§ 82-24.006. Permitting procedure.

(a)

Except as otherwise provided in this section, an application for a permit to establish an accessory dwelling unit will be approved ministerially without discretionary review or public hearing if the accessory dwelling unit meets: the location requirements specified in Section 82-24.008; the development standards specified in Section 82-24.012; and all applicable building standards in Title 7.

(b)

An application for a permit to establish an accessory dwelling unit that is an internal conversion within an existing single-family residence or accessory building will be approved ministerially without discretionary review or public hearing if: the existing residence or building is located in a single-family residential district; the internal conversion has independent exterior access; the side and rear setbacks are sufficient for fire safety; and the internal conversion meets all applicable building standards in Title 7 and all applicable sewage and water requirements. An internal conversion that meets the requirements of this subsection is not subject to the location requirements specified in Section 82-24.008 or the development standards specified in Section 82-24.012.

(c)

An application for a permit to establish an accessory dwelling unit, except within the Kensington (-K) combining district, that does not meet one or more of the development standards specified in subsections (a), (i), (j), and (k) of Section 82-24.012 and is not an internal conversion that meets the requirements of subsection (b) of this section will be considered under the administrative decision procedure specified in Article 26-2.21. A discretionary accessory dwelling unit permit will not be issued pursuant to this subsection (c) unless:

(1)

The accessory dwelling unit meets the location requirements specified in Section 82-24.008, the development standards specified in subsections (b) through (h) of Section 82-24.012, and all applicable building standards in Title 7; and

(2)

The zoning administrator makes the findings specified in Section 26-2.2006 and finds all of the following:

(A)

The accessory dwelling unit is compatible with the surrounding neighborhood in terms of its location, size, height, and design;

(B)

The accessory dwelling unit maintains the community's property values and does not substantially impair the value and enjoyment of neighboring properties; and

(C)

The accessory dwelling unit promotes the health, safety, and general welfare of the community.

(d)

An application for a permit to establish an accessory dwelling unit within the Kensington (-K) combining district that does not meet one or more of the development standards specified in subsections (a), (b), (i), (j), and (k) of Section 82-24.012 and is not an internal conversion that meets the requirements of subsection (b) of this section will be considered under the administrative decision procedure specified in Chapter 84-74.

(Ord. No. 2017-25, § II, 10-17-17; Ord. No. 2017-11, § II, 5-23-17)