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 comfortably in homes and neighborhoods they might otherwise be forced to leave;

   B.   Add inexpensive rental units to the available housing within the City 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 accessory apartments where single family dwellings are allowed 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. 18-01, 1-16-2018)

   A.   A conditional use permit may be granted and must be obtained 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.   Separate Unit: The apartment will be a separate housekeeping unit that can be isolated within the original single family dwelling.

      2.   One Apartment Only: Only one apartment will be created within a single family dwelling.

      3.   Owner To Occupy: The owner(s) of the single family dwelling in which the accessory apartment is created shall occupy at least one of the dwelling units in the single family dwelling, except for periods of bona fide temporary absences as determined by the Planning and Zoning Commission.

      4.   Design; Appearance: The accessory apartment shall be designed so that the appearance of the building remains that of a single family dwelling. Any new entrances shall be located on the side or the rear of the single family dwelling.

      5.   Conformance With Codes: The design and size of the apartment must conform to all applicable standards in Health, Building and other codes. Certification by the Health Department must be issued stating that the waste disposal system is sized according to total available bedrooms in the house before a conditional use permit is granted.

      6.   Parking: At least three (3) off street hard surface parking areas shall be available for use by the owner-occupant(s) and tenant(s). Parking shall not exceed twenty five percent (25%) of the front or side property yards.

      7.   Other Considerations For An Accessory Apartment:

         a.   Building Permit: A building permit shall be obtained by the homeowner from the City before the commencement of any new construction of an accessory apartment, and a certificate of occupancy shall be obtained, as required by section 10-3-2 of this title, prior to anyone occupying an accessory apartment dwelling unit.

         b.   Sale Of Single Family Dwelling: Any conditional use permit granted for an accessory apartment rental, as herein provided, shall become null and void upon the sale of the single family dwelling in which it is located, unless a new conditional use permit is applied for and obtained by the purchaser(s) of the single family dwelling in which said accessory apartment rental is located as provided in subsection 10-16-3C of this chapter.

         c.   Review For Renewal: Any conditional use permit granted will be reviewed on or about the third anniversary of the date on which it was issued and each third anniversary date thereafter, until it is terminated or otherwise is no longer in use. Said permit may, however, be immediately reviewed and terminated or modified at any time if it is determined that this title, this chapter, or any other ordinances or regulations of the City are not or have not been continuously complied with.

         d.   Nonuse For One Year: Any accessory apartment rental that is not occupied and so used for a period of one year or longer shall be deemed abandoned, the conditional use permit expired and the residence shall revert to use as a single family residence only.

      8.   Other Appropriate Conditions: 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 may be included as a part of any conditional use permit.

   B.   Accessory apartments are allowed in the A Agriculture Zone, and the R-1 Single Family Residential Zones. (Ord. 18-01, 1-16-2018)

   A.   Application for a conditional use permit for an accessory apartment shall be made to the Planning and Zoning Commission in accordance with the conditional use permit procedures given in chapter 13 of 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 in the single family dwelling except for periods of bona fide temporary absences;

      2.   A floor plan to the scale of one-fourth inch (1/4") to the foot showing proposed changes to the single family dwelling;

      3.   A site plan;

      4.   The fee as set forth by the most recent prevailing fee schedule adopted by resolution of the City Council to cover the costs of processing the application, legal notices and code inspection.

   B.   Within forty five (45) 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 local newspaper at least ten (10) days prior to the public hearing.

   C.   The purchasers of a single family dwelling that had or has a conditional use permit for an accessory apartment who want to continue renting the apartment must reapply for a conditional use permit and must demonstrate that all conditions prerequisite to obtaining the relevant permit, in particular their residence in the single family dwelling, have been met.

   D.   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 in an accessory apartment by existing tenants. (Ord. 18-01, 1-16-2018)