The purpose of permitting an accessory apartment is to:

   A.   Provide homeowners with a means of obtaining, through tenants in an accessory apartment, rental income, companionship, security, and services, and thereby to enable them to stay more comfortable in homes and neighborhoods they might otherwise be forced to leave;

   B.   Add inexpensive rental units to the housing stock to meet the needs of smaller households, both young and old;

   C.   Make housing units available to moderate income households who might otherwise have difficulty finding homes within the City;

   D.   Develop housing units in single-family neighborhoods that are appropriate for small households at a variety of stages in the life cycle, thereby lessening fluctuations in neighborhood demand for particular services. (Ord. 1998-1, 7-17-1998)

   A.   Standards And Criteria: A conditional use permit will be granted for a use to be known as accessory apartment rental in owner-occupied single-family dwellings; provided, that the following standards and criteria are met:

      1.   The apartment will be a separate housekeeping unit that can be isolated within the original unit.

      2.   Only one apartment will be created within a single-family house.

      3.   The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the apartments in the dwelling, except for bona fide temporary absences determined by the Planning and Zoning Commission.

      4.   The accessory apartment shall be designed so that the appearance of the building remains that of a one-family residence. Any new entrances shall be located on the side or in the rear of the building.

      5.   The design and size of the apartment conforms to all applicable standards in the health, building, and other codes. Certification by the Health Department must be issued stating that the waste disposal system in sized according to total available bedrooms in the house before a permit is granted. The minimum of eight hundred fifty (850) square feet may be waived for the apartment.

      6.   At least three (3) off-street hard surfaced parking spaces are available for use by the owner-occupant(s) and tenant(s). Parking not to exceed twenty five percent (25%) of front or side property line.

      7.   Other conditions for accessory apartment:

         a.   Building permit.

         b.   Termination of conditional use permit upon sale of property.

         c.   Conditional use permit review for renewal in three (3) years.

      8.   Any other appropriate or more stringent conditions deemed necessary by the Planning and Zoning Commission to protect public health, safety, and welfare, and the single-family character of the neighborhood.

      9.   City will charge property owner for the additional garbage service for the apartment.

   B.   Allowable Locations: Accessory apartments are allowed in A-1 Single-Family Residential Zone, A-2 Multi-Family Residential Zone, Transitional Zone and where existing housing exists in Business Zone. (Ord. 1998-1, 7-17-1998)

   A.   Accompanying Documents; Fee: Application for a permit for an accessory apartment shall be made to the Planning and Zoning Commission in accordance with the conditional use permit procedures given in this Title and shall include:

      1.   A notarized letter accompanying the application from the owner(s) stating that the owner will occupy one of the dwelling units on the premises, except for bona fide temporary absences;

      2.   A floor plan of one-fourth inch to the foot (1/4" = 1') showing proposed changes to the building;

      3.   A site plan;

      4.   A fee to cover costs of processing the application, legal notice.

   B.   Notice; Hearing: Within thirty (30) days of the receipt of an application, the Planning and Zoning Commission shall hold a public hearing. Legal notice of such public hearing shall be published in the official newspaper at least ten (10) days prior to the public hearing.

   C.   Purchaser Of Home: The purchaser of a home that had a conditional use permit for an accessory apartment who wants to continue renting the apartment must reapply for a permit and must demonstrate that all conditions prerequisite to obtaining the relevant permit, in particular their residence in the home, have been met.

   D.   Approval Prior To Sale: Where appropriate, the Planning and Zoning Commission will take steps to expedite approval or to give conditional approval prior to sale in order to protect continued residence by existing tenants. (Ord. 1998-1, 7-17-1998)