Unless otherwise preempted by state law, the design and construction of all newly constructed accessory dwelling units shall comply with all applicable building, housing, zoning and site development standards of this Chapter, including but not limited to standards regarding setbacks, floor area ratio standards, height, and lot coverage. Applicants shall also comply with all applicable fee and charge requirements, and other applicable zoning requirements. Applications deemed complete for accessory dwelling units shall be approved ministerially, and shall be approved or denied without additional permits, discretionary reviews, or hearings, within 60 days after receipt of a complete application.
(a) Denial. If an application for an ADU or junior ADU is denied. a full set of comments and a list of items that are defective or deficient shall be returned to the applicant with the denial and shall include a description of how the application can be remedied. No application shall be denied solely due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are unrelated to the construction of accessory dwelling units. Notwithstanding the foregoing, any approvals granted under this Section shall not constitute authorization for construction of the violation, or waiver of or estoppel against any future enforcement action.
(b) Delay. Applicants may request to delay the 60-day approval period, in which case the 60-day time period is tolled for the period of the requested delay.
(Ord. 197, passed 3-4-2020; Am. Ord. 233, passed 3-8-2023)