Reso PC21-05 0043 PC Reso Accessory Dwelling Unit Requirements

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ATTY/RESO.0043/PC RESO ACCESSORY DWELLING UNIT REQUIREMENTS REV: 07-14-2021 VR Page 11 of 14 37.5 – Short-Term Rentals And Sales Prohibited. Except as otherwise permitted by State law, an accessory dwelling unit or junior accessory dwelling unit shall not be offered for sale, nor sold, but may be rented for terms longer than thirty (30) days. The short-term rental of accessory dwelling units shall not be not permitted. Notwithstanding the foregoing, existing short-term rentals in accessory dwelling units that were registered with the City prior to January 1, 2020 may continue to be used as short-term rentals. 37.6 - Application Review. A. Application. An accessory dwelling unit permit application shall include a building permit application and a completed checklist that demonstrates compliance with the requirements of this article. The application shall include plans showing the details of the proposed accessory dwelling unit under submittal guidelines established by the Director. The Director shall determine compliance with this article prior to issuance of the building permit for the accessory dwelling unit. This decision shall be considered final. B. Ministerial Review. All applications for accessory dwelling units that comply with the requirements under this article shall be reviewed through a building permit within sixty (60) days after receipt of a complete application if there is an existing single-family dwelling, duplex, or multifamily dwelling on the lot. An application shall be denied if the proposed accessory dwelling unit does not comply with all applicable requirements of this article. If the application involves an accessory dwelling unit where there is also an application for a new single-family dwelling on the lot, then the Director may delay action on the accessory dwelling unit application to coincide with the single-family dwelling application as long as the Director applies the ministerial review required by this Section to the accessory dwelling unit. Applicants may request a delay or waive the 60-day approval period. [Article 31, Section 31.3 is amended as follows] Article 31 – SPECIAL USES 31.3 - Short-Term Rental Use Incidental to a Primary Residence. [Subsection A is unchanged] B. Definitions. For purposes of this section, the following definitions shall apply: [Subsections 1-3 are unchanged] 4. Primary Residence. A primary residence is a dwelling unit where a person has been physically present and that the person regards as home. A person may only have one primary residence at any given time. Evidence of a person's primary residence includes, but is not limited to, documentation from income tax statements or a driver's license. If a property has multiple more than one dwelling units, including an accessory dwelling unit or apartment complex, each dwelling unit and accessory dwelling unit shall be considered a separate residence subject to the primary residence requirement. Accessory dwelling units shall not be considered a primary residence for purposes of Section 31.3.