18.66.030 Permitted Use and Permitting Process

Attached Accessory Apartments (AAA) shall be added to the permitted uses in each Chapter namely sections 18.09.030 (F), 18.10.015 (B), 18.16.015 (1) and 18.18.030 (G) and the following will apply: A. Attached Accessory Apartments (AAA). 1. A notarized application by the property owner shall be filed with the Pleasant View City Recorder who forwards it to the DRC for its consideration. A floor plan and site plan shall be submitted as part of the application. Said application shall include a deed restriction to be recorded by the Weber County Recorder after City approval that states the owner shall occupy the primary dwelling for the duration of the AAA. The statement shall also acknowledge that the AAA is temporary and only effective if the owner complies with all conditions set by Pleasant View City and remains the owner occupying the property. This deed restriction shall read as follows: “An Attached Accessory Apartment permit was issued by Pleasant View City to , the current owner of the property known on the Weber County Tax Rolls as Serial Number - - , and further described as being located at , in Pleasant View, as of the day of , . This permit does not run with the land, and is automatically invalidated by the sale or other transfer of title to this particular parcel of land. Prospective purchasers or owners are advised that only one unit on this property may be occupied by persons other than the owner of the parcel. The owner of the property shall occupy the primary dwelling. Prospective purchasers may apply to Pleasant View City for an Attached Accessory Apartment permit. If the apartment already exists and all conditions required by the zoning continue to be met, then a new permit MAY be granted.” 2. Design Standards for AAA’s. a. No AAA shall have a minimum area less than 300 square feet nor greater than 50% of the main dwelling. b. One additional parking space shall be required for each licensed vehicle in the AAA. All AAA parking spaces shall be located out of the front yard setback. On corner lots this requirement applies to any yard abutting a street. Tandem parking may be allowed. c. Exterior alterations shall compliment and blend with the home in such a way that the AAA is not apparent from the street. Separate entrances, if required, shall not be visible from the street. d. No separate sewer and water connections, addresses or mailboxes shall be allowed. Internal access between the units shall be maintained. e. AAA’s may be leased from the primary occupants of the house. f. Only one AAA may be allowed per lot. g. The AAA shall not be held in separate ownership. 3. Each AAA shall be re-evaluated every three years. If all conditions set by the City continue to be met and the owner submits a notarized statement that he still occupies the primary dwelling, then the City shall extend the AAA permit for another 3 year period. 4. An AAA permit may be revoked at any time for failure to meet any conditions set by the permit. A notice of violation stating the nature of the complaint shall be sent to the property owner that includes a 30 day time period for compliance. If the violation is not retified within the stated time period then a hearing shall be held with the City Council. At the conclusion of the revocation hearing, the City Council may revoke the permit, modify the conditions of the permit, or continue the hearing to acquire more information or reaffirm the use. Revocation of the permit may require that the property owner fully remove any fixtures or structural modifications or conditions of the home or property that were installed to create the AAA. The home shall be restored to meet the definition of a single family dwelling. 5. Existing illegal accessory apartments may apply to the City Recorder for designation as AAA. If an applicant can substantially comply with the requirements of this section then a permit may be issued. In addition to the above mentioned standards, this type of application shall also include a Building Code inspection identifying any life/safety hazards that should be corrected as a condition of approval. 6. An applicant may appeal any action by the Planning Commission pertaining to a bonafide AAA or an application for an AAA, to the City Council. An application of appeal shall be filed with the City Recorder. Such appeals shall be accompanied by a letter that states the reasons that the applicant believes the Planning Commission erred, and the reasons why the action(s) of the Planning Commission should be modified. (Ord.2022-17, dated 6/14/22 and Ord 98-1, 3/24/98)