Chapter 17.75
ACCESSORY APARTMENT CONDITIONAL USE

Sections:

17.75.010    Purpose and intent.

17.75.020    Criteria.

17.75.030    Development standards.

17.75.040    Covenants and guarantees.

17.75.050    Renewal.

17.75.010 Purpose and intent.

The purpose of this chapter is to establish regulations and criteria governing the addition of a secondary residential unit within an existing single-family residence. The intent is two-fold: first, to allow relief for homeowners who suffer from financial, physical, or other distress; second, to provide affordable housing for West Point City residents.

No part of this chapter shall be construed as permitting the creation or establishment of a duplex or similar legal entitlement. All secondary units shall be subordinate in size and prominence to the primary unit. The property owner must reside in the primary unit at all times, and may not delegate, assign, or transfer this responsibility to another party. [Code 2000 § 17-21a-1].

17.75.020 Criteria.

The planning commission shall use the following criteria when evaluating whether or not an applicant should be granted a conditional use permit:

A. The applicant has fee simple title to the property;

B. The applicant meets any of the following:

1. Is a relative or family member of the renter;

2. Is unable to maintain property due to age, illness, or incapacity;

3. Allows the secondary unit to be occupied by members of the clergy as residence only;

C. The applicant has not been notified or fined by the city for any code violations relating to this property or any other property within the previous 12 months;

D. The applicant notifies all property owners within 300 feet of property boundaries;

E. The conditional use application and fee have been submitted promptly and accurately. [Ord. 11-20-2007 § 2. Code 2000 § 17-21a-2].

17.75.030 Development standards.

If the planning commission has determined that an applicant meets the criteria for a conditional use permit, then the property must be made to conform to the following standards before the conditional use permit may be issued. If at any time the property fails to meet these minimum standards, then the conditional use permit may be revoked permanently.

A. The secondary unit shall be subordinate in size and prominence to the main unit;

B. The secondary unit shall have:

1. A separate entrance that faces away from the street and that does not disrupt the single-family appearance of the existing structure;

2. At least one additional paved off-street parking space;

3. A minimum of one bedroom and a three-quarter bath;

4. A kitchen;

5. A one-hour fire-rated door between any access to the primary unit;

C. The secondary unit and the primary unit shall meet all IBC and other city-approved construction standards and the city building inspector shall have granted final approval to all new construction or remodeling;

D. The primary unit shall maintain the outward appearance of a single-family residence;

E. The primary unit shall have:

1. At least two paved off-street parking spaces;

2. Full landscaping installed;

3. A minimum of two bedrooms and a three-quarter bath;

4. A living room/family room;

5. A kitchen;

F. The primary or secondary unit shall not be occupied by more than three persons per bedroom;

G. No vehicles shall be parked on the front lawn or other landscaped areas;

H. The property shall be neatly maintained and shall meet all current codes regarding property maintenance and public health standards;

I. An accessory building may be used as an apartment, but must maintain the same setback as the principal structure. [Ord. 08-01-2017B § 1].

17.75.040 Covenants and guarantees.

The property owner shall record a document with the Davis County recorder indicating that this property is a single-family residence, that the secondary unit is inseparable from the primary unit, and that the secondary unit exists at the pleasure of West Point City and may be revoked at any time for violation of the conditional use permit. [Code 2000 § 17-21a-4].

17.75.050 Renewal.

The property owner shall renew the conditional use permit each year through the payment of a minimal fee to the city to cover administrative expenses. A fee schedule may be obtained from the city recorder. [Code 2000 § 17-21a-5].