§ 16-52.105. Junior accessory dwelling unit.

This section provides for the establishment and reasonable regulation of junior accessory dwelling units in order to encourage housing opportunities for all segments of the population while ensuring the public health, safety and welfare.

A.

Zoning permit required. No junior accessory dwelling unit shall be established or used unless a junior accessory dwelling unit permit has been issued by the town.

B.

Application and fee. Application for a junior accessory dwelling unit permit shall be made in compliance with the provisions of division 16-50 (application filing and processing) and shall be accompanied by the appropriate filing fee.

C.

Director of community development as review authority. Applications for junior accessory dwelling unit permit shall be acted upon by the director without discretionary review or a public hearing. Said action shall occur no more than one hundred twenty days following submission of the application. Courtesy notice shall be provided to owners of property within one hundred feet of the subject property, as set forth on equalized county tax assessment rolls, at least ten days prior to a decision by the director.

D.

Grant of junior accessory dwelling unit permit. In order to grant a junior accessory dwelling unit permit, the director shall find that the proposed unit would comply with this section and with the current standards for junior accessory dwelling units as adopted by council resolution.

E.

Building permits. A building permit and a certificate of occupancy shall be required in conjunction with the installation of a junior accessory dwelling unit. Any repair, rehabilitation, or other work associated with the installation of the junior accessory dwelling unit shall also obtain building permits where required by law.

F.

Premises identification. Any town-assigned street address number for the junior accessory dwelling unit shall be plainly visible and legible from the street fronting the property as required by the applicable building code.

G.

Expiration. Junior accessory dwelling unit permits issued in compliance with this section shall expire and become null and void three years after issuance unless a certificate of occupancy has been issued by the building division.

H.

Revocation. Upon written notice to the holder of a junior accessory dwelling unit permit and a hearing before the director, the director may revoke or modify any such permit, on any one of the following grounds:

1.

That the approval was based on false information submitted by the applicant.

2.

That the use for which such approval was granted has ceased to exist or has been suspended for one year or more.

3.

That the permit granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation.

4.

For other good cause.

I.

Periodic update. The director shall maintain a record of all authorized junior accessory dwelling units and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the junior accessory dwelling unit is in compliance with the standards for junior accessory dwelling units and with all operating requirements of the permit as set forth in applicable ordinances and regulations.

J.

Reporting of violations. All reporting of junior accessory dwelling unit violations shall be submitted in writing to the director. The director shall notify the owner of record of the property that a complaint has been registered within ten calendar days from receipt of any such complaint. The director shall investigate and issue a written report to the complainant within thirty days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps that have been requested of the owner of record to remedy the situation.

K.

Violations considered an infraction. Violations of this section shall be punished as infractions or by administrative citation, in the discretion of the director and shall be subject to the provisions of section 16-56.030 (violations and penalties) and/or chapter 31 (enforcement of code). This subsection also applies to violations of requirements of operation issued in association with any junior accessory dwelling unit approval.

L.

Violations—Additional remedies—Injunctions. As an additional remedy, the existence and/or maintenance of any junior accessory dwelling unit in violation of any provisions herein, or of any requirements of operation placed thereon, shall be cause for revocation and shall be deemed and is declared to be a public nuisance and may be subject to summary abatement (i.e., including, without limitation, administrative abatement in compliance with chapter 31), and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action.

M.

Appeals. The decision of the director granting or denying a junior accessory dwelling unit permit is a ministerial decision as required by state law, and not subject to a public hearing. Any appeal of the decision shall constitute an administrative review of the objective standards and criteria established by the town for junior accessory dwelling units. Any such appeal must be filed within ten calendar days of the date of decision and shall be heard by the town council. The appeal shall be heard in a timely manner.

(Ord. No. 555 N.S. , § 2(C), 2-18-2015; Ord. No. 568 N.S., § 2(D), 2-1-2017)