From Weber County Wiki
42-1 Purpose and Intent
The purpose of allowing Accessory Apartments within existing dwellings or by addition thereto, subject to conditions by Conditional Use Permit, is to provide for affordable housing for the citizens of Weber County.
42-2 Conditional Use
Accessory Apartments may be permitted, by Conditional Use Permit, in any zone in which single family residential dwelling units are allowed, under the following specifications;
- Relationship to principal use; appearance. An apartment may be established only accessory to a permitted dwelling. The apartment unit shall have common wall(s), roof, and/or floor(s) with the principal dwelling. The minimum width shall be twenty feet (20) ft. with the liveable floor area of the main home, with an opening from the accessory apartment to the main home, into a common living area of the main home. The opening can be closed off by a door. Basement apartments meet this requirement with the common floor. The stairs which lead to the main floor and open up into the common living space of the main home can be closed off by a door. The accessory apartment opening into a garage or storage is not considered livable space. The outward appearance of the accessory dwelling shall be consistent with the design and character of the principal dwelling in its construction, materials and finish treatment. There shall be no more than one apartment accessory to a permitted dwelling. There shall be no separate address, mailbox or utilities.
- Floor area. Living area of an accessory apartment shall contain a minimum of four hundred (400) square feet and shall not exceed a maximum of eight hundred (800) square feet; there shall be no more than two (2) bedrooms in such apartments. In no case shall the floor area exceed twenty-five (25) percent of the gross livable floor area of the total structure.
- Location. An accessory apartment shall be so located upon a lot to comply with all dimensional requirements of the zoning district for new construction. An apartment located within the perimeter of an existing (by location) non-conforming dwelling, shall not be subject to such requirements. No apartment shall be located in a basement or cellar unless such basements or cellar constitutes a walk-out basement. Additions for the purpose of an accessory apartment shall be made only above or to the side or rear of the principal dwelling.
- Access. An accessory apartment shall have a minimum of one (1) separate external door access from the principal dwelling located on either the side or the rear of the principal dwelling.
- Amenities. An accessory apartment shall contain separate amenities from the principal dwelling: kitchen facilities, full bath, electric panel with separate disconnect, telephone service.
- Parking. In addition to the two (2) parking spaces required for the principal dwelling, two (2) off-street parking spaces shall be provided for an accessory apartment in a designated location on the premises. Such spaces shall be on an area prepared to accommodate vehicle parking.
42-3 General Provisions
In addition to the section above, the following general provisions shall apply:
- Either the principal dwelling or accessory apartment shall be occupied by the owner of the premises at all times, excepting reasonable vacation absences.
- Nothing shall prevent the owner of the premises from deed restricting aspects of the use of the apartment as long as such restrictions legally conform to any local, state or federal law or regulation.
- There shall be no limitation on age of structure, time of ownership, or construction of additions to establish an accessory apartment, except as provided in this section.
- All provisions of the State of Utah Building Code, as amended from time to time, including the securing of requisite building Land Use Permits, Building Permits, and certificates of occupancy, together with the requirements of all other applicable construction codes or regulations, shall be met to establish an accessory apartment.
- The Fire Marshal shall review and approve any proposal to establish an accessory apartment to assure adequate fire safety.
- The Morgan-Weber Environmental Health Department or Sewer Service provider shall review and approve any proposal to establish an accessory apartment to assure the premises conforms to the minimum requirements for sewage disposal.
42-4 Application Procedure
The application for a Conditional Use Permit for an accessory apartment shall follow the guidelines in Chapter 22C. The following provisions shall also apply to the establishment of an accessory apartment:
- A person seeking to establish an accessory apartment shall file an application for a Conditional Use Permit and pay the associated filing fee. The application is to be accompanied by complete floor plans, elevations, and interior layout drawn to scale, including alterations to be made to the existing dwelling exterior. Also, photographs of the dwelling exterior are to be submitted with the application. The application shall then be reviewed and either approved or denied by the Township Planning Commission in which jurisdiction the property lies.
- Upon receipt of a Conditional Use Permit and Building Permit, and prior to issuance of a Certificate of Occupancy by the Chief Building Official, the Weber County Zoning Enforcement Officer shall inspect the premises. The Conditional Use Permit shall be reviewed for renewal every two (2) years.
42-5 Moderate Income Housing Provision
In the interest of furthering the goals of providing increased affordable housing stock, it is desirable that provision for accessory apartments be established meeting the affordability guidelines established by the Weber County Moderate Income Housing Plan. Owners are encouraged to establish units in consideration of such guidelines.
- To determine achievement of affordable housing designation, the owner shall provide a copy of the initial rental agreement indicating either the monthly or annual rent of the unit at the time of issuance of the Certificate of Occupancy.
- The Planning Department Staff, pursuant to its established administrative requirements, shall review rental agreements every two (2) years as part of the Conditional Use approval in order to assure that the affordability of the accessory apartment is upheld and to keep records on numbers and availability of affordable housing.
42-6 Non-conforming Accessory Apartments
Any accessory apartment type unit remaining without a Conditional Use Permit after the date of May 6, 2006 shall be deemed to be illegal and in violation of the zoning regulations and subject to such enforcement action and penalties which the law may prescribe.
42-7 Applicability to Non-conforming Units
Recognizing that there currently exists illegally established units of accessory apartments, provision is made under this subsection to allow such units to apply for and receive Conditional Use Permits for a period of one (1) year from the effective date of this ordinance. Upon expiration of this provision on May 6, 2007 this subsection shall become invalid and be removed from the zoning regulations. Existing units shall be reviewed subject to the following:
- The request shall meet the provisions set forth in this ordinance.
- The provisions of this ordinance for the establishment of an approved accessory apartment shall be waived only if found to create no violation of any local, state, or federal ordinance, law or regulation.