108-19-6 Application and Review Procedure

A. Land Use Permit Required. Approval of an accessory dwelling unit requires a land use permit. For an accessory dwelling unit the City is required by state law to allow, the City shall process the application as a permitted use subject to objective standards and ministerial review. The City shall not require a conditional use permit unless expressly authorized by state law. B. Application Submittal Requirements. 1. A completed application form signed by the property owner or assigned agent. 2. An application fee. The payment of a partial application fee, or the submittal of plans for a presubmittal review, does not constitute a complete application. 3. A site plan drawn accurately to scale that shows property lines and dimensions, the location of existing buildings and building entrances, any proposed building and its dimensions from buildings and property lines, the location of easements, and the location of parking stalls. 4. Detailed floor plans, including elevations, drawn to scale with labels on rooms indicating uses or proposed uses. 5. A statement of feasibility, also known as a will-serve letter, from the utilities providing culinary water and sanitary sewer services, or, if the accessory dwelling unit will be served by a well or septic system, the local health department. 6. Written verification on a form approved by the City affirming that the applicant is the owner of the property and has permanent residency in either the primary dwelling or the accessory dwelling unit located on the property where the request is being made, acknowledging the requirements of this chapter, and agreeing to comply with them for so long as the accessory dwelling unit exists or is used. 7. For a detached accessory dwelling unit, evidence that the lot or parcel meets the applicable statelaw eligibility requirements, including lot size and single-family dwelling status, unless the City Council has expressly adopted a broader allowance. C. Recorded Notice. Before issuance of a land use permit, building permit, or business license for an accessory dwelling unit, the owner shall execute and record with the Weber County Recorder a notice, in a form approved by the City, stating that the property contains or is approved for an accessory dwelling unit; that the accessory dwelling unit may only be used in accordance with this chapter and applicable state law; that owner occupancy is required unless waived by the City as provided herein; that short-term or transient lodging use is prohibited; and that the accessory dwelling unit may not be sold or conveyed separately from the primary dwelling except as part of a lawful subdivision approved under this code. D. Review Procedure. 1. Upon submittal of a complete accessory dwelling unit application, Planning staff will review the application to verify compliance with this chapter and any other relevant component of this Land Use Code. 2. Planning staff will route the application to the local fire authority, the County Building Division, and any other relevant review department, utility provider, or agency for verification of compliance, determination of need for land use permit application modifications, and for the submittal of other applications or reviews necessary to obtain their approvals of an accessory dwelling unit. 3. If the land use permit application complies with relevant land use laws and receives all required department and agency approvals, a land use permit shall be issued. If the application requires submittal of other applications or reviews necessary to attain the approvals of other required departments or agencies, but otherwise complies with relevant land use laws, the application shall be given conditional approval by Planning staff, conditioned on approval of other reviewers. The accessory dwelling unit shall maintain compliance with the approved permit. 4. If the application does not comply, Planning staff shall notify the applicant using the notification method typical for similar planning correspondence. The applicant shall be given the opportunity to revise the application to bring it into compliance. If the application cannot be brought into compliance, the applicant may either withdraw the application, forfeiting the fee, or pursue a final land use decision by the Planning Division, which shall be denial of the land use application. 5. Upon receipt of an approved land use permit, the applicant shall submit for a building permit, if needed, prior to building or using any space as an accessory dwelling unit. The City may combine the land use permit and building permit application process. 6. If the accessory dwelling unit is rented, a business license is required. If the business license is addressed to the site, it shall be reviewed as a home occupation business license, as provided in Title 108 Chapter 13, but the area regulations and confinement to one single-family dwelling onsite shall not apply.