an accessory apartment shall expire; that is, the approval is not transferable. [Ord. O-23-2005 § 3 (Exh. 1(1) § 14.7)].
17.70.080 Noncompliance.
Owners of the single-family dwelling where the accessory apartment use has been approved shall be responsible for their property’s compliance with the city’s ordinances and conditions of approval. Single-family owners who fail to maintain or violate the city’s ordinances regulating accessory apartment use or conditions upon which approval was contingent may have the conditional use permit revoked by the planning director, designee or planning commission. Notice of violation shall be given to the owner of the residence containing the accessory apartment use providing 14 days to correct a violation before the permit is revoked. Persons aggrieved by the planning director’s, designee’s or planning commission’s revocation of their permit may use the appeal process to have their grievances heard. [Ord. O-23-2005 § 3 (Exh. 1(1) § 14.8)].